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Home My WebLink About2011-09-08 Info Packet� = 1 ®r�� -.oft .� CITY OF IOWA CITY www.icgov.org CITY COUNCIL INFORMATION PACKET r- MISCELLANEOUS September 8, 2011 IN Council Meetings and Work Session Agenaa IP2 Memo from Human Rights Coordinator: Issues of Immigration and Building Safe Communities for All (Recommendations from the Human Rights Commission) IP3 Memo from Code Enforcement Asst.: 320 E. Burlington St., L & J BBQ Restaurant IN Memo from City Attorney: Absence IP5 Memo from City Attorney: Campaign Contributions — Personal expenditures by candidates (self- funding) DRAFT MINUTES IP6 Board of Adjustment: August 17, 2011 � 1 ajCity Council Meeting Schedule and CITY OF IOWA CITY Work Session Agendas September 8, 2011 www.icgov.org TENTATIVE MEETING SCHEDULE SUBJECT TO CHANGE ♦ MONDAY, SEPTEMBER 19 Emma J. Harvat Hall 5:30p Regular Work Session ♦ TUESDAY, SEPTEMBER 20 Emma J. Harvat Hall 7:00p Regular Formal Council Meeting ♦ MONDAY, OCTOBER 3 Emma J. Harvat Hall 5:30p Regular Work Session ♦ TUESDAY, OCTOBER 4 Emma J. Harvat Hall 7:00p Regular Formal Council Meeting ♦ MONDAY, OCTOBER 17 Emma J. Harvat Hall 5:30p Regular Work Session ♦ TUESDAY, OCTOBER 18 Emma J. Harvat Hall 7:00p Regular Formal Council Meeting ♦ TUESDAY, NOVEMBER 1 Emma J. Harvat Hall 5:30p Special Work Session 7:00p Regular Formal Council Meeting ♦ MONDAY, NOVEMBER 21 Emma J. Harvat Hall 5:30p Special Work Session ♦ TUESDAY, NOVEMBER 22 Emma J. Harvat Hall 7:00p Special Formal Council Meeting ♦ TUESDAY, NOVEMBER 29 Beckwith Boathouse 1:00p -5:00p Special Work Session — Strategic Planning Session Terrill Mill Park 5:00p -7:00p Orientation (current and incoming Council) ♦ WEDNESDAY, NOVEMBER 30 Iowa City School District 4:00p Joint Meeting Administrative Offices ♦ MONDAY, DECEMBER 5 Emma J. Harvat Hall 2:00p -5:30p Special Work Session — Strategic Planning Session 5:30P Regular Work Session ♦ TUESDAY, DECEMBER 6 Emma J. Harvat Hall 7:00p Regular Formal Council Meeting r r�•'i ,® , CITY OF IOWA CITY IP2 " ,ck MEMORANDUM Date: September 8, 2011 To: Council From: Stefanie Bowers, Human Rights Coordinator Re: Issues of Immigration and Building Safe Communities for All The attached documents are for the work session being held on September 19, 2011. The documents which are a recommendation to Council from the Human Rights Commission are being sent in advance for Council review. Approved at 8/16/2011 Human Rights commission Meeting Recommendations of the IC Human Rights Commission to the Iowa City City Council on Issues of Immigration and Building Safe Communities for All For discussion at the Joint Working Session, September 1% 2011 Submitted by the ICHRC Immigration Subcommittee Members (Dianne Day, Harry Olmstead, Orville Townsend, Diane Finnerty) and approved by the IC Human Rights Commission September 7, 2011 1 1 Page 9 .7.11 Introduction The IC Human Rights Commission was charged by the IC City Council to investigate whether the IC City Council should implement a "Sanctuary City" ordinance. Our understanding is that the ordinance was proposed as one possible approach to ensuring that immigrants living in Iowa City — both those with documentation and those without — feel welcomed and able to live without fear of city officials during this historic time of intense debate regarding federal immigration reform. As a result of our listening to community members' stories, reviewing of data from a "We Are Iowa City" community survey we conducted (see Appendix A), and researching municipal best practices on issues of immigration, we recommend that the City Council take the following multi - pronged approach to create and maintain a welcoming community. Recommendations 1. Implement a Municipal Ordinance Clarifying Municipal Employees' Authority in Immigration Matters: We recommend that the City of Iowa City, through its Council leadership, make a clear and forthright statement about the value and importance of immigrants in our community by debating and passing a policy that clarifies the role of municipal employees as related to federal immigration enforcement. While we hold the Sanctuary City Movement in great respect and honor it as an important grassroots force originating in Faith communities' steadfast work to provide safety and shelter to vulnerable populations, we believe that the title, "Sanctuary City," is a misnomer for this type of municipal approach. We remain in support of the intent of the proposed "Sanctuary City" ordinance, but recommend instead that the City of Iowa City pass an ordinance similar to the "Employee Authority in Immigration Matters" municipal code in place in Minneapolis, Minnesota, which "clarifies the communication and enforcement relationship between the city and the United States Department of Homeland Security and other federal agencies with respect to the enforcement of civil immigration laws. The city works cooperatively with the Homeland Security, as it does with all state and federal agencies, but the city does not operate its programs for the purpose of enforcing federal immigration laws." (Minneapolis Code of Ordinances, 2011) (see Appendix B). A very similar code is in place in St. Paul, Minnesota (St. Paul, Code of Ordinances, 2011). The IC Human Rights Commission recommends that the ordinance be entitled something similar to "Safe City for All" to communicate the intent of the policy. As has been shown in other communities, such a "municipal policy would therefore ensure that city services are available to all city residents on the basis of need, and without discrimination on the basis of immigration status. It would also ensure that municipal funds, resources, and workers would not be used to enforce immigration laws." (Berinstein et al, 2006) Clarify Types of Identification Required for City of Iowa City Services: We recommend that the City clarify the exact types of identification needed to access City services and train municipal employees regarding what types of identification City employees can and should request (e.g., to purchase a bus pass, request a library card, during a law enforcement traffic stop). Part of the training to City employees should include an awareness of the unintended impact of asking someone for "driver's license" rather than a "government issued photo ID" for services that do not actually require a driver's license, as well as bias reduction related to immigrant residents of Iowa City (see Appendix C for survey to date of City of Iowa City departments regarding "City Services and Required Identification "). We believe this type of education will benefit all residents of Iowa City, whether living in the community with or without documentation, and will serve to increase the cultural 21P'age 9 . 7 . 1 1 competence of City staff. We recommend that these guidelines be published in a hand -out such as the "Living in Iowa City" pamphlet, translated into the languages most dominant in the community and distributed through various family - friendly venues (e.g., neighborhood centers, family resource centers, Faith communities). Furthermore, this hand -out can clearly identify which services, if any, offer bilingual staff to assist in accessing the services in person. 3. Use the resources of the IC Human Rights Commission to hold public forums on issues related to immigration and becoming a welcoming community, and co- sponsor additional "Know Your Rights" sessions with local leaders of immigrant communities. The first of these public forums would be held this Fall. City Council officials are encouraged to attend the forums or, at minimum, to review the materials which will include talking points for how to address myths about immigration in our state and local community. 4. Increase Access to City Services by Immigrant Communities, particularly those identified as most - used in the "We Are Iowa City" survey data. As noted in survey data (see Appendix A), it is clear that several City services are currently accessed and appreciated by local immigrant communities. Given the connection that currently exists, we recommend that these services increase outreach to non - native English speakers by developing brochures and resources in other languages. For example, we encourage that a version of the Recreation Services program and policies be translated into the languages most dominant in the city, and that signage in more than one language be posted in the facilities. Also, as noted in the "City of Iowa City Service Ratings" table (Appendix A), the services for which there was a high "No Opinion" response rate (e.g., Senior Center -68 %) might be encouraged to examine their outreach materials and increase their presence in immigrant communities. We believe all members of our community benefit when civic participation and engagement in City programs are encouraged among newcomers to the community. Issue an IC City Council Proclamation in Support of Immigrant Justice: We urge the IC City Council to issue an affirmation of the value of living in a community comprised of many nationalities and ethnicities who make needed and varied contributions to the vibrancy of our city, and in support of the desire of all residents to experience a safe city, including those of us [ "us" used intentionally] who live in families with mixed immigration statuses. That, furthermore, the City of Iowa City recognizes that the federal government must reform its current immigration policy and a statement that, while it has no choice but to implement certain aspects of current policy, e.g., Department of Homeland Security's Secure Communities program, that it will comply with the requirement, but do no more to aid in the apprehension of perceived and actual undocumented immigrants. We recommend that Iowa City join the many municipalities, counties, and states that are proclaiming their opposition to the Secure Communities requirement and join the historic movement to demand federal immigration reform (Wells, 2011; Keen, 2006; NYT Editorial Board, 2011). IC City Councilors should be prepared to address anti - immigrant sentiment in the community. The Iowa City Human Rights Commission will be glad to provide data to the Councilors and draft any needed talking points for their consideration. 6. Implement a Best Practice Model for Inclusive Communities: In addition to a proclamation, we recommend that the City of Iowa City demonstrate its commitment by implementing a national model designed to build inclusive communities. In this way, the City of Iowa City will learn from best practices used by other municipalities that have been systematically addressing issues related to racial and ethnic integration "Welcoming America" is one organization endorsed by the Iowa Immigration and Education Coalition for this work, and the City of Seattle's Racial and Social Justice Initiative is another innovative and highly regarded municipal program. 3 1 P a g e __ _ 9 7.11 Increase Law Enforcement's Outreach and Effectiveness with Immigrant Communities: As the percentage of foreign -born residents in our city and our state continues to increase, we recommend that the IC Police Department focus attention on its current practices and policies related to immigrant communities. If implemented, the above municipal ordinance will provide additional assurances to the communities regarding what officers may and /or may not ask regarding immigration status during a stop, in turn increasing their trust for law enforcements local role. Additionally, given the high levels of fear of law enforcement expressed in the "We Are Iowa City" survey data, we recommend that the IC Police Department focus additional attention on educating the community about the highly controversial "Secure Communities Program," increase its outreach to immigrant communities, and integrate effective cultural competence training into its regular training program. Because much of the impetus behind the original Sanctuary City Ordinance proposal sprung from the fear of law enforcement within segments of the local immigrant community, we offer the following recommendations as a multi- tactic approach to improving law enforcement - community relations: o Secure Communities Program: This report will not go into depths regarding the U.S. Department of Homeland Security's highly controversial "Secure Communities Program," but the Commission has grown increasingly concerned about this program and whether it is serving the purpose originally intended by the Department of Homeland Security. (see Appendix D: Immigration Policy Center's Secure Communities Fact Sheet). Additionally, we have heard a great deal of concern and confusion regarding the impact of the Secure Communities program at time of booking, and anecdotal stories of immigration status being requested when it was not relevant to the situation (e.g., during a traffic stop). We encourage the IC Police Department to work with local leaders of immigrant communities to develop a "know -your- rights" document to be distributed by police at time of contact that educates about the Secure Communities program and other relevant rights, and that informs the public that being a witness to a crime committed by or making an accusation against an undocumented immigrant will result in the sharing of that person's fingerprint data and other biometrics with the Department of Homeland Security if arrested. We encourage the ICPD to have this document translated into the major languages spoken in the community and to work closely with the Domestic Violence Intervention Program, the Rape Victim's Advocacy Program, and the Iowa City Crisis Center to insure that victim advocates are aware of this when working with victims of domestic and sexual violence. We are aware of prominent national occurrences when victims of domestic violence who did not speak English were erroneously taken into custody and processed, sending their data to immigration authorities, only to be "released" from the original criminal charges. o Law Enforcement Collaboration_ to Monitor Effect of Secure Communities Program: We further recommend that the ICPD be instructed to work with the Johnson County Sheriff's Department to monitor the issues that have been raised by many law enforcement agencies and public entities re: the damaging effect of the U.S. ICE Secure Communities program on trust and cooperation with local law enforcement agencies. Some law enforcement agencies, for example, have requested that ICE stop identifying its officers as "POLICE" on the back of their uniforms. Further, several law enforcement leaders, including Polk County Sheriff Bill McCarthy, have voiced their vocal opposition to the Secure Communities Program (Wells, 2011), arguing that its original intent to apprehend "serious criminals" was missing its mark. As stated in the Memorandum of Understanding between the Department of Homeland Security and the Iowa Department of Public Safety (U.S. ICE, 2010), "SC is a comprehensive ICE initiative that focuses on the identification and removal of aliens who are convicted of a serious criminal offense and are subject to removal, including the 4 IPag 9 .7.11 utilization of advanced biometric and communications technology to share information among law enforcement agencies (LEAs) to identify, detain and remove from the United States aliens who have been convicted of a serious criminal offense and are subject to removal." As a key part of this monitoring, we would like clarification regarding the ICPD's Standard Operating Procedures for how "race" and "ethnicity" are entered when a victim /witness /criminal is identified as "Latino." As noted in the national literature, the racial profiling of Latinos goes largely underreported, due to the identification of their "race" as "White" (Rangel, 2011). If no SOP exists, we encourage one to be developed and an audit of existing contacts using methods proven in other jurisdictions (WGN, 2011). o Police Office Training and Outreach: Given that contemporary anti - immigrant sentiments are leading to racial and ethnic profiling of Latinos in other communities, we recommend that the ICPD, in collaboration with other local law enforcement agencies, participate in training on racial and ethnic profiling, including issues related specifically to immigration. This training should be done in collaboration with groups working on other concerns related to perceived racial profiling in Iowa City and include elements of cultural competence when working with immigrant communities (e.g., reaction to military- appearing uniforms by people traumatized by civil war in their home countries and abuse at the hands of uniformed officials). o ICPD Diversity: Lastly, we strongly recommend that the IC City Council evaluate the ICPD leadership on their success in recruiting and retaining a racially and ethnically diverse staff, including native speakers of languages other than English. If diversity goals are in place and progress is being made, we believe communicating these efforts and outcomes to the community would be beneficial. Further, we acknowledge that diversifying any work environment occurs over the long -term, we recommend that the ICPD develop an internal leadership team similar to other municipal models (e.g., H.A.R.T.- Hispanic American Resource Team in Las Vegas, or International Relations Team in Charlotte - Mecklenburg) to strengthen community relations and lead from within. 8. Create a Standing Immigrant Review Committee: Given the well- founded reluctance of many people in the immigrant community to come forward with concerns of rights violations and /or recommendations for community improvements, we recommend that the IC City Council create a stand -alone subcommittee focused on reaching out and serving as a vehicle for the voices of immigrants living in Iowa City. This committee could include membership from the IC Human Rights Commission (2 members), the Police Citizen Review Board (1 member), members at large (2 members to be appointed by the Iowa City City Council), and 3 -5 members of the local immigrant community. Details for how often they would meet and how they would channel their recommendations to the City leadership are left to be developed, but we encourage this committee as a tool to establish a channel for anecdotal concerns to be shared by the immigrant community and City leadership, since such a connection does not naturally occur in our current system. 9. Provide Outreach to Local Immigrant Communities: Lastly, we encourage City officials to make intentional, direct contact and connection with immigrant communities. The Mayor could, for example, offer welcoming comments in Spanish and /or other translated languages via the community television station; City officials could hold regular meetings with local leaders in immigrant communities; the City Council could hold an annual meeting in a neighborhood serving immigrant communities and partner with the local school district to provide a civics lesson on democratic participation to the community in advance of the meeting. 5 1 P.a g __ 9. 7 1 1 Conclusion: We thank the City Council leadership for directing this matter to us for further reflection and investigation, and we look forward to hearing the response of City leadership to this comprehensive set of recommendations that has evolved as a result of our consideration of the challenge raised by the Iowa City Sanctuary City Committee. To maintain dialogue and encourage forward movement within our City, the Iowa City Human Rights Commission respectfully requests a written response to these recommendations by November 1, 2011, possible, but no later than December 1, 2011. As a citizen Commission, we look forward to continued dialogue and to working together with the City Council and the community to address issues of importance to our immigrant communities and build a safe community for all. 61Pag e 9 . 7 . 1 1 Works Cited and Additional Resources • Berinstein, C., McDonald, J., Nyers, P., Wright, C., and Sahar Zerehi, S. (2006). Access, Not Fear., Non - status Immigrants and City Services. Retrieved August 1, 2011 from: https: / /we riseup net / assets / 17034 / Access% 20Not /o20Fear %20Report/`20 /o28Feb %202006 %2 9.pdf • Colorlines. Drop the "I -Word" Campaign: http : / /colorlines.com /droptheiword/ • Deportation Nation (2011, August 6). ICE says Secure Communities will stay active even if states opt -out: http:/ /www deportationnation org/ 2011 /08/ ice - goes - rogue- secure - communities -to- stay- active -eve n -if- states -opt -out/ • Immigration Policy Center (2010). Secure Communities Fact Sheet. Retrieved August 18, 2011 from: http:/ /www immigrationpolicy.org /lust- facts /secure- communities - fact -sheet • Keen, J. (2006, June 19). Big Cities Reluctant to Target Illegals. USAToday.com. Retrieved August 3, 2011 from: http:/ /www usatoday.com/ news /nation /2006- 06- 19- immigration- enforcement x.htm • Minneapolis, Minnesota (2011). Employee Authority in Immigration Matters. Minneapolis Code of Ordinances, Title II: Administration. Chapter 19. Retrieved August 4, 2011 from: http•/ /library municode com /index aspx ?clientld= 11490 &stateld= 23 &stateName= minnesota • Mucchetti, A.E. (2005). Driving While Brown: A Proposal for Ending Racial Profiling in Emerging Latino Communities. Harvard Latino Law Review, Vol 8, Spring 2005, pp 1 -32. Retrieved August 15, 2011 from: http•/ /www law.harvard.edu/ students /orgs /IIr /vol8 /mucchetti.pdf • National Immigration Law Center (2008). "Laws, Resolutions and Policies Instituted Across the U.S. Limiting Enforcement of Immigration Laws by State and Local Authorities." Retrieved August 9, 2011 from: http://www.ailadownloads.org/advo/NILC- LocalLawsResolutionsAndPoliciesLimitingI mm Enforcement. pd • New York Times Editorial Board (2011, August 14). Editorial. The Widening Dragnet. Retrieved August 31, 2011 from: http://www.nytimes.com/ 2011 /08/15 /opinion /the- widening- dragnet html? r =1& scp= 2& sq= /a22secure %20communities %22 &st =cse • - -- (2011, June 7). Resistance Grows. Retrieved August 31, 2011 from: http://www.nytimes.com/2011/06/08/opinion/08wed1.htmI? r= 2 &emc= tnt &tntemail0 =v • Preston, J. and Wheaton, S. (2011, August 25). Meant to Ease Fears of Deportation Program, Federal Hearings Draw Anger. New York Times. com. Retrieved August 31, 2011 from: http•/ /www nvtimes com/ 2011 /08/26/us/ politics /26immig.html ?scp= 1 &sq= /`22secure %20com munities %22 &st =cse • Rangel, D. (2011, April 8). Illinois Deputies Misreport Hispanics as "White" to Hide Racial Profiling: http•/ /news change.org/ stories /illinois- deputies- misreport- hispanics -as- white -to -hide- racial- profiling • St. Paul, Minnesota (2011). Employee Authority in Immigration Matters. Code of Ordinances. Part III - Administrative Code, Title III - Officers and Employees, Chapter 44. Retrieved August 28, 2011 from: http://search.municode.com/html/10061/level3/PTIIIADCO TITIIIOFEM CH44EMAUIMMA.html • U.S. Department of Immigration and Customs Enforcement (ICE) (2010, May). Memorandum of Agreement Between U.S. Department of Homeland Security Immigration and Customs Enforcement and Iowa Department of Public Safety. Retrieved August 18, 2011: http: / /www.ice.gov /doclib /foia /secure communities -moa/r iowa.pdf 7 1 P a g e 9 7 11 • Wells, K. Iowa Public Radio (2011, August 16) 'Secure Communities' program leaves some immigrant communities fearful of police. Retrieved August 18, 2011 from: http://iowapublicradio.org/news/news story.php ?story =2953 . • WGN News (2011). Study suggests racial mislabeling skews McHenry County sheriff data: Tribune analysis suggests sheriff's deputies underreported Hispanics in traffic stops: http• / /www wgnradio com/ news / top /ct- met- mchenry- profiling- 20110326 0 3270084,full.story 8 1Page 9.7_.31_ Appendices • Appendix A: "We Are Iowa City /Somos Iowa City' Community Survey and Findings • Appendix B: "Employee Authority in Immigration Matters," Minneapolis, Code of Ordinances, 2011 • Appendix C: "City Services and Required Identification" • Appendix D: Immigration Policy Center's Secure Communities Fact Sheet 91Page_ 9 .7:11 I l s CITY OF 1OV%A CITY 410 East lVashington Street Iowa City. Iona 52240 -1826 May 2011 We Are Iowa City: Immigrant Stories Project The City of Iowa City Human Rights Commission is committed to supporting the City of Iowa City in being a welcoming community to people of all nationalities, regardless of immigration status. To best advise the City Council regarding what, if anything needs to be done to build greater inclusion and safety for immigrants living in Iowa City, we have developed the attached survey to gather the stories —both positive and negative —of the local community, and we hope you will participate! Your stories are important! To participate in this important project, please go to the City of Iowa City Human Rights Commission website (www.ic og v.org_/humanrights) and complete the online survey, or circulate the attached survey to immigrants in our community and others whom you think might have information that would be useful for this project. We hope to have stories collected by June 6, 2011 to share the themes and recommendations with the City Council over the summer. Please complete the survey and return it to the City of Iowa City Human Rights Commission by dropping it off, mailing it, or emailing the survey to: City of Iowa City Human Rights Commission 410 E. Washington Street Iowa City, IA 52240 -1826 Or via email: humanrights(a,iowa- citLorg Please note that anything submitted either by mail or email is available to the public as a "public record ", including your email account if you send it via email. Therefore, please do not include your name on the survey, unless you would like it known. Please complete and return the following questionnaire by June 6, 2011. Thank you on behalf of the City of Iowa City Human Rights Commission for sharing your stories and for all you do to help make Iowa City a welcoming and diverse community. If you have any questions or concerns, please contact the Commission at humanrights&a,iowa- city.org or by phone at 356 -5022, 356 -5015, or 356 -5493 (TDD). Sincerely, City of Iowa City Human Rights Commission Dianne Day (Chair), Wangui Gathua, Martha Lubaroff, Howard Cowen, Connie Goeb, Harry Olmstead, David B. Brown, Diane Finnerty, Orville Townsend, Sr. About the City of Iowa City Human Rights Commission The City of Iowa City Human Rights Commission was established in 1963 as the Iowa City Human Relations Commission. Nine residents of Iowa City, appointed by the City Council for three year terms, serve on the Commission. The duties of the Commission include: disseminating information, educating the public on illegal discrimination and civil rights, and providing the enforcement necessary to further the goals of the Human Rights Ordinance; cooperating... with other agencies or organizations, both public and private, whose purposes are not inconsistent with those of the Human Rights Ordinance; coordinating programs designed to eliminate racial, religious, cultural and other intergroup tensions; and educating the public on illegal discrimination. 5.6.11 + r � Immigrant Stories Project Survey ►'.,��ii A' The City of Iowa City Human Rights Commission is interested in supporting the City of Iowa City in being a more inclusive community for all of our neighbors, regardless of nationality, immigration status and citizenship. To help us do our job, we are asking for CITY OF 1OVVA CITY stories about the experiences of immigrants — documented and undocumented — in the 41 o East Washington Street community. We welcome stories from immigrants and also from people who know Iowa City, Iowa 52240 -1826 immigrants well as family, friends, and members of faith communities. Please submit your responses by completing the online survey at www.icgov.org /humanrights, or complete and return this questionnaire by mail or email at the addresses on the last page. Please note that anything submitted either by mail or email is available to the public as a "public record," including your email account if you send it via email. Therefore, please do not include your name on the survey, unless you would like it associated with your response. Please complete and return the following questionnaire by June 6, 2011. Your stories are important! What are the best things about living in Iowa City as an immigrant (youth and adult)? What are the worst things about living in Iowa City as an immigrant (youth and adult)? What recommendations would you make to the Iowa City Council for ways to create a more inclusive, safe, and just community for immigrants, including for people who are undocumented? The story /stories I shared are from something: ❑ I have experienced myself as an immigrant. My country of origin is: ❑ I have heard from others. Their primary country/countries of origin are: f: z fiery �, Fair Bad fiery mod. How would you rate the experience of immigrants (youth and adults) living in Iowa 0 0 0 0 City? How would you rate the experience of undocumented immigrants (youth and adults) living in Iowa City, if different than above? 5.6.11 City of Iowa City Services City Attorney's Office City Clerk (e.g., deeds, contracts, ordinances) City Council City Manager's Office Finance Department (e.g., pay water bill, parking ticket, purchase bus pass, garbage stickers) Fire Department Housing & Inspection Services Housing Authority Human Rights Commission /Civil Rights Parks and Recreation Services Planning and Community Development Police Department — Iowa City Public Library — Iowa City Public Transportation — Iowa City Buses Public Transportation — SEATS (Paratransit) Public Works (e.g., garbage & recycling, landfill, water, streets) Senior Center - Iowa City /Johnson County Other: 0-0 M I MMM NNUM womm �mmom MMMM MMMM MOWN 10MMM OMMM mmmm MMMM MIMN mmmm 10MMM womm offlow W, MW 5.6.11 Do you have specific stories about immigrants' experiences with any of the services provided by the City of Iowa City? Do you have any other comments you would like to share? Thank you for sharing your story! Please return completed surveys by June 6, 2011. You can complete and return the survey: 1) Online at www.icgov.org /humanrights, or 2) By mail to: City of Iowa City Human Rights Commission 410 E. Washington Street Iowa City, IA 52240 -1826 Phone: 319.356.5022 (voice); 319.356.5493 (TDD), or 3) Email: humanrights a- 0owa- city.org 5.6.11 j � 1 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 May 2011 ;Somos Iowa City! El Proyeeto Sobre las Historias de los Inmigrantes El Municipio de Iowa City, de parte de la Comisi6n de Derechos Humanos, quiere afirmar que Somos una comunidad de bienvenida a todos inmigrantes, no obstante su nacionalidad ni estado migratorio. Por eso, hicimos una encuesta para conseguir la informaci6n que puede facilitar al Consejo del Municipio de Iowa City crear un ambiente con mejor seguridad a incluir a los inmigrantes mas en la comunidad. Queremos conocer las historian y experiencias de usted —tanto las positivas como las negativas —de vivir en la comunidad de Iowa City. iEsperamos que participe usted en este proyecto! Nos importan sus historian! Por eso, le pedimos que nos facilite este proyecto por el acto de Ilenar una encuesta al website de www is og v.org/humanrights, asi que puede llenar la encuesta por el Internet o, si sea mas facil para usted, llenar la encuesta que esta incluida con esta carta. Esperamos que participe en este proyecto tan importante, y que comparta con sus amigos nuestra encuesta. Nos gustaria recibir las historias por el 6 de junio de 2011, para que podamos discutir los resultados con el Consejo del Municipio de Iowa City y luego ofrecer nuestras recomendaciones. Favor de regresar la encuesta llenada a: City of Iowa City Human Rights Commission 410 E. Washington Street Iowa City, IA 52240 -1826 o por correo electr6nico a hum and ghts ct iowa-ci1y. or;? Favor de no incluir su nombre en la encuesta ni su direcci6n del correo electr6nico A quiere mantener su privacidad. Toda la informaci6n colectada sera parte del registro pfiblico. La Comisi6n de Derechos Humanos le agradezco a usted por tomar el tiempo de compartir la informaci6n Sobre sus experien- cias como inmigrantes viviendo en Iowa City. Su participaci6n es un acto generoso y nos va a ayudar crear una comunidad mas inclusiva y abierta para la poblaci6n diversa de Iowa City. Si tiene cualquier pregunta o preocupaci6n, favor de ponerse en contacto con la Comisi6n en humanrights9iowa- cfty.or o por te16fono en 356 -5022, 356 -5015, o 356 -5493 (TDD) Atentamente, La Comisi6n de Derechos Humanos del Municipio de Iowa City Dianne Day (Chair), Wangui Gathua, Martha Lubaroff, Howard Cowen, Connie Goeb, Harry Olmstead, David B. Brown, Diane Finnerty, Orville Townsend Sr. Establecida en el ano 1963, la Comisi6n de Derechos Humanos del Municipio de Iowa City fue originalmente nombrada como la Concision de Relaciones Humanas. Constaba en nueve residentes de Iowa City los cuales tenian la responsabilidad de educar al publico Sobre la discrimination ilegal, los derechos civiles y la responsabilidad de proveer, cuando fuera necesario, la manera de hater cumplir las ordenanzas de derechos hunianos. Ademds de eso, el proposito de la comision fue asegurar la cooperation de varias agencias ptiblicas y privadas para que se eliminen la discrimination ilegal en cuanto a raza, religion, y cultura. 5.6.11 Encuesta del Proyeeto de Historias Inmigrantes _ I. I i ..: •:. 4 A la Comisi6n de Derechos Humanos del Municipio de Iowa City le interesa asegurar que la t ,rill l" comunidad de Iowa City sea una comunidad mas inclusiva para todos nuestros vecinos, sin tomar en cuenta su estado migratorio o su ciudadania. Para ayudarnos cumplir nuestra tarea, les pedimos a las personas inmigrantes (documentados tanto como no- documentados) que compartan sus experiencias CITY OF IOWA CITY como inmigrantes viviendo en Iowa City. Estamos dispuestos a recibir las historian personales 410 East Washington strut de usted como inmigrante y tambidn las historias de su familia, de sus amigos y de miembros de Iowa City ", Iowa 52240 -1826 comunidades religiosas. Favor de entregar sus respuestas por el medio online en www.icapy.org/burnanrights o regresar la encuesta escrita por correo o correo electr6nico a la direcci6n que se encuentra en la 61tima pagina. Favor de notar que cualquier informaci6n que se entrega por correo o correo electr6nico sera disponible al registro publico, incluso su cuenta de correo electr6nico A to manda de tal manera. Por eso, le aconsejo que no incluya su nombre en la encuesta a menos que le gustaria tenerlo asociado con su respuesta. Le agradezco a usted que, al terminar la encuesta, nos la regrese por el 6 de junio de 2011. ;Nos importan sus historias: Como inmigrante: Favor de escribir to que mejor le gusta en cuanto a vivir en Iowa City: Favor de escribir to que menos le gusta en cuanto a vivir en Iowa City: ZQu6 le recomienda usted al Consejo de Iowa City para crear una comunidad que sea mas justa, segura a inclusiva (incluso para los inmigrantes sin documentaci6n)? Las historias que comparti consisten en algo que: ❑ He experimentado yo mismo como inmigrante. Mi pais de origen es: ❑ He escuchado de otra gente. Sus paises de origen son: 1 2 3 4 5 6C6mo califica usted la experiencia de ser inmigrante (adultos y j6venes) ® 0 viviendo en Iowa City? (IC6mo califica la experiencia de ser inmigrante sin documentaci6n Q U] (adultos y j6venes) viviendo en Iowa City? 0 1 10 10 Los Servicios de Iowa City Favor de calificar su experiencia como inmigrante (documentado o no- documentado) en cuanto a los siguientes servicios publicos de Iowa City. Pueden incluir sus comentarios sobre las experiencias al final de la encuesta. Positiva Regular Negativa No Tengo Opinion 1 2 3 4 1 2 3 4 Aeropuerto 0 0 Television Cable 0 0 Oficina de Abogado de la Ciudad Oficinista de la Ciudad (contractos, ordenanzas, escrituras) 0 0 Consejo de la Ciudad Q 0 0 Oficina de Gerente de la Ciudad 0 0 Q Departamento de Finanzas ( donde se pagan cuentas de agua, multas de estac- ionamiento, y se compran billetes de camion.) 0 0", U Departamento de Bomberos Servicios de Inspeccion y de Vivienda Autoridad de Vivienda 0 0 Comision de Derechos Humanos/ Civiles Servicios de Recreo y Parques Desarrollo de la Comunidad Y Planeamiento Q Policia de Iowa City Biblioteca Publica de Iowa City Q Transporte Publico de Iowa City —los Camiones Q Q 0 Transporte Publico de Iowa City —SEATS (para - transito) Servicios Publicos (basura, reciclar, agua, calles, tierra) 0 0 0 U Centro de Ancianos —Iowa City / Condado de Johnson 0 0 0 Otro: jiene usted historias especiticas sobre iumigrantes que se relacionan con los servicios de Iowa City? jiene usted cualquier comentario que le gustaria compartir? ;Gracias por entregar sus historias! Favor de regresar la encuesta llenada por el 6 de junio de 2011 Se puede llenar y regresar la encuesta: 1. Online en www.icgov.org/humanEigIlLs o 2. Por correo: Comision de Derechos Humanos de Iowa City 410 E. Washington Street Iowa City, IA 52240 -1826 Teldfono: 319 - 356 -5022 (voz); 319- 356 -5493 (TDD) o 3. Correo Electr6nico: hum anrights ,iowa- citv.org We Are Iowa City /Somos Iowa City" Survey Findings The "We Are Iowa City /Somos Iowa City' survey was developed by the ICHRC Immigration Subcommittee and distributed May - June 2011 in both English and Spanish. The survey contained both open -ended questions and a section asking respondents to rate City of Iowa City Services. The surveys were distributed at a "Know Your Rights /Conozca Sus Oerechos" community event sponsored by Faith communities and Iocal.Latino leaders in May, made accessible on the ICHRC website for several weeks, and distributed to local social service agencies and to local leaders in the immigrant and Faith communities. Responses were offered in both English and Spanish, and the Spanish responses were translated by a UI undergraduate student and reviewed by a local Faith leader. In total, twenty -five (25) completed surveys were returned. While we do not pretend that the survey methodology or the size of the sampling in any way represents valid empirical research, we do believe that the data generated represent useful insight and more input than the City has had to date regarding the experiences of immigrants living in Iowa City. Additionally, multiple anecdotal stories were generously shared by local community groups and individuals with the ICHRC Immigration Subcommittee. We have greatly valued the process of listening to the community and the insight we have gained as a result. ��yyy�;y IIaaf� t, NS7,,,+'ifi �'.,,,, «.. - ' �`..- ....i.... 1. What are the best things about living in Iowa City as an immigrant (youth and adult)? ,� • ' ' -� -'.a 3.,,.n ,�,,, • •;. .. • -:' fir.. 3,!. ... . . .. The most common theme can be represented by this response. "It seems like a good, calm place to raise my children." Several responses (8) noted that Iowa City is "calm," "safe," "secure." Five (5) respondents commented on the kindness of people (e.g., "it has an environment of friendship and very friendly people "), and five (5) comments on the opportunities and resources available to raise a family. Additional comments focused on Iowa City's "diversity" (4), a "great school system" (2), a "welcoming environment ". 2. What are the worst things about living Fear of and discrimination by the police (5 responses) in Iowa City as an immigrant (youth . Difficulty finding housing (5 responses) and adult)? • Lack of language accessible services and discrimination in existing services (4 responses) • Discrimination faced in schools (2 responses) Miscellaneous responses: lots of traffic, lack of public transportation, discrimination in work, none 3. What recommendations would you • More support agencies in the community to help immigrants with make to the Iowa City Council for ways immigration issues (2 responses) to create a more inclusive, safe, and • Office or place where an immigrant can go when they need dependable just community for immigrants, help in their language (2 responses) including for people who are 0 Make Iowa City a "Sanctuary City" (2 responses) undocumented ?" 0 School teachers to be fair and not discriminate and the sheriff and police not to cause as much panic • More community meetings (like "Know your rights" event) to strengthen community • A way for undocumented immigrants to drive legally as long as traffic laws are obeyed • Programs to learn English • Promote diversity through existing venues in the city (e.g., summer art and music festivals) • Support, through funding, mental and dental care for those who are underprivileged and undocumented • Collaborate with UI academic programs to develop outreach opportunities and service projects to communities with greater concentration of immigrants, particularly in the summer. • The IC City Council needs to work closely with community leaders, the University, and Police to avoid religious, ethnic, and racial profiling • Create more language accommodations in the City's main languages • That they would give people at least one change to try and make it here. 33 � 4. The story/stories I shared are from • North America: 7 (Mexico) something I have experienced myself • Central America: 2 (Guatemala, Honduras) as an immigrant. My country of origin . Asia: 1 (Taiwan) is ? Africa: 1(Egypt) • Eurasia: 1 (Russia) 5. The story /stories I shared are from • North America: 7 (Mexico) something I have heard from others. • Central America: 7 (Guatemala, Honduras, Salvador) Their primary country/countries of . Asia: 2 (Taiwan, Vietnam) origin are ? • Africa: 2 (Egypt, Congo) • Eurasia /Europe: 3 (Russia, Austria) 6. How would you rate the experience of immigrants (youth and adults) living in • Average: 3.1 (19 responses) Iowa City? (Rating 1 -5: 1 =Very Good, 2 =Good, 3 =Fair, 4 =Bad, 5 =Very Bad) 7. How would you rate the experience of undocumented immigrants (youth and o Average: 3.8 (17 responses) adults) living in Iowa City, if different than above? (Rating 1 -5: 1 =Very Good, 2 =Good, 3 =Fair, 4 =Bad, 5 =Very Bad) 8. Do you have specific stories about • The Water Dept couldn't help me when I couldn't pay a bill, because I immigrants' experiences with any of don't have a social security card. these services provided by the City of a Just the arrests of people I know and deported. Iowa City? • 1 was recently stopped on my way home leaving Iowa City. I was driving and was asked my name, license, insurance and registration and had nothing on me but I am a U.S. Citizen. The officer immediately asked my husband (passenger) questions after he realized he doesn't speak good English. • 1 know people who are the blameless party in a small car accident who were brought into immigration /deportation proceedings because they didn't have an Iowa Driver's License. The car was registered to them and they were insured. • For those immigrants who are here, there is little legal aid to help people with their status. The few couple of lawyers that might help have outrageous fees. In the 80s, our teenage daughter faced religious and ethnic discrimination, bias, and verbal abuse by a local business... We submitted a formal complaint to the ICHRC which found after its investigation, that there was just cause. It was an educational and positive experience for her and us. Another was a positive encounter with the IC Police in the early 70s when I, as a Greed Card carrier, was robbed at a local store. The officers were very supportive and informative. More recently when we had loud music problems with neighbors, "the police were also on time and professional. 1 had a very poor experience with a housing manager who made racial comments regularly. 9. Do you have any other comments you • How can I get a driver's license if I don't have a social security card? would like to share? • I am very worried because I have a son who needs medication to live ... If they send us back to Mexico, we would not have the opportunity for him to keep taking his medicine as he needs to. • It would be good if IC would become a Sanctuary City. • I would like IC to become a sanctuary city. • Most immigrants are here to work, and support their families and be contributing members of society, but we are pushed aside. • Immigrants (documented or not) are an important part of our community. They pay taxes, sale taxes, car registration, traffic tickets, etc. So it's only fair to consider their needs because we all benefit from them, even if you only look at finances. I credit many passionate and dedicated individuals who had and have been working diligently to support immigrants and promote diversity in Iowa City. I feel welcomed and safe in this community and know I am respected like anyone else as an individual who has something unique to contribute to this community. Their work has inspired me to be as strong an advocate as I can so that I can reciprocate the warmth and kindness I have received from this community. The police department needs some more diversity in its ranks as well as sensitivity and diversity annual training with being more user friendly with persons with English as a second language, as well as the mentally ill. City of Iowa City Services Ratings Rating: 1= Positive; 2= Average; 3= Negative; 4 =No Opinion Print ADMINISTRATION Minneapolis, Minnesota, Code of Ordinances : - CODE OF ORDINANCES Title 2 - CVAPTER 19. - EMPLOYEE AUTHORITY IN IMMIGRATION MATTERS CHAPTER 19. - EMPLOYEE AUTHORITY IN IMMIGRATION MATTERS 19.10. - Purpose and policy staters • General • . lic safety s?,rvices. • Complaints .. • .2o 19.10. - Purpose and policy statement. This chapter clarifies the communication and enforcement relationship between the city and the United States Department of Homeland Security and other federal agencies with respect to the enforcement of civil immigration laws. The city works cooperatively with the Homeland Security, as it does with all state and federal agencies, but the city does not operate its programs for the purpose of enforcing federal immigration laws. The Homeland Security has the legal authority to enforce immigration laws in the United States, in Minnesota and in the city. This chapter ordinance shall be the only regulation within the city on this subject matter, and it shall supersede all conflicting policies, ordinances, rules, procedures and practices. (2003 -Or 092, § 1, 7- 11 -03) 19.20. - General city services. (a) To the extent permitted by law, in determining eligibility for, and providing general city services, city employees shall be governed by the following requirements: (1) City employees are to carry out their regular duties for the purpose of administering general city services and programs. Employees may complete 1 -9 forms, may question a person regarding the 1 -9 form and documents supporting the 1 -9 form, and may allow Homeland Security to audit the 1 -9 forms as allowed by law. Employees shall comply with any properly issued subpoena for the production of documents or witnesses, even if related to immigration issues or issues of the Homeland Security. (2) City employees shall follow general city, state and federal guidelines to assess eligibility for services. City employees shall only solicit immigration information or inquire about immigration status when specifically required to do so by law or program guidelines as a condition of eligibility for the service sought. City employees may require evidence of a person's identity and may ask to see a person's personal identifying documents only when specifically authorized and required to do so by the employee's work duties. City employees shall not discriminate against any current or potential service users on the basis of any of the protected categories listed in the city's civil rights ordinance (139.40), or on the basis of immigration status. (3) Other than complying with lawful subpoenas, city employees and representatives shall not use city resources or personnel solely for the purpose of detecting or apprehending persons whose only violation of law is or may be being undocumented, being out of status, or illegally residing in the United States (collectively "undocumented "). (4) Where presentation of a Minnesota driver's license is customarily accepted as adequate evidence of identity, presentation of a photo identity document issued by the person's nation of origin, such as a driver's license, passport, or matricula consular (consulate - issued document) shall be accepted and shall not subject the person to a higher level of scrutiny or different treatment than if the person had provided a Minnesota driver's license. This paragraph does not apply to 1 -9 forms. (b) General city services defined. General city services shall mean all city services excepting those services specifically listed as public safety services in section 19.30 (c) City attorney's office - civil division employees may investigate and inquire about immigration status when relevant to potential or actual litigation or an administrative proceeding. (2003 -Or -092, § 1, 7- 11 -03) 19.30. - Public safety services. (a) To the extent permitted by law, in providing public safety services, employees of the police and fire departments, and the city attorney's office - criminal division, (collectively, public safety officials), shall be governed by the following requirements: (1) Public safety officials shall not undertake any law enforcement action for the purpose of detecting the presence of undocumented persons, or to verify immigration status, including but not limited to questioning any person or persons about their immigration status. (2) City attorney's office - criminal division employees shall be permitted to: a. Inform persons of the possible immigration consequences of a guilty plea. b. Question and conduct cross - examination of a witness or defendant regarding immigration status. C. Inquire about immigration status for purposes of bail or conditional release. d. Investigate and inquire about immigration status when relevant to the potential or actual prosecution of the case or when immigration status is an element of the crime. e. Take immigration status and collateral effects of possible deportation into consideration during discussions held for the purpose of case resolution. (3) Public safety officials shall not question, arrest or detain any person for violations of federal civil immigration laws except when immigration status is an element of the crime or when enforcing 8 U.S.C. 1324(c). (4) Nothing in this chapter shall prohibit public safety personnel from assisting federal law enforcement officers in the investigation of criminal activity involving individuals present in the United States who may also be in violation of federal civil immigration laws. (b) All such use of city public safety personnel under 19.30(a)(3) and (a)(4) shall be documented, including any applicable Department of Homeland Security mission statement and operational guidelines, the reason for the dispatch of personnel, the name of the homeland security agent in charge, and the name of the officer authorizing the use of city personnel. (2003 - Or -092, § 1, 7- 11 -03) 19.40 - Complaints and discipline. Complaints of a violation of this chapter shall be shall be subject to disciplinary action under the appropriate union contract, civil service commission rules, or department work rules. It shall not be a violation of this chapter to require the completion of 1 -9 forms or to inquire into or disclose the immigration status of the complainant or witnesses if necessary as part of the investigation of a complaint of a violation of this chapter, or if deemed necessary by the appointing authority in order to administer discipline for such violations. (2003 -Or -092, § 1, 7- 11 -03) 19.50. - Subpoena. Nothing in this chapter prohibits city employees from responding to a properly issued subpoena. (2003 -Or -092, § 1, 7- 11 -03) City Services and Identification Department Name: Housing Inspection Service Offered to Public: Housing Inspections. Is identification needed to utilize services? ❑ Yes ❑x No Department Name: Fire Department Service Offered to Public: Emergency and preventive fire protection services. Is identification needed to utilize services? ❑ Yes [X ]No Fill in Other: The Iowa City Fire Department is dedicated to providing our community progressive, high quality emergency and preventive services. Sixty -four full -time firefighters provide public education, code enforcement, fire, medical, technical rescue, and hazardous materials emergency response to approximately 70,000 residents in the 24.4 square -mile incorporated area of Iowa City, including the University of Iowa main campus. Department Name: Iowa City Housing Authority Service Offered to Public: Rental Assistance, Self- Sufficiency Programs, and Homeownership Programs. Is identification needed to utilize services? ❑x Yes ❑No If yes, what type of identification is needed? All of the below and more are required for participation. ❑x Government- issued Identification With Photo (e.g., Valid Passport issued by U.S. or other country, consular ID, U.S. Driver's License, Green Card /Permanent Resident Card, Visa) ❑x Driver's License (U.S.) ❑x Proof of Iowa City Residence (e.g., electric, telephone, or utilities bill with your name and address it) ❑x Work Authorization (e.g., Social Security Number, Work Visa) ❑x Proof of Income (e.g., paycheck stub, IRS Income Tax statement, ITIN) Fill in Other: 3rd party verification of any eligibility criteria (e.g., age, disability, children under r- CD 18). a City Services and Identification Department Name: Airport Service Offered to Public: Flight training, aircraft rental, conference room rental. Is identification needed to utilize services? 0 Yes For Aviation related services* ❑X No For conference room reservations, name /phone number and point of contact is required information but no ID form is necessary. Conference room is open during regular airport business hours (7 -7) unless otherwise reserved. If yes, what type of identification is needed? D Government- issued Identification With Photo (e.g., Valid Passport issued by U.S. or other country, consular ID, U.S. Driver's License, Green Card /Permanent Resident Card, Visa) ❑ Driver's License (U.S.) ❑ Proof of Iowa City Residence (e.g., electric, telephone, or utilities bill with your name and address it) ❑ Work Authorization (e.g., Social Security Number, Work Visa) ❑ Proof of Income (e.g., paycheck stub, IRS Income Tax statement, ITIN) Fill in Other: *Aviation services governed by Federal Aviation Administration and Transportation Security Administration rules. A link regarding the initial documentation to begin flight training is http: / /www.aopa.org /tsa_rule /. To rent aircraft you have to be given a flight review by the rental aircraft company. There are some instruction hours required, therefore an individual is going goes through the verification process. Department Name: City Clerk Service Offered to Public: Receive documents, permitting and licensing, notary service. Is identification needed to utilize services? 0 Yes ❑No If yes, what type of identification is needed? (] Government - issued Identification With Photo (e.g., Valid Passport issued by U.S. or CV other country, consular ID, U.S. Driver's License, Green Card /Permanent Resident co Ct Card, Visa) M' City Services and Identification D Driver's License (U.S.) 0 Proof of Iowa City Residence (e.g., electric, telephone, or utilities bill with your name and address it) <] Work Authorization (e.g., Social Security Number, Work Visa) Proof of Income (e.g., paycheck stub, IRS Income Tax statement, ITIN) Fill in Other: We have "required" various documents depending on the request or document being requested. Typically one of the top two would be all that is necessary. In the absence of those, or depending on the request, other documents may be needed. Department Name: Parks and Recreation Service Offered to Public: Public recreation programs and activities. Is identification needed to utilize services? ❑ Yes ONo Fill in Other: Have low- income discounts for usage. Department Name: Revenue Division Service Offered to Public: Utility billing and collection. Accept payment for other City services as well. Is identification needed to utilize services? ❑ Yes ONo Fill in Other: We do require proof of residency and ID for reduced elderly bus passes. Providing a photo ID or Driver's License is acceptable. Also, acceptable if do not have an ID is a piece of mail with name /address. As far as the birthdate issue, if they do not have an ID but can provide another document that has their birthdate that would be accepted. Department Name: Community Development Division (Planning & Community Development) Service Offered to Public: A variety of programs funded with City, State, HUD CDBG and HUD HOME funds. Is identification needed to utilize services? ❑ Yes XNo If yes, what type of identification is needed? W, a) an CZ CL. City Services and Identification ❑ Government - issued Identification With Photo (e.g., Valid Passport issued by U.S. or other country, consular ID, U.S. Driver's License, Green Card /Permanent Resident Card, Visa) ❑ Driver's License (U.S.) ❑ Proof of Iowa City Residence (e.g., electric, telephone, or utilities bill with your name and address it) ❑ Work Authorization (e.g., Social Security Number, Work Visa) ❑x Proof of Income (e.g., paycheck stub, IRS Income Tax statement, ITIN) Fill in other: Income for each of the programs has to be verified because most funds are from HUD and they have income restriction requirements. For instance, you must make less than 80% of the median income to qualify for Housing Rehabilitation programs, small business assistance requires that the business hires income eligible employees, funds awarded to non- profits for rehabilitating their facilities or for affordable housing require that they prove that income eligible persons are assisted. Department Name: Human Rights Division Service Offered to Public: Investigate complaints alleging discrimination. Is identification needed to utilize services? ❑ Yes (]No Department Name: Cable Television Division Service Offered to Public: Audio /Visual programming produced for City government departments and local non - profit organizations for viewing on local cable channels and on the Internet and for use during public presentations. Programming includes documentary programs, meeting and event coverage, public service announcements, audio /visual presentations and Internet programming sources. Is identification needed to utilize services? Both yes and no. Yes for program production and no for program viewing. Fill in Other: The only identification we would require is proof of non - profit status if we thought it necessary and a personal ID if picking up programs after the fact on disk or thumb drive. an �a a City Services and Identification Department Name: City Manager's Office Is identification needed to utilize services? ❑ Yes 1E No Department Name: Human Resources /Personnel Service Offered to Public: Application for City employment. Is identification needed to utilize services? ❑ Yes ONo No identification is required as part of the application process. Upon hire, employees are required to provide acceptable documentation of identity and authorization for employment in conjunction with completing federal Form 1 -9. Department Name: Iowa City Public Library Is identification needed to utilize services? D Yes ❑No If yes, what type of identification is needed? See below To receive a library card you must show a picture ID (usually "government ", but anything with their name and picture on it is acceptable) and must also show something that has name and address — mail with a recent postmark is acceptable. For children cards are issued with a school ID (they do need parental permission, but we will mail that). Department Name: Iowa City Police Department Service Offered to Public: Law enforcement relating to public safety and security. Crime prevention services, criminal investigations and traffic crash reporting. Is identification needed to utilize services? ❑ Yes ❑x No *Please see asterisk below If yes, what type of identification is needed? ❑ Government - issued Identification With Photo (e.g., Valid Passport issued by U.S. or other country, consular ID, U.S. Driver's License, Green Card /Permanent Resident Card, Visa) LO ❑x *Driver's License (U.S.) May be required if contact is made with the driver of a vehicle. cti, City Services and Identification ❑ Proof of Iowa City Residence (e.g., electric, telephone, or utilities bill with your name and address it) ❑ Work Authorization (e.g., Social Security Number, Work Visa) ❑ Proof of Income (e.g., paycheck stub, IRS Income Tax statement, ITIN) Department Name: City of Iowa City Transportation Services Service Offered to Public: Public Transit and Public Parking. Is identification needed to utilize services? ❑ Yes ONo ------------------------------------------ Department Name: Senior Center Is identification needed to utilize services? ❑ Yes ❑x No If yes, what type of identification is needed? ❑ Government - issued Identification With Photo (e.g., Valid Passport issued by U.S. or other country, consular ID, U.S. Driver's License, Green Card /Permanent Resident Card, Visa) ❑ Driver's License (U.S.) ❑ Proof of Iowa City Residence (e.g., electric, telephone, or utilities bill with your name and address it) ❑ Work Authorization (e.g., Social Security Number, Work Visa) ❑ Proof of Income (e.g., paycheck stub, IRS Income Tax statement, ITIN) Fill in Other: When someone joins our only requirement is that they are over 50 years of age. We do not check their citizenship status. We do not ask for an ID. We do ask for their month and date of birth so we can keep age statistics, but ask for no proof to back up that information. Their place of residence (ie in Iowa City, in the county, out of the county) determines cost of membership; but again we do not ask for proof of this. In addition we have the scholarship program ($10 membership), which has some guidelines and we let people self - select if they believe they qualify; again no proof needed. b,o �c a, IMMIGRATION POLICY CENTER AMERICAN IMMIGRATION COUNCIL SECURE COMMUNITIES A Fact Sheet Updated November 4, 2010 While the implementation by Immigration and Customs Enforcement (ICE) of the state /local partnership agreements known as the 287(g) program has been a source of great controversy, it is far from the only tool ICE uses to engage state and local law enforcement in immigration control. Most notably, the Secure Communities Program, which launched in March 2008, has been held out as a simplified model for state and local cooperation with federal immigration enforcement. This fact sheet lays out the basics of Secure Communities program, how it works, key areas of concern and recommendations on how to improve the program. What is Secure Communities? Secure Communities is a DHS program designed to identify immigrants in U.S. jails who are deportable under immigration law. Under Secure Communities, participating jails submit arrestees' fingerprints not only to criminal databases, but to immigration databases as well; allowing ICE access to information on individuals held in jails. Unlike other ICE -local partnerships, Secure Communities gives ICE a technological, not physical, presence in prisons and jails. No Memoranda of Agreement (MOAs) with local law- enforcement agencies are required, and no local law - enforcement agents are deputized to enforce immigration laws through Secure Communities. As of October 2010, Secure Communities is available in 686 jurisdictions in 33 states. ICE plans to have a Secure Communities presence in every state by 2011, and plans to implement Secure Communities in each of the 3,100 state and local jails across the country by 2013. How does Secure Communities work? When an individual is booked into a jail, his or her fingerprints are checked against the U.S. Visitor and Immigrant Status Indicator Technology Program (US- VISIT), and the Automated Biometric Identification System (IDENT), in addition to the other databases that are generally checked following an arrest. This fingerprint check allows state and local law enforcement and ICE automatically and immediately to search the databases for an individual's criminal and immigration history. If there is a database "hit," meaning that the arrested person is matched to a record indicating an immigration violation, ICE and the local law- enforcement authorities are automatically notified. ICE then evaluates each case to determine the individual's immigration status and take appropriate enforcement action. In most cases, ICE will issue a detainer against the jailed individual. A detainer is a request from ICE to the arresting agency to notify ICE before it releases the noncitizen so that ICE has the opportunity to decide whether the individual should be transferred to federal custody rather than released. ICE reported that as of September 30, 2010, 4.204.862 fingerprint submissions resulted in 343,829 database matches. As a result of Secure Communities, ICE had removed 64,072 persons. 1331 G STREET, NW • WASHINGTON, DC 20005 • TEL: (202) 507 -7500 • FAX: (202) 742 -5619 ",,w- immigratiorlpoliey. org What are the concerns about Secure Communities? Identification and prioritization. ICE claims to base action on an individual hit on the following priority order: • Level 1 offenders: aliens convicted of "aggravated felonies," as defined in section 101(a)(43) of the Immigration and Nationality Act, or two or more crimes each punishable by more than one year, commonly referred to as "felonies." • Level 2 offenders: aliens convicted of any felony or three or more crimes each punishable by less than one year, commonly referred to as "misdemeanors;" and • Level 3 offenders: aliens convicted of crimes punishable by less than one year. ICE has stated that Secure Communities is focused on dangerous "Level I" criminals, but there is concern about whether or not such prioritization is taking place. In Fiscal Year 2010 there were more than 248,000 database hits, compared to 95,000 in FY2009. Fifteen percent of all database matches identified immigrants charged or convicted of a Level 1 offense, and 85% were charged or convicted of a Level 2 or 3 offense. Obstacles to community policing. Unlike the 287(g) program, Secure Communities does not require an MOA between ICE and the local jail, sheriff, or police department. Nonetheless, there are still concerns about local police being seen as immigration agents. If ICE maintains a presence —even a technological presence —in a local jail, the public will likely associate the local law- enforcement agency with immigration enforcement. Unnecessary or Prolonged Detention. The existence of a Secure Community detainer may limit an individual's ability to access a lawyer, fight criminal charges, or get out of jail on bail. Profiling and pretextual arrests. While Secure Communities is a technological identification program through which all persons arrested are fingerprinted and checked against the various databases, there is a concern that police officers working in areas that have Secure Communities in their local jails may have an incentive, or at least the ability, to make arrests based on race or ethnicity, or to make pretextual arrests of persons they suspect to be in violation of immigration laws, in order to have them run through immigration databases once they are jailed. Lack of complaint mechanisms. Given the wide range of concerns about Secure Communities, it is essential that there be a complaint or redress procedure for individuals who believe they have been erroneously identified by DHS databases or who believe a DHS detainer has been issued in error. Currently there is no clear complaint procedure for persons who believe they have been victims of an error. Lack of Oversight and Transparency. Various reports have found that ICE has an uneven track record in terms of supervising its local partnerships. As with other programs, there are concerns about the level of oversight and transparency associated with Secure Communities. Lack of Data. Much more data about Secure Communities and the individuals it identifies is necessary. Without accurate data, it is difficult, if not impossible, to determine how Secure Communities is being implemented or how effective it is. 2 r IP3 CITY OF IOWA C I T Y MEMORANDUM Date: September 8, 2011 To: Tom Markus From: Jann Ream, Code Enforcement Assistant, Housing & Inspection Services Re: 320 E. Burlington St., L & J BBQ Restaurant L & J BBQ Restaurant recently opened (8/11/2011) at 320 E. Burlington Street. The building is owned by 335 LLC (Clark family) and this new restaurant is owned by Jerry and LaVancha Walker. On 8/29/11, LaVancha Walker applied for a liquor license and on the required verified statement, she indicated that the business is open until 2:OOAM on Friday and Saturday nights. When a business is open past midnight and has an alcohol license, its zoning classification is a Drinking Establishment. Drinking Establishments in the CB zones (downtown) are required to be a minimum of 500ft apart so all of the Drinking Establishments downtown are non - conforming uses because of their proximity to each other. A Drinking Establishment loses its non- conforming status if a) the liquor license lapses, is revoked or is discontinued for a period of one year or b) there are changes to the use such that the use no longer meets the definition of a Drinking Establishment. There is also another provision in the non - conforming use section of the zoning code that states a use is deemed "converted" when an existing non - conforming use is terminated and a new use commences and continues for a period of seven consecutive days. The previous business in this location had a liquor license; however, that license was terminated at their request on 8/14/2010. The state cancelled the license and issued a partial refund of their fee since the license was not due to expire until 2/16/2011. This business did stay open until October but without the license to sell alcohol. So this location lost its Drinking Establishment non - conforming status for two reasons: a) the liquor license was discontinued for a period of one year or more and b) a conforming use (restaurant with no liquor license) was established and open for more than seven consecutive days. Once a conforming use is established, it cannot go back to a non - conforming use. What is unfortunate in this case is that the owners of the building were not aware that the previous business had cancelled their liquor license in August of 2010. So when they rented the space to the Walkers, they told the Walkers that they had until October to get their liquor license. What the Clarks and Walkers failed to understand was that by establishing a conforming use for more than seven consecutive days, they lost the non - conforming status. In other words, the year long license lapse was not the only thing that would affect the non- conforming status. When I told the Walkers that the only way the City could issue them an alcohol license was if they closed by midnight, LaVancha asked if there was anything they could do to appeal. They do not meet any of the criteria necessary to get a Variance. I told her that any citizen has to the right to address City Council with their questions, concerns and requests so that is why she was present at the 9/6/2011 council meeting. cc: LaVancha Walker, L &J BBQ Restaurant r =0 -L,-4 CITY OF IOWA CITY 1P4 MEMORANDUM Date: September 7, 2011 To: City Council From: Eleanor M. Dilkes, Re: Absence City Attorney I will attending the IMLA (International Municipal Lawyer's Association) national conference in Chicago from Sunday September 11 through Wednesday September 13 and will be back in the office on Thursday, September 14. First Assistant City Attorney Sarah Holecek will be in charge in my absence. My staff will know how to reach me. cc: Tom Markus Dale Helling Marian Karr Sarah Holecek It -- 4-=:A4 CITY OF IOWA CITY IP5 469111 � MEMORANDUM Date: September 8, 2011 To: Marian Karr, City Clerk -� From: Eleanor M. Dilkes, City Attorney Re: Campaign Contributions — Personal expenditures by candidates (self- funding) Question No. 1: Are personal expenditures by a candidate in furtherance of his /her own campaign "contributions" for purposes of the $100.00 contribution limit found in City Code section 1 -9 -2? Answer No. 1: No. Question No. 2: Are personal expenditures by a candidate in furtherance of his own campaign "contributions" for purposes of the State's campaign finance disclosure and reporting requirements (Chapter 68A of the Iowa Code)? Answer No. 2: Yes, with the exception of payments by a candidate for personal services that are rendered to a candidate. Discussion: The answer to Question No. 1 is compelled by the United States Supreme Court's decision in Buckley v. Valeo, 424 U.S. 1, 54 (1976), which held that limits on personal expenditures by a candidate are unconstitutional. As discussed in more detail in my earlier memo to the City Council dated October 31, 2000, limits on contributions to candidates in municipal elections are justifiable to promote the governmental interest of preventing actual or apparent corruption. See Nixon v. Shrink Missouri Government PAC, 528 U.S. 377 (2000). In Buckley, the Supreme Court reasoned that the governmental interest in preventing corruption did not support a limit on the candidate's expenditure of personal funds, stating: "Indeed, the use of personal funds reduces the candidate's dependence on outside contributions, and thereby counteracts the coercive pressures and attendant risks of abuse to which.... contribution limitations are directed." Buckley, 424 U.S. at 54. 1 arrived at the answer to Question No. 2 after reviewing the definition of "contribution" found at Section 68A.102(10) of the State Code and talking to Megan Tooker, General Counsel and Executive Director of the Iowa Ethics & Campaign Disclosure Board. With the exception noted above, the State views money spent by a candidate (also known as self- funding) as an "in kind" contribution that must be disclosed. Ms. Tooker noted that the failure to disclose self- funding is a common violation. I would encourage any candidate who has questions about self- funding or any other State disclosure requirements to contact Ms. Tooker directly. Please let me know if you have questions. cc: Megan Tooker, Executive Director /Legal Counsel, Iowa Ethics & Campaign Disclosure Tom Markus, City Manager Dale Helling, Assistant City Manager MINUTES PRELIMINARY BOARD OF ADJUSTMENT August 17, 2011 — 5:15 PM CITY HALL, EMMA HARVAT HALL MEMBERS PRESENT: Brock Grenis, Adam Plagge, Caroline Sheerin, Will Jennings, Barbara Eckstein MEMBERS ABSENT: STAFF PRESENT: Sarah Walz, Sarah Holecek, OTHERS PRESENT: Kirk Murray, Wim Murray, Julie Riggert, RR Mount Vernon (name illegible), Annie Pedersen, Lee Eno, Steve Streb, Eldon Prybil, Steve Ballard, Phillip Prybil, Linda Prybil RECOMMENDATIONS TO CITY COUNCIL: None. CALL TO ORDER: The meeting was called to order at 5:15 PM. ROLL CALL: Grenis, Sheerin, Eckstein, Jennings and Plagge were present. A brief opening statement was read by the Chair outlining the role and purpose of the Board and the procedures that would be followed in the meeting. CONSIDERATION OF THE July 13, 2011 MEETING MINUTES: SPECIAL EXCEPTION: EXC11- 00004: Discussion of an application submitted by Kirk and Wim Murray for a special exception to allow a reduction in the rear principal building setback requirement for property located in the Medium - Density Single - Family Residential (RS -8) zone at 1026 Fairchild Street. Board of Adjustment August 17, 2011 Page 2 of 20 Walz noted that she gave a letter to the Board from the neighbors Thomas Fast and Jennifer Carpe of 1118 Fairchild Street and also included new information and photos from the property owner to the north. She noted that she would be going over the memo that was provided to the Board and hoped that it would address any issues that they had from the previous meeting. Walz said that after the last meeting the applicant has inquired why the north property line should be considered the rear property line and what the purpose of the rear yard is. Walz explained in the memo that on a square corner lot the zoning codes states that one of the lot lines opposite the street right -of -way must be designated the rear lot line. There are no guidelines for which property line should be chosen. Walz acknowledged that for this reason the applicant could resubmit her application declaring the west property line as the rear lot line. However, Walz said, for the present application the north property line is designated as the rear. Walz explained that the proposed addition is centered above the existing footprint of the house. The existing footprint will not change. The second floor addition would be 10 feet from the north property line with the first floor structure unchanged at 12 feet. In terms of the west property line the existing structure is five feet from the property line, and the new addition on top would be set back 12 feet. She noted that because it is arbitrary as to which lot is the rear lot line it makes the situation peculiar. Walz stated that the situation is more peculiar because there are two small properties that are nonconforming. The subject property they is set back 39 feet from Center Street, more than twice the minimum setback. Meanwhile, the adjacent property to the north is set closer to Center Street than the minimum setback required. Both properties are set approximately 10 to 12 feet back from the property line that they share. Walz stated that the purpose of the rear set back is to provide private space for each lot for uses or structures that the owner or occupant may not want on the street side of the property line, including accessory structures. Walz summed up stating that in staff s view the application is not contrary to this setback regulations regarding privacy and the physical relationship between buildings for the following reasons; the subject lot is square and reverse corner lot. Also, the surrounding neighborhood is characterized by homes that are set close together at their side lot lines. The subject property currently provides 12 feet of separation at the ground level and that will not change with the new addition. The house is modest in size and would add 143 square feet of living area to the second floor. Both the subject property and the property to the north provide the 10 to 12 feet of separation from their property line with about 20 to 24 feet over all. The applicant has provided an elevation showing their intent to place the windows approximately 5'6" from the floor at the sill height. Walz also noted that these windows would not open to mitigate any concerns of the adjacent neighbor regarding noise. Board of Adjustment August 17, 2011 Page 3 of 20 Sheerin asked for any questions for staff. Kirk and Wim Murray, Iowa City, Iowa, are the applicants/home owners. Wim thanked the Board for having the extra meeting. She stated that the contractor came up with the new window design to address privacy issues. They do not want to make their neighbor unhappy and they plan to live at the house for a long time. Sheerin asked if there were any questions for the applicant. Julie Riggert, Iowa City, Iowa, the occupant and owner of the 509 Center Street. She thanked the Board for the extra meeting and all the effort that was put into it. Riggert stated that the bottom line would be that if you sat on her deck the view is now a wall. Over half of her tree will come down and the tree only has leaves three months of the year and the rest of the time she would be looking at a window and a wall. It will block the sun on the south side corner of the house. She noted that she uses her yard and deck year round and that is one of the reasons she purchased the house. Her yard gets lots of light. Riggert stated that the addition remains a privacy issue. She stated that she has no problems with her neighbors. She is afraid they will not always be her neighbors, and if the house sells it might become a rental. She feels the house is not conducive to a large family. If it does become a rental there would be 19 and 20 year olds up in the window and that could affect the value of her property. Her home is very small so there would be a limited population who could buy her home. There are steep steps so it would not be for the elderly. She feels that the only people that would buy her home would be a single person or a single person with a child and thinks this addition would invade their privacy. Sheerin asked if there were any questions for Riggert. R.R. (name illegible), Mount Vernon, Iowa, is the significant other of Julie Riggert. He noted that in the all towns were required to produce a comprehensive plan and subdivision ordinances to stop what is happening to these non - conforming properties. The original owner of the house split the house off and built a house for his son and daughter -in -law. Now you have two noncomplying houses and the state stepped in and said: enough, this can't happen anymore. The house to the west has had four owners. The applicants' house has 3 bedrooms with 1 on the first floor and 2 upstairs. He feels that if you vote in the addition you are adding to the noncompliance and then it may create more of a problem down the road. Sheerin asked if there are any questions for the speaker. Annie Pedersen, Iowa City, Iowa, is Wim's (applicant's) aunt. She stated she understands the objections and that these homes are older and that perhaps they shouldn't be changed. This is a neighborhood area that is meant to be residential. She thinks that the worry that Riggert shared about the house one day becoming a rental is part of what has invaded the north side and areas to the west of the subject property. Pedersen stated it is good to encourage families to stay in the area and that change is not a bad thing. This is a small addition and doesn't feel that the privacy will be affected any more than what it already is because the houses are already close together. She feels the plan is very Board of Adjustment August 17, 2011 Page 4 of 20 reasonable, very thought out and planned solution to the problem that the Murray family has. Sheerin asked if there are any questions for Pedersen. Lee Eno, Iowa City, Iowa, is the contractor working with the Murrays on the plan. The biggest concern from the last meeting was the privacy issue and the discussion of windows. Eno asked the Board members that were not present at the last meeting if they had any questions concerning his drawings of the windows and the remedy for the privacy issue. Jennings asked for confirmation that in order for a room to be considered a bedroom it has to have a ratio of window to floor space. Walz responded by stating that the window just has to provide egress. Eno confirmed that yes there would be an egress window on the Center Street side. Jennings stated that in the report the steps to mitigate are raising the having a non - opening window and raising the height of the windows without compromising the structural integrity of the wall. Eno stated that five feet six inches is the window height. Sheerin asked about the glass. Eno stated it was a regular, transparent glass. He felt that raising the height to 5'6" would eliminate the need for obscurity. He indicated that 5'6" would be eye level for him. He said that if obscuring the windows were required it would be difficult. Eckstein stated she was one of the absent Board members and feels that the drawings are clear and the proposed change is also clear. Sheerin asked for any further questions. Sheerin asked if there were any other public comments for or against the application. Sheerin closed the public hearing. Eckstein moved to approve EXC11- 00004, a special exception to reduce the rear setback requirement for the principal structure at 1026 Fairchild Street from 20 feet to 10 feet subject to the following conditions: • The setback reduction applies to the proposed addition only; • Substantial compliance with the site plan and elevations as submitted by the contractor; • The north facing window will be at the level of five feet six inches and the window will not open; Seconded by Jennings. Sheerin asked if the Board wished to discuss the motion. Board of Adjustment August 17, 2011 Page 5 of 20 Jennings stated that the cause for conflict or resolution has been shifted a little bit from the previous meeting. Initially it was an issue of privacy as well as infringement on the use of one's property with objections based upon that. What was mentioned today were issues of blocking the sun because of raising the height of the building. Jennings is wondering if this is a new issue. Sheerin responded that this is a new issue from the last meeting. Grenis stated at the previous meeting he felt one of the issues was general standard two: that the exception not be injurious to the use and enjoyment of other property. He felt it was fair to the applicant to have all Board members present to weigh in on the issue and that is why they decided to wait for this meeting. Eckstein stated that when she first read the report in July she was sympathetic to both points of view and the complexity of living in the Goosetown Neighborhood, which she is familiar with having lived there herself. She felt, however, given the conditions that everyone has to work in the neighborhood, she believed it would be inappropriate to deny the Murrays application with the accommodations they had made. The buildings are very close together and that compromises the privacy you would have if you lived in a different neighborhood with a larger lot. However, she stated, she didn't feel that the request to reduce the setback was unreasonable. Plagge stated he agrees with Eckstein that the addition doesn't seem to be out of character with the surrounding neighborhood. He understands the privacy concerns and some can be mitigated by the conditions noted. It was discussed about the shaded windows or texture on the glass to make the windows opaque. Plagge feels that Riggert's point that at some point in the future there may not be a person under five feet living there. He would like to see that point addressed. With an adult living there they would be able to peer out and look onto the Riggerts deck. Sheerin agreed that the applicant has done a lot to mitigate an awkward situation. She would also like to see an opaque glass in to make it as private as possible. Jennings commented as someone that lives on the north side in an area of both rental and owner - occupied properties that houses that are built very close together. He explained the privacy issues with his own house and that of the neighbors next door. Changes in ownership that may happen five to twenty years down the line may infringe in the ownership value in the investment. That being said it is difficult to conjecture the impact of who will move, when or where. What is clear is that the conflict is a family wants to build an addition to the house to enable them to stay at the location and a neighbor is concerned that the addition will infringe upon her privacy. Jennings feels that the applicants are doing everything within their power to mitigate the effect of the addition on the neighbor's privacy issue. Sheerin asked for any further discussion. Sheerin asked the Board for findings of fact. Eckstein outlined the specific standards. The property is a square corner lot that is close to both properties in either direction. The 20 foot rear setback requirement is not possible Board of Adjustment August 17, 2011 Page 6 of 20 at this location. The existing first floor of the house is 12 feet from the property line to the north, and the property is smaller than the typical lot in the zone. There is practical difficulty complying with the setback requirements given the peculiarity of this property and its neighbors and the small lot size. The house was set back deep into the lot so the front setback is much larger than the requirement. That means it has short backyard setback. The logical location for an addition would be above the existing first floor structure which is preferable to extending the first floor. Granting the special exception will not be contrary to the purposes of the setback regulations. Those are to maintain light air separation for fire protection and access for fighting. To provide opportunities from privacy between dwellings to reflect the general building scale in placement of the structures in Iowa City neighborhoods. To promote a reasonable physical relationship between buildings and residences and to provide flexibility to site a building so that it is compatible with other buildings within the vicinity. Staff agrees that the application is not contrary to the purposes of the setback regulations because the lot is square and small and the house is set deep back in the lot and the rear setback is only 12 feet on the first floor and those things cannot be changed. The surrounding neighborhood is characterized by small lots that are densely built. It is not unusual for homes, especially on corners, to have side setbacks of 10 feet or less in any manner of other differences. The house currently provides a 12 foot setback from the north property line. The addition would extend out only two feet beyond the existing north wall of the house. The house will remain modest in size with the addition. Any potential negative affects resulting from the setback exception are mitigated to the extent practical including raising the north facing window to a height of five feet six inches. Making the window not able to open and using a window that is not see - through. The subject building will be located no closer than three feet to a side or rear property line. This proposed addition would be located 10 feet from the rear, north, property line. Sheerin outlined the general standards. The specific proposed exception will not be detrimental to or endanger the public health, safety or general welfare. It will not be injurious to the use and enjoyment of other property in the immediate vicinity or substantially or diminish property values in the neighborhood. It will not impede the normal and orderly development and improvement of the surrounding property for uses in the permitted zone. Due to the square shape of subject lot and its relation to the adjacent property to the north the rear setback functions practically as a side setback. The surrounding neighborhood is characterized by small lots with densely built housing. It is not unusual for homes in this neighborhood to have a side setback of ten feet or less. The property will keep a 10 foot setback from the north property line and a five foot side setback from the west property line. In addition a 10 foot side setback has adequate space for fire separation and firefighting access. Board of Adjustment August 17, 2011 Page 7 of 20 The house is modest in size and the proposed addition will increase the living space by 143 square feet and will be located above the existing first floor of the house. The proposed addition is set back 39 feet from the side street lot line such that the addition will not interfere with the street visibility right of way. The glass in the window facing the north side will be opaque to increase the privacy for the neighboring property. Adequate utilities, access roads, drainage and /or necessary facilities, here all necessary utilities are available at the site. In regards to the ingress or egress setback will not bring this structure any closer to the street and will have no effect on visibility or contribute to congestion. This conforms to all regulations and standards of the zone. In order to secure a permit the applicant must submit a site plan to the building official to show it will conform to other zoning requirements. The Comprehensive Plan does not address this situation directly though it does encourage reinvestment in the Iowa City established neighborhoods. Sheerin asked for an amendment to the motion. Eckstein stated that opaque seems not to be the word to describe the window visibility. She noted that you would want light in the room but not the ability to see through it. Sheerin asked if translucent would be a better word. Eckstein agreed. Walz suggest that the Board makes it subject to staff approval. Eckstein moved to amend the recommendation to say that the window on the north side be such that it allows the passage of light into the room but not visibility out of the room. The final design is subject to staff approval. Jennings seconded motion. A vote was taken and the motion carried 5 -0. Sheerin declared the motion approved, noting that anyone wishing to appeal the decision to a court of record may do so within 30 days after the decision is filed with the City Clerk's Office. EXC11- 00007: Discussion of an application submitted by Streb Construction Co., Inc. for a special exception to allow a concrete manufacturing plant in the General Industrial (I -1) zone on Independence Road, north of 420th Street and south of Liberty Drive. Walz showed the zoning that surrounds the property within city limits. She pointed out the rural areas and stated that those counties are (R -1). The city does not have control over the zoning of county land, but these are areas within the Iowa City growth area. If the areas are rezoned or develop beyond what the county allows the county comes to the City for the recommendation for rezoning. Being within the growth area boundary means Board of Adjustment August 17, 2011 Page 8 of 20 that by 2025 the City foresees the likelihood that this land will be brought into City limits —that it will be served by local utilities, streets, services, etc. Walz showed a large view of the area. The industrial zone begins east of the First Avenue Highway 6 intersection and extends heads east. The industrial area has been there for some decades. There are some (CI -1) zones nearby that may be characterized by outdoor storage or display uses. There is a manufactured housing in an area north of the railroad tracks on the east side of Scott Boulevard with the Village Green neighborhood to the west. Walz pointed out on the comprehensive plan for the City includes a vision for the industrial zone to expand outward to the east. She pointed out where city limits lines are. Walz pointed out on the Southeast District Plan map showing the industrial areas and noting that the plan was passed within the last year and involved two years of extensive public input, including invitations to all surrounding property owners in the county to meet with staff one -on -one. Any and all were invited to attend the public meetings to plan for the district. Walz stated that the reason for industrial zoning in this area because industrial uses typically need two things: flat land and access to rail and or highway. The City views this area as prime industrial land because it has those things. Walz stated that the memo indicated that concrete batch facilities are allowed in two zones. She corrected that the use is actually allowed in three zones: the Heavy Industrial zone (1 -2) allows the use by right; in the intensive commercial (CI -1) and the general commercial (I -1) the use is allowed by special exception. Walz explained that a special exception is different from a variance or re- zoning. Special exceptions are written into the code with specific criteria that attempt to address those externalities that are typically associated with that use. In this case the zoning code states heavy manufacturing uses in the (CI -1) and (I -1) zones are limited to concrete batch mix plants. Concrete batch mix plants must meet the standards with the first being that a proposed use must be located at least 500 feet from any residentially owned property. The property is within the city and it is approximately 2000 feet from the residential areas to the north. The second criteria, is all proposed outdoor storage and work areas must be located and screened adequately to reduce dust and visual impact of the proposed use of surrounding properties. The applicant has provided an updated site plan showing the plant with the screening. The site plan shows that around the perimeter of the site, which is the north half of the lot, S3 evergreen screening is provided. The City staff asked that the screening be of quick growing variety. Behind the row of evergreens the site plan shows a line of fast growing deciduous trees. The City has recommended using poplars. The other suggestion made by the City is that the screening be brought along to the west side of the active use area on the site, between the stormwater facility and the active area of the site. Any areas that are not paved or graveled would be covered in turf grass. Board of Adjustment August 17, 2011 Page 9 of 20 Walz noted that the applicant as indicated that the first 50 feet of the drive will be paved in order to prevent dragging gravel onto the public road. Any parking on the site is also required by code to be paved. The rest of the active work area will be gravel and eventually changed to a paved surface over time. Walz indicated that the board has the authority to require hard surface paving over gravel. In regards to the dust control for the facilities this facility is a wet batch facility which is typically less dusty than dry batch facilities. The particular equipment that is used has a bag house which is an "industrial vacuum cleaner" as described by the DNR. Dust is subject to EPA standards and to establish the facility the applicant would have to get a permit from the DNR to show they are controlling for dust. Walz explained that a concern was raised by a neighbor to the property about calcium carbonate dust. The applicant has indicated in a letter that he does not use that in the process. Walz noted that she checked with Iowa State Extension crop specialist Jim Faucet about the effect of batch facilities on adjacent crop land. Wals said he indicated he is not aware of any issue in regards to these facilities a negative effect on nearby crop land. Faucet also stated in regards to the calcium carbonate is something that is applied to crops. He stated that the facility would have an effect on crops similar to being located next to a heavy used gravel road. The third criteria pertains to traffic circulation and access points. Walz stated that Iowa City has improved 4201h Street specifically for the purpose of serving the expanded industrial zone. This street is a City standard street with turn lanes. The road is meant for the kind of heavy traffic that is put out by an industrial zone. Walz stated that there has been some concern expressed about the height of the towers. This is not an issue that is addressed by criteria for the special exception. The criterion is principally concerned with the active area of this site, the conveyers, the outdoor storage or anything that is dispensing dust and noise. There are other tall structures that are located in the industrial zone. There is the Alpla plant further to the northwest that has large towers directly adjacent to the residential zone. The City plans an area of greater separation between the industrial area and future residential zones. Within the industrial zone, buildings are allowed to be up to 45 feet in height with additional height allowed provided the structure is set back further for each foot of height. Walz summarized that the applicant is seeking approval for a site that is located in the middle of the industrial zone at the far edge of Iowa City —a site that has direct access to the highway along a road that is built specifically for industrial users. City staff recommends approval of the special exception subject to use being located on northern half of the lot and substantial compliance with the site plan submitted with addition of the screening along the western portion of the property and that approval is limited to a wet batch facility. Brenis noted that the mention of additional screening on the west side is not noted in the memo. Walz confirmed that the would need to add this condition to their motion. Board of Adjustment August 17, 2011 Page 10 of 20 Eckstein stated she didn't understand why the Board received a safety data sheet about calcium chloride. She wondered if it was suppose to be calcium carbonate. Walz stated that the applicant just submitted that information and that the Board would need to ask him directly. Plagge asked about the (I -2) zoning if it was the only industrial zoning that would allow this. Walz stated that there was (I -2) zoning on South Riverside Drive, which is a salvage yard that also been granted a special exception. The only other (1 -2) zone is south of Burlington Street between Kirkwood and Benton Street where a portion of the City Carton facility has (1 -2) zoning. In time this zone will go away and the City will no longer zone (I -2) in the center of town. Plagge asked if both areas were already developed. Walz confirmed they were already developed. She also stated that the City does not have a lot of (1 -2) zones because there is not a lot of demand for it and they do not encourage many heavy industrial uses. Sheerin asked for any further questions for staff. Steve Streb, Riverside, Iowa, with Streb Construction stated the City did a good job in the description. He felt like there was some confusion when he talked to Mr. Prybil about calcium chloride that is used in concrete to speed up the curing process. That was the subject of the safety data sheet that Eckstein asked about. Streb stated he was confused by the terminology chloride and the carbonate. The carbonate, which Prybil was concerned with is the dust from the rock piles. Eckstein asked if she understood that the calcium chloride solution is a liquid. Streb confirmed that is correct. Walz clarified that calcium chloride solution may be used at a construction site but not at the batch facility. Calcium carbonate is the dust from the rocks that would be stored at the facility. Streb continued saying that calcium chloride is used to speed up the curing process. In twenty years they have only had to use the solution once. There were time restrictions on when they were able to do the work. Streb explained that you had to mix the solution with the batch right before you use it because otherwise it would harden to quickly which is why they wait to mix until they are at the site. Streb stated that in 1998 they had come to the board with the same idea on a different lot in the industrial zone. The three reasons it was denied were the facility would be the first use to go up in a new industrial park and it might discourage other uses from locating in the park. The second was the potential noise pollution and dust may have a negative impact on near by agricultural and residential uses. The final was that 420th street was not in a condition to handle the high level truck traffic that the plant would generate. Streb noted that 420th Street has been improved recently. He provided pictures of various businesses located near bath plants in the area to demonstrate that businesses do locate next to concrete plants. In the ten plus years since the last Board of Adjustment the technology has gotten so much better by way of controlling the dust from the mixing process. They do follow EPA and DNR regulations and they do site visits. The Board of Adjustment August 17, 2011 Page 11 of 20 equipment has improved with the super suckers that have huge cartridges that collect the dust and the cartridges have to be changed either twice a year or yearly. Streb stated that the potential dust that has a possible negative impact on the nearby agricultural fields and they were not prepared for that concern with the 1998 special exception. He noted that the City has addressed the issue well with the information from the Iowa State Extension office. The dust that is being talked about that affects their crops is what is hauled every fall onto farmland to lower the pH balance of the ground. He is unsure on how this concern could be a negative impact on the agricultural plants. Walz clarified that while the board had denied the special exception in 1998, City staff had recommended approval at the time. Streb stated that Walz had asked him what the maximum height would be. He wasn't sure what height so he did research and picked a height of 53 feet. Walz stated that the screening is designed to minimize views of the active portion of the site, the conveyors, truck activity, and out door storage. Many uses in an industrial zone are allowed to be 45 feet in height and higher. There are certain uses that do not have a height restrictions at all. Streb stated that his point was that the maximum height would be the 53 feet for his facility, but that it may be lower. Sheerin asked if there were any questions. Jennings asked Streb if all the areas in which the dust would occur are or if there were other ways to mitigate the dust besides the super sucker. Walz stated that the applicant could address the equipment and how that handles the dust. The DNR has requirements that would address the dust issue. Streb noted what happens at the other plant that they own in Coralville is that they use a water truck. The DNR and EPA do not allow fugitive dust to leave the site. He discussed other ways that they can elevate the dust it would be to drop heights from conveyors onto stacks. The agro kit that comes in is wet. If there is a dry spell then they use the water truck to help stop the dust and then the screen would be a huge factor in mitigating that dust. Jennings asked if the instillation of the mechanical filtering devise addresses issues within the mixing process. Streb confirmed that was correct and that there are standards that they have to follow. He discussed the process of a dry plant and stated what he is proposing is a wet batch plant. The water and aggregates go into a drum to minimize the dust then it mixes in the drum and then is dumped either into a dump truck or a mixer truck then transported to its site. Grenis asked if Streb had already applied for the air quality permit from the DNR. Streb said they have not yet applied but they are aware of the standards because they do currently have the permit at the Coralville location. Grenis asked if it was correct that they would only be paving a portion of the driveway. Streb said yes there plan is to pave at least the first 50 feet of driveway to elevate any gravel from getting onto the public road, then over they would pave the entire area with leftover mix that comes back on the Board of Adjustment August 17, 2011 Page 12 of 20 trucks. Sheerin asked about how long the process would take to pave the entire area. Streb stated probably three years depending on how well his men calculate their yield. Sheerin opened the issue for public discussion. Eldon Prybil, Iowa City, Iowa, is the owner of farmland next to the proposed location. He noted he is pro Iowa City and they have done much in support of the area. Prybil stated that there was an incorrect statement made by the City from the County extension. Calcium carbonate is a large factor in growing healthy crops as well as lime. These are spread on the ground and not on top of the foliage because that is what kills the plant. Prybil asked the board how the lot line would go on this property that is proposed. Eckstein asked for clarification to Prybil's question. Prybil stated he wanted to know where the lot line would be and if it would touch his lot line. Walz stated that his lot line is shared with the proposed area. Prybil stated that they are in the county and that the lot line is rural Johnson County is different than Iowa City he asked that it be explained. Walz responded that she was not aware of any difference and deferred to Holecek for clarification. Holecek stated that Prybil shares a property line along the eastern boarder with the proposed site. Walz stated that at the time that the applicant submits the site plan they will have to show that the construction of the facility is on their own property. Prybil stated that there would have to be a three foot easement in rural Johnson County. Walz responded stating that if that is a requirement then the applicant would be required to do that. She stated that the applicant would be subject to all easements that exist on his lot as well as any setback requirements from the City. Holecek confirmed that Prybil was correct that in the Johnson County zoning code that you would not be able to build closer than three feet to the adjoining lot line —that would apply to land in the county only. Prybil stated he would like clarification from Walz about the fast growing trees and the other row behind them. Walz stated that City staff suggested that applicant puts a row on the outside of fast growing evergreens that meet the (S3) standard that grow to a height of no less than six feet. Behind the row of evergreens, closer to the facility itself, there is a row of deciduous fast growing trees such as poplar. That way there would be height to catch any additional dust and views of conveyors. Prybil asked if the City would allow this fast growing tree to shade his crops to hinder his yield. Walz stated that it would be allowed. Prybil noted that he would not allow it. Walz continued stating that it would be regarded similar to a warehouse built in that location— anyone in that location would be allowed to build according to the zoning codes. Prybil asked where the row of fast growing trees would be located. Walz stated approximately 10 feet off of the property line and confirmed another row would be about 10 to 20 feet behind the first row. Prybil stated then that the second row would be on his property about 10 feet. Walz corrected Prybil stating that nothing is allowed to be on his property, that it is only allowed on the applicant'sown property. She stated that the applicant would not be approved for a permit if he proposed to put anything on Prybil's property. Walz also noted that anything put on Prybil's property could be removed at his discretion. Board of Adjustment August 17, 2011 Page 13 of 20 Prybil asked if anyone has been to the other sites where concrete plants are located. Walz stated she didn't know if any of the Board members had but she has been to locations. Prybil asked if there was any greenery around those places. Walz stated that most of the plants are in Coralville and they do not have the same standards. Prybil reiterated that he was concerned about his crops. Walz wanted to correct herself if she had misspoken that the Iowa State Extension crop specialist and he did say calcium carbonate is applied to crop land not crops. She asked him specifically the impact such a facility would have on crops. The crop specialist indicated that he was not aware of anything beyond what one would experience on a well traveled gravel road. Holecek clarified when Walz was explaining where the trees would be for the screening it would be 10 feet away from the property line with the next interior screen of trees another step toward the interior. There would be a significant separation between Prybil's property line and the screening of trees. Sheerin asked if there were any other comments. Steve Ballard, Iowa City, Iowa a lawyer representing the Prybil family investments. Steve went over a power point that he created. He showed a picture of the Prybil properties. He addressed the special exceptions requirements. The first is the notion that the property has to be located 500 feet from any residentially zoned property. He doesn't have any objection or contest that it is there. He was glad that the City pointed out that there is property where people are going to be concerned and affected by what the Board decides. The proposal pretty close to the 500 feet from a residential use. He feels the Board will serve everyone well if it considers the people that are on the other side of the property line, especially if the City staff is saying that the City will grow out in that direction in the next 10 to 15 years. Ballard stated that the next requirement is proposed outdoor storage is located and screened adequately to reduce noise, dust and the visual impact. He stated that it is going to be a big facility. The proposal is to use trees as screening for a 53 foot facility. He stated that the City noted that the present zoning if the special exception is permitted would allow a 45 foot facility and with further exception it could be as tall as 53 feet. Ballard stated that there is no natural buffer in that area. He said it will be years before the trees will be adequate enough to screen and even at full maturity the trees will not provide a protective buffer. Ballard said it would be a good idea for the Board to go out and see these other concrete properties to be able to see the heavy traffic. This produces a lot of dust, noise and large piles of aggregate sand. He showed pictures of the Streb Concrete plant that is located out in Coralville pointing out the retaining wall, the lack of vegetative screening, the Board of Adjustment August 17, 2011 Page 14 of 20 conveyors, and the large towers. The plant is located near Lowes on the south of Highway 6. Ballard noted that there is a gravel road that ends somewhere south of the Iowa Interstate Railroad. He pointed out that it is not just straight gravel anymore. There is the concrete matter that is now also apart of the road. Ballard showed a picture of a tower noting there is a regular spray a certain amount of dust that comes out of the tower about every 10 to 15 minutes while in operation. He showed a picture of a bridge that had a large amount of dust that goes down the intake into the stream below. He asked that a video be played. The video would not show up on the screen for all to see. Ballard stated that the video shows the dust in the area. The next requirement is the traffic circulation. The roads in the industrial zone were designed for the (I -1) general industrial use not the heavy industrial use as proposed. Ballard stated the next criterion is that the exception won't be detrimental or endanger public health, safety, comfort or general welfare. He feels that the staff report doesn't address the negative impact that the concrete plant is going to have on the surrounding properties. Plagge asked if he had any studies or evidence that shows decreased crop reduction next to concrete plants. Ballard stated he did not but that someone else would speak to the agricultural aspect. He said he is more concerned with things that the Board decided in 1998 saying the plant wouldn't be good then and he feels it still wouldn't be good now. Ballard noted that the plant will be visible for years; the dust created will have a negative effect on businesses in the industrial park. There was a concern in 1998 if business would locate in the industrial park if the exception was approved then. There are businesses there now and farther to the east there is a proposed growth area that is mostly industrial. He feels there will be that same concern of whether business will locate in the future growth area if there is a concrete plant there. He encourages the Board to go back and look at the 1998 file and staff reports. There is an e -mail in the packet from one of the closest neighbors. The neighbor told Ballard that he felt this would be a disaster for him because he keeps his doors open to accommodate the employees with the fresh air, which would not be possible if there was dust everywhere. Ballard pointed out that the Prybil's have donated land to the City for use as a road to the East of his property that is adjacent to the applicants' property. He showed the Southeast District plan and explained that the purple area is designated as general industrial. Plagge stated that Ballard had stated that the purple area is currently owned by his clients and their concerned about potential development of the crop land and the nature because of this. Ballard clarified that not all of the area in purple is owned by his client but some of it is. They anticipate that at some point their crop land may be developed. That is one of the reasons that they permitted the dedication of the road to facilitate a north south thoroughfare. They are concerned not for the present agricultural use but for the future industrial use. There are some notes from some real - estate agents saying that this will negatively affect property values. Board of Adjustment August 17, 2011 Page 15 of 20 The Southeast District plan talks about encouraging green development. There is public support for encouraging green development in future industrial areas. Ballard states that this application is not encouraging green development. Ballard stated that there has been discussion about how there are some other commercial uses near by the industrial zone as well as in the zone. It seems that for those commercial uses that currently exist or that might locate nearby this would be detrimental for them. The next criterion talks about not impeding normal and orderly development. The Southeast District plan talked about general industrial zone not heavy industrial use. It talked about green development and not batch concrete plants. Ballard summed it up by stating that their view is the plant is going to change the character of the light industrial zone and general industrial zone. That it is inconsistent with the Southeast District plan and that these sorts of uses should be permitted where they are appropriate —in the (1 -2) zone. In 1998 the Board found that the heavy industry might discourage other uses. There are still great portions in this area that are not developed. The Board found that noise and air pollution would have a negative impact on nearby agricultural and residential use. He notes that the staff report says nothing about the impact on agricultural use. Plagge stated that he doesn't see that Ballard has shown any evidence that it is a negative impact on agricultural use. Ballard stated that there will be more representation on the agricultural use by another party that will speak. His final note was that the Board did not find that the trees would effectively screen the area. The Streb family owns a large part of the development of the Scott and Highway 6. The people who might be perspective owners and those that are owners should have the same right as the Streb family in 1998 to be able to sell their property or think about developing their property without having to worry about the concrete batch plant. The Board protected the interest of those people in 1998 and he is asking the Board do the same and deny the special exception. Grenis asked if the plant in Coralville that Ballard showed pictures of if it was a wet batch concrete plant. Ballard stated he did not know if it was. Grenis stated that when he read the Comprehensive Plan reference green development he thought that was more about the types of manufacturing to attract as opposed to business for the industrial park. Ballard stated he thought the reading talked about both. Walz confirms that yes it talks about both. She stated that a large area of industrial property to the east is owned by the City is being developed for potential use by a wind energy company. The City views that this area is an appropriate spot for the batch plant. The eastside of Iowa City is an area that will grow. Concrete will have to get to this area somehow, and placing it the middle of the industrial zone with the screening provisions that the City has outlined would be in keeping with the Comprehensive Plan. Board of Adjustment August 17, 2011 Page 16 of 20 Walz stated that in regards to the roads not being created to sustain a use like this, the City engineers do review the staff report. The City engineers have cleared this type of use on the road. Ballard noted that he had stated that the road was designed for the (I -1) zone not (I -2). That the general industrial zone and the uses that were talked about in 1998 and the uses that are out there today are not the constant stream of truck traffic that you have with a concrete batch plant. Ballard asked for the video to be tried and viewed again. There was no success in getting the video to show up. Sheerin noted that it was time to move on. Walz asked what was being demonstrated in the video. Ballard stated it was to show what it looks like at the plant in Coralville. Walz stated she would pass the video along to the Board and noted that it was a clip of a truck driving along a gravel road. Ballard said the first part is, but where the concrete plant is it is not a gravel road. He wants the Board to be able to see what the plant looked like while operating. Holecek asked if the City staff would be able to use Ballard's jump drive to print out the pictures, slide show, comments for the record. Ballard confirmed. Plagge asked Walz to clarify if there were any homesteads within the 500 feet. Walz stated that there are some just outside the 500 feet. Sheerin asked if there was anyone else that would like to speak. Phillip Prybil, Iowa City, Iowa, stated he feels the Streb family has done a nice job developing a great addition to the City of Iowa City and their industrial park of Scott Boulevard and Highway 6. He stated that the Strebs did choose the zoning for that park. They requested the I -1 zoning from the City and received it. If they had wanted to put a concrete batch plant on it originally they could have heavy industrial zoning. This was an issue brought up in 1998. He was present at that meeting along with 20 other people many of whom spoke at that meeting. The uniform response he has received from those people today is that they believed the use was voted down in 1998. He asked if the situation is really all that different from then. Prybil stated that Walz says it is and the road has improved. However, he believes that the situation on the ground in terms of what is out there and what will be out there is much the same. He feels it is more important that a concrete batch plant be built there today by virtue of the City's plan for the area but noted that there is no natural buffer. Prybil noted that he has a BS in agronomy. Calcium carbonate is nothing more than material that makes soil more basic. This is applied to the ground and additional calcium carbonate flowing off of the gravel road also makes ground more basic. When someone purchases a piece of ground next to a gravel road you have to treat it differently than you treat the rest of a parcel. When calcium carbonate is present in such levels that it makes the ground so basic that it's not productive it becomes an issue. Prybil feels that for someone to say that it can't be an issue or that calcium carbonate won't ever be an issue Board of Adjustment August 17, 2011 Page 17 of 20 is absurd. The extension person's comment saying that it is similar is true it is a function of degrees. Sheerin asked the Board for any questions. Sheerin asked if there was anyone else that would like to speak. Sheerin asked Streb if he would like to respond to any of the items talked about. Streb stated that he understands that the (I -1) zone does allow concrete plants but by special exception only. The other item he found that was spoken about that was not correct was the information the wind energy. He believes the company that is coming into Iowa City is an 85 million dollar venture is a foundry. So he feels that it would be very heavy industrial. Grenis asked if Streb knew if the plant in Coralville was wet batch plant. Streb stated that it is a wet batch plant. Walz stated that it is up to the Board if they wanted to give their decision now but there was a lot of new information presented and they should not feel pressed for time. Holecek stated there are a number of things that could be discussed. Walz stated the Board could view the video before they leave. Sheerin asked if Streb was finished speaking. Streb stated their concrete plant is out in the county, there are no screening requirements and it is on gravel road from Highway 6 all the way to the River products. They are on rented ground so they could be kicked off at any time should that owner decide. There is a farm operation to the east of their plant that has been in production for many years. He referred to the photos he had provided and stated that businesses have located near these plants so to say that property values will diminish or to say that people won't locate next to a concrete batch plant is false. Sheerin asked for their options. Holecek stated that the Board could continue the public hearing or could close the public hearing. There after the board could choose to defer and render the deliberations and decisions at another time. Walz stated there is only one case at the September 14 meeting. She did not want the Board to be pressured for a decision. This would give the Board time to go through all the information; they can view the video at some other time without comment. Holocek stated the most import thing to figure out is if they would need to continue the public hearing or close it. Sheerin asked the Board if they needed to continue. Sheerin stated she would close the public hearing. She asked if they need to make a motion to defer to the next meeting. Holecek confirmed unless they wanted to set up a special meeting in between to render the decision. Sheerin and Walz stated there was time at the next meeting. Walz stated this would be the first item of discussion. Eckstein pointed out that the most important thing was to not view the video because there are all the photographs available and that the video and photographs are from a particular point of view. She feels that it would be better to drive by the areas and view Board of Adjustment August 17, 2011 Page 18 of 20 them in person. Holecek stated that the Board should not go together; they should go on their own and should not even talk about it. Jennings moved to defer the decision on EXC11 -00007 for the special exception for proposed cement batch mix facility located in Lot 35 of Scott Industrial area north of 420'h Street and south of Liberty Drive until the September meeting. Seconded by Eckstein. A vote was taken and the motion carried 5 -0. Walz reminded the Board that in the interest of avoiding ex`parte communication the board should not take any phone calls, from the press or individuals on either side. Walz stated she would not speak to the Board on the matter and that everything needs to be on the public record. Linda Prybil, Iowa City, Iowa, had a procedural question. She stated that her concern is the process of notification of people with interest in the area. The notification was very sparse and not a good way to provide good feelings about the growth of Iowa City and this area. Prybil stated that it bothered her that Walz stated quote "that the three board members in attendance tonight are in favor of the motion" and stating that basically there is no reason to come. Prybil stated that Walz shared this with us and feels it is very inappropriate. She should not know how the board is going to vote beforehand. Walz stated she did not know what Prybil was talking about. Prybil stated that the fact is that Walz should not know how the Board feels before hand. Walz stated she did not know. Plagge stated that he did not think that any one of them had talked with Walz regarding this special exception. Walz stated that the City meets the legal requirement because the notice is published in the paper, they posted the land, and send letters to any property owner within 300 feet. Walz stated that concern was expressed that people didn't have enough forewarning and so the Board gave more time by deferring to this special meeting. Walz stated that she has had no conversation with the Board members and does not know how they feel about the case. She stated that what she did say was in order for the special exception to be approved, with just three members being at the original meeting, all three would have to vote in favor of the exception. Therefore she believed the applicant would be inclined to defer in order to have five members present. She stated she has no idea how the board will vote. Sheerin pointed out that the Board has not even discussed amongst themselves on how they are going to vote. Prybil stated she thinks that that kind of information is a little troubling. Sheerin asked for clarification on the type of information that Prybil was talking about. Prybil stated it was in regards to Walz's comment that three of the Board members were going to vote in Board of Adjustment August 17, 2011 Page 19 of 20 favor. Sheerin stated that Walz did not make that statement. Walz stated that it would be a requirement that all three vote in favor if the special exception were to be approved. L. Prybil continued stating that she spoke with a business person who was very upset about not being informed. This person was very upset when talking with Walz because Walz tried to convince this person why the plant should be built. Prybil feels that if she should be sharing information of both sides or should be impartial. Prybil thinks this is a tricky development and as staff they have to be more careful about how they speak to the public. Walz asked Holecek if they would resend letters if it is deferred. Holecek stated they typically do not. Walz stated that there will be a notice in the paper and the land will remained posted. ADJOURNMENT: Sheerin adjourned the meeting. The meeting was adjourned on a 5 -0 vote. w� �U N W p � p W � U a Z N LL Op p Z W a� OQ m c O E Q ti O O O N N 7 a) O =3 (a m Q d E O -0d O O U) z U p� X � O O � � o (� Q z O CL Q n n z nuwg11 xOOz W Y ti X X X X X 0 X p X X 0X0XX co X X -- X X M X X X X X Q1 M X X X X X N X X X 11 X Wd (0 LO N M T- c) r O T- O � O T- O W a N N N N N I— Xn— 0 �T 0 0 0 T— 0 W C � 4 L U W C W E CD ,( Ca CU U -0 Co Co O Z mom�QU E O -0d O O U) z U p� X � O O � � o (� Q z O CL Q n n z nuwg11 xOOz W Y