HomeMy WebLinkAbout2013-04-09 Bd Comm minutesmrral
4b(1)
MINUTES APPROVED
BOARD OF ADJUSTMENT
FEBRUARY 13, 2013 – 5:15 PM
CITY HALL, EMMA HARVAT HALL
MEMBERS PRESENT: Larry Baker, Brock Grenis, Will Jennings, Becky Soglin
MEMBERS ABSENT: Gene Chrischilles
STAFF PRESENT: Sarah Walz, Sarah Holecek
OTHERS PRESENT: Mark Kennedy, Duane Musser, Kevin Digmann
RECOMMENDATIONS TO CITY COUNCIL:
None.
CALL TO ORDER:
The meeting was called to order at 5:15 PM.
ROLL CALL:
A brief opening statement was read by Grenis outlining the role and purpose of the Board and
the procedures that would be followed in the meeting.
CONSIDERATION OF THE JANUARY 9, 2013 MEETING MINUTES
Baker moved to approve the minutes with some corrections.
Jennings seconded.
A vote was taken and the motion carried 40.
SPECIAL EXCEPTION ITEM
EXC13- 00001: An application submitted by Tom Fresenmeyer for a special exception to allow a
reduction of the required front setback for property located in the Low Density Single - Family
(RS -5) zone at 301 Richards Street.
Walz said one of the specific standards for setback reductions is that the property faces a
peculiar situation. She said this is a triangular lot —such a lot would not be platted under the
current code. She said the house fronts onto two different streets, and when there is more than
one street frontage, a front setback is required along both frontages. She said that in this
instance, because more than half of properties along the block vary significantly from the
required 15 -foot setback standard, that setback averaging applies. In this case the City uses the
Board of Adjustment
February 13, 2013
Page 2 of 7
setback of the nearest property, which in this case is twenty feet. She showed pictures of the
property, the house, and the neighborhood. She stated that garage is 280 sq. feet and about
twenty feet long and noted that one corner of the garage would be about fifteen feet, six inches
from the property line. She said there is not a sidewalk on this portion of Ferson Street due to
some topographical issues further down the street, and there will probably never be a sidewalk
here. Walz said a requirement for garages is to have twenty -five feet of driveway between the
garage entrance and the property line —a requirement that this Board cannot waive. She said,
though, that the property owner has applied for a minor modification. She said staff has placed
the condition upon approval of the special exception that the applicant either meet the twenty -
five feet standard by straightening the drive or secure a minor modification from the Building
Official.
Walz said that because this is a triangular lot that fronts on two streets, the two standards of
practical difficulty and a peculiarity are met. She said that given that the setback is along a street
and not a side property line it meets most of the third standard which is that granting the
exception will not be contrary to the purpose of any of the setback regulations that are described
in the staff report. That is it will not present problems for firefighting and will not impede light or
air or intrude upon the privacy of neighbors. She said given the variation in setbacks and building
placement in the neighborhood, staff did not believe that this modest relaxation of the setback
standard for a small garage would detract in any way from the neighborhood. Walz explained
that the contractor had consulted with the Historic Preservationist on staff to make sure that the
design and materials for the garage met historic standards. She noted that the neighborhood is
eligible for historic designation. Walz said staff is recommending approval for the reduction of the
principal setback from the required twenty to fifteen feet subject to four conditions.
Jennings asked if the term "garage" has specific meaning in terms of structure. Walz explained that
it's considered an accessory structure, but because it is attached to the house it is considered a
part of the principal structure and must therefore meet the principal building setback requirement. If
it were not attached to the house, there would be different setback requirements for it. Jennings
said an accessory structure could cover an array of situations. Walz said part of the reason they
have the twenty -five foot requirement for driveways is that many people do in fact use their
garages for storage, so the City wants to ensure there is adequate space to park a car in the drive
such that it doesn't block a public sidewalk.
Jennings asked what the function of the breezeway is. Walz said its purpose is strictly to attach
the house to the garage. Jennings asked if the breezeway is considered part of the accessory
structure. Walz said the breezeway and garage, because they are attached to the house, and
attached to each other, are all part of the principal structure. Therefore they have to meet all the
setback requirements of the principal structure.
Grenis invited the applicant to speak.
Mark Kennedy, the general contractor for the project, said this is actually phase two of an
extensive remodeling project in which they added on to the home. He said because the owners
have tried very hard to be historically accurate you can't see where an addition was put on.
Grenis opened public hearing.
Grenis closed public hearing.
Board of Adjustment
February 13, 2013
Page 3 of 7
Jennings moved to approve EXC13- 00001, an application for reduction of front principal
building setback from twenty feet to fifteen feet for property located in the Low Density
Single Family (RS -5) zone at 301 Richards Street subject to the following conditions:
1. Substantial compliance with the plan submitted in terms of garage size and
location.
2. The setback reduction is for a single stall garage.
3. The garage will be sided to match the house.
4. The applicant must meet the 25 -foot driveway length requirement or secure a minor
modification for the driveway length from the Building Official.
Baker seconded.
Baker said regarding EXC13 -00001 he concurs with the findings set forth in the staff report of
February 13, 2013, and concludes that the general and specific criteria are satisfied. Unless
amended or opposed by another Board member, he recommends that the Board adopt the
findings of the staff report as Board findings with the approval of this proposal.
Grenis said that what the applicant has done in terms of materials and design is above and
beyond what is required and thus the proposed garage does fit in well with the neighborhood
and will not impede or detract from any development in the vicinity.
A vote was taken and the motion carried 4 -0.
Grenis declared the motion for the special exception approved, noting that anyone wishing to
appeal the decision to a court of record may do so within 30 days after the decision is filed with
the City Clerk's Office.
EXC13- 00002: An application submitted by Hodge Construction for a special exception to allow
a reduction of the required front setback for property located in the Community Commercial
(CC -2) zone and Commercial Office (CO -1) zone at William Street and Muscatine Avenue.
Walz showed the location map for the property. She said this area is part of the Towncrest
Urban Renewal area, with old commercial area containing many medical offices. She said over
the years many of the properties have gone into decline due to neglect. Through the
Comprehensive Planning process for the Southeast District this was identified as an area that
badly needed redevelopment and that significant public input helped to shape the plan for
Towncrest, including input from businesses, property owners, and residential neighbors. She
said the City has established a guiding vision for the area, but the zoning standards are not yet
fully drafted. Walz said anything that is developed in this area currently needs to comply with the
Towncrest design standards and yet there is no code language in place. Therefore the
development is required by law, unless it gets a special exception, to meet with current code
standards.
Walz said staff is recommending the applicant bring the building up to the property line along
the Muscatine Avenue right -of -way, which has enough width to get the recommended wide
sidewalks and all the landscaping in on the public property to accommodate the same look that
every other redeveloped site will eventually have. She said the applicant is asking to go to zero
feet along the Muscatine property line. She said staff recommended that they have a two -foot
Board of Adjustment
February 13, 2013
Page 4 of 7
setback along William Street to accommodate everything that is needed. She said they will be
dedicating an eight foot wide strip that runs the length of the property as street right -of -way to
make William Street uniform in width and also to get the wide sidewalks and landscaping and
some on- street parking.
Walz said the property to the south is currently medical office use. She said the City is in
negotiations with a developer to create elder housing on that site. She said that property for the
time being has been rezoned multi - family. She said any commercial zone that abuts a
residential zone is required to provide a minimum five -foot side setback. She said the applicant
wanted to reduce that to zero, but the maximum reduction the Board may grant is three feet.
She said there is a challenge in the application trying to meet the two opposing standards of the
Towncrest Redevelopment Plan and the Zoning Code. Walz said in addressing the question of
whether granting the special exception will be contrary to the purpose of the setback
regulations, she explained that the Towncrest Plan is set up to reorient all these properties so in
regard to all those standards that speak of the potential for future development, the character of
the neighborhood and the general placement will all change for all of these properties. She said
all the properties along William Street will come into conformance with this special exception,
but it will be some years before some of the more recently developed properties out further
along Muscatine Avenue redevelop. Walz said because this is part of a redevelopment plan the
intent of it is to make the neighborhood more attractive, more user friendly, and to draw more
people into the neighborhood, so staff finds there are no negative externalities associated with
this special exception. Walz said the proposed building is not going to be located any closer
than three feet from side property line. She explained how the new curb cuts and driveways will
make the property safer for vehicle access and pedestrians.
Jennings said it seems like what the Plan is looking to address is the way Towncrest streets
have developed that has allowed them to become more like lanes in a parking lot than streets.
He said this creates more vehicle access, and over time, that creates a very unfriendly
pedestrian or bicycle experience. He said Wade, William and Arthur Streets especially have
become connector streets between Muscatine and residential streets. He said the plan making
this less chaotic and orderly in terms of the flow does improve the area. Jennings asked if all
traffic entering the site must enter on William Street. Walz said it must. She said the driveway
onto Muscatine will be an exit -only drive.
Baker asked what will happen with the underground gas tanks on the site. Walz said that the
site is being cleaned up in preparation for development, but if for some reason the tanks were
not removed, that would preempt the buildings from being developed.
Soglin asked if the Towncrest plan were in place, which of any of the three setbacks would
theapplicant still perhaps be seeking a special exception for. Walz replied that it would be none.
Grenis asked if not for this development, are there other bus pull offs along Muscatine Avenue.
Walz said she did not know.
Jennings said he is sensitive per other discussions the Board has had regarding developments
of areas that are closer to main arterial intersections and whether more curb cuts and more left
turns are being created or reduced. He said this does seem to be establishing a more regulated
flow of traffic in the area. Walz said that is one of the big improvements for Towncrest.
Board of Adjustment
February 13, 2013
Page 5 of 7
Soglin asked if there was a zero setback and someone wanted to install a window air
conditioner would they be allowed to do that. Holecek said they wouldn't be allowed, since they
would be trespassing on the neighbor's property. Walz said this is the type of setback you see
downtown where buildings are set at the property line. She said air conditioners are temporary,
not part of the structure itself. In other cases when property owners have wanted to add a
balcony, they have had to buy the public air rights.
Jennings asked if a specific building plan is being looked at currently. Walz said they are going
through design review and she thinks it has been approved. Jennings asked if the trash
receptacles would be in the rear of the building. Walz said yes, and they would have to show on
their site plan where they are going to locate them.
Grenis invited the applicant to speak.
Duane Musser of MMS Consultants, who prepared the site plan, and Kevin Digmann
representing the applicant, were available to answer any question.
Digmann, said the gas tanks have been removed and the site cleaned up. Baker asked if there
were no impediments to the plans they have now based on a possible future environmental
problem. Digmann said they have two existing users in the Towncrest area who are going to be
buying space, and he said they completed their building plans based on having the building in a
certain location, so this special exception needs to happen.
Grenis opened public hearing.
Grenis closed public hearing.
Baker moved to approve EXC13- 00002, an application submitted by Hodge Construction
to reduce the front and side principal setbacks for property located in the Commercial
Office (CO -1) and Community Commercial (CC -2) zones located at the southeast corner
of Muscatine Avenue and William Street as follows:
1. The principal building setback along Muscatine Avenue is reduced from ten feet to
zero.
2. The principal building setback along William Street is reduced from ten feet to two
feet.
3. The principal building setback along the south property line is reduced from five
feet to three feet.
4. These reductions are subject to substantial compliance with the site plan
submitted.
Jennings seconded the motion.
Grenis said this is such a peculiar circumstance trying to comply with the yet- to -be- determined
zoning code changes. This does a pretty good job addressing those concerns based on the
guidelines for the Towncrest district, which is part of the Comprehensive Plan.
Baker said regarding EXC13 -00002 he concurs with the findings set forth in staff report of
February 13, 2013, and concludes that the general and specific criteria are satisfied. Unless
amended or opposed by another Board member he recommends that the Board adopt the
findings in staff report as Board findings for the approval of this proposal. He said in particular
Board of Adjustment
February 13, 2013
Page 6 of 7
he would like to point out the unique nature of the application dealing with two sets of
regulations and zonings and the Comprehensive Plan and feels that the staff report takes all of
this into account well.
Grenis said he concurred with the findings. Jennings and Soglin said they also concurred.
A vote was taken and the motion carried 4-0.
Grenis declared the motion for the special exception approved, noting that anyone wishing to
appeal the decision to a court of record may do so within 30 days after the decision is filed with
the City Clerk's Office.
OTHER:
The newest member of the Board, Becky Soglin, was welcomed by the other Board members.
BOARD OF ADJUSTMENT INFORMATION:
ADJOURNMENT:
Jennings moved to adjourn.
Baker seconded.
The meeting was adjourned on a 4 -0 vote.
W
U
U) LLI
w Vo
LL! o
Q Z N
LL. < r'
O D N
D Z
W
Q �
m Q
M
X
X
X
X
i
X
N
X
X
X
X
N
N
X
X
X
X
X
i
r
X
X
X
X
X
r
w
w
X
X
X
o
O
O
N
w
X
X
X
X
rn
O
LU
X
X
X
X
n
M
X
X
X
X
X
X
X
X
x
LU
X
X
X
co
N
X
X
;
X
X
M
00
LU
X
X
i
X
`0
N
CL
�
Co
d'
LO
CO
00
W
N
N
N
N
N
N
W
.
-
F-
W
Z
W
W
Z
~
Y
J
O
i
V
vi
J_
J
V
W
m
N
00
J
=
Z
V
Z
Z
fn
a'
J
Z
W
Q
Q
w
=
W
i
Z
m
U
V
7
0
N
N
CO N
X E
W
c c c
ca
CLZ
Q
XOw
O
W
Y
4b(2)
MINUTES APPROVED
HISTORIC PRESERVATION COMMISSION
FEBRUARY 14, 2013
EMMA HARVAT HALL
MEMBERS PRESENT: Kent Ackerson, Esther Baker, Thomas Baldridge, William
Downing, Shannon Gassman, Andrew Litton, Frank Wagner
MEMBERS ABSENT: David McMahon, Pam Michaud, Ginalie Swaim, Dana Thomann
STAFF PRESENT: Chery Peterson, Bob Miklo
OTHERS PRESENT: Thomas McInerney
RECOMMENDATIONS TO COUNCIL: (become effective only after separate Council action)
None.
CALL TO ORDER: Vice Chairperson Litton called the meeting to order at 5:15 p.m.
PUBLIC DISCUSSION OF ANYTHING NOT ON THE AGENDA:
There was none.
CERTIFICATES OF APPROPRIATENESS:
619 Ronalds Street.
Peterson said this project involves replacing built -in gutters and installing the exterior -type
gutters and downspouts. She showed the front of the house, which the owners are getting
ready to paint.
Peterson showed the side and rear elevations. She said the details she had photographs of are
at the southwest corner. Peterson pointed out the wood damage that is being caused by these
gutters that are not really built in but are built up; there is a board that has been roofed over that
creates the trough to catch and direct water to the downspouts. She said these gutters are not
working properly.
Peterson said the downspouts come down through the soffits. She showed the top side looking
down.
Peterson showed the metal roof, which has been coated multiple times but is still failing. She
showed the view from that same corner looking north. Peterson said the proposal is to only
reroof the areas where there are these built up gutters. This is at the edge of the roof, below the
areas of standing seam metal roofing. The standing seam roofing will remain as is. The new
roofing will be flat metal roofing, painted to match.
Peterson said that what would be lost is the built up trough. She also pointed out wood rot and
damage on the west, at the downspout in that corner.
HISTORIC PRESERVATION COMMISSION
FEBRUARY 14, 2013
Page 2 of 5
Peterson said the packet included the proposal for installation of the new metal roofing. She
showed the section drawings of the existing and the proposed. Peterson said the new roofing
would change the profile of the roof edge, but it seems like it is a necessary and acceptable
change. She showed an image of what one typically thinks of as a built -in gutter, and said the
gutters on this house are quite different. She said the guidelines are more specific for the typical
type of built -in gutter.
Peterson said the requirements to keep the existing roof slope and dimensions will be met. She
said that staff is recommending that this application be approved as submitted.
Baldridge said that he is not an expert on this, but he did not think he had ever seen a house
where the gutter was not at the very edge of the roof. Ackerson said that it looks like, from the
detail for proposed installation, that there could be water infiltration at the seam between new
and existing roofing.
Peterson said the contractor will be filling that joint with sealant and then screwing it all together.
Ackerson said that compared to shingles, the overlap seems too short. He said it just struck him
as odd that it would be that way.
Peterson said the report submitted with the application discusses soldering versus using the
sealant and the screws. Peterson said the contractor thinks the sealant and screws will last
longer and be more waterproof than the soldering.
Miklo suggested discussing this with the contractor, and to ask about the flashing and the
underlayment.
Miklo said staff will discuss this with the owner and contractor and let them know about this
concern. Baldridge said the person who proposed this seems to have really studied this in
depth and analyzed all the things that have gone on.
MOTION: Wagner moved to approve a certificate of appropriateness for the application
for 619 Ronalds Street as presented in the application. Ackerson seconded the motion.
The motion carried on a vote of 7 -0 (McMahon, Michaud, Swaim, and Thomann absent).
513 South Summit Street.
Peterson said this project involves the same house that was reviewed for a chimney project last
month. She said this application involves repairs to the carriage house at the back of the house.
Peterson said the plan is to lift the building, put a footing /foundation underneath it and then
replace the interior floor slab and put new doors in the overhead door opening. She showed the
south side and pointed out that it is the same style as the house and has a door on the alley.
Peterson said the owners are proposing two single -style garage doors that would fit into the
existing opening.
Peterson said the application seems acceptable, although staff would like to see the product
information on the doors.
HISTORIC PRESERVATION COMMISSION
FEBRUARY 14, 2013
Page 3 of 5
Thomas McInerney, the architect, said that the current situation is that they are trying to stabilize
and enclose the building, because right now it is a target for critters. He said they are trying to
plug the holes.
McInerney pointed to the photograph that showed the south side where there is a hole in the
wall. He said that above the door on the alley side, the transom is missing. McInerney said he
just wants to get it back to an enclosed structure.
McInerney described the original electrical when it came to the building and the blue - colored
insulators.
McInerney said some of the features match the house itself. He said that even the front door of
the carriage house has the same exact proportions as inside the house with the doors,
windows, transoms, and everything.
McInerney said the carriage house is in terrible structural shape right now, mostly because it
has not had a solid foundation. He said the intent is to first stabilize the structure so that he can
figure out what to do with it and park vehicles.
McInerney said they do not have photographs of the original carriage house, but it was modified
at one point. He said that in its general form, it is pretty much intact. McInerney said the inside
above the stair is all open space. He said it has two skylights, one at each end. McInerney said
they are looking forward to eventually renovating this but need to just stabilize it first so the
building is not further damaged.
Miklo said that the site plan shows part of an additional paved area and asked if that is really
necessary. McInerney said there would be one apartment up there, and the intent is to have
parking for the tenant, eventually. He said he does not yet have a solid plan, because he is still
determining the scope of work.
McInerney said the driveway at this time will not have that extension north of the carriage
house. Miklo said that is the part that is of concern to him. McInerney said the way the parking
occurs is that the two spots inside will go to the people in the house, and then the carriage
house tenant will need somewhere to park, and the north side seems to be appropriate.
McInerney responded that they are not asking for approval of the parking lot right now. He said
it is kind of a month by month project.
Peterson said the report only discusses the new foundation and garage doors. McInerney
confirmed this and said they basically want to enclose the building for now and stabilize it.
MOTION: Gassman moved to approve a certificate of appropriateness for the application
for 513 South Summit Street, as presented in the application, with the following
condition: provide product information for the proposed garage doors, for review and
approval by chair and staff. Wagner seconded the motion. The motion carried on a vote
of 7 -0 (McMahon, Michaud, Swaim and Thomann absent).
Miklo noted for the record that approval did not include the extra paving
HISTORIC PRESERVATION COMMISSION
FEBRUARY 14, 2013
Page 4 of 5
REPORT ON CERTIFICATES ISSUED BY CHAIR AND STAFF.
Peterson said a memorandum is included in the packet. She said the certificates issued by
Chair and staff included a couple of projects for the St. Raphael Orthodox church on College
Street.
CONSIDERATION OF MINUTES FOR JANUARY 10 2013 HISTORIC PRESERVATION
COMMISSION MEETING:
Ackerson asked that the spelling of his name on page three be corrected.
MOTION: Baker moved to approve the minutes of the Historic Preservation
Commission's January 10, 2013 meeting, as amended. Wagner seconded the motion.
The motion carried on a vote of 7 -0 (McMahon. Michaud. Swaim, and Thomann absent).
/_l9aA111VIITif:lak 5
The meeting was adjourned at 5:40 p.m.
Minutes submitted by Anne Schulte
Z
O
U)
U)
O
Z
O
F-
W
N
W
a
U
72
O
F-
U)
z
O
14
O
U
z
O
H
Wo
� N
U P4 c,
O
O��
xwa
D
O
W
w
V N
Z N
D N
Z
W
v
x
x
x
x
x
x
i
X
N
O
O
O
O
O
w
X
x
X
X
X
X
X
x
x
x
i
N
x
X
X
X
x
X
x
x
i
x
T-
X
x
X
X
x
X
0
x
x
x
i
X
x
X
X
w
X
x
w
X
X
X
i
X
CD
V-
x
X
X
0
X
X
X
x
i
O
O
O
o)
X
X
x
x
X
X
0
X
X
0
i
x
o
x
o
x
x
x
o
x
x
x
i
x
N
X
x
X
x
x
X
i
x
ti
V
w
x
x
x
x
i
X
x
x
w
I
x
0
X
X
X
i
0
X
X
i
X
0
N
V-
x
x
x
i
X
X
X
X
x
x
M
X
x
X
i
x
x
X
X
X
N
X
O
O
X
I
X
O
X
X
X
X
M
v
U')
M
M
v
t!)
In
'T
M
X
rn
rn
rn
rn
rn
rn
rn
rn
rn
rn
rn
rn
W
W
N
N
N
N
N
N
N
N
N
N
N
N
co
Cl)
M
M
M
Cl)
M
M
a
z
p
W
0
W
J_
Z
W
J
Z
V
Z
D
a
Z
ZO
W
Q
LL
g
LLj
C9
rn
Q
Z
p
z
CO)
U
Z
z
O
Z
Z
w
p
Z
Q
Z
2
Q
W
=
m
Z
L)_
3
U)
_
m
C7
U
W
w (n U) co
ID o
a.QQZ
II II II II
XOw�
O
}
w
Y
4b(3)
MINUTES APPROVED
HISTORIC PRESERVATION COMMISSION
MARCH 1, 2013
EMMA HARVAT HALL
MEMBERS PRESENT: Kent Ackerson, Esther Baker, Thomas Baldridge, Shannon
Gassman, Andrew Litton, Pam Michaud, Ginalie Swaim, Dana
Thomann, Frank Wagner
MEMBERS ABSENT: William Downing, David McMahon
STAFF PRESENT: Chery Peterson, Bob Miklo
OTHERS PRESENT: John Shaw
RECOMMENDATIONS TO COUNCIL: (become effective only after separate Council action)
None.
CALL TO ORDER: Chairperson Swaim called the meeting to order at 12:15 p.m.
PUBLIC HEARING ON THE DESIGNATION OF 529 SOUTH GILBERT STREET AS AN
HISTORIC LANDMARK:
Peterson showed a site plan of the property on the corner of Gilbert and Prentiss Streets. She
said the building is across the street from the Mansion, with which it has an historic connection.
Peterson referred to a few of the images from the Iowa Site Inventory. She showed a picture of
the building from 1941 and said it really has not changed. Peterson showed a photograph from
1966. She said it was originally a factory building, and that is the type of architecture of the
building.
Peterson showed a photograph of the front door and examples of windows. She showed views
of the first level interior space with the iron columns. Peterson showed the typical, upper -level
studio /apartment spaces as well as the basement.
Peterson said the packet includes the entire site inventory, with the history and description. She
said there is also a memo from Miklo regarding the criteria. Peterson said staff feels this
building meets, at the very least, the A, B, and C criteria for significance. She said she also
feels it meets the E criterion.
Peterson said these correspond to the criteria on the first page of the site inventory where the
property is associated with significant events. She said she also feels the property has
significant architectural characteristics.
Miklo said that if the property is determined to be a landmark by the Commission, reviewed by
the Planning and Zoning Commission and finally approved by the City Council, it will then
require Historic Preservation Commission review and approval of any significant work to the
exterior of the building. He said it will also provide some zoning incentives, in that landmark
properties can seek waivers of certain zoning requirements such as parking through the Board
of Adjustment. Miklo said approval is not a given; the neighbors would be notified and a public
HISTORIC PRESERVATION COMMISSION
March 1, 2013
Page 2 of 5
meeting would be held to review the circumstances of the case. He said that the provision is in
the zoning code specifically to help reuse historic buildings rather than having them removed
and replaced with new structures.
Miklo said they are also going to the Planning and Zoning Commission and the City Council with
an amendment that would allow at -grade floors in commercial zones to be used for residential
purposes. He said that currently, in the commercial zones, one can have residential, provided it
is above the ground floor. Miklo said there is one exception for the downtown zone, where for
historic buildings one can seek a special exception to have the first floor used for non-
commercial uses if the building was originally built and designed for non - commercial uses.
Miklo said that an example of this would be the Carnegie Library. He said the City specifically
adopted that ordinance to allow it to be used for residential purposes, the idea being that in
unique situations such as the Carnegie Library and this building, which was built as a factory,
this additional amendment would allow the Board of Adjustment to allow residential uses at the
sidewalk level to give flexibility to let the building be reused.
Public hearing open.
Shaw said he is the architect for this project. He said the historic preservation tax incentives are
not to be confused with tax increment financing. Shaw said it does not take money from the
local schools or anything else.
Shaw stated that historic preservation tax incentives will be applied both at the federal and state
levels. He said this will allow the applicant to take the amount of qualified rehabilitation costs
from his tax bill each year. Shaw said the applicant can deduct that amount from what is owed
in taxes. He said the limits for federal tax incentives are up to 20% of the qualified rehabilitation
costs. Shaw said that at the state level, the owner can deduct up to 25% of the qualified
rehabilitation costs.
Shaw said that at the federal level it is incremental. He said that once one reaches his tax
liability and if the credit amount is over the tax liability for that particular year, it can be carried
forward to the next year until all the credits on the property are exhausted. Shaw said that on
the state level, one goes up to the limit of tax liability, and then the state actually writes a check
to the owner for the balance.
Baldridge asked if there is a staircase in the building. Shaw said the original staircase was
taken out, and there is a back staircase that is old but is not original. He said there is a metal
stair that goes up to the first floor at the back of the building. Shaw said that staircase would
remain. He said the front staircase was not original. Shaw said this building is about the purest
building one will ever find, because it was a factory, and there was not much in it. He said the
cleanliness of the design is striking.
Shaw said there are two stairways — the first is the back stairway — the exterior stair going up.
He said the other is the front stairway that comes up off Gilbert. He said that four or five existing
windows were closed to put that in, so it obviously was not an original staircase.
Michaud asked if the first floor could now be residential. Shaw said the City determined that
there are two at -grade floors on the building. He said the lower level is the Vine, and that is
commercial and would comply with the requirements currently in code. Shaw said the City
HISTORIC PRESERVATION COMMISSION
March 1, 2013
Page 3 of 5
determined that the Gilbert Street level was also at grade so that there are two at -grade floors
on the building.
Shaw stated that it is his understanding that in the CB -5 zone, the current code does not allow
residential on a ground floor except for the historic preservation exceptions mentioned by Miklo.
Shaw said that this entire area, however, is under flux, and it is the intent of the City to take this
to a form based code. He said that it is his understanding that when the form based code is in
place, residential will be allowed on the ground floor. Miklo said that is accurate.
Swaim asked about criterion E and said the Commission should discuss whether it applies here.
Peterson said she believes E would apply, and adding it to the motion would make this
consistent with the Site Inventory Form.
Shaw asked if those criteria are part of the local ordinance. Peterson confirmed this.
Peterson said that confirming criteria A, B, and C pretty much relates to the site form, which
says that the property is associated with significant events. Miklo said there is some confusion
with the lettering systems of the City versus the Site Inventory Form. He said the City's
standards were the same as the Secretary of the Interior Standards when the City ordinance
was written in 1983. Miklo said the content is generally the same, but the lettering /numbering
system is different.
Peterson said staff is suggesting adding criterion E, because it is part of the City criteria that
acknowledges that the building is architecturally significant.
Thomann said there is a typographical error on page six of the site inventory. She said where
the date reads 1882, she believes it should be 1982. Shaw said they have noted that.
Shaw thanked the Commission members for coming to a special meeting in the middle of the
day.
Michaud asked Shaw if there is any requirement is to add back the windows that were taken out
in the front. Shaw said that part one on the federal level for historic preservation tax incentives
is determination of eligibility. He said that is reviewed by the State Historic Preservation Office
(SHPO) and then sent on to the National Park Service with a recommendation. Shaw said he
has received a letter back from the National Park Service determining that the building is eligible
for the National Register.
Shaw stated that part two involves an evaluation of what the owner proposes to do. He said
that has been approved at the State level. Shaw said that SHPO had comments, and some
fairly minor changes were made. He said the State evaluates these according to the Secretary
of the Interior Standards for the renovation and rehabilitation of historic structures. Shaw said
that has been approved and sent to the National Park Service, but he has not yet received
verification that it has been cleared.
Shaw said that every one of the existing, wood windows is going to be taken out and restored,
refitted, and put back in. He said the windows that are closed up because of the building
constructed to the north will have the historic glass removed to be used to restore any cracked
and broken panes elsewhere on the building. Shaw added that if they have to use any new
HISTORIC PRESERVATION COMMISSION
March 1, 2013
Page 4 of 5
glass, they are going to make that all in one section on the north side of the building that is very
difficult to see.
Michaud asked if the rehabilitation costs of the building have to be 50% or more of the current
value of the building in order to earn the tax incentives. Shaw replied that he did not know but
said it is a moot question, because the costs will be well over 50% of the value of the building.
Michaud asked if there will ultimately be apartments there or something else. Shaw said they
will be apartments. He said the Vine will remain. Shaw stated that on the ground floor off
Gilbert Street and the two levels above that, there will be twelve apartments in total — four on
each level.
MOTION: Wagner moved to approve the designation of 529 South Gilbert Street as an
Iowa City historic landmark based on the criteria for local designation A, B, C, and E.
Ackerson seconded the motion. The motion carried on a vote of 9 -0 (Downing and
McMahon absent).
ADJOURNMENT:
The meeting was adjourned at 12:41 p.m.
Minutes submitted by Anne Schulte
Z
_O
U)
N
O
Z
0
H
W
N
W
a
u
R
O
f-
T)
i
z
0
0
U
z
0
w
M
o �
o
x�a:
D
O
V
W M
W
Z N
Z r,
D N
Z
W
F-
a
M
X
X
X
0
X
X
0
X
X
X
I
X
d
X
X
X
X
X
X
X
N
O
O
O
O
O
W
x
x
x
x
x
x
x
x
x
x
I
0
r
CIF)
X
X
X
X
X
w
X
X
X
0
i
X
N
w
X
X
X
X
X
X
0
X
X
X
I
X
c
X
X
X
0
X
X
0
X
X
X
I
X
r
M
W
W
w
w
Z:
x
X
X
X
x
x
x
I
0
0
0
0
N
X
X
X
X
X
X
x
X
I
X
CD
w
X
0
X
X
X
0
X
X
X
I
X
N
X
X
0
X
X
X
X
0
0
I
X
n
IV
X
X
X
X
I
X
0
X
X
0
I
X
0
LU
x
x
x
I
0
x
x
I
x
N
1
x
x
x
I
x
x
x
x
x
x
M
X
X
X
0
I
X
X
X
X
w
X
M
tt
M
M
tf')
M
LO
as
rn
rn
rn
rn
rn
rn
rn
rn
rn
rn
rn
a)
W W
N
N
N
N
N
N
N
N
N
N
N
N
(~
M
M
CO
M
co
co
M
co
M
M
M
M
cn
z
W
O
=
-i
z
LU
Q
Q
Q
V
Q
Y
a
w
~
=
C
G
z
Q
U.
Q
O
w
w
z
z
O
LU
Z
�
w
z
z
x
Q
m
z
w
Y
Q
V
o
O
Y
Q
O
0
O
J
U)
N
Q
J
OQD
CQ7
L
y �
X E
W N
co U)
O
naaz
n n u u
x0w
O
w
Y
Minutes
Human Rights Commission
January 28, 2013 — 6 P.M.
Emma Harvat Hall
Members Present:
Members Excused:
Staff Present:
Others Present:
4b(4)
APPROVED
Orville Townsend Sr., Jessie Harper, Kim Hanrahan, Dan Tallon,
Joe Coulter, Katie Anthony, Diane Finnerty.
Shams Ghoneim, Harry Olmstead.
Stefanie Bowers
Jeff Cox (Present for discussion on Proposed Revised Justice Center Plan)
This represents only a reasonably accurate transcription of the Human Rights Commission
meeting of January 28, 2013.
Recommendations to Council: None.
Call to Order:
Chair Townsend called the meeting to order at 18:02.
Proposed Diversity Policy of the Board of Education for the Iowa City Community School
District:
Townsend: First agenda item. Proposed diversity policy of the Board of Education for the Iowa
City Community School District. Before commissioners speak, is there is anyone in the public
that would like to address, make remarks on this topic? Okay, if not, why don't we open it up for
discussion from the commissioners, Joe was this something you brought up?
Coulter: Yes. I believe I did. It seemed to me that the underlying issues that led to a lot of
controversy about seen in our packets, you know expression of concerns on part of the
council and others and I am referring to the apparent inadequacies with regard to the schools in
our eastern part of Iowa City, southeastern, that have disproportionate numbers of, at least as
evidenced by the free and subsidized school lunch program, a pretty substantial group of people
with some socioeconomic issues. This also seems to correlate rather strongly related to the racial
and ethnic minority composition of those same neighborhoods and that seemed to me to be a
human rights issue. They, I'm not or wouldn't suggest at this time any particular course of action
or position I would take on any of the pending referenda or other things out there, but it did seem
to me that this commission, given the basis of the issue, and that's the inequities in our school
and possibly our housing and some other things, but that should be something that is, at least, on
our radar screens, in that we should have some discussions about it. If we need additional data, I
think we should seek that out and then, depending on what we could arrive at, some sort of
- 1 -
recommendation, or at least an expression of concern on the part of this committee about the
need to address this issue in our community.
Hanrahan: I would be in 100% support of that statement. I think that it is a human rights issue.
I think until all of our students have equal opportunities to education and that education is,
matches the highest level that the students are offered in our community, I think it is
Townsend: Other comments? Okay. I agree, there are inequities within the district that should
be addressed. I guess, my concernjs that it is so broad. You know, there are a lot of things
going and it is very broad. Do we deal with everything or, you know, do we deal with specifics,
or do we deal with, you know, any individual in the district who feels that they are being treated
unfairly can basically, you know, file a complaint with the Human Rights Commission. So, what
vehicle do we use to address this, I guess, is my question.
Coulter: One possible course of action for this committee might be to stress the need for the
school district, the city, this commission and the people of Iowa City to address this and develop
a stronger, more credible plan to address this. After we, the others involved in the decision
making have gotten all the information that they need. I was, this reflects some of my own
ignorance. I was not aware really of the existence of one of our high schools in Iowa City. I
thought we had three high schools, City, West and Regina. But we have Elizabeth Tate High
School. I went to that website, I could not find anything out about it. Most of the links are
nonfunctional. I don't know how many students there are, I don't know what the purpose of it is.
It's a mystery to me. I do know where it's located. It's located right where we are talking about
and Mr. Harper, I think alertly noticed that there may be some issues there. But it's hard for me
to understand to address the problem that doesn't take into consideration the schools that are
involved. Nowhere in the plan are there any specifics about where and what would be done. I
am rather disappointed that the plan uses language and redefines minorities as people of low
socioeconomic status and uses not in the context that I am ordinarily, for most of us I think,
consider diversity as racial and ethnic diversity. They have redefined that term apparently,
although they don't say this in the policy that they mean by diversity, diversity of socioeconomic
status. Well, and that minority means that those under free or subsidized school lunch program,
i.e., low socioeconomic. That's worrisome, when the meanings of words get changed and when
there is a lack of specifics in details which some of you know about and are concerned about but,
you know, I think there are others who are more knowledgeable about this part of our
community and where some of these problems are than I am.
Townsend: Any comments?
Tallon: I want to know what exact, what exactly you think are the problems and I wrote down
that I heard you say, one is that it doesn't take into account Elizabeth Tate High School, and the
second was redefining of minority.
Coulter: It doesn't take any school into its policy.
Tallon: It doesn't take any specific school?
-2-
Coulter: Nope.
Tallon: Okay. And that minority is socioeconomic diversity. Are there other specifics that you
can think of that are issues?
Coulter: Well, I think there are a lot of questions. I think a lot of them have been raised in
newspaper articles and articles by Matt Hayek and others, not speaking on behalf of the City
Council, but as individuals, that yes I think there is quite a list of things.
Tallon: What do you think they are? Because I want to have like, I think if we are going to have
an opinion as a commission on anything, we should have a list of what we, or anyone, considers
a problem with the policy so we, so we can actually have an opinion about the problems, instead
of talking about the diversity plan.
Coulter: I am a little hesitant as an advisory body, which I take the Human Rights Commission
to be, to try to micromanage another school district or city government . On the other hand, I
think it would not be inappropriate for us to express our concern that an effective and specific
plan be developed to identify the problem and the potential solution and how these will be
measured and monitored so that we know whether or not these problems have been or are being
dealt with.
Hanrahan: And I think just...
Coulter: Rather drilling down and coming up with.
Hanrahan: I have two points, one is the school board has already voted two times and have
voted for this policy. They have one more vote that comes up, so I'm not quite sure we'll be able
to influence any of the, any of what's in the current policy. The other thing that I'd like to always
make clear is, this is policy, it's not implementation. So, once the policy is passed, it will be put
forth to Murley and the Administration to come up with a way that this plan, policy is
implemented.
Coulter: Then I have a question there. Would this policy be adopted if the referendum which is
to go on the 5th is not passed? What happens to the policy? It's not clear to me. Does anybody
know?
Bowers: I think the school board will vote on February 5th, which I believe is the same day as
the vote, so it occurs all on the same day.
Hanrahan: It's two separate.
Coulter: But if the RPS _ the vote, , that's two components, the RPS and the policy. If
that vote is not in the minority vote, what happens to the policy?
Bowers: And that's a question I think that would be forthcoming. I think that it will be
determined sometime after February 5th, in my opinion.
-3-
Townsend: I mentioned earlier that, you know, at this point everything seems to be so broad and
I guess that is what's tying my hands. I would feel more comfortable letting them do what
they're going to do and put something in place and then look at that and see if it is adequate and,
if it's not, then basically take a look at what do we feel is missing and what do we feel needs to
be added adequately address, you know, the needs that they are trying to focus on.
Harper: We kind of know a little bit of what they're trying to, what they're trying to achieve. I
do agree with the idea of offering some, you know, some words of encouragement or saying that
we are concerned about the facts that have not been considered and the numerous things that
have been said at different meetings here, you know, over at City Council. I also agree with at
this point in time they are moving forward and although they are going to implement these
things, I think it is important though as a commission that we express and, you know, make sure
that they are aware, you know, that we are viewing the issue and that we will be, you know, not
making a threat, but you know, making sure that we are staying true to human rights commission
as far as what is going on, because this is a human rights issue here. That would be kind of the
direction I would take with this issue.
Townsend: Would it be possible for you and Joe maybe to get together and put something
together in terms of the concerns that we need to make known so that, we as a commission, can
look at them and basically send a recommendation forward.
Harper: Yes, I would be willing.
Townsend: Joe would you be willing to do this?
Coulter: I mean, I could have something. Jesse and I could sit down after this meeting and have
a statement.
Townsend: I would, you know, kind of leave that to you and Jesse.
Harper: I guess what he's asking is to the commission, when would you, are you trying to say
when would they like to have it or?
Townsend: The vote is February 5th, right. I mean, yeah, so we definitely to get it as quickly as
possible so that, you know, we can, you know, get it together and, you know, send it out.
Harper: Now will this be anonymous or is this going to be specifically like, I mean...
Coulter: No, it should be on behalf of the commission.
Harper: Okay, that's.
Townsend: Basically just want you guys to take a look at what they're, you know, proposing,
and you know, if it is something that you feel that's really good but needs to be added on to it,
stress that. If it is something that you feel, you know, it's not going to adequately address, begin
-4-
to address what's going on, then you know, point that out and make some suggestions as to what
would be a better approach to take, you know, and then get that email, you know, to Stefanie and
myself and we will get it to the rest of the commission to take a look at it and get something
drafted and, you know, get it out. Stefanie was there.
Bowers: There would need to be another meeting for the commission to look over things,
Hanrahan: That's a huge undertaking. Are you suggesting that they look at the policy and edit
the policy to fit kind of what we are hoping?
Coulter: I don't think Jesse and I are thinking that detailed of level. I think our initial deal ought
to reflect the whole of the commission's thoughts. I think we're talking about one sentence or
two at the most.
Harper: Socially.
Coulter: That would be very broad and say that the Human Rights Commission, something
along the line wishes to express its concern and interest in the issue raised in regard to the
income health and housing disparity that has led to this proposal policy, in that we wish to assist
and encourage the city and school district and the community to address the important human
rights issues. That would be it.
Tallon: I have a fear of broadness just as a general rule, because if we send something that's
overly broad to anyone, it's going to, I feel, is going to fall into the background of everything
everyone else has sent and everyone else has said. So I think that we should, if we're going to as
a commission say anything, we should say something to the effect, we as the Iowa City Human
Rights Commission are concerned about and then list several specific things that we think,
maybe we don't have to necessarily suggest how they should be right, but I think that we should
suggest what we feel is wrong and then add another sentence, we encourage you to. Well not
address these, but consider this aspect for whatever specific issue you think is the, and I really
think we should pick three of the most pressing issues that we really, just so we can be effective
as possible. I think if we give a recommendation that specifically targets certain areas and
encourage you to consider something else about those areas that we think would get them along
to the right path; I think that's how we become effective. But if we send a broad statement that
we feel strongly about this and that's it, we aren't going to, we're not going to make them
consider anything new, they're just going to put it in the pile and go on with whatever they feel
they have already chosen to do. So, I think the more specific we can be, the more effective we
are and, I don't really like to not be effective.
Hanrahan: Because I hear what you're saying Joe, but I kind of separate the issues, because that's
almost a city planning issue and I do think at some point it would be great if we came down with
some kind of statement about how we feel about city planning and concentrate on low income
housing and how all of that leads to what the school district is attempting to deal with. But just
in terms of the diversity policy itself, I'm actual support the diversity policy. I think we have
been looking for three years since the last redistricting that the city, school district attempted to
do. We've tried to address some of these issues and I have faith once the implementation
-5-
component is developed, that that would be a time where, with public input, we can tweak and
maybe change some of what we think may not be completely appropriate.
Townsend: I think one of the things you might look at, I thing somebody mentioned earlier that
they redefine diversity and, if that's the case, is the way that they've done it advantageous for the
students or is it disadvantageous and, if it's disadvantageous, then let's point out, you know, the
negative impact it can take and make recommendation. But I would agree with Dan in terms of
having, you know, guys coming up with some specifics that we can submit.
Tallon: From what I can tell, the specifics are and I think that they are actually really good
specifics are, what you said is that they don't take into account specific schools. I think even
more importantly, I think that they definition of minority could be an area that we cited as a
concern and then our encouragement could be consider what the actual diversity is, not just
looking. If concerning socioeconomic status actually diversifies the schools, then I think that is
fine but, if it doesn't, and this goes into the measurements that you were talking about, the
measurements and monitoring that you mentioned, if considering socioeconomic diversity
actually changes the real diversity and equalizes the diversity, then it's a good thing and, if it
doesn't, it doesn't. So that's why I agree with you about looking into the implementation as a
part. Because we are really not going to change what's going to happen. I don't think we're
going to change what's going to happen. I think it's going to happen how they want it to. And if
we want to be effective, then we should make recommendations about its implementation.
Townsend: Another thing that I noticed is, is there is mention of free and reduced lunches, you
know, in terms of part of the guidelines to identify with diversity. I'm sure that the economic,
you know, status of an individual may play into it, but I don't see that as being...
Coulter: That's the way the policy is written, those are not my words...
Townsend: Yeah, but what I'm saying, what I'm saying is, I don't see that as being a very strong
indicator of diversity in terms of, you know, trying to improve the system and eliminate some of
the shortcomings that students are having to deal with you. So, you know, that might be
something that we can mention also.
Finnerty: I would say that I also kind of support having three bullet points in that approach and
if we could use language, maybe something, put the language around racial equity in there. I
think oftentimes, of course, we all know in the community that social class and equity and racial
inequity gets used as proxy for each other and we would want to differentiate and have a bullet
be about that we also encouraged continued focus on racial equity. I think it goes along with the
redefinition of diversity. Thank you for allowing me to participate.
Harper: Would it be, since, you know, as commissioners here and not only as commissioners but
as other people in the community have, are plain confused about this policy. A lot of people just
don't understand, you know, what they are trying to accomplish and, you know, what exactly is
going on. Would it be possible to get it, you know, a sum or you know, an idea of what they're
actually trying to focus on for this policy? Is some of the things they are attempting to hit on. I
mean, they cover some things here, but you know, it's just not...
Coulter: The public statements, they're saying they're waiting for the consultants that they have
out here.
Townsend: Okay.
Coulter: To assess, I think they're looking at the physical infrastructure of the schools
specifically before they come up with any specifics.
Hanrahan: In school capacities?
Coulter: The other thing is the way that plan is written, one way to meet the plan's numerical
goal in terms of percentages, would be, and this has been raised by others, but one way would
just to be shipping the poor kids out across the city, they don't attend their neighborhood schools.
They have to attend schools over . How's that going to go?
Hanrahan: Well, I think a lot of people jump to that, but again that is part of the implementation
and there have been other suggestions about ways to do it without busing and it could potentially
be busing rich kids to the poor neighborhoods. I mean that's also been a point that has come up.
Coulter: Oh, that'll.
Hanrahan: Because they have, well, I'm just saying that these things have been thrown around in
public.
Coulter: Yeah, you could have magnet schools and all of that, but there are no specifics in the
present proposal and there is no guarantee or promises made.
Hanrahan: Right. And I think again that is implementation.
Harper: So it sounds like we're in a position where until they decide to do this, we don't know
what they're going to do, or know what will happen, which seems problematic. So I mean in our
bulletins, you know, would we suggest that a fair something to say or voice that, you know, it's
come to the point until where until this is implemented, no one knows what the outcome will be?
Townsend: I think we've got two possibilities. The first possibility is, you know, we can look at
what they're proposing and then like we've ask you and Joe to put something together so that we
can send that. Then that's basically, you know, offering the cement before it's poured. But the
other possibility is once they get this together, then we've got specifics. We can look at that and
then, you know, come to what we agree with or what we think needs improved and then we can
make recommendations on all those, so we've got two places, you know, make
recommendations.
Tallon: And of the two, I think the only place that we have any chance to be effective is in the
implementation because I think they've already decided that they're going to do this that should
be our goal. Our goal should be to make this one of our recurring agenda items that we have a
-7-
discussion with and act when we see fit and, if not, if it's going well, I don't necessarily think that
the socioeconomic status of equal, that might achieve their goal. They might have already
looked into it and thought, if we do this, this will achieve our goal. If that's what they, and that's
a good goal, then I don't see a problem with it. I just think monitoring the implementation and
making recommendations this is where we're effective.
Finnerty: Do we know, I don't even know if this is even possible and I'm not as learned on this
as I need to be, but the implementation team, is there any usefulness in us requesting to have
representative on that implementation team? I also don't remember what the actual outcome is,
is it educational equity or just diversity?
Coulter: Socioeconomic.
Finnerty: Right. But the educational outcomes of those students.
Coulter: There's nothing in the plan about that.
Tallon: It states that the policy is for greater diversity and enhanced learning that will be the
result of following the diversity policy.
Finnerty: So how enhanced learning is defined I think is an interesting question. Around
graduation rates, you know retention rates, participation in AP classes rates. You know, all those
kind of indicators. So I would push on the learning outcomes thing too. Because, as we know,
diversity just means diversity. It doesn't mean improved educational outcomes. But my first
point was, the implementation team.
Hanrahan: As I understand it, it will be a process. I don't know if they're going to develop a
team or Murley will just handle that and then come back to the board, you know, with a proposal
and then it will be revised based on school board discussions.
Coulter: If the vote is negative, and they don't establish this new RPS, the whole thing is out.
Okay? Or potentially, I don't know. It's not clear what the outcome would be if the vote is
against the RPS and policy.
Finnerty: If the commission goes the route of writing that letter, we do have some data from that
racial equity report that we're working on that looks at things like suspension rate, AP
participation rate, participation in both, we don't have the behavioral rooms, learning and
disability rooms. So we've got all those kind of indicators that we could throw a couple of those
in too, to say we are also troubled by the educational outcomes for certain groups of students, or
something like that. I don't know, but we could throw some of those in.
Coulter: No, there is data there.
Harper: Also when we talk about the implementation team or it's implementation, one of things
that I think about, what's going to happen, you know, the children that are not necessarily from
these areas or that teachers are not necessarily ready or able to handle that. What will happen to
that and is this something that we could possibly bring up or are these thoughts more like a
personal thing on my behalf and maybe should not be addressed or, I'm just curious, at the
commission level. Because those are some things that I think about when I'm in that specific
situation. You know, like some of the kids that I work with when I'm over at this side, if they're
there and they don't have FRC or the counseling or behavior intervention, you know, what will
happen? Will those kids just automatically be sent home? And then kind of boosts up the hike
of kids not being in school, which then goes to the educational piece. You know, like those are
all questions that I, you know, again, those are deeper in the policy but I just don't see them
being addressed.
Townsend: But I think that's, you know, you are knowledgeable of the system. You know, you
have access to the system, so I think maybe a way to approach that is to look at what they are
proposing and look at each part of it and see where your concerns would fit in and whether or not
it adequately addressed your concerns.
Coulter: The policy does not go into that.
Townsend: Okay, but what I'm saying is to look at it and if it doesn't address your concerns, then
that could be pointed out and make a recommendation that, you know, make changes that will
bring it more in line. You know, I've looked at the policy and, you know, they seem to deal with
everything with numbers, with percentages, you know, that concerns me. You know, it's sort of
like, I saw a lot of percentages but I didn't see any specifics addressing issues that our students
are dealing with and then giving indications what they intend to do with it. So, that kind of
bothered me, but that is pretty typical of, you know, academia.
Bowers: Before, you begin, Jessie will you define the FRC?
Harper: Family Resource Center.
Tallon: So I also think what Diane and Joe mentioned about the, what do we mean by enhanced
learning and how to monitor the outcomes are two important issues that should probably be
included. Because if the goal is just to diversify, like you just said, what does that mean for the
schools? Does that mean better learning? Higher graduation rates? So I think that should be
one of our concerns that we list down.
Coulter: That's not the way they define diversity in their policy.
Townsend: And then, you know, if we feel it needs to be defined differently, now is the time to
point it out. You know, so, in order to tie this up, we've got Jesse and Joe, going to put together
for the commission. Diane would you like to be a part of that.
Finnerty: I would love to be a part of that.
Townsend: Okay.
Finnerty: Even if it's email communication.
Townsend: So why don't the three of you basically start communicating, putting something
together. Also, we're on the clock. So the meeting is when, February 5th, and we need to have
something in before then, I'm assuming.
Bowers: Well, I mean it matters. I guess prior to this, there was kind of two different things
going on. There was one whether the commission was going to wait until implementation or
whether they were going to try address something ahead of time. So, I guess that needs to be
figured out and then go from there.
Coulter: Can I also ask that Stefanie join our small group in trying to draft this statement by the
commission. I really value her professional expertise in this.
Townsend: We're on the clock. Is there anyway once you come up with something, can we
approve it with what you come up with or do we have to meet again.
Bowers: No, you would have to meet to approve it, yes.
Finnerty: Electronic vote?
Bowers: No, because that's a meeting and the public has to be able to participate in a meeting
and so, if you're doing it over email, that's a problem.
Tallon: Could it be something that the three people draft, sign and send in and then we vote to
approve it at the next regular meeting?
Bowers: No. The three people on the commission could submit materials on behalf of
themselves.
Tallon: That's what I mean ..., ...
Bowers: Okay.
Tallon: Submit on behalf of themselves and then...
Finnerty: As members of the Iowa City Human Rights Commission?
Tallon: So, I don't know if it's worth meeting
Finnerty: The three of us undersigned, members of the Iowa City Human Rights Commission?
Coulter: Right. There's only two ways to do this. If you're going to meet February 5th. One
would be call another meeting, which I'm not sure with the public notification that we could do
that. The other would be to adjourn this for a brief break and let us draft something and bring it
back to...
-10-
Townsend: That seems like it would be hasty and I'm concerned about the quality of what we
would come up with. How do the rest of...
Coulter: That's the only way we're going to have anything out by the 5th.
Finnerty: And I would have to excuse myself from that process because we have a short time
line here. I would be okay with doing it with three members who also happen to be Iowa City
Human Right Commission members.
Tallon: I support the three. I don't know if meeting again would be necessary. I support the
three people who draft it, signing it as themselves as citizens, sending it in and then we could
consider the language and endorse it as a commission after the vote to further encourage the
school district to implement it properly, but I don't think that adjourning will get us anything of
high quality and I don't think meeting again will be worth the time.
Townsend: We have a very tight timeframe, February 5th.
Bowers: It's a Tuesday. A week from tomorrow.
Tallon: I think it will have the same impact as three people from the Commission, who happen
to be Human Rights commissioners as it would be from the duly voted upon.
Bowers: And the next commission meeting just for reference would be the 19th.
Coulter: being on the Human Rights or speaking
Townsend: You could do it as concerned citizen status.
Tallon: I think for what it is going to get us, meeting again just to prove the language of
something that is likely going to have zero influence wouldn't be worth it, where we should
really focus is what Kim is talking about the implementation of it, so.
Hanrahan: I'm sorry Joe, what would you not want to be a part of?
Coulter: The lady suggesting that we submit this as a letter to the editor or something.
Hanrahan: As a private citizen you mean?
Coulter: That's awkward to be a publicly identified member of a commission which should be
discussing this and taking ad hoc action.
Hanarahan: What if you shared with us your proposal and we were all in agreement?
Coulter: That cannot come from the commission unless it is voted on in a formal meeting.
-11-
Townsend: I think we have a situation where our enemy is the clock. The school board is
meeting in February. So it kind of looks like us as opposed to overreacting and doing something
that is going to be not as effective. Seems like maybe we've lost the opportunity to be proactive
and maybe we need to back and focus on seeing what they come up and then basically we, as a
commission, you know, take a look at that then and focus on responding and making
recommendations to specifics.
Hanrahan: _ next meeting we could also discuss some of these same issues and just have it as
policy is implemented these are some of the Human Rights Commission's concerns.
Harper: At this point, you know, I agree with Orville about how the time is really just not
working with us and we do not want to put forth something that is questionable or 100% to our
best of knowledge and capability, so, you know, I would agree, you know, focusing on the
implementation of that diversity policy at this time.
Townsend: When is our next meeting?
Bowers: The 19th.
Townsend: Okay, so can we, you know, you can kind of go on and get your concerns together
and share with the rest of the commissioners and then make this an agenda item for our next
meeting.
Tallon: Then we benefit from the ability to know what was approved, what wasn't. Initial
community reaction.
Townsend: Does that sound like a plan?
Tallon: I move that we place the Iowa City School District diversity policy on the agenda for the
February 19th meeting.
Townsend: It has been moved?
Coulter: I second.
Motion passed 7 -0.
Coulter: I would like to make an additional motion. I would hope you put down that the Iowa
City Human Rights Commission has concerns about the implications of the Iowa City
Community School District's diversity policy, especially as it regards educational equity
outcome.
Townsend: We'll kind of use that as like our foundation focus point for addressing...
Coulter: Making that as a motion that that be part of our...
-12-
Bowers: Joe, can you do me a favor and say that one more time.
Coulter: Yes.
Bowers: Thank you.
Coulter: The Iowa City Human Rights Commission has concerns about the implications of the
Iowa City Community School District's diversity policy, especially in regards to educational
equity outcomes.
Tallon: I would second that as a good summary, but we discussed it.
Finnerty: I would have a friendly, I think it's an interesting tactic. Also concern about the
redefining of diversity. If we're going to do it, we might as well put the other things we talked
about, the redefining of diversity to. I don't know if they address racial equity or if they were
just saying diversity socioeconomic status.
Tallon: From my understanding from the school board minutes here, just 100% whether or not
you're on price reduced lunches.
Finnerty: So, I would support the tactic and I would want the language to state the other things
that were concerns expressed, which were redefining of diversity as exclusive of other forms
besides socioeconomic status, the elimination of language regarding racial equity, and the lack of
attention to educational outcomes. Does that capture what we're talking about?
Tallon: It's your motion.
Coulter: I would accept it. Can you articulate that?
Finnerty: Concern about the redefining of diversity to be exclusively focused on socioeconomic
status in the district, the lack of acknowledgement of distinct areas affecting racial equity...
Coulter: Say racial /ethnic...
Finnerty: Racial /ethnic equity, and the lack of identification of educational outcomes as
measures of success.
Coulter: I did say in the original sentence, especially as it regards educational equity.
Finnerty: Okay.
Tallon: How about saying educational and racial equity outcomes.
Finnerty: Outcomes, yeah.
Coulter: Racial /ethnic.
-13-
Finnerty: Then we go on, and you know, our letter would have gone on to say, here is the _
equity outcomes we look at it, but we don't need to do that for this statement.
Townsend: Do we have a motion for the amendment?
Coulter: I ask that Stefanie read it back.
Bowers: It will be in the minutes.
Coulter: I'll be comfortable with your understanding?
Townsend: Yes. So, the motion for the amendment? I'll second. Have a second for that?
Tallon: Yes.
Amended Motion passes 7 -0.
Finnerty: Thanks Joe.
(Finnerty no longer present)
Proposed Revised Justice Center Plan
Townsend: Our next agenda item proposed revised justice center plan. Before the
commissioners speak, I want to open it up to the public and see if anyone would like to speak on
this topic from the public. Okay. Open it up for discussion. Joe, I think this is you.
Coulter: Well, this again I think is pretty clearly a human rights issue, that we have in the state,
as well as nationally, a disproportionate number of racial and ethnic minorities and, in particular,
the African- American and black populations that are incarcerated in this country, in this county
and in this city. There are those who I think we have to be sensitive to that the construction and
resources in the millions of dollars, over $40 million going to enhance our jail and court system
capacity is not a good way to deal with what I believe is the core issue and that's the
disproportionate number of people or the individuals who are being incarcerated in this country,
in this county and in this city.
Tallon: I would begin this personally by asking with the diversity policy, that we consider what
we think are the problems with it and from what you just said, I am following this issue via the
racial inequity with regards to incarcerations seems to be the most important, and the price
obviously is a very similar price to the November ballot issue. So, I think those are clearly two
of the larger issues. But is there anything else that anyone thinks is an issue, would be my
question that I pose.
Coulter: We do have a little less pressing timeline...
-14-
Tallon: Yes.
Coulter: On this particular thing in terms of how we might do it. I think we might want to take a
look at some of the implications that this thing has, what some of the concerns of the community,
especially racial /ethnic, the young people, the socioeconomic group, and the students who would
be impacted, or potentially could be impacted by this initiative to create the justice center.
Townsend: I'm wondering if the proposed revised justice center plan is something we as a
commission should be dealing with. Obviously there are some problems with, you know, the
incarceration rate and how it negatively impacts minorities, but at the same time, the city council
has already appointed the ad hoc committee to address law enforcement and transportation, so
that's something already in play. I have knocked this around and for some reason, I keep coming
back with, you know, this is an issue that the voters, we're talking about voting to get the center
built and that's something that basically, you know, the voters, the citizens of Iowa City will
make that decision. So, I'm.
Coulter: I've spoken once
Townsend: So, I guess I'm just wondering if this is something that we, you know, we should be
dealing with.
Coulter: Well, I've raised it because it clearly seems to be a human rights issue.
Townsend: You mention Joe that you expressed your concerns on about what you've been
hearing from the public. Can you share some of that with us? Some of those things you've been
hearing.
Coulter: Yeah. I've had people say why isn't the Diversity Committee or Human Rights
Committee dealing with these things? I mean, what are you all suppose to be doing? Of course,
I can't, you know.
Anthony: Are they looking for?
Coulter: I have to agree, yes that these are human rights issues, and yes they are important, and
yes I am concerned, but that's why I suggested that we put it on the agenda.
Anthony: I was just wondering what they were looking for. When they bring up to you, what
are they looking for? I mean, what's the outcome? What specific goal?
Coulter: Well, you know, in the whole scheme of city government, you, of course, would go to
the City Council and many people have. When regards to this, we are advisory to the City
Council. We have an agenda which includes human rights, this is clearly human rights here and
it's, you know, painful though it may be, I somehow feel like the commission can hardly avoid at
least discussing it and expressing at least concern, if not, I don't know, be advisable to take a
position on the possible outcome of the proposal or anything.
-15-
Tallon: I'm somewhere between you Joe and you Orville. I look at the jail issue and I don't
necessarily think the jail or the justice center itself is a human rights issue, but I look at the
underlying problems and the two that you mention would be is the racial equity and the possible
student impact I think would both be two that we could consider. So I think we should consider
the justice issue in that light and discuss, and since we are only an advisory committee to the city
council and not to the county government, I think we should take on the racial equity and that's
why I agree with you if you're already taking that on in your other committee, that that maybe
should be what we _ off of.
Coulter: The other committees _ is very narrow and has to do with law enforcement and
transportation system and we will be developing our recommendations and will go out of
existence as of March 1. And so, it's gone.
Tallon: Well, and that's a good time. I mean we have four months, I think that that
recommendation can be where from your, because both of you serve on that committee, right?
Coulter: Yes.
Tallon: Because I think that is where we can step off as human rights from that recommendation
and continue it on.
Townsend: And I mean, I can understand where you're coming from Joe, because, you're right.
You know, it's like the problem is the individuals being placed in jail, is it necessary to place an
individual in jail for blinking an eye or, you know, the disproportionate who has been put in jail.
So, if you build a larger jail, it just means that, you know, it will expand, but the same thing
about that though is the ad hoc committee is basically dealing with that, so maybe a compromise
would be. The ad hoc committee is close to getting our recommendations to the city council
together. What we might do is, as commissions, wait until those recommendations are submitted
and then take a look at those and, if it is not satisfying, then basically, you know, make our
recommendations as to how they can be improved. Does that sound like a...
Coulter: Yeah, yeah. I would only modify that and point out for the other members that the ad
hoc diversity committee cannot, will not be able to say anything about the justice center, which is
the topic we are about right now.
Townsend: But we will be focusing on some of the, some of the procedures that have, that are
leading to the large number of incarcerations.
Tallon: And I understand that the ad hoc committee that the justice center doesn't fit within their
charge, but I think that the, like I said, that the justice center itself isn't a human rights issue, it's
the underlying aspect, in this case, racial equity in incarceration, which would fall under their
law enforcement charge directly and I think that's why we should see what they come up with.
You guys only have another month, to see, where within that timeframe and frankly, I don't
know if we should have an opinion on the justice center itself since it's a referendum issue, that I
think we should focus more on the underlying racial equity with incarceration.
wev
Townsend: I think the biggest problem I have with the justice center is that we're talking about a
structure. If you make the structure bigger, then the inadequacies and the, you know,
inappropriate procedures will just basically put more people in the structure. So, the citizens are
going to vote on the structure.
Tallon: Yes.
Townsend: So, let's try to separate the justice center and keep the focus on the procedures, law
enforcement procedures that need to be addressed.
Tallon: And that is an agenda item on your ad hoc committee, right?
Townsend: We're getting close to putting our recommendations together.
Tallon: And when, will they be done by the February 19th meeting, do you think, because that
it's right before the end of your charge?
Townsend: Yes, we may have something.
Coulter: We might have something.
Tallon: So, I think if that does exist, I would like to, the ad hoc committee is already and agenda
item, correct? So, I think that's...
Coulter: Our underlying problem is not going to go away, which is a referendum or anything.
This is something that this commission needs to regularly address what is recognized out there
and maybe it's just because I'm an academic and in public _ stuff, but where is the discussion
about prevention? You know, if we've got a problem with something, that's like trading sick
people. It's always better to prevent people from getting sick and I look at the justice center and
the responses to society's concerns, is building a jail and court. That's not prevention.
Hanrahan: prevention.
Coulter: Where's the program to try to get at and rectifying the underlying causes.
Townsend: But that's what the ad hoc committee is doing, what's been appointed to take a look
at law enforcement in terms of, what other practices, you know, what is the culture? And what
needs to be done to improve it. So.
Tallon: I personally think we already have the structure going forward that we need on this
issue. I think that the ad hoc committee will be making the recommendations fairly soon and
hopefully by February 19th, we already have it on the agenda, we can consider those and also
discuss how we are going to take those recommendations and continue the ad hoc committee's
work after, especially with two of the most active people that I know anyway, already on the
Human Rights Commission, we can discuss how we want to turn that it in to this issue and I
think if it becomes a major issue, that would be cool.
-17-
Hanrahan: I _ that as well. Disproportionate confinement has been around for decades and it
has to do with discretionary judgment and police force training and it can be very complicated
and involved. I too would hope to hear what your proposals are from the ad hoc committee and
potentially continue with this through the Human Rights Commission.
Bowers: And I just want to add since all of the commissioners here weren't on the commission
several years ago, but the commission has done programming on disproportionality as it relates
to African- Americans throughout the State of Iowa. They have also done programming as it
relates to the high number of school detentions and expulsions with African- American kids here
in the school district. And I think the commission is probably one of the first in the community
actually back in 2007, is when they did the first one. And I want to say the next, I mean they did
follow-up things, but then the next well attended forum was probably 2009 maybe, so just to give
you that history, this isn't something that the commission hasn't looked at, discussed, or dealt
with.
Tallon: Could, if any of the existing material is available, could you add that to the next packet.
Not necessarily as an agenda item, just so we could all review.
Bowers: The only thing I would have is flyers from those events.
Bowers: There has been programming on that, so it's something that the commission is just
looking at or dealing with.
Townsend: When the commission did that, do you feel that it was beneficial?
Bowers: It was probably two of the most well attended programs. When you deal with race,
when you look at equality, and things of that nature, there tends to be an interest in the
community and people do come out to those events. They're obviously important issues to
discuss, but also it's a nice way to invite the community to kind of have these difficult
discussions which don't often happen in other venues.
Townsend: One of the things that is surfacing, you know, that's really negatively impacting our
minority communities, is the lack of education. So what we might consider doing is, as a
commission, automatically build into the commission's agenda to do certain things each year so
that we can get that knowledge out there.
Tallon: Stefanie, my question would be, would the ad hoc, the agenda item for the ad hoc
committee report be sufficient to discuss how to move forward with those recommendations and
any educational opportunities.
Bowers: Yes. And for those newest members, I think Joe you know this, but the ad hoc
committee was based upon at last a partial recommendation from the Human Rights
Commission. And so, that was looking at inequality as it related to what was, you know, the
concern being that people of color were getting arrested or being treated differently with respect
to certain city services.
-18-
Townsend: So we already have the agenda item set for our next meeting, so, do you feel there is
any need for additional discussion at this time?
Bowers: I don't know. Did you have something to say?
Bowers: And if you could just say your name so I can mark it down.
Jeff Cox: My name is Jeff Cox. I'm a history professor. I would just like to say a few things
about the justice center. I've been involved with these issues of what I regard as over
incarceration problem for 20 years. I was treasurer of the Alternatives to a New Jail campaign
back in 2000. I was, as president of the faculty senate, set up a special committee to look into
the over incarceration of students in the community, which is really how I got interested in this.
You know, we have a disproportionate arrest rate of students in this community, of young people
generally I think, but it shows up because we keep stats on students. Depending on how you
count it, it is 17% of our BA students have a criminal record when they get their degree. This is
way of whack. Others say 12 %. The University, I mean _ keeps telling me we don't arrest
students. The University's best estimate is that 500 of our 19,000 undergraduates spend at least
one night in jail per year. That means over the last 10 years, thousands of undergraduates have
come here to get an education and have ended up in jail, as their experience of Iowa City. The
Sports Illustrated only two years ago listed the University of Iowa Athletic Department as the
second most criminal athletic department in the nation. Is this because our student athletes are
criminal? I'm on the Presidential Committee on Athletics and I can tell you they are not
disproportionately criminal. What we have is a disproportionate arrest rate on our Iowa City
police force, which is, I believe is a serious humans right issue for our young people who grow
up in this community. Now, we have had two successful campaigns to defeat an expansion of
incarceration in Iowa City. The 2000 campaign and then the most recent jail bond issue. What's
changed between those two campaigns, was the growth of an African- American, largely working
class African- American population in Iowa City and that changed the character of the debate.
Finally when the jail committee wrote out its proposals in the spring, there was no mention of
race at all. They just said population growth, we've got to have more beds. Well, incarcerations
rates are not a function of population growth. They are the function of policing policy. If it were
just a matter of population growth, the United States wouldn't be the largest prison. We have 5%
of the world's population, 25% of the prisoners. It's policing policy that matters. And one of the
things that we did in this no campaign, late I have to say, is bring up the issue of The New Jim
Crow. A lot of people in Iowa City know Michelle Alexander's book, the New Jim Crow. I
think it was like the book that everybody was supposed to read one year and everyone started
wringing their hands, saying isn't this horrible, 12% of African- Americans in America, 45% in
prison. Well to and behold, 5% of the population or maybe 6, depending on you count them in
Iowa City, 40% of the inmates in the jail. So the proposal to build a new jail is a proposal to
make things worse, to make the new Jim Crow worse. And that's why I am here to encourage
you to take a stand on this May 5th bond issue. I've told people all along that I would support a
new jail if it met current needs, which is 150 beds a night, which is what we need. We need to
build a jail to meet our current needs and figure out a way to incarcerate fewer people, not more
people. We need a plan in place before we approve any expansion, because any expansion of the
jail is simply going to make the new Jim Crow worse in Iowa City. You know, people kind of
-19-
make fun of us for this slogan, if we build it, they will fill it, but I think it's true. And all you
have to do is look at the soaring arrest rates in this town. Between 2009 to 2011 the Johnson
County Drug Task Force doubled its drug arrest, doubled it. The population didn't double. They
put resources into this in this drug arrests. Now, there are other issues besides just jail beds in
this new jail. Lonny Pulkrabek says we can expand treatment and education programs. Well,
I've looked into these treatment and education programs. They're not treatment and education
programs. They are alternative forms of punishment, that's what they are. Two hundred eighty -
one people since summer of 2010 have been arrested for possession of marijuana and put into a
drug education program. This drug education program is designed to force them to show
remorse for something that's legal in Washington and Colorado and it's not too surprising that
about 30% of them fail or unsuccessful, either they're unwilling to show remorse or they fail a
urine test. Marijuana stays in, some of you may, much longer than more serious drugs and
longer than alcohol. They put more people into these alleged diversion programs for marijuana
possession than they do for all alcohol arrests put together, 202 have been put in there for
alcohol, which can make yourself a danger to yourself and others. Two hundred eighty -one for
first offense marijuana possession. Second offense, you're not eligible for this. What does it get
you if you succeed, you don't get a conviction on your record, but the arrest stays. The arrest
stays. Iowa City Police is harvesting our young people on marijuana arrest charges and those
things stay on your record until you go into the I mean the nursing home. There you got a
drug arrest for life. And believe me, employers, graduate schools, professional organizations all
ask you not about your convictions; they ask you about your arrests. The law school here asks
you about your arrests. They even ask about juvenile arrests, which are suppose to be
confidential, right? The new jail proposal proposes to expand these education programs, which
in fact are punishment programs and they are going to result not only in more African-
Americans, but more young people generally being incarcerated and also being put into these
education programs. Now, I'm addressing you as a body of the Iowa City City Council, which is
really your, this is a city body, not a county wide body, because the people down at the county
always say, oh well, it's all, everybody says it's somebody else's fault. And don't talk to us, talk
to the Iowa City Police. They can talk to the Iowa City Police, but I would really encourage you
to take a look at ways in which the policies of Iowa City are making problems of racial
discrimination in this community worse. One is the high arrest rates, which is leading to bond
issues. The other is trolling of young people for marijuana possession basically, they say we
don't arrest people for marijuana possession, but they do. The other is the curfew. That curfew,
I've never, I don't think there is anything about it that wasn't racist. Iowa City is one of the few
communities in Iowa that didn't have a curfew because we're liberals here, until we had a
significant number of African- American young people in town, and then all of a sudden, then all
of the liberals are saying, "we've got to have a curfew." Now, what are the effects of this? One
of the effects of it are more than half of the juveniles in secured detention, that is up in Cedar
Rapids in jail, are African- American. I thought it was half, but somebody told me the other day,
A no, that's an underestimate. We're getting policies promote disproportionate minority contact
because of the policing policies of Iowa City. And this may seem like a minor matter to you, but
it doesn't to me. I grew up in the segregated south where there were signs everywhere telling
black people where to sit, where to stand. I still talk of my father, who was a small town doctor.
I've still got his colored waiting room sign; I tried to find it to bring it down here. I show it to
class sometimes. Here's what it used to be like. All of sudden I go over to the Old Capitol Mall
and there's a big sign that says stand 10 feet back from the glass doors. Ever since I've lived in
-20-
Iowa City, mostly white people have been standing behind the glass doors, waiting for the bus.
Now all of a sudden, you have a significant number of African- American young people standing
around down there with complaints about their behavior and a big apartheid -like sign goes up,
stand behind the sign. I went by there during the break, it's a multiracial group of people that
were inconvenienced now, but over the break I went back and there were 10 black teenagers
standing behind the sign with a white security guard standing at the end, right? Wait a minute.
This is what we're doing to the old racial issues in this town. So, I hope that you will speak up to
the City Council on these issues. Whatever has been done on education and disproportionate
minority contact obviously hasn't worked. Otherwise, we wouldn't have 40% incarceration.
Before we expand the jail, we need a plan, we need a plan. The city needs a plan to reduce
minority incarceration, not good intentions. So, I hope you will recommend to the city that they,
unlike last time, that they oppose this until we get a plan in place. Thank you.
Tallon: Actually, I have a question.
Jeff Cox: Sure.
Tallon: My question from you. You mentioned that you had two campaigns previously on this
issue, are those going to become campaigns for the future? Or for this next referendum on this
issue.
Jeff Cox: Probably. I mean until we have some kind of I mean we need to incarcerate fewer
people, not more.
Tallon: And my second question is, you mentioned a lot of numbers and you mentioned that you
led a faculty senate review. Did those produce reports?
Jeff Cox: Yeah. I'll send you one.
Tallon: Could you send.
Jeff Cox: It's called "The Hidden Cost of College."
Tallon: Could you send them to Stefanie?
Jeff Cox: Sure.
Tallon: So they are correspondence.
Jeff Cox. Yep.
Bowers: I'll get you my contact information.
Jeff Cox: Yes, No, I'll be glad too. I mean this was 2003, and it was a faculty senate report on
students. I will say since then, there are so many issues here and there is so much
misinformation, Chuck Green's empire, the Department of Public Safety, has doubled its budget
-21-
and now they used to have 10% of the intake into the jail, now they have 25% more. They have
12.5 %. The University administration, I really don't want to get into this, but this is a city, I
mean, they've cut 60 ten -year to tenured classroom teachers while doubling the budget of the
police and increasing the intake into the county jail from the Department of Public Safety by
25 %. So, here's an issue for the University as well. I mean, this thing is coming out from all
sorts of directions from over incarceration and of minority African- American contact and, so I
just encourage you to speak out on this. It's time for people to take a stand.
Townsend: Jeff, I had a question. When you first started speaking, you indicated that 17% of UI
students at UI basically by the time they get their BA have a criminal record.
Jeff Cox: Have an arrest record.
Townsend: Arrest record, okay. Now, did you ever break down on that in terms of them how
many were minorities?
Jeff Cox: No absolutely don't. Nor do I know what the minority figures on the athletic
department. I tell you on the 17 %, there have been two different studies here by the Gazette and,
one of them showed 17% and the other showed 12 %. Whether that's a downward trend, since
the 12% will last, I don't know, but it's too high.
Townsend: Another question and I'm not sure about this, but this is just hypothetically off my
head, is it possible that a large part of the large arrests is a result that's money - making, budgetary
advantages because once you're arrested, a lot of these arrests lead to having to participate in
programs and things like that, those programs generate income. Is that possibly?
Jeff Cox: I don't know. I am really very reluctant to say that is about money. I think that the
people who are doing the arrests think they are helping people by getting. I don't think they're
bad people with bad motives, but the fact is they're not helping people. They're hurting people
and they're being hurt disproportionately in Johnson County. It's hard to grow up in this town
without having an encounter with the police. Ask any parent at City High and they'll tell you
that and nothing seems to affect the City Council's support for this. And I supported 21 only age
thing, unlike a lot of my liberal friends because I thought maybe it would get people out of the
downtown bars and out into drinking at home where they are less likely arrested, but so far that
doesn't seem to have helped very much. But we need to do some serious thinking about ways to
stop getting people into the criminal justice system in the first place and I think there are things
we can do. This is not like the weather. The people down at the courthouse and the jail people
they say, how many people we arrest, there is nothing you can do about it, doesn't matter how
big a jail is, we're just going to keep arresting the same number of people. I don't believe that at
all. I think we can do things, once we are committed to it.
Tallon: My last thought for you is, you mentioned that you thought the 10 feet issue was a minor
issue, but I think it is something that I have noticed as a student at the University when I started
when you could just, I don't take the bus very often, but I walk through the Old Capitol and you
could always stand wherever you wanted to and now you walk in, well it's not always necessary,
-22-
usually it's a mixed population, everyone 10 feet from the door, just standing patiently, it's kind
of a weird scene, so I think that it's an important issue that if you make.
Jeff Cox: I think, you know, if I were African- American, I mean I'm white, right, so I don't
know how it looks. But I as a white southerner, I know that sign just slapped me in the face
when I saw it. I thought that is really not right and what kind of message are we sending and, so
I don't know how important it is to arresting somebody, I just bring that up for your . Thanks
for listening to me. I usually speak the usual 50 minutes the professors speak.
Offsite Students and Academic Achievement Iowa Citv Community School District
Townsend: Okay, next on the agenda, offsite students and academic achievements, Iowa City
Community School District. Jessie?
Harper: Yes, just looking at their responses here, one thing that kind of popped out to me right
away is the general language that was used to describe the situation, you know, with the very
first question, you know, historically less than 10 students per year, was that, you know, what
does that mean? Like is that before it was this many, before. I just don't know. It seems like
we're speaking very general when it comes to these questions. It also seems that this is prepared.
This is something that has been brought to the attention of the Iowa City Community School
District before and they have a pretty set way of handling the issue by reading over the policy,
especially when you go into the Federal Family Education Rights and Privacy Act, that's one
thing, you know, when, I won't say, not necessarily trying to answer the question, but when
you're trying to go around, you tend to use things like this. Rather than me offering or saying
what I viewed as the problem with his response, I would just like to take the role of offering
maybe suggestions on what could possibly happen until there is more information that can be
provided, because I just don't like to put things out there without having all the facts and, before I
move to the suggestions of things that can, you know, possibly help, when you talk, I talk about
the general questions here, so when it says that the District's curriculum is by certified teachers,
is that what makes the whole city's school district an accredited district? Or, again, what does
that mean? And then there is also the part where it says, there is usually not a large number of
juniors or seniors in the offset programs because they are usually back into the high school.
What happens to these children that have never been addressed as possibly ACT ready children
and then come back their junior or senior year, it just seems like that is an automatic door of well
you waited a little bit too long, maybe you placement courses, trade schools. When I was just
reading those, I felt, I figured that, you know, everything was very general and I will offer that if
there needs to be specific questions, that maybe we could think of those and I can definitely think
of specific questions, but again, I don't want this to seem like I am being or the commission is
trying to attack at all. I would like for this to be viewed as we want to offer suggestions, we
want to work with the school district to address this issue because it has been brought to,our
attention. It has been identified in past issues that when you bring up this type of issue, it just
does not work out well for either the individual or people involved in the situation. So, again,
you know one of my suggestions would be rather than addressing or pointing fingers, what about
working with the school as far as the ACT prompts. What is the actual goal and what is the road
for students when they come to the high school as far as getting them ready for ACT. Is there a
set curriculum or a set path that they have. What roads to the teachers and counselors have in
-23-
preparing the youth for ACTs and what does that look like? Yeah, so that's where, what I'm
kind of thinking.
Tallon: Jessie, when I was reading this, I was wondering how many students go to Tate?
Because it mentioned only 10 or less. Which is from this too low to even report the scores. How
many students go to Tate?
Harper: As previously stated, we can't even give that information, because when we go to Tate's
website, that information is not provided to us. I'm pretty sure we could find that information,
but for anyone that is just concerned about this issue and wanted to bring stats or conclusions,
they would not be able to do that because they don't have the specific stats in the beginning.
Hanrahan: It's about 120.
Tallon: About 120? So.
Coulter: Jessie, I really appreciate you bringing this to our attention. Because it, I feel like,
"where have I been ?" when you brought this up. I don't, try to find out, where's Tate? What's
this? You know, I hadn't heard of it, I didn't know what it was. I still don't know what it is. You
sure won't find out from their website.
Harper: It's an alternative school.
Tallon: So I think that...
Coulter: What's an alternative school? Is it high school? It said Elizabeth Tate High School.
Hanrahan: It is a high school.
Coulter: But then they had some, did have some stuff up on the menu for elementary school, so,
it. How do they get into it? Is it a magnet school?
Hanrahan: No, it's an alternative high school.
Hanrahan: I talked to Ann Browning who is the principal. Jessie, this would be my personal,
what I would say it is for folks who having academic challenges and barriers in the mainstream
high schools, so that they have more opportunity for adjusted scheduling. I work with teen
parents so the hours are 9 to 2:20 everyday without any study halls or breaks, so, it's a closed
campus after noon so that students don't leave the rest of the day. They also have the Phoenix
program there and that is what they offer at Kirkwood Learning Center, so it's a high school
completion program that you do on the computer. So, in talking to Ann Browning, she, this was
just earlier this week, that's the principal, she explained that most of the students by the time they
were transferred to Tate, they didn't, already at that point they did not have the basic classes that
they needed to take an ACT or to go the four year college route, chemistry, second language, and
that kind of thing.
-24-
Townsend: Awhile back, Tate was an alternative school that the kids who were disruptive in the
class or they were academic issues and things like where the kid basically couldn't function in
the class and needed special attention. Tate is where they would send these students, but I just
realized here a little while ago they've got multiple, many more programs now. You know, the
Phoenix program at Tate. I just like to know how many programs do they have? And what is
the purpose of each program, you know?
Harper: I think you know, and this is another thing that I identify, which is originally when I
brought up the idea of, you know, the kids not being academically ready for ACTs and also
being ready for the ACTs and also the equivalent to the classes that they were taking, making
sure that once they do come back to the high school that they are where they should be. Another
one of the programs that was actually being challenged and thought of as, even if they are taking
this program, when they're going out for a job or applying for a college, that it is not being
measured up the same way as a GED or any other type of education. So, does anyone else
happen to know about that? Or is that something, you know, anyone has addressed? As, like if
the children are taking this Phoenix program, are they still eligible to, you know, apply to a
college or, how exactly does that work? Because it just doesn't seem that...
Hanrahan: If you complete your high school equivalency using the Phoenix program, you only
can go into community college.
Harper: Okay.
Tallon: So if you have a high school equivalency, you can't go to a four year
Hanrahan: That's to my understanding. I am certainly not...
Harper: Well, see the issue that I keep coming up with is that the problem is that the African-
American population is being steered or geared towards that route versus you can take the ACT,
you have the options. Here are some services that the high school will offer you to prepare.
That's what I keep coming to when we talk about this issue, though.
Tallon: An accurate statement of the problem you think that needs to be addressed is that the
goal isn't the same at this school as other schools. The goal isn't to take the ACT and go to
college. The goal is to get your Phoenix degree, would that be an accurate depiction?
Harper: Hmm. Again, I wouldn't say that I like the idea or I would just stick with the children,
the African- American students are being directed in that direction versus ACT is an option for
you. Are you taking the necessary courses? Are you receiving tutor? Are you preparing? And I
know it comes back to a personal accountability at some point, but at some level the school or,
you know, teachers or counselors are somewhat accountable for what is happening.
Townsend: Another issue that we need to look at is, the alternative schools and all of their
programs they have. I would hope that the primary focus is still education, you know, quality
education. I know that realistically the kids have behavior problems, some learning problems
and _ in things like this, you know, they may not be able to keep up or function in the regular
-25-
program, but I am hoping that education is still the focus so that because of what program you
put the child in, the student is still encouraged to achieve the maximum to their ability.
Tallon: What can we do?
Harper: Well, that's, you know, one of my recommendations was thinking about has there been
other surrounding areas that have suffered from low numbers of African- Americans taking the
ACT and feeling competent enough to take the ACTs. Have there been any programs or any
resources that they have implemented in the area to decrease that issue? Also, when we talk
about, when he says the building administrations so they can review the situation, and the bottom
part, what does that mean? Also, if someone believes that they have been discriminated against,
they can contact their building administrator and/or my office to discuss the district's grievance
procedures. So, I guess what is that? You know, if a parent does address the issue of my son
was, you know, never addressed as far as the ACTs, but he has another friend that is taking these
courses, what does that look like? What is the next step? Is that something we could be helping
with the process? Could we be looking at other sources to help the school administrators with
addressing this issue?
Tallon: Personally, I'm interested, I would like to know if there is anyway to get more numbers
and compare that, not just the ones at Tate, but also to the city high schools, the two public
schools.
Coulter: You can get an of what the public school enrollments are by race, ethnicity, grade
level, gender, and school buildings. And that would be the State Department of Education. I did
an analysis of that for the Board of Regents. I never published it, nor did they ever publicize it.
tell you, guess how many ninth graders, African- Americans three years later graduate?
From high school? Yeah?
Hanrahan: Forty percent.
Coulter: You're close. Yeah, it's between 40 and 50 %.
Tallon: That graduate or they don't?
Coulter: They never graduate and then I was able to track this through my contact at ACT to
find out how many take the ACT. Out of that _, it's like less than 10 percent. I know they
exist because they are ninth graders. You can track this by year. Even though the population is
growing because of in migration, not out migration, those losses are actually worse than what I
found in the record.
Tallon: What I think is that we should consider what we, our next step as a commission, I think
the next step personally is getting those numbers that you mentioned.
Coulter: We can get them.
Tallon: And considering those numbers.
-26-
Harper: I would just like to, I do agree, but I think that we should put this on agenda.
Coulter: Oh yea. We need to look at this.
Harper: But yeah, I definitely agree with starting out, you know, with the stats, because although
there are tons of personal stories, again, if you read the final paragraph, as you are aware, if there
are specific incidences of students that believe that above is occurring, then we encouraged them.
So it seems like without the statistics, they have heard this situation before from personal
situations.
Tallon: I think we can, if we get the numbers, and identify it is an inequity, we can present it
with our thoughts on the diversity policy as here is one the inequities that should be addressed by
the diversity policy. How does your diversity policy address ACT...
Townsend: You know, we can make this an agenda item but you know, could you maybe have,
give us somebody to give us insight what we need to be looking at.
Coulter: I think that the first thing we should probably go ahead and ask the school to give us the
data. If they seem unwilling, again, this probably ought stuff, our very talented and
excellent staff person, but she should probably do the ask and if she's somehow , I'll get you
the data. It's public record.
Harper: And again, I would just like to emphasize along with the data that we are gathering, I
would strongly encourage us to have a work with approach versus point fingers or this is what's
happening, I strongly, to look at some services and to talk with the school if they are willing, you
know, to address the issue. I want them to view us as we are concerned about the issue because
we know we can help with it versus, you know, just pointing.
Townsend: I agree. I think our approach can be, once we get information, you know, numbers
can be deceiving. People working with the situation have different things they have to deal with,
so we can take this is what we see, but can you help us to understand exactly why these things
are happening, you know.
Hanrahan: And if it is just a systemic problem.
Tallon: I like this issue. I think it is an issue that we can be, we can make difference on, at a
minimum, pointing to the school district and something that is already drowned out by a bunch
of other things.
Harper: Not to mention that, but as of right now there are new programs and new programs that
are willing to offer what this is _ as far as ACT prepping. Getting youth ready that have
traditionally been looked over. So it's now only we're bringing the issue up, we're bringing the
issue up in the light of, hey, this does not need to remain an issue. There are programs here now
that are helping, you know, to deal with this. So, you know, this is not the time to, whoa, we're
-27-
trying to hide this or make this into something bigger, but there is help out there and this does not
need to continue happening because there's help.
Hanrahan: Will those numbers cite building specific.
Coulter: Oh yeah, you bet. I was amazed. I'm sorry, just to throw in a little anecdote. I was
looking at this statewide and there was a little town down in southwestern Iowa, not even close
to Omaha or Council Bluffs and all these African- Americans there. They're in _.
Townsend: So we need a motion.
Harper: I would like to move to add offsite students and academic achievement of Iowa City
Community School District to our agenda.
Tallon: I second.
Bowers: Just to make it clear, the February 19th agenda?
Harper: Yes.
Bowers: Okay, just so that I request the correct information, you want the data from individual
high schools as it relates to the total number of students who are there in the 9th grade and
then...
Coulter: They have the data, we want it by year and why don't we begin in 2000, by year, by
race, by gender, by grade level, and we also want to know the number of graduates because that
is a slightly different database.
Townsend: I think also, what I would like to get information from the district on is, what criteria
they use to place students in the various programs.
Bowers: When you say the various programs, you mean the offsite programs?
Townsend: Like Tate, the Phoenix program, and things like. What is the criterion basically is
used to make a decision to put a student in those programs.
Tallon: I would like to make a request that if, you don't mind Joe, that once she has the
information, if she could send it out and you could maybe prepare a small summary of it. Or
Jessie. Somebody, so we don't take up the whole commission time looking at the numbers and
working on a summary, if somebody could write an analysis or a quick summary of what the
numbers mean and what we should be looking for.
Coulter: I think Stefanie can get the data. It's going to come in a raw form and I had to move a
lot of stuff into excel sheets. I don't know what, I'm sure the data is there, but what form it is, it
EWE
may need some work, but Stefanie can sent that to all of us and those of us who want to work on
it, will work on it.
Harper: We're asking for kind of a summary of kind of what we're looking at.
Tallon: I don't think all seven of us need to look at all the raw numbers and...
Coulter: Oh okay.
Tallon: I just picked you out because you are a professor, so ... I try to give professor.
Tallon: Okay, then we have...
Bowers: By year starting in 2000, by race, by gender, by grade level and you want the number
of graduates?
Coulter: For every school in the Iowa City School District.
Coulter: Might as well get the whole thing. Just as soon as you start digging into this, oh where
this? You know.
Bowers: No, no, I just want to make sure I understand. Okay, so you want starting in the year
2000 by race, by gender, grade level and for every school in Iowa City.
Coulter: K through 12.
Bowers: Yes, okay.
Coulter: And ungraded. There'll be a category of ungraded, that's where you find most of the
minorities. They don't even put them in grades until the ninth grade and then they dump it, so
that's why they dump it right out of school.
Next Regular Meeting — February 19, 2013 at 18:00.
Motion to Adjourn 19:43.
-29-
Human Rights Commission
ATTENDANCE RECORD
YEAR 2012/2013
(Meeting Date)
KEY: X = Present
O = Absent
O/E = Absent/Excused
NM = No meeting
- -- = Not a Member
-30-
TERM
3/20/
4/17/
51151
6/19/
7/17/
8/21/
9/18/
10/16
11/20
12/18
11151
1/28/
NAME
EXP.
12
12
12
12
12
12
12
/12
/12
/12
13
13
Diane
1/14/14
X
X
X
X
O/E
X
O/E
O/E
X
X
O/E
X
Finnerty
Orville
1/1/14
X
X
X
X
X
X
X
X
X
X
X
X
Townsend,
Sr.
Dan Tallon
1/1/14
-
-
-
-
-
X
X
X
O/E
X
X
X
Kim
111115
X
X
X
X
X
O/E
X
X
X
X
X
X
Hanrahan
Shams
111115
X
X
X
X
X
X
X
O/E
X
X
O/E
O/E
Ghoneim
Jessie
111115
-
-
-
O/E
X
X
O/E
X
O/E
X
X
X
Harper
Katie
1/1/16
-
-
-
-
-
-
-
-
-
-
X
X
Anthony
Joe D.
1/1/16
-
-
-
-
-
-
-
-
-
-
X
X
Coulter
Harry
1/1/16
X
X
X
X
X
X
X
X
X
X
X
X
Olmstead
Connie Goeb
1/1/13
X
X
O/E
O/E
X
X
X
X
X
X
-
-
Howard
1/1/13
O/E
X
O/E
X
O/E
X
O/E
X
O/E
O/E
-
-
Cowen
David B.
1/1/14
O/E
O/E
R
R
R
R
R
R
R
R
-
-
Brown
Henri
1/1/14
O/E
R
R
R
R
R
R
R
R
R
-
-
Harper
KEY: X = Present
O = Absent
O/E = Absent/Excused
NM = No meeting
- -- = Not a Member
-30-
tom`. ®p4r� CITY OF IOWA CITY
"Q�Pp, 4b5
MEMORANDUM
Date: March 20, 2013
To: Mayor and City Council
From: Stefanie Bowers, Staff Member of Human Rights Commission
Re: Recommendation from Human Rights Commission
At their February 19, 2013 meeting the Human Rights Commission made the following
recommendation to the City Council:
"To maintain the SEATS service '/s price fare as part of our commitment to the disabled and elderly
communities of Iowa City."
Additional action (check one)
X No further action needed
Board or Commission is requesting Council direction
Agenda item will be prepared by staff for Council action
SAMorm.doc
Page 1 of 23
Minutes
Human Rights Commission
February 19, 2013 – 6 P.M.
Helling Conference Room
APPROVED
Members Present: Harry Olmstead, Orville Townsend Sr., Kim Hanrahan, Jessie Harper,
Dan Tallon, Joe Coulter, Katie Anthony, Shams Ghoneim, Diane
Finnerty.
Staff Present: Stefanie Bowers
Others Present: Jeff Cox
This represents only a reasonably accurate transcription of the Human Rights Commission meeting of
February 19, 2013.
Recommendations to Council: Yes. "To maintain the SEATS service '/s price fare as part of our
commitment to the disabled and elderly communities of Iowa City."
Call to Order:
Chair Townsend called the meeting to order at 18:03.
Consideration of the Minutes of the January 15 2013 Meeting:
Olmstead moved to approve minutes, seconded by Coulter.
Motion passed. 8 -0. (Finnerty abstained —has not read the minutes)
Public Comment of Items Not on the Agenda:
Jeff Cox: I'm basically here to request, I know you can't discuss it tonight, but that you put on the agenda
for the next meeting a proposal to pass a resolution opposing the construction of the new jail. I spoke to
you at last meeting, and I know most of you know the basic facts of this basic information on this. I will
say that this is an issue that I've been concerned with more than 20 years. I first got involved with and
looking at the effects of over arrest and over incarceration on our students because I'm a professor. When
I was president of the Faculty Senate we had a report out called the hidden cost of college about the
effects of going to school in Iowa City, unlike some other places where we have up to 17% of our
undergraduates graduating with an arrest record, and go out into the world with that on their resume. But
my particular concern tonight is with the issue of race. I mean I think most of you are aware of Michelle
Alexander's book, The New Jim Crow, in which she claims, and I think quite rightly that
segregation is being imposed on this country with the disproportionate incarceration rates of African-
Americans, which are nationally about 12% of the population is African- American, about 45% of those
incarcerated. A lot of people think this is something that happened somewhere else, but it's happening
here with 7% of the population and 40% of those in jail being African- American. This I think is just part
of a broader trend in this community in terms of the way we're dealing with racial issues, which have just
completely taken over local politics. The whole school election was about race last month. We've dealt
with this issue by policing people, by arresting people, by telling people where to stand at bus stops, by
subjecting them to curfews and . Most of these segregation policies come straight from the city of
Iowa City. It is the city government that's responsible for the curfew, bus signs, and for an arrest rate that
is increasing more rapidly than the growth of the population. The arrest rate in this town is an issue of
policy, not an increase in crime or population growth. I'll just give one example. The Johnson County
drug task force between 2009 and 2011 increased their arrest from 300 to 600. This bears no relationship
Page 2 of 23
to increasing _ activity in this community. It's a policing policy. The high risk policy is a policing
policy. I've told Janet and Lonnie for several years that I would support anew jail if they would build
one that would meet our current needs, which are 150 people a night. That's what we need that would
meet our current needs, but they insist on growth. The effects of growth are going to be to incarcerate
more African- Americans, make the new Jim Crow worse in this community, right here in this
community. So I think that we should oppose the construction of a new jail until one thing happens. That
is the city of Iowa City comes up with a plan to reduce the disproportionate minority arrest rates.
OT: So you are requesting that we put it on our next agenda?
Cox: Yes.
OT: Since it's not on the agenda we really can't give...
Cox: I understand. I'm just asking you to put it on the agenda.
OT: I think you have some very good points and could you basically share those in writing with
Stefanie so that we will be able to have discussion at our next meeting.
Cox: Yes.
JC: Orville would you be prepared for me to make a motion ? Would that be appropriate?
OT: Yes that'd be appropriate.
JC: I move that the Justice Center and the issue of incarceration rates and jail be on the next agenda
of our next meeting.
OT: The motion should read at Jeff's request.
Cox: I can supply you with far more statistics that you want.
OT: information will be able to discuss it at our next meeting.
SB: You can forward it to me if you still have my contact information.
KH: Is it appropriate that we get his email address so that we can discuss with him personally or what
are the rules around that? I just have questions.
SB: Yes that's fine.
KH: What is your email address?
JC: JeffreyLCoxl @gmail.com. I think this is an important issue and so I appreciate you considering
it, thanks.
Coulter moved to place on the agenda, seconded by Tallon.
Motion passed. 8 -0. (Olmstead abstained - -no reason given for abstaining)
Page 3 of 23
New Business:
Elections
SB: You just need to elect for the Vice Chair and I'll volunteer myself for Secretary.
OT: For Vice Chair do we have any nominations?
HO: I'll nominate myself.
JC: I'll second that.
OT: Any other nominations? Harry has accepted the Chair and I think we're to the point where we
vote on it. Am I correct?
SB: Do you want to amend your motion and include me as Secretary and that would avoid having to
do it twice.
JC: Sure. I'll amend my motion to include our Secretary.
OT: Okay so the motion for Harry as the Vice Chair and Stefanie as Secretary. All those in favor?
Olmstead moved to elect as Vice Chair with Bowers as Secretary, seconded by Coulter. Motion
passed 9 -0.
UNA Night of 1000 Dinners
SB: There are three a -mails received just to give a rundown of the event. It is being held on
Thursday, March 7t" as Orville stated. It's being held at the Old Brick, and it's an international
dinner that includes a speaker, music and silent auction. The theme this year is Iowa City and the
United Nations in celebration of International Women's Day. The speaker will be Professor
Durham and she will be discussing the Lolita Effect, co- sponsorships are $100 per organization,
which would entitle the Commission to one ticket, one complimentary ticket for a Commissioner
to attend the event.
OT: Are asking for a donation Stephanie?
SB: A co- sponsorship is how they worded it.
OT: Have we done anything with them in the past?
SB: Yes. Last year the Commission did give a donation or co- sponsor this event. About $750 to date
that the Commission has used in co- sponsorships or donations.
OT: Do you remember how much we gave last year?
SB: I don't believe this number is any higher than it would've been last year.
OT: Discussion?
DT: Do you know how many more co- sponsorships we will have this year?
Page 4 of 23
SB: I have no idea.
HO: I move that we sponsor the event.
JC: Second.
OT: Do we need an amount?
HO: I think organization right?
SB: Correct.
HO: For $100.
OT: It's been moved that we sponsor, give a sponsorship of $100, is there a second?
SG: I'll second it.
SB: Joe had actually seconded that or not?
JC: Yes.
SB: Harry made the motion and Joe seconded.
Olmstead moved to co- sponsor at $100, seconded by Coulter.
Motion passed. 9 -0.
SB: Is anybody interested in that one ticket March 70'9 1 don't know that they gave a time for the
actual event. I know in the past I want to say it started at 6:00, but I can confirm that.
OT: Do we know who the speaker is?
SB: It's a Professor Durham. I believe they said she was in the Women's Sexuality, the Department
of Gender, Women's Sexuality Studies. I still don't see a time of the actual event starting at 6 or 7
PM timeframe, but I can get that information.
DT: Does it matter that we missed the deadline for co- sponsorship?
SB: Actually they extended it and the last email it says February 21 ", so it kind of got extended over
time.
KH: I would be interested in going.
SB: Okay. I'll get you the time then and send that out.
Proclamations for 2013
SB: This was the first meeting in January. We were discussing, it would have been the January 15"'
meeting, and there was a discussion about putting this item on the agenda to see what if any
Page 5 of 23
proclamations the Commission wanted to do in the future. Certainly at tonight's meeting you
don't need to necessarily select for the rest of the year, but obviously for the next few months
would be helpful. What I included in the packet is a list of some of the more well -known
monthly observances that are recognized; with the first being what Jessie will do tonight, the
Black History Month proclamation.
OT: Are there any actions that we need to take on this?
SB: I would say only if the Commission would want to do a proclamation for National Women's
History Month, which is in March. If they want to do one for Days of Remembrance, which is
April/May time frame, and then the Asian Pacific American Heritage which is May. I would say
just the turnaround on getting it to the mayor; it would be helpful for staff to know when the
Commission would like to present proclamations, at least for the next few months.
OT: Discussion?
SG: Question I guess, has there been any other topics historically for proclamations
SB: There are additional ones; I know the Commission has done one in December for Universal
Human Rights, which is celebrated in December. That is the only additional one that I'm familiar
with, in addition to Fair Housing. The Fair Housing Proclamation is in April of each year. It's
not on the list that I found, but those are the two that would not be on the list that the Commission
has done in the past.
DT: I was just wondering if more than one organization can do a proclamation or not?
SB: I'm guessing that one gets read, but both probably get signed if the mayor accepts them both. I
find for time purposes that they probably don't read both of them if they're dealing with the same
topic.
DT: The Realtor Association has done Fair Housing in April in the past, so I didn't know if that was
something we would do as well.
SB: You know I think it just matters, I mean if that's something that you would like to defer to them
that's certainly fine.
DF: I was just going to add that I know that we've done things in honor of Pride Month
_proclamation in June, and we've done the Pride Rally and ceremony and all that kind of
stuff.
SB: I don't think there's been a proclamation submitted by the Human Rights Commission, but I'm
guessing that there's probably somebody for the community that does submit one.
DF: If we wanted to do that it would be in June.
SB: Thank you.
SG: So here's a question. Anything that we can start or hasn't been on this list like something...
SB: This list is just a list so I don't mean to imply by this list that this is a list of proclamations the
Commission has done. Just so everybody understands that. The commission has done: Black
Page 6 of 23
History Month, Universal Human Rights Month, Fair Housing, and Martin Luther King, Jr.'s
birthday.
SG: I guess I'm thinking of and I don't know how appropriate or not to consider would be something
addressing violence against women and children. Can it be somehow included in women's, but
when is equality, that's just a different topic.
DF: April is Sexual Assault Survivor's Month.
KH: So if we were interested in doing a proclamation for each month is that saturating it by any
means?
SB: I think that's up for the Commission to determine.
KH: I know that, but then I'm saying so then how do you pick and choose?
OT: That would just be up to us.
JC: National Women's History Month is coming, that at this meeting that we, I would move
that the Commission do proclamations for National Women's History Month, the Days of
Remembrance and those two, and that this be an agenda item on future meetings.
DF: I'd be fine with us doing something on a monthly basis and kind of just honoring communities in
our community. Part of me is also kind of like where is the . I'm not sure the purpose a
proclamation serves, and if it is simply an acknowledgment I think that's powerful, but it'd be
nice if we had kind of a template proclamation, and if we can think about why do we think a
proclamation is important to keep those principles in all of them. I think part of it is just
recognition of the diversity in the community. We honor that and these proclamations indicate
that, but I'd want to make sure that we are inclusive and very intentional about what
SG: Something addressing immigrants.
DF: If we then we have a member of that community assist with maybe a Commissioner
representing it to the Council, that we think really intentionally about what do we care about in
these proclamations.
HO: Stefanie is possible that with these proclamations press releases can go out because the newspaper
hasn't covered in the past when we do a proclamation. I'm wondering if press release may get
some attention to it or add attention to it. I'll second Joe's motion.
SB: We can try.
HO: I'll second Joe's motion.
OT: Joe for the ones that you indicated?
JC: Yes that we do proclamations and I read it and have our press releases. Can we do these
two that are immediately coming up in March, National Women's History Month and Days of
Remembrance, which is in April and that we revisit this list ?
OT: Okay the motion has been seconded.
Page 7 of 23
KH: Can I put in an amendment and also include the Sexual Assault Survivor's and Violence Against
Women's Month because that is in April/May as well.
DT: Could we make the Days of Remembrance the May, and then just have one for each of those
three months so we don't have more than one a month?
OT: Okay clarification on the friendly amendments.
SB: So the Day of Remembrance would be switched to May, and then April for Sexual Survivor's
Month. Do I have that correct Diane the sexual survivors?
DF: Yes.
SB: That would be April.
DF: What day Holocaust Remembrance Day falls_
DT: Okay its Sunday April 7`h and Monday April 8h.
SG: So which one are we going to do?
DT: Well I don't think we necessarily have to do everyone every year.
OT: We could vote that we've got coming up and we have a motion and a friendly amendment to
handle that. So if we vote on that and then have this as an agenda item, and then the next we will
outline what we want to do for the rest of the year. Does that sound like a game plan?
SG: What's in March?
SB: National Women's History would be March.
SG: Okay and then April is?
SB: Sexual Assault Survivor's Month, and then May would be Days of Remembrance.
DF: I would actually recommend, even though there's two in April, that we stay with Holocaust
Remembrance Day is in April, and that's really the pinnacle of kind of like a lot of the activities
that we take, but we just have two in April.
DT: When are the City Council meetings in March, in April?
SB: In March they are the 5`h and the 19`h, and in April they are the 90' and the 23`x.
DT: So could we put the Days of Remembrance actually on March 19`h so that it predates the meeting
because otherwise it would be past the date since April 7"' is the... Is that a bad idea?
HO: Somebody would have to agree to go to the Council meeting for the proclamation.
KA: The last one? I mean it would be like the last meeting in March?
Page 8 of 23
SB: It would be the same meeting date as this Commission which is the 19t'.
KA: I'll do it, that's fine.
SB: And then what about for the 5th then for the Women's History? Does anybody want to, what
happens if nobody is there to accept; it's not read at the formal meeting and the mayor just signs
it. That's the difference between somebody being there and somebody not being there, and of
course I always have to mention this disclaimer that they are the mayor's proclamations and so
technically he could always decline a request to do one. I haven't seen that and I'm definitely not
saying that that is going to occur, but just want everybody to know that.
KH: What was the date of that one?
SB: It would be the March 50', which would be a Tuesday. Katie is doing the 19th.
KH: I can do March 5th.
SB: Thank you.
OT: So we have a motion and we have a friendly amendment so we have the assignments.
Motion passed (9 -0)
SEATS
HO: I asked this to be put on the agenda for two reasons. The city staff is recommending to the City
Council that in the upcoming budget that the half fares for the disabled and elderly in our
community be eliminated, and the half fares account for 90% of the rides that Seats users use.
Those are people that live at or below the poverty level, and I feel it's very discriminatory in one
sense, and I think again disenfranchising a group of people in our community that are suffering
already financially and don't need to have any more suffering. The other thing is that they are also
recommending elimination of Sunday service, which they don't have to provide. They only have
to provide it during the fixed route times. They do have to provide a paratransit system in the
community because we have fixed route systems, and federal laws says if you have fixed route
systems you have to have a paratransit system. But only have to stop during the times the fixed
route system operates, and we have those Sunday services with fixed route because Sunday for
paratransit has been kind of a gift in kind so to speak. I'd like us to take and send a message over
to the City Commission that we urge them not to eliminate the half fares.
DT: So you want to focus on the half fares and not necessarily the Sunday service?
HO: Well we could do both.
DT: If you had to pick one you though you would....?
HO: The half fares.
DT: Is more important?
KH: How much does it cost?
Page 9 of 23
HO: For a half fare its $1.00 one way or $2 roundtrip versus $4 for full fare.
DT: And fixed route services are still $1 per way correct?
HO: Right.
DT: I agree with you.
HO: The cost savings to the city if they eliminated the half fares are $120,000.
KA: Is that also eliminating Sunday or just the...?
HO: No, that's just for the half fare. They didn't come up with a figure for Sunday service.
DT: Is that just the city's portion or is that....
DT: In order to eliminate the half fare would the city and the county have to agree?
HO: No. The county is already agreed $100,000 in their budget, and that only will go down now
because the budget , it can't go up. The other thing to make you aware of is the average cost
of a ride in the city is $16 and some cents per one -way, so half fares they're only paying a dollar,
and a full fare is $2. The city is absorbing $14 or $15.
DT: Do city and county split it completely or does some of the money also come from like the federal
and state transportation money?
HO: My understanding is that there is no federal or state transportation money.
KH: And the county is phasing out of...?
HO: The county is going to take a phase out of subsidizing, what they're calling subsidy to the city of
Coralville and the City of Iowa City. This year they're giving Iowa City $100,000 and next year
it will be $50,000 and in 2016 it will be zero.
OT: It sounds like a half fare of SEATS is quite a bit less than any other mode of transportation that
would be available. Is that correct?
HO: No. It's equal to a fixed route. It's the same as an average person on the street would pay going
on a fixed route.
OT: I was just thinking as opposed to them eliminating it would be more advantageous to encourage
them to consider increasing the fare? Would that be feasible?
HO: The fare was just increased this last year. So I doubt they want to increase it again, it was July of
last year was increased.
DT: But this is basically increased on most of the customers?
HO: Yes. The half fare used to be $.50 and they increased it to $l. The full fare was $1 and they
increased that to $2.
Page 10 of 23
DT: But you said 90% of the people that ride it qualify for the half fare?
HO: Yes.
DT: So elimination of the half fare is just a fare increase basically.
OT: Would it be better for the individuals riding SEATS if they were to increase it again as opposed to
eliminating it?
HO: I'm sorry I don't understand your question.
OT: I guess what I'm saying is I hear you saying that they just increased the fare up to $1, $.50 to $1,
but now you're talking about eliminating the service?
HO: Well now they eliminate half fares which means that it would go from $1 to and $2 for one -way.
DT: What is the cutoff for qualifying for half fare, is it just the federal poverty line or?
HO: Well the application is in your packet and they asked for you to be either on Medicaid or food
stamp program, family investment program or supplemental security income.
DT: So it's a fairly high bar to meet, you have to be pretty dependent on okay. Yes I'm supportive.
Personally I think transportation should be free, but I think the half fares would be. I mean I
don't see why somebody that was disabled needs to pay more than _ somebody else to ride a
transit system. I mean it's a little more difficult for them to get to a traditional bus stop so.
HO: Could you put that in a form of a motion? I'd rather not because I've been personally involved in
this for some time now.
KH: I'm just curious. So is Coralville or University Heights involved in what's happening with
SEATS at all?
HO: Yes. Coralville the figures for them from the county this year is $50,000 and next year is
$25,000, and the third year will be zero. University Heights I'm not sure how that is handled
with the county, that hasn't come up. Coralville charges, they don't have a half fare in Coralville
for those riders that come out of Coralville. They pay full fare.
DT: I would move that, should it be in the form of just a recommendation to the council or what
would you like?
HO: I think in form of a recommendation to council.
DT: I would move that we recommend that the city maintain the half fare price as part of our
commitment to the disabled and elderly community of Iowa City.
KA: Second.
OT: Any discussion?
DT: I think it falls within a more traditional view of the Commission to support the rights of people to
live, but I also think that these people rely on it. I mean you need transportation around the city
Page 11 of 23
to get to work, to be a part of the economy, to be a part of the... go to the hospital. Putting it into
just the view of just the hospital if we increase the price of transportation that's a cost of going to
the hospital, we're increasing the price to these people of getting to the places they need to go for
medical care or just to be a part of Iowa City. So I think it's very important.
OT: We have a motion and we have a second. Roll call. Motion passed 9 -0.
Old Business:
Youth Awards (Tallon no longer present)
OT: Youth Award on May 15t'.
SB: Just a friendly reminder to get it on the calendar.
KH: When do we start marketing?
SB: I'm hoping that first full week in March because I believe March 1S` falls on Friday, so that first
full week in March.
JC: I have a query as we move into these old business agenda items. I did not see, and maybe there
isn't supposed to be, but any minutes or anything about meeting where we discuss these?
SB: Sure the meeting minutes actually are still in draft form and I have to go through them one more
time. The hope was to have them for today, but they're just in a raw form.
Iowa City Community School District's Diversity Policy (Harper not present)
JC: Well I think this is good continuing the issue. I don't think it's past this at all. The school district
has gotten themselves into quite a situation, but with respect to the state and the federal
government that regulates the free and subsidized school lunch. I had hoped to have some more
information and I think we ought to go ahead and try to get this information, that more
particularly is even finer grain than the information that we've gotten here about enrollment.
Enrollment by race, ethnicity, gender just by schools in Iowa City. either from
census tracks or again the state may or may not provide this because you have to, if you get too
fine a grain or get down too close you run the risk of identifying people. So there may be
restrictions on whether we can get it, but what I'm talking about is I'd like to get the free and
subsidized school lunch data by school. I think what you're going to find is what I've already
seen in some preliminary maps that the school board was using, that racial ethnic minority
enrollment _ subsidized school lunches are in the same place. The only real issue about getting it
is that if you start getting down to single _ schools for example, well I'll use a real example. If
we got say Lincoln School, which has very few minorities and very few federal, that maybe only
a handful of people like six people. That data should not be disseminated because it is too easy to
identify who those individuals are. So either the State Board of Education or anyone else is going
to, should not make that available.
OT: That sounds like the reply that I received or the Commission received in regards to
the other schools ACT scores. They're saying that the numbers were so low that they couldn't
release them because they'd run the risk of identifying.
Page 12 of 23
JC: You always have to, or I think we always should try to obtain as much good data as we possibly
can to make decisions and discussions based on facts. But that is one of the limitations is when
you get into race, ethnicity, social economic status and so forth, those ...
OT: Is there any way around the issue because that honestly seems like something...
JC: It can be, the way to get around it is to aggregate it. If you get into say an individual school
district that is so low that you run the risk then you just combine it, say the two adjacent or three
adjacent school districts.
OT: The thing that concerns me and it also amazes me is that this policy has been discussed on several
levels and it's been approved. But there is no indication...
JC: _ school district, it has not been approved by the state.
OT: I know but I'm trying to district, but it was approved and there is no clear indication as to,
you know where it's going. I mean it just came up and identified some areas that might you
know give some indication of what to work for, but it amazes me that they haven't been required
to give more specifics.
JC: Actually the letter from the state says you're going to have to come up with a different plan.
KH: The lawyer for the school district is saying that, that they can
SG: The language with the Iowa City Press Citizen Board has been in a closed meeting with the
officials from the school district. The language was the issue of concern because they used
minority in a way that means only social economics.
JC: diversity.
SG: Exactly, but they've been using it as a key for why they want redistricting and you know
distributing students across the district. So you don't have 100% say, it's not of course 100 %, but
the majority would be of one has children that do qualify for lunch assistance or they have issues,
whether it's learning issues or what have you. So all they've tried to do is to distribute it all over
the district so they are not concentrated. Like Roosevelt for example had a very high number of
students who are considered low economic _. Right get their free lunches, so that was the main
concern at least would be the discussion with the school district that they're using minority, but
minority doesn't mean that. I thought that was very confusing and vague, and also really wrong.
OT: So if they're trying to create or develop a better balance.
SG: Exactly, across the schools.
OT: Then that would be very nice in an ideal world, but to achieve that balance they're going to have
to impact the students that , transportation and things like child care, and kids that can
walk to school. Now they'll have to have parental presence, so I mean...
SG: It's a very controversial issue because many of the students say from one specific group or
another I mean economically. Impacted students want to stay in their own neighborhoods.
They don't want to be bussed away, and that will and so that's an issue that I don't know how
they can resolve it. They're trying to get equity, economic equity, but not diversity.
Page 13 of 23
OT: Obviously this is a very interesting topic. I guess what we probably need to do is is there
anything specifically that we have concerns about.
SG: Language.
OT: Do we want to take any specific action on it so you know.
JC: I think this is going to be a continuous thing and I agree with you Orville, but I think we should
take a step. These will be a series of steps as this issue evolves. It's still very fluid.
OT: Would it be appropriate Stefanie for us as a Commission to express concern to the school district
and request that they give us some indications of the impact that it's going to have on students
involved, and what actions they plan to take to like transportation and things like that. Is this
something we should be getting involved in?
SB: I think part of that question is probably so you know as of today it might be a little quick to
ask for that information when I think its forthcoming is my understanding even from the articles
that are in the packet.
OT: Can I make a suggestion?
DF: The thing that I would say is when I got calls from School Board members after the Human
Rights Commission made its statement, and what I've heard from why aren't we all sitting
down and talking in the sense of some of these things are explainable and some are not, those are
good ideas. I'm wondering if there might be something we can do proposing a joint meeting to
an Iowa City Human Rights Commission and the Iowa City School Board. For me it's about
racial equity, it's about redefining of language. So what we do on social economics I think has a
lot to do with our City Council it's done in the terms of housing policies. So I think it implicates
our city in lots of ways, but I'm wondering if we might want to do a roundtable discussion versus
kind of throwing letters back and forth.
JC: Well and I think this might compliment the need that I think we have of obtaining more data,
getting it directly from...
OT: I guess you know mistake and I agree with you Diane, but I was just thinking when it
comes time to figure out what is our role in this whole thing. I guess now that I think about it
maybe our role is to not over react, but to wait until something comes out and we have a
document that we can look at, and then let's look at that document and see how we feel about the
rights of students and whether they have been compromised or we can get a better picture of
maybe how we should react once we have something.
JC: I agree with you and I think that's ultimately what is forthcoming, but even before that I think
that we could either invite or however would be appropriate to express this is to sit down and
have a face to face meeting between the Human Rights Commission and the School Board about
this issue because we're concerned as a Commission about what may be some issues. We're in
need of information and rather than waiting until ... let's begin some discussions. Is that not what
you're suggesting?
DF: Yes. I think what happens now I remember I was quoted in the paper as something like let's
focus on educational outcomes or . So I started getting the calls from the _ and like you
Page 14 of 23
have no idea about educational outcomes, and there's going to be . Why didn't you sit
down and talk with us and .... and it's like hey great. So I'd almost like to say we'd love to sit
down and talk with you.
OT: Well you know and I
HO: I was just wondering Stefanie if we have a sort of meeting like that, do we have to announce to
the public as well correct? I wonder if we might not be better off having representatives of the
Commission, three representatives from the Commission meet with school board members.
DF: So not a quorum so that...
HO: Right.
SB: It would have to be on both sides because they would have an open meetings too. So it would
have to be like a subcommittee of the School Board also.
JC: I think that would be good.
DF: Representatives of both ....
SG: But then afterwards, after the two sides and those represented from both groups meet we're going
to have to talk about it here and that's public.
JC: That's alright.
OT: That is something basically we have to respect the that we get from them, but I think we can
handle that. I think the most important thing is that we have a comprehension of what's going on,
and in all fairness to them so that we're not making assumptions and things. Once we get that
information then we can decide you know with Stefanie's guidance what would be the
appropriate way to handle it.
DF: I'd make a proposal that the three of us who are interested in making that kind of a meeting that
we volunteer and then that group is a subcommittee and then bring the proposal back here for
what they believe will be the Human Rights Commission stance and or actions.
HO: I second that.
DF: action
SG: I'm thinking that before our three representatives go and meet with them, is that we actually as a
Commission articulate the questions that we would ask, as a group. Why are we meeting? I
mean you can go three and three and without an agenda, without any focus that may not be very
clear.
JC: Well it may be that we need to have more than one meeting because are they trying to, so little
information coming up with the right questions. We may need to a little hard to do.
OT: What we could do is I think Diane had a good recommendation, that we have a committee of
three that we appoint, the Commission appoints, that will basically coordinate this in terms of
getting together with the school district. That committee can basically get the questions that they
Page 15 of 23
feel; whatever you feel you need to do you can communicate with us and get feedback. But I
think the committee would pretty much coordinate it and get it set up. Is that what you're saying
Diane?
DF: And the people can see...
JC: Can you put that in a form of a motion?
SG: So you don't think we should have all of us together articulate these questions and then have
these questions taken by the three members?
OT: Yeah I'm not saying we shouldn't do that. What I'm saying is once the committee gets together,
if the committee wants feedback from the rest of the committee you can request that from us and
we'll give you that information in terms of questions that need to be presented. Are you saying
you want feedback from the whole Commission?
SG: No. What I'm saying is the Commission as a group discuss what are the questions we need
answered. Then the three member Commissioners would take these questions to the meeting
with the board.
JC: It might be premature however to try to make these questions if the absence of any dialogue. I
would like to have some more information from the School Board, and then bring it back to this
Commission, and then based on that information this group then articulate what the issues and the
questions they want answered. I'm agreeing with you, but I'm just saying it's a preliminary step;
at least I'm so much in the dark as to what may or may not be going on here.
KH: I think it's also an opportunity to gather more information for clarification. For instance, you
know the red flag one is that what about all these students are being bussed? Well we're already
bussing 40% of our students in the school district. So I mean some of it is just understanding
more about how they've come to make some of the choices that they've made, and gathering
more information and then bringing it back to the Commission. Maybe then there will be some
specific questions.
JC: I think we wouldn't waste time and get right to the point.
DF: I propose that Iowa City Human Rights Commission send a delegation. Well first we need to
approach the Iowa City, I propose that the Iowa City Human Rights Commission approaches the
Iowa City Community School District Board and ask that if a subcommittee comprised of three
members of ours and about three of there's could meet to help the Commission better understand
the diversity policy so that we can determine future actions if needed.
OT: Okay so it's been seconded, vote. Do we need Jessie's vote?
OT: So now we just need to get our subcommittee together.
DF: I would volunteer.
JC: I would volunteer.
HO: I'd like to see Jessie on the committee.
Page 16 of 23
OT: Let's wait because the politics of it you know, let's wait and see how he feels about it.
SB: Technically there could probably be four because five is a quorum. So three is fine and that's
how the motion was, but if you wanted to have like an alternate or something, then you could
have four. I think the school board is seven members, so they wouldn't have the same luxury.
You might want to do three on three just so that there's not overrepresentation.
OT: I'll serve as the alternate and when Jessie comes if he wants to do it I'm an alternate, and if he
doesn't then I'll probably take the slot.
Finnerty moved for the Commission to form a delegation comprised of three Commissioners to
meet with members of the School Board and then come back to the Commission with
recommendations concerning the diversity policy, seconded by Coulter. Motion passed.
7 -0. (Harper and Tallon not present for vote.)
Offsite Classrooms and Academic Achievement in Iowa City Community School District
JC: That's Jessie.
OT: Why don't we come back to that.
SB: And the proclamation too because that's why he's presently not here.
Updates/Reports:
African American History Month Proclamation
JC: That's what Jessie is doing.
Immigrant Subcommittee
Municipal Identification
KH: I don't have any current updates for those Commissioners who may have missed what was
decided at January's meeting. Gloria and I will be representatives of the Human Rights
attend some of the more solid meetings like the roundtable meetings and anything Robin or
anyone has so instead of pulling those leaders and inviting them to join another meeting. We will
be available similar to a listening post concept where we would just be there as representatives of
the Commission, and any questions or concerns back to the . We have not so
OT: Okay how about the identification?
SB: There's a memo in the packet that was from Geoff to the City Council. I highlighted it and
I can certainly read it. Staff will be directing the first recommendation related to municipal
identification cards to the Ad hoc Diversity Committee, which has briefly discussed this issue.
Therefore we recommend that the City Council wait for the final report. It's right after the
statistics.
DF: I've seen the draft of the Diversity Committee's report. Was this ID one of the recommendations
that came out of it? I don't think so.
Page 17 of 23
SB: This was dated January 24`h but.
DF: There's been a draft of the Ad Hoc Diversity Committee's report and I don't remember the
municipal ID was one of the recommendations that came out of that report.
JC: Well no, wait a minute. It must be, that issue must be included in our report that we will be
reading tomorrow.
DF: Okay. So the draft I saw is what I don't remember if it was or not so.
JC: It's not in the draft.
DF: May I express that the Diversity Committee meeting some members that we recommend that it is
in there.
JC: It's mandatory that it be in there yes.
OT: Well when are they planning ....
JC: If you take a look at our Ad Hoc then you will actually see it in the minutes in all the stuff that
was put in there. Our recommendations, which were together at tomorrow's meeting
include a requirement to make a recommendation or to second the recommendation in regard to
the municipal ID.
OT: I must have missed that.
JC: Well its right here.
OT: I guess basically there is quite a few things that we've talked about, but those things have just
been topics. Tomorrow we're working on final recommendations now, so I guess the issues we
need to make sure that this is one of the final recommendations.
JC: It's on our to do list I promise.
SB: Then just to finish up this memo. As to the signage it says that staff will be evaluating the
recommendations throughout 2013 and will consider such changes as part of the anticipated city
hall front lobby remodel, and as public information documents are produced.
DF: Were there other recommendations besides the municipal ID? I don't remember exactly.
KH: There were signage.
JC: Yes there are.
SB: In the December packet and I can resend that, but it actually went to certain departments.
DF: I remember reading them, but I guess since we've only gotten a response from the city on two of
the items. Is that accurate?
KH: Right.
Page 18 of 23
JC: What the city did was defer them and waiting the Ad Hoc Diversity Committee.
DF: Just the municipal ID question was deferred to the Ad Hoc Diversity Committee.
JC: But there's another one.
OT: I think what's going on is the Ad Hoc Committee as I see it is we've been meeting. We have two
committees, transportation and law enforcement, and the subcommittees have been working
together, and then we at the last meeting we started discussing you know finalizing our
recommendations. Then tomorrow we will continue doing that and so a lot of things have been
floating around. I think what it comes down to is tomorrow it's an open meeting, and I think
we're going to be finalizing the recommendations tomorrow. So this is one that definitely, if I'm
hearing right, you feel needs to be and if it's not there already it needs to be included.
DF: Yes and I was thinking, and this is why . Let's say there were five proposals that came
out of the Immigration Subcommittee, and what I see is addressing is two of the five.
SB: I think the recommendation said other additional languages as needed.
DF: I'm not speaking of anything I know because I thought the report said there's the ID, signage and
there's this and this.
KH: We asked that each of them be considered independently, so what she's saying is that they were
only responding to two recommendations.
DF: So what I don't have is the recommendations in front of me. I thought there were more than two,
and hearing the city respond to signage and municipal ID, which I think is great. I'm wondering
what's happened if there were other recommendations in the Immigration Subcommittee's report.
Who will be reviewing the other recommendations?
KH: Well one was staff training, that staff be trained on a language line, and ....
SB: So you're talking about the content in the?
OT: I think what the problem that we run into is that we've been given a lot of materials and a lot of
recommendations from the Ad Hoc Committee. The problem that we run into is we have to keep
our major focus on what our charge is and that's transportation, law enforcement. Some of the
things basically can fit directly into what our charge is, and I think what we're thinking about
doing is having a separate section of materials that aren't directly involved with our
responsibility, but we will be recommending to the City Council.
SB: She's referring to the Human Rights Commission subcommittee on immigration.
DF: It's less for me that with the Ad Hoc Diversity Committee is going to do, it's more for me about
how have the City Council members received our recommendations. They've delegated two of
them, which is great and I applaud that. One was delegated to the Ad Hoc Committee and one
was delegated to the staffing. I'm wondering what's happened, have the remaining
recommendations of this Commission subcommittee been...
Page 19 of 23
SB: I'll check on that. I understand what you're saying. I'm not sure how this filtered down so I'm
not sure if the memo was Geoff sending the memo out as staff or if he was directed to from the
Council. So that's, I understand what you're asking, so that's just more information that I'll have
to get. You're talking about the Immigration Subcommittee's report? They were numbered and
there might have been confusion, but I'll follow up on that so.
OT: Okay now we need to back up. (Jessie Harper returns) We have a subcommittee to
communicate with the school district about the Diversity Policy, and you were selected for that
committee. Are you interested in being on the subcommittee?
JH: Yes.
OT: Then we have the African American History Month proclamation.
JH: Yes that's what I just
OT: Moving back Offsite Classrooms and Academic Achievement, I think that was yours.
JH: The best thing I can say right now is I need more time to look at the data that we have. Along
with what has been provided to us and then also just some general stats. But would it be okay or
acceptable for Commissioners to talk with each other about it?
SB: The problem is if you get into too many and then you have a meeting that needs to be public. So
as long as you're four or under you're okay. That's the issue, and that would include email too so
don't, if you send an email to eight Commissioners that's going to pose a problem so four is the
magic number.
JH: Okay thank you.
Building Communities
OT: We had our meeting at the library and had a decent turnout. We explained to the individuals
participating what we were trying to do and answered their questions. We informed them that if
they were willing and interested in continuing that we would be basically scheduling another
meeting in the near future. What I've done Stefanie is we've sent emails to our young black
professionals working in the district, in the area of Iowa City, and we asked them to give us
feedback on what they felt were the top five issues that needed to be addressed. When we get all
that information we will compile that, and then we'll be calling another meeting of the whole
group to see how many are interested in going the distance with us, and then we'll share that with
them and see how they feel we ought to proceed. That's where we are to date with that
committee. I was pretty pleased with the meeting, how about you Jess?
JH: Yes I think the meeting went well. The turnout was good and individuals were up to what we
were discussing. A lot of people signed up and were interested in the topic and want to see the
community grow in Iowa City.
University of Iowa Center for Human Rights
OT: I wish I could report more. A press release is coming out this week to give the information on
what's going on, but we're very pleased with what Provost Butler has offered. I can say that the
Page 20 of 23
Law School is going to be involved with it, and that's about all I can say at this time. We just
don't want to upstage Provost Butler.
Reports of Commissioners (Finnerty not present)
SG: I don't know if this is something that we can address or not, but we'll talk about it anyway. I was
approached by, well I'm on the ACLU Iowa as you know for the directors, and we're working
hard on issues of shackling and restraints of pregnant inmates. That's a hot topic right now.
We're trying to get it into law rather than just administrative rules. So I don't know, I mean in
my humble opinion this is a human rights issue, and I don't know how we can get involved or if it
is appropriate at all. I think this is just outrageous what's happening.
HO: Is this being done at the jail or at the prison?
SG: Both, jails and prisons. It is left up the staff and department of corrections to make these
decisions. I think it's just outrageous and I think we need to put pressure on the state and locally
too to have this stopped. I personally today wrote an email to Senator Dvorsky, who is the one
apparently sort of taking his very cautious time making a final decision regarding that's
already in place. I called and left him a message too, but I think this is something we should
consider addressing.
JC: Do you have involvement with the state department in regard to this?
SG: No.
JC: I would recommend that you do because I'm on one of their Commissions, and we had that
concern with Native American affairs. We regularly discuss treatment of native prisoners and
their ability to practice their spiritual... possession of feathers and. Again it's a very similar kind
of thing where there is not, it's often left to the discretion of the and there are abuses there.
I would recommend that in addition to whatever we might want to participate that you avail
yourself.
JH: I would just like to express that I am very proud to be on the Commission, and I'm very excited
in the direction that we are going as the new year approaches, new items, excited to get
some work done.
OT: Any other comments from Commissioners?
HO: I have an article that appeared in the UI Alumni magazine for education about David Brown who
is one of our former Commissioners, so I thought I'd share it.
JC: I've passed around these inserts with some information I've pulled off of enrollment reports that
Stefanie provided us with. I would just point out that if we become interested in things like the
school diversity policy, that there have been some real changes here. If you look at the African
American enrollment. Well first look at the five year enrollment, its declined by 700 and
something, that the Black African American enrollment is more than doubled. The Hispanic
Latino has quadrupled, and over here on the far right in the lower line where it says MLP and PI,
that's the new designation. You're allowed because all of this is self - designation, MLP stands for
multi - racial and PI stands for Pacific Islander. I just combined those two, but on the sheets those
are actually treated separately.
Page 21 of 23
JH: I was wondering what is a multi - racial what is?
JC: It's self - identification. I could easily you know I'm _ American Indian, but I'm white. Well
when I self - identify I always do American Indian, but I could just as easily and justifiably or you
could say you're white. It's self - identification that's what it is, and you don't have to have a
card or nothing. If you say you're multi - racial that's one of the things you could do.
Reports of Staff
SB: I just want to mention some programing that staff is working on. One is one that has been
growing for a long time, and another is a newer one. On April 2 °d there will be a Leam Over
Lunch at the Iowa City Public Library, meeting room A. It will be a program that's entitled US
Department of State Hometown Diplomats. So there's actually a person who currently works for
the Department of State and he's currently in South Africa, but his hometown is Iowa City so he's
coming back to talk more about what he does and about what the Department of State does. That
will be April 2nd and from 12:00 -1:00, bring your own lunch. The date hasn't been determined
for this spring, but for the newer Commissioners usually or generally the Commission sponsors a
job fair twice a year, and it is a job fair that is designed for people who are unemployed or
underemployed, so it's not your university job fair. People may have GED's, spotty work
histories, a history of incarceration. It's an opportunity to match job seekers with potential
employers. Before the economy declined at our height we were looking at 45 employers at the
job fair. Over the last few years 25 is a good number since we don't see the high number
anymore. The types of jobs have also changed. A lot more temporary agencies come now, and a
lot of places not offering, I don't like to say permanent job placements because any employer
would tell you they have no permanent jobs. You know temp work versus somebody actually
being hired for a long duration at will. That will be coming up in April probably towards the end
of April, and so we are currently having planning meetings for that and trying to get employers
lined up.
HO: Where will that be this year?
SB: Eastdale Plaza and the employers pay a registration fee, which covers the renting of the tables and
chairs and advertising and things like that. It's a very well- attended event and we try to do help
with resumes. You know talking to an employer and what questions to ask. How to explain a
spotty job history or explain a criminal record, things of that nature.
OT: I have a couple of questions in the packet here; new organization at the U of I. Since they are a
new organization and they reached out to us, would it be appropriate to extend an invitation for
them to maybe have a representative attend one of our meetings or how do we want to address
this email? I think we should do something.
SB: I think that's what they were looking for. I invited them to this meeting because there are you
know opportunities to speak of items not on the agenda. I'm not sure; I think they kind of were
looking for more of an invitation. I can certainly ask them to come, and it still doesn't necessarily
have to be an agenda item. Somebody can speak for five minutes under the bylaws on something
that is not on the agenda. The problem with that process is you really couldn't engage them in
conversation. So if you thought you want to engage or have a discussion, then it's probably
better to place them on the actual agenda.
OT: I guess another approach is you know it would be appropriate that if they wanted us to, you know
one of our representatives attend one of their meetings? Would that be appropriate?
Page 22 of 23
SB: Yes and I can do that too. How this came I gave a presentation to the University Human Rights
class. One of the students was a member of this organization and that's kind of how they became
familiar with the Human Rights Commission and wanted to reach out to the Commission.
OT: One of the goals for this year is to have short meetings, so if no one has anything.
HO: I move we adjourn
JC: Second.
OT: All those in favor ... Motion passed (7 -0). (Finnerty, Tallon absent)
Adjournment: 19:31.
Next Regular Meeting — March 19, 2013 at 18:00.
Page 23 of 23
Human Rights Commission
ATTENDANCE RECORD
YEAR 2012/2013
(Meeting Date)
KEY: X = Present
O = Absent
O/E = Absent/Excused
NM = No meeting
- -- = Not a Member
TERM
4/17/
51151
6/19/
7/17/
8/21/
9/18/
10/16
11/20
12/18
11151
1/28/
2/19/
NAME
EXP.
12
12
12
12
12
12
/12
/12
/12
13
13
13
Diane
1/14/14
X
X
X
O/E
X
O/E
O/E
X
X
O/E
X
X
Finnerty
Orville
1/1/14
X
X
X
X
X
X
X
X
X
X
X
X
Townsend,
Sr.
Dan Tallon
1/1/14
-
-
-
-
X
X
X
O/E
X
X
X
X
Kim
111115
X
X
X
X
O/E
X
X
X
X
X
X
X
Hanrahan
Shams
111115
X
X
X
X
X
X
O/E
X
X
O/E
O/E
X
Ghoneim
Jessie
1/1/15
-
-
O/E
X
X
O/E
X
O/E
X
X
X
X
Harper
Katie
1/1/16
-
-
-
-
-
-
-
-
-
X
X
X
Anthony
Joe D.
1/1/16
-
-
-
-
-
-
-
-
-
X
X
X
Coulter
Harry
1/1/16
X
X
X
X
X
X
X
X
X
X
X
X
Olmstead
Connie Goeb
1/1/13
X
O/E
O/E
X
X
X
X
X
X
-
-
-
Howard
1/1/13
X
O/E
X
O/E
X
O/E
X
O/E
O/E
-
-
-
Cowen
David B.
1/1/14
O/E
R
R
R
R
R
R
R
R
-
-
-
Brown
Henri
1/1/14
R
R
R
R
R
R
R
R
R
-
-
-
Harper
KEY: X = Present
O = Absent
O/E = Absent/Excused
NM = No meeting
- -- = Not a Member
4b(6)
PLANNING AND ZONING COMMISSION APPROVED
MARCH 4 — 5:15 PM — INFORMAL
EMMA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Carolyn Stewart Dyer, Charlie Eastham, Anne Freerks, Phoebe
Martin, Paula Swygard, John Thomas, Tim Weitzel
MEMBERS ABSENT: None
STAFF PRESENT: Bob Miklo, Sarah Walz, Charlie Cowell, Sarah Holecek
OTHERS PRESENT:
RECOMMENDATIONS TO CITY COUNCIL:
None.
CALL TO ORDER:
The meeting was called to order at 5:15 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was none.
Comprehensive Plan
Public hearing on an amendment to the Comprehensive Plan to adopt an update to Iowa
City's Comprehensive Plan: "Iowa City 2030."
Walz explained that the Commission will take any public comment they get at the March 4th
meeting and possibly the two meetings after that. She pointed out the future land use map,
which was created by pulling from all the district plans. She said it's always the district plan that
should be looked to as to what should happen on a specific piece of land. She said it's noted in
the plan itself to refer to the district plans. She said now, before it goes to City Council, is the
time for people to advocate for changes.
Comprehensive Plan / Rezoning Item
A public hearing to amend the Comprehensive Plan - South District Plan to change the
land use designation from Multifamily to General Commercial for property located at the
southeast corner of the intersection of Highway 6 and Broadway Street.
REZ13- 00005: Discussion of an application submitted by Casey's General Stores, Inc. for
a rezoning from Commercial Office (CO -1) zone to Community Commercial (CC -2) zone
for approximately 2.31 -acres of property and to amend the Conditional Zoning
Planning and Zoning Commission
March 4, 2013 - Informal
Page 2 of 7
Agreement for 1.3 -acres of property currently zoned CC -2 located at the southeast corner
of the intersection of Broadway Street and Highway 6.
Miklo said they have met with the applicant and were anticipating a revised plan before Friday,
but haven't received it. Miklo said staff is going to recommend some changes for the existing
Conditional Zoning Agreement (CZA) that applies to the western part of the property that's
already zoned Community Commercial (CC -2). He said after speaking with the police and the
applicant staff would like to change the previous fencing requirements that called for a solid
masonry fence to a wrought iron fence that allows more visibility, along with low shrubs and
fewer evergreens. He said there may be changes to the whole property rather than just the east,
as had previously been discussed.
Freerks asked if that would affect the minimum screening standards. Miklo replied that they
have to meet the minimum standards.
Rezoning Items
REZ12- 00032: Discussion of an application submitted by Dealer Properties for a rezoning
to amend the Sensitive Areas Development Plan to allow a reduction in the previously
approved wetland buffer on property located at 2845 Mormon Trek Blvd (west of the
intersection of Dane Road and Mormon Trek Blvd).
Cowell explained that there is a previous sensitive wetlands area, which extends into outlot E,
the subject property. He said the applicant wishes to extend the parking lot in the buffer area in
outlot B by using buffer averaging. He said when the subdivision was previously approved, there
were mitigation measures that were supposed to be put in place, but they were overlooked. He
said staff is recommending that they meet these mitigation standards before extending into the
buffer area.
Freerks said that even if it was another owner who failed to meet the mitigation standards, those
standards are conveyed with the land. Miklo said that the former owner did not install the
wetland mitigation improvements that were required. Freerks asked who checks that these
requirements are met. Miklo explained how this situation came to be, which was basically that
the developer forgot to do it, and it slipped through the cracks.
Eastham asked if the staff at the City did not understand that the mitigation had not been done
when the applicant applied. Miklo said they did not.
Freerks said it might be interesting to have an idea how this can be prevented in the future and
asked staff to look into it.
Eastham asked if he is correct in thinking that the request in this application is to reduce a
wetland buffer area. Miklo said he is correct. It was discussed that even with this reduction in
wetland buffer, the buffer would be more than is required.
Martin asked what the wetland mitigation is that they need to do. Miklo said there are invasive
species of plants, so topsoil will have to be removed before putting in new topsoil and plant
wetland species of trees and grasses.
Eastham asked if the applicant had knowledge of this "forgotten" mitigation. The Commission
thought that when you buy property, that's something you should know.
Planning and Zoning Commission
March 4, 2013 - Informal
Page 3 of 7
ANN 13- 00001 /REZ13- 00002 /REZ13- 00003: Discussion of an application submitted by
Allen Homes for an annexation and a rezoning from County Residential (R) zone to Low
Density Multifamily (RM -12) zone for approximately 2.0 -acres of property, and a rezoning
from Low Density Single Family (RS -5) zone to Low Density Multifamily (RM -12) zone for
approximately 2.83 -acres of property for a total of 4.83 -acres of property located at the
northeast corner of Scott Boulevard and American Legion Road.
Miklo said this application, if approved, would make these two parcels of land Low Density
Multifamily (RM -12). He said the Comprehensive Plan does show that northeast corner as being
appropriate for multifamily. He said the concept plan submitted by the applicant basically follows
the ideas in the Comprehensive Plan. He said American Legion Road is not improved as an
arterial, so staff is recommending that the applicant pay a fee toward the construction of the
road, or twelve percent of the cost. He explained how they arrived at that fee. He said staff
would want the applicant to build a temporary sidewalk on American Legion Road, and when
the City rebuilds the road, it would put in the full sidewalk to City standards.
Freerks asked about the easement. Miklo explained that it would be in the right -of -way or on the
applicant's property within an easement. He said on Scott Boulevard staff would recommend
that the applicant put in an eight foot sidewalk as part of this development, and the City would
then pay for the oversize cost, which is three feet of that sidewalk.
Eastham asked about the side distance from the access street to the corner of Muscatine and
Scott. Miklo said the Transportation Planners said this would be a reasonable place to put a
public street as shown on the concept plat.
Martin asked if there would be a stop light on that corner. Miklo said it is planned for. He said
staff anticipates the property to the east would develop, according to the Southwest District
Plan, with town houses and eventually shifting to single family. He said what the City wants is
the sixty foot right of way along the property line.
Martin said the speed limit increases to 55 mph on American Legion Road when you cross over
Scott Boulevard and asked if that would be affected. Miklo responded that he expected it to be
reduced to 25 or 35 mph. He said would happen when annexation occurs.
REZ13- 00006: Discussion of an application submitted by The Crisis Center of Johnson
County for a rezoning from Public (P) zone to Intensive Commercial (C11) zone for
approximately .78 -acres of property located at 1105 S. Gilbert Court.
Miklo explained that the property is zoned Public (P -1) and is owned by the county. He said the
county is transferring the property to the Crisis Center and other social service agencies. He
said staff feels Intensive Commercial (C11) is the most appropriate, as that is on three sides of
the property. He said it is also the most consistent with the neighborhood Comprehensive Plan
for the area.
REZ13- 00007: Discussion of an application submitted by The Rose Company for a
rezoning from Intensive Commercial (CI1) zone to Community Commercial (CC2) zone for
approximately 2.12 -acres of property located south of Highway 1, east of Ruppert Road.
Miklo said this is an area where the Comprehensive Plan encourages more Community
Commercial (CC2) and less Intensive Commercial (C11) zoning as the uses within the CC2 zone
Planning and Zoning Commission
March 4, 2013 - Informal
Page 4 of 7
would be more appropriate than the light industrial type uses allowed in the C11 zone. He said
there are some issues with no sidewalks on either Highway 1 or Ruppert Road. He said as a
condition of this application, staff is recommending that the walkway from the highway be
installed and the sidewalk be extended on the western frontage of this property. He said staff
recommends that the applicant pay for the cost of the sidewalk along Highway 1, which would
be installed when the City does improvements along the south side.
REZ13- 00008: Discussion of an application submitted by JMK Holdings LC — The Vine
Tavern for a rezoning to designate approximately .08 -acres of property located at 529 S
Gilbert Street as a Historic Landmark.
Miklo said this property was reviewed by the Historic Preservation Commission last week and
they determined that it did meet the criteria for local landmark designation. He said the applicant
is also working to get this property listed on the National Register of Historic Places. He said the
Planning and Zoning Commission's charge is to look at this in the context of the Comprehensive
Plan. Miklo said this area is included in the Riverfront Crossings District, which acknowledges
that there are a few historic buildings left in this neighborhood, and it's important to incorporate
those into the redevelopment of the neighborhood.
Miklo said the designation as local landmark puts restrictions on the property in that any
extensive exterior renovations would require the approval of the Historic Preservation
Commission and would also require their approval for demolition of the building. He said the
benefits of the designation are that the Zoning Code, in order to encourage the reuse of
buildings, has a special exception provision that the Board of Adjustment can waive certain
zoning requirements such as parking standards and setbacks.
Martin asked about imminent plans for the building. Miklo said the owners want to convert it to
efficiency and one - bedroom apartments, and in order to do that, they have to provide parking or
a waiver through the Board of Adjustment.
County Subdivision Item
CZ13 -00001 / SUB13- 00003: Discussion of an application submitted by S &G Materials for
a rezoning from County Agricultural (A) zone to County Light Industrial (ML) zone and a
final plat of The Sandlot, a 1 -lot, 16.68 acre industrial subdivision located south of 4059
Izaack Walton Road SE.
Cowell said this property falls within the City fringe area but outside growth boundaries, so City
Council can comment on the zonings of these properties according to the Iowa City and
Johnson County Fringe Area Agreement. He said the application is currently operating on a
temporary use permit for sand and gravel recycling, and their request is for a rezoning to County
Light Industrial (ML) so they can do those operations on a permanent basis without having to
reapply for a Conditional Use Permit as it expires.
Freerks asked how long they had been at temporary status. Cowell replied that they first applied
for the recycling permit in 2010, and they have been under conditional use since 2000. He said
the property does fall in the floodway, and building permits for new structures are unlikely to be
issued. He said staff recommends forwarding a letter to the County to approve the rezoning,
and if it were to be approved, there would be a subdivision that staff is also recommending be
approved.
Planning and Zoning Commission
March 4, 2013 - Informal
Page 5 of 7
Eastham asked if the staff thought that this use or any other permitted use would have
deleterious effects upon any residential area that's within the City limits or future City limits.
Miklo responded that it's highly unlikely that this will be annexed as a growth area, and there is
no one living near here.
Dyer asked if there was a risk because of the flood plain. Miklo replied that was their concern
with the Light Industrial Zone. He said almost all the uses allowed in a light industrial zone other
than this type of use requires some type of building, and the County will not issue a permit.
Cowell added that the permit they are using right now has conditions that once they cease the
recycling they will have to take mitigation measures to restore the land.
Martin asked how long they have been doing this. Cowell said they got their permit for their
sand and gravel operations in 2000, and in 2010 they started the recycling operations, which
required a temporary use permit. Miklo said there is a difference in that the sand and gravel
operation is extracting the material and the equipment on the site that processes that material is
what necessitates the industrial zoning. He said they also recycle concrete, and that's not
something the County allows in the Agricultural zone except on a temporary basis. He said the
County requires the rezoning to allow this use on a permanent basis.
Dyer asked if this sort of recycling wouldn't leave toxic materials in the floodway. Miklo said it
requires DNR approval. Dyer said she thought they were limited in their abilities to enforce their
regulations these days.
Vacation Item
VAC13- 00002: Discussion of an application submitted by Christian Retirement Services,
Inc. for a vacation of the public right -of -way located on George Street between Benton
Street and Oakcrest Street.
Miklo reminded the Commission that there was a rezoning application on this property in 2012
that was approved. He said the proposal includes the skywalk connecting the proposed building
to the existing one. He said in order to make use of the public right of way, the City Attorney has
determined that vacation of that right of way must occur. He said the vacation would start twenty
feet above grade so it wouldn't interfere with normal use of the street. He said this vacation
would help improve circulation in the area, and the staff recommends approval.
Dyer asked why this didn't come up when the property was rezoned.
Miklo said in the past skywalks have been approved as a temporary use of the right of way, but
there is some question of whether this is temporary and therefore vacation of the air rights is
proposed.
Code Amendment Items
Discussion of an amendment to Title 14: Zoning Code to allow multi - family dwelling units
to be located on or below the street level floor of a building by special exception in the
CB -5 Zone for buildings designated as Iowa City Historic Landmarks.
Planning and Zoning Commission
March 4, 2013 - Informal
Page 6 of 7
Miklo said this would be expanding a provision that is currently in the Code. He said the
ordinance is designed to allow some flexibility for historic buildings, but to prevent buildings on
commercial streets from being converted to residential on the ground floor. He explained the
requirement that apply to buildings that could apply for this exception. He said this applies to
several buildings in the Riverfront Crossings area.
Discussion of amendments to Title 14: Zoning Code to modify the process for delineating
regulated woodlands and providing more flexibility to count preserved trees and
woodlands toward any tree replacement or mitigation requirements.
Miklo explained that current ordinance works by identifying the woodlands that are going to be
saved and then you create a fifty foot buffer around that woodland to prevent root damage by
excavation. He said there's no credit for those trees in that buffer. He said this proposal offers
an alternative that if a developer wants to do a detailed tree survey they would identify the drip
line or root zone of the trees to be preserved, which would likely be less than fifty feet. He said
this amendment would also allow credit for other trees on the property that are being preserved.
Eastham asked what generated the staff's interest in this issue. Miklo replied that it had been on
staff's list for some time based on some of the projects that have gone through the sensitive
areas review.
OTHER
ADJOURNMENT:
Eastham moved to adjourn.
Martin seconded.
The meeting was adjourned on a 7 -0 vote.
Z
O
F)
U)
U
Z_
Z
N
Z
Z
Z
J
a
O
W
W
Z
D
Z
W
I-
E
VII
s
Z
H
W
W
O
V-
N
X
X
X
X
X
LLJ
D
X
NXXXXXXX
NXxxxxxx
--
XXXXXX
ti
lxxxxxxx
�xxxxwXX
XXXXXXX
M
N
x
x
x
x
x
x
x
j
X
X
X
W
0
X
X
X
0
0
X
X
X
X
x
0
LO
,-XXXXXXX
0xxx0
Go
v-XXXXXXX
e-
Go
oXXXXXWX
•-
O
o
X
X
X
X
X
X
X
r
XXXXXXX
coxxxxxx�
T-XXXXXX-
X
X
X
;
X
X
co
cooXXX0
(o(Dm
--Lo
0
0)
!--Xxxxxxx
ti
LO
U')
M
m
M
LO
LO
gxxxxxxo
ui
W
X
X
X
x
X
X
X
0
0
4
m
Q
m
oo
-
Z
X
X
X
X
X
X
X
W)
UQYZQNw
QN
cn
Q�
2
I-
w
�- X
o
o
o
o
o
o
o
W
W
�-QZUJ
J
0gu CLo�
=
Q
2
CL
0
V4ZQyW
Y
2
Q
Q
S
w
Z
a
Q
W
LL.
2
U)
�
0
Z
p
W
W
MXXXXXXX
NXXXXXXX
--
XXXXXX
r
�xxxxwXX
M
N
x
x
x
x
x
x
x
r
0
0
X
X
X
X
x
0
�0
0xxx0
�xxxxxxo
MXXXXDXD
ti
��XXXX00
�
XXXXXXX
MXXXXXXx
X
X
X
;
X
X
X
CV)
2w
(o(Dm
--Lo
M
w m
�X0000000
LO
U')
M
m
M
LO
LO
W
W
Q
Z
WZ
0
0
4
m
Q
m
oo
-
UQYZQNw
QN
w�HW�w2
Q�
2
I-
w
Q�
Q�
L)
X
W
aQ
.n .n
aQa
u u n
xoO
w
Y
r
® CITY OF IOWA CITY 4wb�(
IN Jeftw�liq-64 a MEMORANDUM
Date: April 3, 2013
To: Mayor and City Council
From: Bob Miklo, Staff Member of Planning & Zoning Commission
Re: Recommendation from Planning & Zoning Commission
At their March 7, 2013 meeting the Planning & Zoning Commission made the following
recommendation to the City Council:
The Commission voted 6 -0 to recommend approval of ANN13- 00001 /REZ13- 00002 /REZ13-
00003 for an annexation and a rezoning from County Residential (R) zone to Low Density
Multifamily (RM -12) zone for approximately 2.0 -acres of property, and a rezoning from Low
Density Single Family (RS -5) zone to Low Density Multifamily (RM -12) zone for approximately
2.83 -acres of property for a total of 4.83 -acres of property located at the northeast corner of
Scott Boulevard and American Legion Road with the six conditions as laid out in the staff memo:
1. There will be payment of fees for the street improvements to American Legion Road as
spelled out in the subdivision regulations.
2. There will be installation of an eight foot wide sidewalk on Scott Boulevard, with the City
paying for the oversize cost, or three feet of that sidewalk.
3. There will be installation of a temporary sidewalk along American Legion Road until such
time American Legion Road is reconstructed by the City when the permanent sidewalk
is installed.
4. There will be installation of a public right of way built to City standards along the eastern
property line.
5. Approval of the development plan for the subject property by the design review
committee.
6. The additional right of way will be dedicated to the City for improvement of Scott
Boulevard and American Legion Road.
The Commission voted 6 -0 to recommend approval of REZ13 -00006 to rezone approximately
.78 acres of property at located at Gilbert Court from Public (P -1) to Intensive Commercial (CI -1)
The Commission voted 6 -0 to recommend approval of REZ13 -00007 a rezoning of
approximately 2.12 acres of land located at the south east corner of Ruppert Road and Highway
1 West from Intensive Commercial (CI -1) to Community Commercial (CC2) subject to the
Conditional Zoning Agreement that requires construction of a sidewalk on Ruppert Road and
payment of fees towards the construction of a future sidewalk on Highway 1.
The Commission voted 6 -0 to recommend approval of REZ13 -00008 an application to designate
529 S. Gilbert Street as an Iowa City Historic Landmark.
The Commission voted 6 -0 to recommend approval of CZ13 -00001 / SUB13- 00003: for a
rezoning from County Agricultural (A) zone to County Light Industrial (ML) zone and a final plat
of The Sandlot, a 1 -lot, 16.68 acre industrial subdivision located south of 4059 Izaack Walton
Road SE
April 3, 2013
Page 2
The Commission voted 6 -0 to recommend approval of VAC13- 00002, a request to vacate
eighteen hundred square feet of air rights above the George Street public right of way as well as
below grade right of way subject to staff approval of the design of the skywalk.
The Commission voted 6 -0 to recommend approval of amendments to Title 14: Zoning Code to
modify the process for delineating regulated woodlands and providing more flexibility to count
preserved trees and woodlands toward any tree replacement or mitigation requirements.
Additional action (check one)
No further action needed
Board or Commission is requesting Council direction
X_ Agenda item will be prepared by staff for Council action
S:RECform.doc
PLANNING AND ZONING COMMISSION APPROVED
MARCH 7 — 7:00 PM — FORMAL
EMMA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Charlie Eastham, Anne Freerks, Phoebe Martin, Paula Swygard,
John Thomas, Tim Weitzel
MEMBERS ABSENT: Carolyn Dyer
STAFF PRESENT: Bob Miklo, Sarah Walz, Charlie Cowell, Sarah Greenwood
Hektoen
OTHERS PRESENT: Mary Gravitt, Wally Pelds, LeAnne Krell, Scott Pottorff, Nate
Herbst, Roxanne Bohlke, John Rummelhart, Vicki DeBono, Janel
Chung, Jesse Allen, Becci Reedus, Doug Ruppert, John Shaw,
Pat Heiden
RECOMMENDATIONS TO CITY COUNCIL:
The Commission voted 6 -0 to recommend approval of ANN13- 00001 /REZ13- 00002 /REZ13-
00003 for an annexation and a rezoning from County Residential (R) zone to Low Density
Multifamily (RM -12) zone for approximately 2.0 -acres of property, and a rezoning from
Low Density Single Family (RS -5) zone to Low Density Multifamily (RM -12) zone for
approximately 2.83 -acres of property for a total of 4.83 -acres of property located at the
northeast corner of Scott Boulevard and American Legion Road with the six conditions
as laid out in the staff memo:
1. There will be payment of fees for the street improvements to American Legion
Road as spelled out in the subdivision regulations.
2. There will be installation of an eight foot wide sidewalk on Scott Boulevard, with
the City paying for the oversize cost, or three feet of that sidewalk.
3. There will be installation of a temporary sidewalk along American Legion Road
until such time American Legion Road is reconstructed by the City when the
permanent sidewalk is installed.
4. There will be installation of a public right of way built to City standards along the
eastern property line.
5. Approval of the development plan for the subject property by the design review
committee.
6. The additional right of way will be dedicated to the City for improvement of Scott
Boulevard and American Legion Road.
The Commission voted 6 -0 to recommend approval of REZ13 -00006 to rezone
approximately .78 acres of property at located at Gilbert Court from Public (P -1) to
Intensive Commercial (CI -1)
The Commission voted 6 -0 to recommend approval of REZ13 -00007 a rezoning of
approximately 2.12 acres of land located at the south east corner of Ruppert Road and
Highway 1 West from Intensive Commercial (CI -1) to Community Commercial (CC2)
Planning and Zoning Commission
March 7, 2013 - Formal
Page 2 of 18
subject to the Conditional Zoning Agreement that requires construction of a sidewalk on
Ruppert Road and payment of fees towards the construction of a future sidewalk on
Highway 1.
The Commission voted 6 -0 to recommend approval of REZ13- 00008, an application to
designate 529 S. Gilbert Street as an Iowa City Historic Landmark.
The Commission voted 6 -0 to recommend approval of CZ13 -00001 / SUB13- 00003: for a
rezoning from County Agricultural (A) zone to County Light Industrial (ML) zone and a
final plat of The Sandlot, a 1 -lot, 16.68 acre industrial subdivision located south of 4059
Izaack Walton Road SE
The Commission voted 6 -0 to recommend approval of VAC13- 00002, a request to vacate
eighteen hundred square feet of air rights above the George Street public right of way as
well as below grade right of way subject to staff approval of the design of the skywalk.
The Commission voted 6 -0 to recommend approval of amendments to Title 14: Zoning
Code to modify the process for delineating regulated woodlands and providing more
flexibility to count preserved trees and woodlands toward any tree replacement or
mitigation requirements.
CALL TO ORDER:
The meeting was called to order at 7:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
Mary Gravitt of 2714 Wayne St. said she was here to get information about the property at
Gilbert and College Streets. She said a twenty story building there is inappropriate because it
borders on the historic and protected neighborhoods. She wanted to know if it had been zoned
yet and what category and class.
Miklo said the current zoning is Public (P). He said with the course the City Council has set, it
would be zoned Central Business (CB -10). He said the City has received a request from other
parties requesting that it be zoned Central Business Support Zone (CB -5). He said that is likely
to be on the Planning and Zoning Commission's agenda April 4 th
Gravitt asked if the preamble in the City Code has anything to do with the Code or is it a
separate entity. Freerks said the Commission refers to the Comprehensive Plan often and
recommended that Gravitt read through it.
Comprehensive Plan
Public hearing on an amendment to the Comprehensive Plan to adopt an update to Iowa
City's Comprehensive Plan: "Iowa City 2030."
Miklo said the last update of the Comprehensive Plan was in 1997 and is due for some revision.
He explained what the Plan is, what it addresses, and what it is used for. He said in terms of
future development, there is a land use plan associated with the Comprehensive Plan. He said
Planning and Zoning Commission
March 7, 2013 - Formal
Page 3 of 18
in 1997 the city was divided into sub - areas, and detailed plans for all but two of these areas
have been done. He said with the updated Plan, staff proposes that the District Plans continue
to be part of the City's official documents and plans to guide preservation and new
development. Miklo said the Comprehensive Plan consists of the District Plans, the Riverfront
Crossings and the Downtown Development Plan, the Towncrest Plan, the City Steps Plan, the
Historic Preservation Plan, among others.
Walz gave a presentation on how and why this update to the Comprehensive Plan has
changed. She said this update does not contain huge changes from the policies of the 1997
Plan, but it does recognize that while the City has made tremendous progress in some areas,
other areas need to be worked on, and there are new challenges. She said they made changes
based on the Downtown and Riverfront Crossings planning processes, the District Planning
processes, and the two Comprehensive Planning Workshops that were held to get the public's
input, and the Good Ideas campaign on the Internet. She said this update has a focus on
sustainability as defined by the environment, society and economics.
Walz showed a list of things that are consistently liked by the public. She said the small town
feel with the big city attractions sums it up for what many people like about Iowa City. She said
the cover of the update is based on the words people used when they talked about what they
liked about Iowa City. She said the a major challenge identified by the public was economic
development, which includes a desire for new start-ups, helping local businesses grow, better
cooperation among local governments, affordable housing and housing diversity, and
preserving neighborhood schools.
Walz said work has already begun on some of the Good Ideas, including securing a grant to
examine creating more access to the Iowa River by changing the Burlington Street Dam,
supporting an upgrade in rail transit from Des Moines to the Illinois border, extending bike lanes
across the Burlington Street Bridge, and exploration of the feasibility of having an indoor
farmers' market in Riverfront Crossings.
Walz summarized the entire update regarding growth, land use, housing, economic
development, transportation, environment and resources, parks and open space and arts and
culture. She said the Plan is available on the City's website.
Freerks opened public hearing.
Freerks closed public hearing.
Eastham moved to defer this item to the Planning and Zoning Commission meeting of
March 21.
Weitzel seconded.
A vote was taken and the motion carried 6 -0.
Comprehensive Plan / Rezoning Item
A public hearing to amend the Comprehensive Plan - South District Plan to change the
land use designation from Multifamily to General Commercial for property located at the
southeast corner of the intersection of Highway 6 and Broadway Street.
Planning and Zoning Commission
March 7, 2013 - Formal
Page 4 of 18
REZ13- 00005: Discussion of an application submitted by Casey's General Stores, Inc. for
a rezoning from Commercial Office (CO -1) zone to Community Commercial (CC -2) zone
for approximately 2.31 -acres of property and to amend the Conditional Zoning
Agreement for 1.3 -acres of property currently zoned CC -2 located at the southeast corner
of the intersection of Broadway Street and Highway 6.
Miklo said this was deferred from the Commission's last meeting to allow consideration of
changes to the plan to address concerns about neighborhood compatibility. He said the western
portion of the property that's requested for rezoning is zoned Community Commercial (CC -2)
but has a Conditional Zoning Agreement (CZA) that requires a landscaping buffer along the
south and east boundaries. He said the CZA also requires at least a five foot high masonry wall
and extensive evergreen landscaping. He said after consulting with the City Police Department
staff is working with the applicant to develop a plan that would provide for more visibility. He
said the applicant did submit a new plan using a wrought iron fence with some deciduous trees
and low shrubbery. Miklo said the staff and the applicant will continue to work with City's Crime
Prevention Officer to find a plan that achieves the objective of providing screening but also
provides for visibility for the site. He said some elements of the Code regarding landscaping
conflict with the visibility that is recommended for this site. He said since the screening will be
less dense, staff feels that the design of the buildings and the canopies are very important
because they will be highly visible to the surrounding neighborhood areas so that discussion
needs to be continued with the applicant. Miklo said staff is recommending deferral.
Thomas asked what is happening with the trail that is running through the eastern part of the
property. Miklo replied that this is the Highway 6 trail and there would a connection from the trail
to the convenience store. He said there also may be some storm water detention in that area.
Thomas commented that there are multifamily residential along the eastern edge of the property
and he doesn't see as much landscape treatment. Miklo said that is a point of discussion and
staff suggests the same wrought iron fence be continued through here. He said the property
manager's wish is to have little landscaping but staff thinks there is room for some low
shrubbery in addition to the fence.
Eastham said this property is bordered on two sides by multifamily housing, and in the past
when they have considered this kind of redevelopment near a residential area, the Commission
has gone to considerable lengths to try to isolate the use of the redevelopment from surrounding
residences. He asked if they are getting away from that objective. Miklo responded that he
would use the word "buffer" rather than "isolate ". He said they are looking at a different, softer
method of buffering plus using distance as a buffer. He said that they want the back of the
building to be well designed because that's what faces the residential areas, and the building
itself will act as a buffer between residential and the gas pumps. He said there is still some
disagreement about the buffering that they are trying to work out. Eastham said the headlight
effect on residential areas would be fairly noticeable on the east side. Miklo said there is
discussion about having some low hedge to screen that. Freerks said they did receive a letter
from someone across the highway concerned about headlights and traffic noise.
Freerks opened public hearing.
Wally Pelds of Pelds Engineering and representative for the applicant said they plan on
addressing the headlight issues by planting a shallow hedge and then creating a grade or berm
so the headlights would not be shining to the north. He said they may ask for some leniency or
variances as to buffering from the properties to the south.
Planning and Zoning Commission
March 7, 2013 - Formal
Page 5 of 18
Freerks asked if he agrees that the design of the building is important for fitting in, perhaps
something beyond the standard. He explained the design features of the building, and said they
will continue to work with staff.
Eastham asked if the trees would be installed on the applicant's property. Pelds said they would
be.
Freerks said at the next meeting the Commission will be looking at the issues of noise, light, and
canopies so they will be compatible with the neighborhood.
Martin asked Pelds if there is a design for the pass- through the fence. Miklo said yes, it's a
public right of way.
Thomas said that he liked the idea of a berm very much.
LeAnne Krell, legal counsel with Caseys General Stores, said she has the authority to waive the
45 day limitation, and so waives it. She said she had talked with police at the station directly
across from the site, and they want a clear sight line, no landscaping where people could hide,
or any design elements that lend themselves to graffiti She said she wanted to ask the
Commission how much leniency they are going to give regarding the recommendations of the
police versus minimum standards of the Code. She said they are still very interested in this site,
but understanding law enforcement's concerns, she would like to get some clear indication
whether or not a variance would even be entertained. Freerks said this body does not grant
variances. She said what she would suggest is that the applicant, the planning staff and the
police department meet to discuss the plan. She said there are certain standards that she thinks
can be met, and this is achievable. She said she thinks the design of the building is very
important.
Miklo said there are two aspects of the current plan that don't comply with the City's minimum
zoning requirements. He said the screening in two different areas and the street trees along
Highway 6, and he wouldn't see the street trees as being an issue in terms of visibility.
Freerks said if they are going to be absolutely minimal in some categories, it's helpful to achieve
something a little stronger in building design in order to make up for that. Krell asked if what
they are looking for is an overall development that is aesthetically pleasing that addresses the
concerns of law enforcement, that best meets as is possible the requirement. Freerks agreed
with that statement.
Eastham said for him that it be aesthetically pleasing is the primary goal.
Freerks said noise and lighting are very important in this kind of redevelopment, and she cited
the North Dodge Hy -Vee. She perhaps they could go a bit beyond the corporate model in this
case.
Freerks closed public hearing.
Eastham moved to defer these items to the Planning and Zoning Commission meeting of
March 21.
Thomas seconded.
A vote was taken and the motion carried 6 -0.
Planning and Zoning Commission
March 7, 2013 - Formal
Page 6 of 18
Rezoning Items
REZ12- 00032: Discussion of an application submitted by Dealer Properties for a rezoning
to amend the Sensitive Areas Development Plan to allow a reduction in the previously
approved wetland buffer on property located at 2845 Mormon Trek Blvd (west of the
intersection of Dane Road and Mormon Trek Blvd).
Miklo introduced Charlie Cowell, a graduate student in Urban and Regional Planning at the
University of Iowa, who is an intern in the Planning Department. Cowell said the area south of
the subject property is County Residential with homes along Dane Road. He said that outlot B
on the subject property is where the Sensitive Areas Development Plan Overlay is located and
where the buffer reduction is being requested. He said outlot B was set aside according to the
Sensitive Areas Plan for storm water management and wetland restoration when it was put in
place in 2003. He said the property was annexed along with a larger land mass in 2003 into the
JJR Davis Addition, who was the previous owner.
Cowell said the area ordinance requires a fifty foot buffer between the development and the
wetlands. He said the original owner requested buffer averaging, which is permitted when an
increased buffer in one area is required for aesthetics and increased wetland mitigation. He said
along Mormon Trek the buffer was increased and in exchange for a reduction in the north
central part of the outlot. He said the original plan in 2003 provided 4.46 acres of buffer area,
which was above the minimum requirement of 3.56 acres based on the fifty foot wide buffer
area that was required. He said the applicant requests a buffer reduction to expand its
automotive dealership display area to the south. He said with the expansion it would eliminate .3
acres of the buffer area but the overall area would still meet the minimum requirements at 4.14
acres. Cowell said the original plan that was submitted to the Army Corps of Engineers required
mitigation measures, including wetland soil analysis, a list of plants to be used for mitigation,
and monitoring provisions. He said the plan was approved but the mitigation measures never
got implemented. He said staff is recommending approval of the Sensitive Plan Amendment for
buffer reduction under the condition that the mitigation improvement measures be installed prior
to development, and these would include native buffer seeding, wooded wetland planting, tree
planting and protection, and required wetland monitoring reports submitted to the City and the
Corps.
Freerks asked if none of the mitigation was done. Miklo said he asked the City Housing and
Inspection Department how that happened and was told that the previous subdivision approved
by JJR had a public street installed in this area. He said normally before a public street is
accepted, there is an inspection done to make sure all the storm water management facilities
are put in. He said at some point that public street was vacated so there was never an
inspection and none of the mitigation was done.
Eastham asked if there is already an auto display area in place and if the request is to extend
that area. Cowell said yes, and it would encroach into the buffer for the wetland mitigation.
Greenwood Hektoen said there has already been a lot line adjustment to expand Lot B into the
area that previously was Outlot B, but the sensitive areas buffer remains encumbering that area.
Freerks asked if it has to be reassigned. Greenwood Hektoen said it does.
Swygard asked where one of the pictures was taken from. She said she wanted a sense of how
close the dealership was to a residential area. Miklo showed her on a map.
Planning and Zoning Commission
March 7, 2013 - Formal
Page 7 of 18
Martin asked if the monitoring of the mitigation installments is common for other mitigations.
Miklo said the City has required it depending on the size and quality of the wetland, and in this
case they want to make sure it is done correctly, so that is why staff is recommending it as a
condition.
Martin asked who monitors it. Miklo said the applicant would have a wetland specialist review it
on an annual basis.
Freerks asked if the Inspection Department could come up with a way that this doesn't happen
again.
Freerks opened public hearing.
Scott Pottorff of MMS Consultants said they have been working with the applicant on this
wetland restoration plan and can take questions.
Swygard asked why the applicant chose not to use the good neighbor policy.
Nate Herbst of H &R Construction, who is a representative for the applicant, said that came as a
surprise to him. He said if he had known, they would have used the good neighbor policy.
Freerks asked if he could tell them where the houses are located right below the county line.
Nate says there is a treeline to the southwest that kind of buffers the Commercial from the
residential, and he would estimate that it is about two hundred feet on the southwest side of the
wetlands.
Freerks asked if the lighting standards would apply even though it's County. Miklo said they
would. He said there are restrictions on the height of any fixtures that are within three hundred
feet of a residential zone.
Nate said when the applicant purchased the property from JJR Davis, they were told that the
work was done.
Roxanne Bohlke of 4195 Dane Road SE, a long -time resident, said it's been sad to watch the
wetlands and habitat disappear. She says there is no lack of asphalt and parking for the
dealership. She said if the applicant only takes .3 acres, she can't see how it's important to take
that negligible an amount. She said they have a considerable amount of area already to park
their cars. She said there are many animals in the habitat. She said Billion Auto wasn't here for
either the 1993 or 2008 floods, and she is curious if the water running off those parking lots is
going toward the city or into the wetlands. She said the more wetlands are conserved, the better
the watershed will be in that area.
Pottorff said the building and property are split into two watersheds so most of the run -off is
piped with an overland flow route for larger storms coming into the wetlands. He said there is
another storm water management system that gets piped down to the airport.
Freerks asked how the mitigation will deal with'the storm water. Miklo said it's been the City's
experience that when you combine storm water and wetland facilities, it's a real challenge, and
that's why it's so important that this plan be put in place and done correctly. He said they would
be working both with the City and the Corps of Engineers.
Planning and Zoning Commission
March 7, 2013 - Formal
Page 8 of 18
Pottorff said he has been working with the Corps to make this a better plan than what it was in
2003. He said they are typically hired to do monitoring on their sites, but in this case they hadn't
been hired, so they didn't know it hadn't been installed either.
Eastham asked if the storm water from the southern half of the auto display area goes toward
the residents along Dane Road but is intercepted before it gets to them. Pottorff said that was
correct. He said the plan is to install storm water management per City Code to detain that run
off and slowly release it into the waterway it currently follows.
Freerks asked Miklo if staff is comfortable with the Commission moving forward. Miklo said staff
is recommending approval subject to the monitoring occurring and subject to the installation of
the mitigation improvements prior to the additional paving being done. Freerks said she was
concerned because water can be so damaging to properties. Miklo said the City Engineers are
satisfied with the storm water management plan.
John Rummelhart of 1112 E. Court Street said he is part owner of the closest county house to
the subject property. He wanted to know where, in exchange for a greater buffer adjacent to
Mormon Trek, the reduced buffer reduction in the north central portion of outlot B is. Pottorff
showed him on a map. Freerks said they are still going to have .6 acres above the minimum
number.
Rummelhart said he was not comfortable with the fact that the applicant already has 45 spaces
for car display along Mormon Trek Bouldevard, and they are trying to get five more for
increased exposure and sales. He was upset that they didn't have a good neighbor meeting.
Rummelhart wanted to know if this was the same plan from 2003. Miklo said it is basically the
same, but some of the mitigation in conjunction with the storm water has been revised to add
practices that the Corps thinks will better handle the storm water. Rummelhart said the seeding
standards and distances between trees have been reduced since the 2003 plan. He said in the
agreement with the original owner it states that an obligation to maintain outlot B shall include
but is not limited to the obligation to comply with the compensatory wetland mitigation plan
approved in connection with the ordinance zoning this property and obligation to maintain the
storm water detention basin area. He said that is what now is the applicant's responsibility
rather than to reduce the buffer more, add more parking, and have more cars on the frontage.
He said the applicant has already taken huge advantage of buffer areas.
Rummelhart asked if any calculations have been done for storm water. Miklo replied that the
City Engineers reviewed the storm water management plan based on the City's storm water
management ordinance. Rummelhart asked if funds had originally been escrowed for this
wetland. Miklo said they had not. Rummelhart said he was concerned about the elevation of the
parking lot and the lighting.
Miklo explained that there are currently vehicles parked on the mitigation area that will have to
be removed. He said the county property to the south was identified in an earlier plan as a
material storage area, and as soon as the restoration is complete any activity associated with
the wetland or the dealership should not be on that property. He said the property is zoned
residential and can't be used for the dealership, so since they are proposing to reduce the buffer
on the north perhaps the applicant's residential lot located south of the wetland could be set
aside to compensate for the reduction.
Miklo said if there are concerns about lighting, the Commission could put restrictions on any
additional lighting in the subject area. Freerks asked how lighting has been addressed in the
Planning and Zoning Commission
March 7, 2013 - Formal
Page 9 of 18
past in a wetland buffer mitigation area. Miklo replied that the Code really doesn't address
lighting in that situation. He said the Code says that if you are within three hundred feet of a
residential zone the height of the light fixtures is limited to a maximum of 25 feet.
Vicki DeBono of 4173 Dane Road said the applicant has already overstepped what they were
allowed to do. She said that vehicles are parked where they are not allowed, and it's been a
safety issue all winter, and she would like to the applicant to do what they are supposed to do.
She asked to see where the .3 acres will be, and Miklo showed her the approximate area on a
map. She said it's approximately eighty -five feet from the properties to the dealership when
considering lighting. She said that waterway handled a lot of water without all the pavement on
the applicant's property and she wants to know how many acres of pavement there are now.
She asked if there was any wildlife and plant inventory done in the wetland. Pottorff said with
the original development they did a wetlands analysis evaluation, and at that time an inventory
would have been done. DeBono said her hope is that someone does an inventory during
growing season to make sure that something significant isn't plowed up to put in native grasses.
Miklo said there are some invasive species in the area, and the goal was to remove those to
allow the wetland species to recover.
DeBono asked about a nearby property being donated to the City for prairie restoration. Miklo
said that there were some discussions about the area to the south being dedicated to the City
for a prairie preserve. DeBono stated that she hoped the City would understand that anything
that affects habitat there will affect habitat on a nearby property as well.
Roxanne Bohlke said she would like someone from the City to take photographs of the land that
might be donated to the City that is behind the dealership, so they can get a perspective on why
the residents feel so passionate about it. She said there are many waterways on this property.
Miklo said none of the streams are identified on their maps. Bohlke said it depends on the time
of year and the weather.
Eastham asked if her point about the additional waterways is that the storm water plan may not
capture the run -off that's coming from that area. She said the whole network behind the homes
on Dane Road feed into the Iowa River, and they are concerned about the watershed.
Nate Herbst said they will be doing the wetland mitigation work and hope to start as soon as
April. He apologized for the cars that are parked on the buffer and will get them moved. He said
what the .3 acres will do is get forty -two stalls onto pavement so that situation doesn't occur
again. He said approval of the application will get the wetlands restored, they will add stalls,
which will get vehicles away from where they aren't supposed to be, and it is just .3 acres and
they are within the Code.
Eastham asked how many parking stalls exist already. Herbst said he would guess one - hundred
and twelve. Freerks asked if all the survey information is new since they purchased this land in
January. Herbst said it's 2003 information tweaked and reapproved by the Corps. Freerks said
her concern is that no one at the meeting knows what really is the mitigation area, that nothing
is marked off.
Janel Jung of 4181 Dane Road said she thinks they should be getting everything fixed, after
which the applicant can approach asking for a favor. She asked where the buffer would be.
Miklo replied that the buffer would be narrower and bring the cars closer to where the houses
are. He said they suggested to the applicant making the vacant lot a buffer area to compensate
for the additional area. Jung said the applicant had been warned several times in the past six
Planning and Zoning Commission
March 7, 2013 - Formal
Page 10 of 18
months about moving the cars parked on the buffer.
Rummelhart said the intent of a buffer strip is to be around the entire wetland area, not to be
compressed into one little area. He said there are other places on the property they could park
the cars they want the spaces for. He said the plan in 2003 was agreed on, and now Billion
want to keep chipping away at it. He said enough is enough.
Freerks closed public hearing.
Eastham moved to defer this item to the March 21 meeting.
Swygard seconded.
Eastham asked if the applicant could apply for the same buffer reduction if the wetland
mitigation plan had originally been fully implemented. Miklo said yes. Eastham asked if this
application is rejected can the wetland mitigation original plan still be put in place. Miklo said
what he would recommend is to approve the modifications to the wetland plan, and if the
Commission were reluctant to approve the buffer, don't approve that aspect of it.
Freerks said she would like more information on how lighting could be staged downward as it
gets closer to buffer area and housing. She would like to see the area marked out immediately.
She said she would like staff to talk to the applicant to see if there could be some compromise
to use the area where the house was removed as buffer, particularly because it can't be used
for storage and you can't park cars on it.
Thomas asked about screening. Freerks said she would like to know if all the screening
standards have been met and what they need to be. Thomas said he's concerned about the
height of those lights, so his concern is a really strong tree buffer.
Martin asked if it's possible for a good neighbor meeting to take place before the next Planning
and Zoning meeting. Miklo said they can ask. Eastham said he thought that was a good idea
too. Martin said it was important to have the extended area flagged out.
A vote was taken and the motion carried 6 -0.
Freerks called for a three minute break, after which the meeting was called to order
ANN 13- 00001 /REZ13- 00002 /REZ13- 00003: Discussion of an application submitted by
Allen Homes for an annexation and a rezoning from County Residential (R) zone to Low
Density Multifamily (RM -12) zone for approximately 2.0 -acres of property, and a rezoning
from Low Density Single Family (RS -5) zone to Low Density Multifamily (RM -12) zone for
approximately 2.83 -acres of property for a total of 4.83 -acres of property located at the
northeast corner of Scott Boulevard and American Legion Road.
Miklo said part of the subject is already in the city and zoned Low Density Single Family (RS -5)
and part is in the county and zoned County Residential (R). He said this would be annexed into
the city and the overall property would be rezoned to Low Density Multifamily (RM -12). He
showed some images of the property and the house on the property that would be removed. He
said since the informal meeting on Monday, the City has a plan for a round -about improvement
at this intersection which would require some additional right of way from this property, so staff
is revising its recommendation to use additional right of way from American Legion Road in
addition to this corner to accommodate the roundabout. He said staff is recommending that the
Planning and Zoning Commission
March 7, 2013 - Formal
Page 11 of 18
right of way be on American Legion Road be brought up to City standards of 100 feet wide and
to include the area of the round -about as a condition of the rezoning, as increased density in
this area will create a need to address some of the traffic issues. He showed a concept plan
showing how the property might be developed. He said staff finds this is in compliance with the
Comprehensive Plan so staff is recommending approval with six conditions:
1. There will be payment of fees for the street improvements to American Legion Road as
spelled out in the subdivision regulations.
2. There will be installation of an eight foot wide sidewalk on Scott Boulevard, with the City
paying for the oversize cost, or three feet of that sidewalk.
3. There will be installation of a temporary sidewalk along American Legion Road until
such time American Legion Road is reconstructed by the City when the permanent
sidewalk is installed.
4. There will be installation of a public right of way to City standards along the eastern
property line.
5. Approval of the development plan for the subject property by the City's design review
committee.
6. The additional right of way will be dedicated to the City for improvement of Scott
Boulevard and American Legion Road.
Miklo clarified that the application indicated that there was not a good neighbor meeting but he
understands that such a meeting did take place.
Freerks opened public hearing.
Jesse Allen of Allen Homes said they did have a good neighbor meeting but none of the
neighbors came. He said they did hear that there was some concern about a year ago from
residents in Hampton Court so he was attempting to contact them. He said what got them
interested in this project was the need for a good, affordable multifamily development on the
east side of town that might appeal to the 55 and older demographic as well as others interested
in buying a home.
Thomas asked what Allen's plans are for the outdoor area. Allen said they are considering an
open air structure or a barbecue area for the residents of both buildings to foster a community
spirit. He said they will be integrating trees into the parking lot as well as screening the garage.
He said they will be saving the fir trees along Scott Boulevard.
Martin asked who would build the roundabout. Miklo said it would be the City. Martin asked if all
of the parking would be underground. Allen said they would have some parking areas for
visitors outside. Martin asked how many units there might be. Allen said the maximum they
could do is sixty -five and there are a number of configurations they are considering.
Freerks closed public hearing.
Eastham moved to recommend approval of ANN13- 00001 /REZ13- 00002 /REZ13 -00003 with
the six conditions as laid out in the staff memo:
1. There will be payment of fees for the street improvements to American Legion
Road as spelled out in the subdivision regulations.
2. There will be installation of an eight foot wide sidewalk on Scott Boulevard, with
the City paying for the oversize cost, or three feet of that sidewalk.
3. There will be installation of a temporary sidewalk along American Legion Road
until such time American Legion Road is reconstructed by the City when the
permanent sidewalk is installed.
Planning and Zoning Commission
March 7, 2013 - Formal
Page 12 of 18
4. There will be installation of a public right of way to City standards along the
eastern property line.
5. Approval of the development plan for the subject property by the design review
committee.
7. The additional right of way will be dedicated to the City for improvement of Scott
Boulevard and American Legion Road.
Swygard seconded.
Freerks said she thinks this will be a nice addition to the east side of town.
Eastham said he thinks this is a good use of the land on this corner and complies with the
Comprehensive Plan's concept about putting developments on arterial streets where there's
good access.
Martin said she thinks this is a nice transition between the developments on both sides and is a
nice segue way into filling this land in productively.
A vote was taken and the motion carried 6 -0.
REZ13- 00006: Discussion of an application submitted by The Crisis Center of Johnson
County for a rezoning from Public (P) zone to Intensive Commercial (CI1) zone for
approximately .78 -acres of property located at 1105 S. Gilbert Court.
Miklo said this property was until recently owned by the County and is currently Public (P). He
said it is being sold to a group of non - profits who will operative a human services agency from
the building. He said the surrounding property is all zoned Intensive Commercial (CI -1) with the
exception of properties on Kirkwood Avenue. He said this complies with the Comprehensive
Plan, and staff is recommending approval with no conditions.
Freerks opened public hearing.
Becci Reedus of the Crisis Center said the Crisis Center owns the property and it will be
occupied by three other organizations. She said they are required to have 49 parking spaces
and their design shows 79. She said they had a good neighbor meeting.
Martin asked what the goal of the capital campaign for the renovation of the building is. Reedus
replied that it is 1.2 million.
Freerks closed public hearing.
Thomas moved to recommend approval of REZ13 -00006 to rezone approximately .78
acres of property at located at Gilbert Court from Public (P -1) to Intensive Commercial
(CI -1)
Weitzel seconded.
Freerks said the Comprehensive Plan supports the coordination of neighborhood services and
this item does just that.
A vote was taken and the motion carried 6 -0.
Planning and Zoning Commission
March 7, 2013 - Formal
Page 13 of 18
REZ13- 00007: Discussion of an application submitted by The Rose Company for a
rezoning from Intensive Commercial (CI1) zone to Community Commercial (CC2) zone for
approximately 2.12 -acres of property located south of Highway 1, east of Ruppert Road.
Miklo said staff recommends approval of this application subject to a Conditional Zoning
Agreement specifying the construction of a sidewalk on Ruppert Road and payment of fees
towards the construction of a future sidewalk on Highway 1.
Swygard asked if there is a concept plan for this application. Miklo said the applicants showed
the planners a concept plan before they submitted the application. Swygard asked if the building
will be on Highway 1. He said the north side will face the highway, and the bulk of the building
will face Ruppert Road, with the entrance at the corner.
Freerks asked if bus service runs out that far. Miklo said there's a route that runs fairly close.
Freerks opened public hearing.
Freerks asked if storm water is taken care of. Miklo replied that the size of the site is not large
enough to require storm water management.
Freerks closed public hearing.
Weitzel moved to recommend approval of REZ13 -00007 a rezoning of approximately 2.12
acres of land located at the south east corner of Ruppert Road and Highway 1 West from
Intensive Commercial (CI -1) to Community Commercial (CC2) subject to the Conditional
Zoning Agreement that requires construction of a sidewalk on Ruppert Road and
payment of fees towards the construction of a future sidewalk on Highway 1.
Eastham seconded.
A vote was taken and the motion carried 6 -0
REZ13- 00008: Discussion of an application submitted by JMK Holdings LC — The Vine
Tavern for a rezoning to designate approximately .08 -acres of property located at 529 S
Gilbert Street as a Historic Landmark.
Miklo said the Historic Preservation Commission has determined that this meets the criteria for
landmark status. He said it is in the Riverfront Crossings area, which identifies the group of
buildings along this portion of Gilbert Street as remaining, given their historic status. He said
staff finds that this application does comply with the Comprehensive Plan and recommends
approval.
Freerks opened public hearing.
John Shaw, the architect for the project, said he thinks this is a wonderful example of a
beautiful, simple historic industrial building that should be protected. Freerks said she would
agree, and she's happy it's still there.
Martin asked if it is in historic preservation purview to maintain the vines that are on the brick.
Shaw said the building is called The Vine, and the vines will stay in place.
Freerks closed public hearing.
Planning and Zoning Commission
March 7, 2013 - Formal
Page 14 of 18
Weitzel moved to recommend approval of REZ13- 00008, an application to designate 529
S. Gilbert Street as an Iowa City Historic Landmark.
Eastham seconded.
Freerks said this is a different kind of building from what people often think of as historic, but
she thinks it is wonderful that people have taken on this project, and she thinks and hopes it will
be very successful. She thinks there might be a few other such buildings in the area that would
fall within the same category eventually. Weitzel said that industrial buildings are often
determined historic, but Iowa City just doesn't have many.
A vote was taken and the motion carried 6 -0.
County Subdivision Item
CZ13 -00001 / SUB13- 00003: Discussion of an application submitted by S &G Materials for
a rezoning from County Agricultural (A) zone to County Light Industrial (ML) zone and a
final plat of The Sandlot, a 1 -lot, 16.68 acre industrial subdivision located south of 4059
Izaack Walton Road SE.
Cowell explained that this is in the Johnson County Sensitive Areas Ordinance area as well as
in a flood way, so that would limit the types of industrial uses that would be permitted in the
County Light Industrial (ML) zone. He said that in response to a question that was brought up at
the informal meeting on Monday, the County has notified City staff that there wouldn't be any
hazardous materials that would harm the river, and that there would just be concrete recycling.
He said that staff is recommending forwarding a letter to the Johnson County Planning and
Zoning Commission recommending that rezoning to County Light Industrial be approved. He
said staff also recommends that SUB13 -00003 be approved.
Eastham asked if the County was not going to approve the use of asphalt recycling on this site.
Cowell replied that the question was brought up if there were any hazardous materials that were
currently on the site that could be hazardous to the river if it flooded again, and the County
indicated that it was concrete recycling done on the site, not asphalt.
Miklo stated that the indication is that the applicant only intends to do concrete, although asphalt
might be a possibility. He said there are also gasoline and oil associated with the equipment on
the site, but that could occur anywhere else along the river, and if there were an imminent flood,
they could move the equipment.
Freerks opened public hearing.
Freerks closed public hearing.
Thomas moved CZ13 -00001 / SUB13- 00003: an application submitted by S &G Materials
for a rezoning from County Agricultural (A) zone to County Light Industrial (ML) zone and
a final plat of The Sandlot, a 1 -lot, 16.68 acre industrial subdivision located south of 4059
Izaack Walton Road SE be approved.
Weitzel seconded.
A vote was taken and the motion carried 6 -0.
Planning and Zoning Commission
March 7, 2013 - Formal
Page 15 of 18
Vacation Item
VAC13- 00002: Discussion of an application submitted by Christian Retirement Services,
Inc. for a vacation of the public right -of -way located on George Street between Benton
Street and Oakcrest Street.
Miklo showed the Commission some exhibits and explained that the vacation will consist of a
portion of air rights and rights to use property under the street for footings in order for Oaknoll to
construct a skyway between the existing campus and the new construction. He said the skywalk
will be at least twenty feet above ground so it won't hinder any public use of the right of way.
Swygard said there are several other skywalks in place, and asked if it is typical for them that air
rights be vacated. Miklo said for the University skywalk over Dubuque Street, the determination
was that Dubuque Street was once a State road so they had the rights to do that. He said for
Mercy Hospital and the two county buildings there are use of right of way agreements.
Greenwood Hektoen explained that State law states that the City can't convey a permanent
interest in the right of way to a private entity. She said the other skywalks either have a public
purpose or they have been conveyed to another public entity. She said because this application
is solely for private use, the air rights and subterranean rights have to be vacated in order to
convey this type of permanent interest. She said the City will still have the surface rights.
Eastham asked if vacating the sub - surface rights will affect the ability of the City to rebuild or
repair the street. Miklo said it would not.
Thomas asked if the rights are actually purchased. Greenwood Hektoen said they are.
Freerks opened public hearing.
Doug Ruppert, the attorney for Oaknoll, said they held a good neighbor meeting on this issue.
Thomas asked if the skywalk had been designed yet.
Pat Heiden, the executive director at Oaknoll, said it has been designed and the design for the
entire project was shown at the good neighbor meeting.
Miklo said staff's recommendation for approval is subject to staff approval of the design of the
skywalk. He said staff feels it's important that the City Engineers review the plans.
Heiden indicated that Oaknoll is amenable to that recommendation.
Freerks closed public hearing.
Eastham moved to recommend approval of VAC13- 00002, a request to vacate eighteen
hundred square feet of air rights above the George Street public right of way as well as
below grade right of way subject to staff approval of the design of the skywalk.
Thomas seconded.
Freerks said this seems like a necessary way to allow the residents of Oaknoll to access both
Oaknoll structures, and it meets the requirements for vacation.
A vote was taken and the motion carried 6 -0.
Planning and Zoning Commission
March 7, 2013 - Formal
Page 16 of 18
Code Amendment Items
Discussion of an amendment to Title 14: Zoning Code to allow multi - family dwelling units
to be located on or below the street level floor of a building by special exception in the
CB -5 Zone for buildings designated as Iowa City Historic Landmarks.
Miklo said staff is recommending approval.
Freerks opened public hearing.
Freerks closed public hearing.
Eastham moved to recommend approval of an amendment to Title 14: Zoning code to
allow multi - family dwelling units to be located on or below the street level floor of a
building by special exception in the CB -5 Zone for buildings designated as Iowa City
Historic Landmarks.
Weitzel seconded.
Freerks said she thinks this is a good idea, and it worked well in the past for the Carnegie
Library. She said if we can have adaptive re -use of structures that are important to the
community she thinks we should do that.
A vote was taken and the motion carried 6 -0.
Discussion of amendments to Title 14: Zoning Code to modify the process for delineating
regulated woodlands and providing more flexibility to count preserved trees and
woodlands toward any tree replacement or mitigation requirements.
Miklo said staff is recommending approval.
Freerks opened public hearing.
Freerks closed public hearing.
Eastham recommended approval of amendments to Title 14: Zoning Code to modify the
process for delineating regulated woodlands and providing more flexibility to count
preserved trees and woodlands toward any tree replacement or mitigation requirements.
Weitzel seconded.
Eastham said this is a really good example of staff responding to issues that come up and trying
to administer the Code as it exists and making the necessary improvements and modifications
to the Code to make it more flexible and more effective.
Freerks added that she hoped there might be some requirements and incentives to keep large,
beautiful specimens that otherwise might be overlooked or removed in place.
A vote was taken and the motion carried 6 -0.
Planning and Zoning Commission
March 7, 2013 - Formal
Page 17 of 18
Consideration of Meeting Minutes: February 21, 2013
Eastham moved to adopt with changes requested by Thomas.
Swygard seconded.
A vote was taken and the motion carried 6 -0.
OTHER
ADJOURNMENT:
Eastham moved to adjourn.
Weitzel
seconded.
The meeting was adjourned on a 6 -0 vote.
Z
O
U)
U)
wo
O v
O � o
Z W N
Z Z N
CD
N G N
ca
CD W W
Z_
Z Q
Z
J
CL
M
w
X
X
X
X
X
X
Nxxxxx
--
X
NXxxxxxx
NXxxxxxx
L•
�XXXXXXX
v-XXXXXXX
Nxxxoxxx
r
X
x
x
x
x
x
x
Lr)
�
XXXXXXX
r
co
.=
XXXXXXX
co
xxxxxxo
oxxxxxwx
► `-
X
x
x
x
x
j o
X
x
X
X
x
X
X
I
00
�XXXXXXD
�XXXXXXX
V-Xxxxxx
LU
w
co�XXXOXw
X
x
X
;
X
x
X
;xxxxxxx
ti
c4XXXxxx
CD
CO
M
I,
Ln
LO
M
w a
Ln
0
Ln
LO
Ln
0
LO
(-XXXXXXX
N
W
CO
CO
M
f�
I.f)
Ln
f'7
W d
�
Ln
Ln
Ln
Ln
�
Ln
W
Zm
Z
mn
J
=
w
Q
=
o
?
OOU<X=
_w
J
W
J
z
It
m:)
<
Q
<J
Q
W
i
Z0
QX
X2
O�
Q
U)
v�
0.
Q
y
J�N
Z°WIi2NF
V=
Q
m
Z
Q
W
WmF
-W
;=
IN
ueQ
2W
ZaWLL2U)
NXXXXXXX
NXxxxxxx
��XXXXXX
NXXXXwXX
r
M
N
X
x
x
x
x
x
x
o�XXXXX0
�ox0xxx0
xxxxxxo
I
CD
�
X
x
x
x
x
i
00
coo
�XXXXXXX
0
m4XXXXxxx
M
X
x
X
;
X
x
X
U)
w
CD
CO
M
I,
Ln
LO
M
w a
Ln
0
Ln
LO
Ln
0
LO
�Xo000000
W
W
J
W
Q
Zm
Z
mn
J
=
w
Q
=
o
?
OOU<X=
IL
o
v
=�
Z
<
Q
<J
Q
W
W
U)
w
m
Q
X
J�N
Z°WIi2NF
>-
Q
m
-
CD
UJ
Ccc
a�
,D o
aaaz
II II II II
X 0 W i
0
W
Y