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Home My WebLink About2013-04-18 Info PacketIII CITY COUNCIL INFORMATION PACKET CITY OF IOWA CITY www.icgov.org April 18, 2013 IN Council Tentative Meeting Schedule APRIL 23 WORK SESSION IP2 Work Session Agenda IP3 Copy of memo from Assistant to the City Manager: State of Iowa Disproportionate Minority Contact Report to Johnson County Officials IN Memo from Dir. of Housing and Inspection Services: Requiring residential trash, yard waste, and recycling containers to be located out of the front yard or screened from public view IP5 Memo from the Public Works Dir.: Brick sidewalk repair IP6 Memo from the City Clerk: Proposed Meeting Schedule (August- December) 1P7 Pending Work Session Topics MISCELLANEOUS IP8 Information from City Clerk: Copy of Certificate of Insufficiency IP9 Civil Service Preferred Hiring list: Digital Communications Specialist Letter from Johnson County Board of Supervisors: Paratransit Services [Distributed in 4/23 Late Handout packet) DRAFT MINUTES IP10 Planning and Zoning Commission (informal): April 1 IP11 Planning and Zoning Commission (formal): April 4 IP12 Police Citizens Review Board: April 16 CITY COUNCIL INFORMATION PACKET CITY OF IOWA CITY www.icgov.org April 18, 2013 IN Council Tentative Meeting Schedule APRIL 23 WORK SESSION IP2 Work Se s ion Agenda IP3 Copy of memo om Assistant to the City Manag r: State of Iowa Disproportionate Minority Contact Report Johnson County Officials IN Memo from Dir. of sing and Inspection ervices: Requiring residential trash, yard waste, and recycling c ntainers to be to ated out of the front yard or screened from public view IP5 Memo from the Public Works D Bricks ewalk repair IP6 Memo from the City Clerk: Propos M eting Schedule (August- December) IP7 Pending Work Session Topics IP8 Information from City Clerk: C IP9 Civil Service Preferred Hirina) MISCELLANEOUS of Certificate of IT, Digital Communicatiti DRAFT MINUTES IP10 Planning and Zon' g Commission (informal): April 1 IP11 Planning and Z ing Commission (formal): April 4 IP12 Police Citize Review Board: April 16 iency Specialist r =r City Council Tentative Meeting Schedule 1pi7 .r' !�►�i April 18, 2013 CITY OF IOWA CITY Subject to change Date Time Meeting Location t r ii 4I7 `v �ii 3`- Tuesday, April 23, 2013 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Special Formal Meeting Emma J. Harvat Hall Monday, April 29, 2013 4:00 PM Refreshments JC Human Services Monday, April 29, 2013 4:30 PM Tentative Joint Meeting JC Human Services Tuesday, May 14, 2013 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Special Formal Meeting Emma J. Harvat Hall h Tuesday, June 4, 2013 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Emma J. Harvat Hall Tuesday, June 18, 2013 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Emma J. Harvat Hall N Tuesday, July 23, 2013 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Emma J. Harvat Hall MOM - . IP2 CITY OF IOWA CITY 410 East Washington Street towa City, Fowa S2240 -1826 (319) 3S6 -S001J (3 19) 356 -S009 FAX www.fcgov.org City Council Work Session Agenda April 23, 2013 Emma J. Harvat Hall - City Hall 410 E. Washington Street • Questions from Council re Agenda Items • Overview of Iowa Department of Human Rights Report to Johnson County Officials entitled "Local Discussions Related to Disproportionate Minority Contact" [IP # 3] • Discuss residential waste container storage ordinance [IP # 4] • Storm Update • Discuss brick sidewalk repair options [IP # 5] • Information Packet Discussion [April 11, 18] • Council Time • Meeting Schedule [IP # 6] • Pending Work Session Topics [IP # 7] • Upcoming Community Events /Council Invitations Previously distributed in March 7 Information Packet k.* CITY OF IOWA CITY IP3 MEMORANDUM Date: March 6, 2013 To: Tom Markus, City Manager From: Geoff Fruin, Assistant to the City Manager Re: State of Iowa Disproportionate Minority Contact Report to Johnson County Officials On Friday, March 1St 2013 the Iowa City Police Department received the enclosed report entitled "Local Discussions Related to Disproportionate Minority Contact: Report to Johnson County .Officials" from the State of Iowa Department of Human Rights Division of Criminal and Juvenile Justice Planning (CJJP). The receipt of this report coincides with the timing of the compilation of the ad -hoc Diversity Committee's final report. The Diversity Committee's final meeting occurred on Monday, March 4th 2013. A final report from the committee will be issued in the coming days and is scheduled to be discussed at the April 9th, 2013 City Council work session. Although their work has concluded, the City Clerk has distributed a copy of this report to members of the Diversity Committee. The CJJP report and the ad -hoc Diversity Committee report have a considerable overlap in scope and both are intended for local government audiences. As such, I recommend that the CJJP report be distributed to the City Council at the same time as the Diversity Committee report. It would also be appropriate for the two items to be scheduled during the same City Council work session, which is tentatively scheduled for April 9th, 2013. Local Discussions Related to Disproportionate Minority Contact Iowa Department of Human Rights Division of Criminal and Juvenile Justice Planning (CJJP) Report to Johnson County Officials March 2013 CAP 2 "d Floor, Lucas State Office Bldg. 321 East 12th St. Des Moines, IA 50319 Section I - Background The Iowa Department of Human Rights, Division of Criminal and Juvenile Justice Planning (CJJP) provides state oversight for Iowa's administration of the federal Juvenile Justice and Delinquency Prevention Act (JJDP Act). A key requirement of the JJDP Act relates to Disproportionate Minority Contact (DMC) of youth in Iowa's juvenile justice system. Minority youth are overrepresented, in Iowa and nationally, at a variety of juvenile justice system decision - making phases. CJJP, its Juvenile Justice Advisory Council (JJAC), and the State DMC Subcommittee are offering Johnson County specific technical assistance to reduce DMC. CJJP, directly or through contract providers, has provided similar technical assistance to Black Hawk, Johnson, Polk, and Woodbury Counties for a number of years. CJJP carries out research, policy analysis, program development and data analysis activities to assist policy makers, criminal and juvenile justice system agencies and others to identify issues of concern and to improve the operation and effectiveness of the justice and juvenile justice systems. In recent years CJJP has initiated activity specific to the school discipline process as a result of recommendations from a 2009 study committee, the Governor's Youth Race and Detention Task Force. Section II - Report Composition A number of persons were interviewed for preparation of this report (see Attachment A). Local interviewees were asked about their perceptions of issues related to DMC, activities related to DMC, and potential avenues for technical assistance by CJJP. This report is a summary of those discussions and identification of a number of major efforts. Within the various major efforts are noted identified issue /activity, relevant data, challenges, and CJJP recommendations. CJJP was afforded every courtesy as interviews were being scheduled and conducted and community officials and citizens willingly gave of their time for interviews. All persons were open, forthcoming, and genuinely interested with how to influence DMC. Their assistance with the interviews and commitment to DMC is noteworthy and appreciated. Local Groups Throughout the interview process a variety of local groups were identified that have involvement or activity related directly to DMC. The below groups are not a comprehensive list of relevant local DMC related groups, nor does this report seek to explain the various activities and goals of the listed groups. The groups are listed here as potential discussion entities related to the recommendations or other information provided in this report, or were referenced in local discussions for their specific DMC - related contributions in the community. Other local groups can and will be added to the distribution list for this report as requested locally. DMC Committee Coalition for Racial Justice Consultation of Religious Communities Breakthrough Series Collaboration ICCSD Core Management Team Community Partnership for Protecting Children Juvenile Justice Youth Dev. Program Ad Hoc Diversity Committee (City Council) 2 Census Data Most of the data provided in this report are aggregated by race /ethnicity. As a reference, CJJP is providing youth census data for Johnson County in Figure 1. Figure 1 Census Data -Johnson Countv Youth - Anes 10 -17 Source: 2011 National Criminal Justice Reference Service Data * Percentages may not equal 100% due to rounding. Section III — Juvenile Detention Identified Issue /Activity The Governor's Youth Race and Detention Task Force ( YRDTF) met from 2007 to 2009 to study the overrepresentation of minority youth in juvenile detention and the overall high numbers of youth in such settings for misdemeanor -level offenses. The YRDTF issued recommendations through a series of report s which are available on CJJP's website. The activities of the YRDTF prompted and increased interest in juvenile detention, and the work of the group contributed to state -level reductions in detention holds. One of the products of the YRDTF was the development of a single page Iowa Juvenile Detention Screening Tool (DST). A volume of national research reflects the utilization of a risk -based DST as a cornerstone of detention reform. Detention screening is one of a small number of local policy activities that has produced the most consistent and sustained reductions in minority overrepresentation. Just as importantly, there is significant legal precedent relating to the importance of due process provisions for youth deprived of constitutional freedoms through placement in locked juvenile detention settings (see Attachment B). Iowa's Juvenile Justice Advisory Council, its Task Force for Young Women, its DMC Subcommittee, and a number of other Governor - appointed Commissions within the Iowa Department of Human Rights (Human Rights Board, Status of African Americans, Status of Latino Affairs, Native Americans, Asian and Pacific Islanders, Persons with Disabilities, and Deaf Services) have taken written positions of support for utilization of a single, state -level detention screening tool to ensure due process protections for detained youth. In discussions with law enforcement officials they made it clear that they have no interest in playing anything more than an advisory role in the decision to detain youth. They see such decisions as the primary focus of juvenile court services and judges. Relevant Data Below are tables with information regarding Johnson County juvenile detention facility holds and detention rates for youth ages 10 -17. The data are taken from the DMC matrices and Iowa's 2012 Juvenile Justice and Delinquency Prevention Act Three Year Plan. The matrices are an instrument utilized by the federal Office of Juvenile Justice and Delinquency Prevent (OJJDP) to measure and compare compliance with the DMC Requirement of the JJDP Act. An overall description of the matrices is provided on pages 75 through 78 of the plan. Calendar year 2012 is the most recently completed matrix, and select pages have been included here as Attachment C. It should be noted Total Youth Population Cauc. Afr: Amer. His ./La. Asian Nat. Amer. Minority Population Number 10,527 8,188 1,073 741 500 25 2,399 Percentage* 78% 10% 7% 5% 1% 2301. Source: 2011 National Criminal Justice Reference Service Data * Percentages may not equal 100% due to rounding. Section III — Juvenile Detention Identified Issue /Activity The Governor's Youth Race and Detention Task Force ( YRDTF) met from 2007 to 2009 to study the overrepresentation of minority youth in juvenile detention and the overall high numbers of youth in such settings for misdemeanor -level offenses. The YRDTF issued recommendations through a series of report s which are available on CJJP's website. The activities of the YRDTF prompted and increased interest in juvenile detention, and the work of the group contributed to state -level reductions in detention holds. One of the products of the YRDTF was the development of a single page Iowa Juvenile Detention Screening Tool (DST). A volume of national research reflects the utilization of a risk -based DST as a cornerstone of detention reform. Detention screening is one of a small number of local policy activities that has produced the most consistent and sustained reductions in minority overrepresentation. Just as importantly, there is significant legal precedent relating to the importance of due process provisions for youth deprived of constitutional freedoms through placement in locked juvenile detention settings (see Attachment B). Iowa's Juvenile Justice Advisory Council, its Task Force for Young Women, its DMC Subcommittee, and a number of other Governor - appointed Commissions within the Iowa Department of Human Rights (Human Rights Board, Status of African Americans, Status of Latino Affairs, Native Americans, Asian and Pacific Islanders, Persons with Disabilities, and Deaf Services) have taken written positions of support for utilization of a single, state -level detention screening tool to ensure due process protections for detained youth. In discussions with law enforcement officials they made it clear that they have no interest in playing anything more than an advisory role in the decision to detain youth. They see such decisions as the primary focus of juvenile court services and judges. Relevant Data Below are tables with information regarding Johnson County juvenile detention facility holds and detention rates for youth ages 10 -17. The data are taken from the DMC matrices and Iowa's 2012 Juvenile Justice and Delinquency Prevention Act Three Year Plan. The matrices are an instrument utilized by the federal Office of Juvenile Justice and Delinquency Prevent (OJJDP) to measure and compare compliance with the DMC Requirement of the JJDP Act. An overall description of the matrices is provided on pages 75 through 78 of the plan. Calendar year 2012 is the most recently completed matrix, and select pages have been included here as Attachment C. It should be noted that matrices typically include arrest information from the Iowa Department of Public Safety's Uniform Crime Report (UCR). No UCR data are provided in the matrix because the most recently available data are from 2010. It is anticipated that 2011 arrest data will be available in the upcoming weeks. Such data will be provided to Johnson County officials when they are available. Figure 2 Johnson County Detention Numbers Johson County Percent Change 5 -Year Detentions 2008 2 2009 2 2010 2 2011 2 2012 ( (2008 -2012) A Average Caucasian 55 4 41 3 33 3 35 4 43 Percent Change -- - -25.5% - - 19.5% 6 6.1% 2 22.9% 2 21.8% 4 41.4 African American 88 5 56 3 39 5 53 6 63 2 28 401 5 8 Percent Change -- -36.4% -30.4% 35.9% 18.9% Source: CJJP -JDW • Overall detention numbers are small. Detention numbers and rates for all racial /ethnic groups were lower in 2012 than in 2008. Figure 3 Johnson Countv Detention Rates Johnson County Detention Placement Rates per 100 Referrals 10 - 17 Years of Age 30.0 25.0 20.0 15.0 10.0 5.0 0.0 2008 2009 2010 2011 2012 --W-Caucasian -f- African American Source: GJJP -JDW Note: Detention rates are calculated per 100 referrals (complaints) to juvenile court. The average detention rate for African - Americans is 19.1 and for Caucasians is 11.6. The average rate of detention for African - American youth is 1.7 times higher than the rate for Caucasian youth. 4 Source: GJJP -JDW Note: Detention rates are calculated per 100 referrals (complaints) to juvenile court. The average detention rate for African - Americans is 19.1 and for Caucasians is 11.6. The average rate of detention for African - American youth is 1.7 times higher than the rate for Caucasian youth. 4 Challenges Overrepresentation for African - American youth in Johnson County, like most of Iowa's major metropolitan areas, continues to be an issue. Johnson County, like the majority of Iowa Counties, is not utilizing an instrument for detention screening in a process that is standardized across the state. The lack of a standardized instrument presents issues relative to due process. CJJP Recommendations Recommendation I: Johnson County Officials need to implement an instrument developed specifically for detention screening. Recommendation II: A local group that can provide oversight and accountability to monitor detention screening should be utilized as a screening tool is implemented. Preferably the community will be able to utilize an existing group. CJJP will provide quarterly detention data sets to the Johnson County site and is willing to participate in local detention - related discussions. Recommendation III: Written policies should be developed to support the implementation of a detention screening tool. These new policies should outline the local process and allow for continued evolution of practices intended to reduce DMC. Section IV — School Discipline Identified Issue /Activity Safe Schools Healthv Students Initiative — The ICCSD has been the recipient of a Safe Schools Healthy Students (SSHS) grant from the federal Department of Education. The goal of the SSHS Initiative is to increase student learning by creating a unified system to support the social, emotional, and behavioral needs of all students. As a result of the SSHS grant, the ICCSD has done considerable work related to its school climate, including the student discipline process. Technical Assistance - ICCSD officials have availed themselves of technical assistance in the form of discussions facilitated by CJJP regarding school discipline and disproportionate minority contact. CJJP staff have met with the Secondary Administrators and other school officials on multiple occasions and will be available for continued discussions in the future. In this and other discussions, ICCSD staff identified a number of noteworthy activities already underway. This has included, but is not limited to, efforts to reduce the number of out -of- school suspensions and expulsions, and the use of PBIS and home visits to increase parental engagement. A brief description of some of those related activities and programs is included in Attachment D. Challenges Data - CJJP is willing to provide support to the ICCSD with data related to student incident referrals for all of the schools in its district. It is clear that the District has its own sophisticated local information system. CJJP will continue discussions with ICCSD officials regarding development of a data set that can assist the school in affecting its school discipline process. Efforts to work with the District are encouraging. Low - Income Housing — In a number of discussions within the community, the ongoing issue of low - income housing in certain neighborhoods was a concern. The disparate opinions on how to address the issue, however, will require that the community and the schools continue thoughtful discussion on the matter, as no consensus currently exists. 5 CJJP Recommendations Recommendation I: The ICCSD should continue to take advantage of the technical assistance offered by CJJP related to policy and procedure. The Iowa Department of Education has indicated its willingness to participate in these local discussions as well. Recommendation II: ICCSD should further efforts to utilize its data system to develop information and formal report formats specific to school discipline. Such data must be a key component in community discussions pertaining to the school discipline process. Section V - Overall Local Leadership and Committee Engagement Identified Issue /Activity There has been a long- standing local interest in DMC- related activities. Those interests speak directly to leadership /engagement, which are key ingredients in reducing DMC. Listed below are a number of examples: • The Iowa City Police Department is actively making staff available to serve on a variety of local juvenile justice and /or DMC - related committees. • The Iowa City Police Department is encouraging passage of state legislation that would allow for purging of juvenile arrest records once youth attain their 18th birthday. CJJP will ask its state -level Juvenile Justice Advisory Council to consider the issue as a part of its ongoing policy discussions. • The local DMC Committee has been effective in furthering policy and program efforts relating to arrest and student discipline. • The local office of the Department of Human Services (DHS) has efforts underway related to DMC including Community Partnerships for Protecting Children. • There are local, private providers doing strong DMC - related work (e.g. Neighborhood Centers, The Spot). • The recently formed City Council ad hoc Diversity Committee has been discussing issues around transportation and law enforcement interactions with citizens. See attachment E for further information /resources on citizen review boards and community policing. • The Core Management Team, although charged with broader responsibilities than solely DMC, took advantage of technical assistance from CJJP staff in the form of a facilitated discussion on January 28th about its goals /purpose related to disproportionality. • The DMC - related planning groups listed in Section II have been major contributors to local successes related to DMC. The leadership and diverse membership of those groups is directly related to their success and the successes noted above. In recent years, CJJP and its subcontractors have worked most closely with the local school and DMC Committees. Challenges Consistency of Purpose - The existence of multiple groups having similar goals can occasionally make it difficult to allow progress or to provide agreed -upon avenues to reduce overrepresentation. Each group has its own unique charge, but it can, at times, be difficult to get all groups moving together toward a single goal. In many communities, cross membership on multiple DMC groups can create fatigue regarding the extent to which true collaboration is taking place. Diversity of Leadership — A number of community members expressed concern over the lack of leadership representation from minority groups on committees as well as in professional roles in organizations that have a significant impact on minority groups. At the same time, committee organizers and agencies have been frustrated in their attempts to recruit members /employees of color. Risk of Expanded Focus - The leaders in this community have broad areas of expertise and interest. Experience indicates that discussions regarding DMC inevitably expand from the issue of minority overrepresentation in the juvenile justice population to larger societal issues affecting minorities. It is fairly well documented that minorities are disproportionately affected by unemployment and poverty, both of which are risk factors that can be linked to increased rates of criminal and delinquent behavior. These are certainly legitimate concerns and important issues to be addressed in a comprehensive approach to minority overrepresentation. However, many of these long -term issues will tend to exasperate DMC initiatives and bog down efforts to address some critical DMC - related problems that can be ameliorated in the short-term. CJJP Recommendations Recommendation I: Johnson County should avail itself of its broad array of local leadership. Recommendation II: Johnson County should focus its DMC - related activities on a small and attainable number of goals. Section A — Overall Arrests and JCS Referral Identified Issue /Activity Discussions with a number of Johnson County juvenile justice system officials noted trends or concerns regarding offending behaviors or patterns for minority youth, particularly African - American youth. In response CJJP made a broad query of is Justice Data Warehouse regarding the types of local allegations for which youth were being referred to JCS. Relevant Data CJJP maintains a Justice Data Warehouse (JDW) which contains information from the Iowa Court Information System (ICIS) regarding major juvenile justice decision - making points. Amore thorough discussion of the JDW is provided on page 77 of the Three Year Plan. Allegation data for Johnson County are included as Attachment F — Top 20 Allegations, and are shown in Figure 4. ' Figure 4 Top 5 Allegations for Caucasian and African - American Youth Caucasian Sum: 231 236 186 Source: JDW Sum:' 283 131 78 61 50 50 653 1 The data in Attachment F are taken from the JDW and are comprised of individual allegations which resulted in a referral to JCS. The tables include data regarding the top 20 allegations for Caucasian and African American youth. Data sets are provided for calendar years 2010, 2011, and 2012. African - American Source: JDW Sum: 79 69 77 1 225 38 44 57 1 139 28 37 _I 31 j. _ 96 18 26 ' 18 62 19 23 20 62 Sum: 182 199 203 Allegations Remarks - Figure 4: • 51h Degree Theft is the top arresting allegation for both races. • Possession of alcohol, possession of a controlled substance, and possession of drug paraphernalia are three offenses on the top 5 list for Caucasians and are not on the list for African - Americans. • Assault, interference with official acts, and trespass are three offenses on the top 5 list for African - Americans and are not on the list for Caucasians. Allegations - Overall Remarks (see data from Attachment F - Top 20 Allegations): • Combined allegations for Caucasians declined from 2010 (n =419) to 2012 (n =376), and increased for African Americans from 2010.(n =338) to 2012 (n =428). • For classification purposes CJJP includes disorderly conduct, interference with official acts, harassment of public officer, failure to disperse and certain other offenses as public order allegations. • African - American youth account for 76% (n =219) of the public order allegations (n =290) included in the top 20. • Public order allegations constitute 7% of the top 20 allegations for Caucasian youth and 23% of such allegations for African - American youth. W Figure 5 JCS Allegations by Offense Level Time Period 1/1/2010- 12/31/2012 Caucasian African- American INDICT. INDICT. MISD. 296. MISD. —25% 272 S I FELONY 79 Source: CJJP, Justice Data Warehouse "Other Class" includes scheduled violations (e.g. certain alcohol, traffic, and court offenses) OTHER CLASS 72 7% Remarks - Figure 5: • Numerical allegation counts are higher for Caucasians in felonies, indictable misdemeanors, and other classes. Counts are higher for African - Americans only for simple misdemeanors. • Felonies comprise 8% of the allegations referred to JCS for the combined report period. o Felony allegations for Caucasians and African - Americans comprise 8% and 7 %, respectively, of overall allegations for two racial /ethnic groups during the combined report period. • Indictable misdemeanors comprise 25% of the allegations referred to JCS for the combined report period. o Indictable misdemeanor allegations for Caucasians and African - Americans comprise 25% of overall allegations for both racial /ethnic groups during the combined report period. • Simple misdemeanors comprise 54% of the allegations referred to JCS for the combined report period. o Simple misdemeanors for Caucasians and African - Americans comprise 48% and 61%, respectively, of overall allegations for the two racial /ethnic groups during the combined report period. Challenges Simple Misdemeanor and Public Order Allegations - If all of the overrepresentation that exists in the juvenile justice system were eliminated for African - American youth for felony level allegations, disproportionality would still be significant. Data show that 54% of all allegations referred to the juvenile court in Johnson County are for simple misdemeanor offenses. Some of the offenses for which there is the most significant overrepresentation include disorderly conduct and interference with official acts. These offenses are those that offer the greatest opportunity for the judicious exercise of discretion by justice system representatives. Pi FELONY 100 SIMPLE 8% MISD. OTHER 568 CLASS 233 20% S I FELONY 79 Source: CJJP, Justice Data Warehouse "Other Class" includes scheduled violations (e.g. certain alcohol, traffic, and court offenses) OTHER CLASS 72 7% Remarks - Figure 5: • Numerical allegation counts are higher for Caucasians in felonies, indictable misdemeanors, and other classes. Counts are higher for African - Americans only for simple misdemeanors. • Felonies comprise 8% of the allegations referred to JCS for the combined report period. o Felony allegations for Caucasians and African - Americans comprise 8% and 7 %, respectively, of overall allegations for two racial /ethnic groups during the combined report period. • Indictable misdemeanors comprise 25% of the allegations referred to JCS for the combined report period. o Indictable misdemeanor allegations for Caucasians and African - Americans comprise 25% of overall allegations for both racial /ethnic groups during the combined report period. • Simple misdemeanors comprise 54% of the allegations referred to JCS for the combined report period. o Simple misdemeanors for Caucasians and African - Americans comprise 48% and 61%, respectively, of overall allegations for the two racial /ethnic groups during the combined report period. Challenges Simple Misdemeanor and Public Order Allegations - If all of the overrepresentation that exists in the juvenile justice system were eliminated for African - American youth for felony level allegations, disproportionality would still be significant. Data show that 54% of all allegations referred to the juvenile court in Johnson County are for simple misdemeanor offenses. Some of the offenses for which there is the most significant overrepresentation include disorderly conduct and interference with official acts. These offenses are those that offer the greatest opportunity for the judicious exercise of discretion by justice system representatives. Pi Complaint Calls - Law enforcement officials estimate that 90% of the calls to which they respond are to neighborhood in which significant numbers of minority youth reside. Thus, their patrol patterns are established by the volume of contact experienced in a given area. Rights of Victims - Law enforcement officials note that even low —level offenses affect a victim. They stress the importance of the juvenile justice system's being able accountable to the needs of victims. Police Stops - A number of local audiences in Black Hawk, Johnson, Polk, and Woodbury Counties express concern at the high rates and frequencies of police stops, arrests, and searches for African - American youth. CJJP conducted additional research regarding the noted concerns which is summarized in Attachment G. CJJP Recommendation Recommendation: Local officials should initiate discussions regarding arrest and JCS referral for low level offenses. Rather than creating a new group, an existing group should be considered for such discussions. Such a group discussions should include the diverse members of the community. CJJP would make itself available for such discussions. Section VII Other Juvenile Justice System Activities Identified Issue /Activity Juvenile Justice Reform Proiect - JCS actively sought to be a part of a state -level grant effort to improve its programming, Iowa's Juvenile Justice Reform Project (JJRP), which implements both the Standardized Program Evaluation Protocol and the cost - benefit Results First model created by the Washington State Institute for Public Policy (WSIPP). Funding was awarded in October of 2012 to support three Judicial Districts, including the Sixth, which includes Johnson County. CJJP will partner with JCS officials and juvenile justice - related youth serving programs to implement JJRP. Best Practices - JCS has implemented best practice programming, including Functional Family Therapy, a research -based program that engages the family in improving the behaviors of delinquent youth; and Aggression Replacement Training, a program that seeks to reduce aggressive behaviors in delinquent youth. Challenges Audience Engagement — Johnson County's participation in the JJRP effort and its work with various best practice programming will affect local youth serving programs and audiences outside of JCS. It is in the interest of the various audiences to be aware and informed of the work taking place. Overrepresentation at Various Juvenile Justice Decision Points - Despite the noteworthy successes in school arrests and juvenile detention, overrepresentation still exists at various juvenile delinquency decision- making stages. • Overall DMC matrices rates are considerably lower than national averages, but relative rates remain elevated for African - American youth at the decision- making phases of arrest, diversion, detention, petition, and adjudication for calendar year 2011 (pages 93 through 96 of the Three Year Plan). 10 CJJP Recommendation Recommendation: JCS should engage relevant local planning groups /audiences regarding implementation of the JJRP effort and various best practices - related activities. A number of local groups expressed an interest in learning more about programming found to be effective, in particular, for minority youth. Section VIII Relationships of Maim Institutions_ to Minoritv Communit Identified Issue Activity - Challenges Minority Community Trust in Local Institutions - Some local officials noted concerns with the ability for families of color, particularly African - American parents, to approach and work with the schools and law enforcement on issues faced by their youth. It is clear that local institutions are offering formal and informal opportunities for access by minority families. Research reflects minority distrust of institutions as a major factor in their willingness to access or function within institutions (summarized in Attachment H). New Arrivals - A number of individuals noted new arrivals to their community from Illinois, Minnesota, and other contiguous states. It was suggested that such youth often come from much larger urban settings and have difficulty adjusting to life in Iowa City. This is noted as a universal phenomenon in the communities in which CJJP interviews are being conducted. CJJP's local discussions, by design, have a focus on the involvement of minority youth in the juvenile justice system. There has been no discussion regarding the potential risks associated with Caucasian families relocating to various Iowa communities. There is an issue associated with stereotyping new arrivals and assuming that minority families will, by virtue of their race /ethnicity, present problems to the community. A concern is that references are routinely made regarding families relocating "from Chicago ", and that such references are a proxy for race (African- American families), which may inappropriately connote increased issues associated with the potential of crime, gang involvement, issues in school, etc. CJJP Recommendations Recommendation I: Local institutions such as JCS, the judiciary, law enforcement, schools, etc. should engage minority families in ongoing and meaningful discussions regarding the policies affecting their youth. Recommendation II: Local institutions must continually re- examine the extent to which their mission is consistent with a welcoming environment for newly- arrived minority families. 11 Attachment A Johnson cou Child/Youth Serving Agency Neighborhood Centers Brian Loring, Executive Director Diane Dingbaum, Associate Director Tony Branch, Youth Program Coordinator Fred Newell, Family Advocate Parkview Church, The Spot Reverend Doug Fern, Director County Kingsley Botchway Chair, Ad Hoc Committee on Race LaTasha Massey, Community Projects Spec. Elected Officials County Janet Lyness, Johnson County Attorney Rod Sullivan, Johnson Bounty BOS Defense Attorney Brandon Schrock, Juvenile PD Faith Community Reverend Dorothy Whitson, First Baptist Church Royce Ann Porter, Coordinator Family -to- Family Partnership Program Danny Wood - Milligan Fami uniclais interviewea Human Services (Department of) Marc Baty, Service Area Manager Valarie Lovaglia, Social Work Administrator Juvenile Court Services Candice Bennett, Chief Juvenile Court Officer Bernie Bordignon, Juvenile Court Officer 4 Betty Hopkins, Juvenile Court Officer 4 Christopher Wyatt, Juvenile Court Officer 4 Law Enforcement Samuel Hargadine, Iowa City Chief of Police Richard Wyss, Captain James Stephen, Captain School Officials 12 Iowa City Community School District Stephen Murley, Ph.D., Superintendent Ann Feldman, Associate Superintendent Susie Poulton, Dir. of Health and Student Serv. Joan Vanden Berg, Youth and Fam. Dev. Coord. Ross Wilburn, Equity Coordinator Attachment B Juvenile Justice - Related Legal Precedents There is a growing body of legal precedents providing youth with protections consistent with and, in some occasions, beyond those provided to adults due to the reduced culpability of youth. Further, under the doctrine of parens patriae, juvenile courts are obligated to ensure that the best interests of youth are being represented and met. These precedents are exemplified in the following cases: In re Gault 387 U.S. 1 (1967) - The Court ruled that in hearings potentially resulting in commitment to an institution, juveniles have the right to notice and counsel, to question witnesses, and to protection against self- incrimination. In re Winship, 397 U.S. 358 (1970) - The Court held that, under the Due Process Clause of the 14th Amendment, juveniles have the constitutional right to be adjudicated under the standard of proof of beyond a reasonable doubt. D.B., v. Tewksbury, District Court of Oregon (1983) - The Court found the practice of jailing juveniles to be a per se constitutional violation of the 14th Amendment. Hendrickson v. Griggs (U.S. District Court, Northern District Iowa 1987) - The federal Juvenile Justice and Delinquency Prevention Act is more than a funding statute. It creates an enforceable private right of action. States assume duties when they accept the federal funds, and when these duties are breached, a juvenile may seek a remedy pursuant to 42 U.S.C.A. Section 1983. Thompson v. Oklahoma, 487 U.S. 815 (1988) - The differences between juvenile and adult offenders indicate that less culpability should attach to a crime committed by a juvenile than to a comparable crime committed by an adult. Miller v. Alabama 567 U.S. _ (2012) - The Court, expanding on 25 years of jurisprudence, held that the 8th amendment prohibited the mandatory imprisonment of juvenile homicide offenders to life without parole. The Court had previously prohibited capital punishment for minors who committed murder in Roper v. Simmons 543 U.S. 551 (2005) and had banned life without parole for non- homicide offenders in Graham v. Florida 560 U.S. _ (2010). 13 K R V N T cm N U d V r Q d U d C. W Q y� [r: C cC 0 c d c � o � V M U U � e O Z v'^i .f o N U T � Y z p 2 T o a a a i U C � L T C c N n U V O O C pC O �L L 3 o _ G N c � 0 c d c � o � V M U U U O M v'^i � i U T z � w i � C � N n O O O C O O c o Q o o c o c o 0 0 Ch r y � � � o C g �" U a _ o�C O C V oN0 C V o 1� 00 N e¢3 Q d' �D a3 o0 a�.e � N b V o GC N VNi k Q N FIL c O .6 tt m C � � U T ¢o f .5 c d N N N N O z U U U U U U C4 z � w R � C � n o Q z z m o a o 0 y � � � •9 C r3 �" U Q 4 a o ✓' > N e¢3 Q d' �D a3 o0 a�.e � N U o k } Y } O O N N p a N U U U U U R � C � n N t N U o k FIL c .6 m v � U T ¢o f a N 1. AREA REPORTED State: Iowa County: Johnson Attachment C (continued) FOCALGROUP: Black or African- American Reporting Period : 01/01/2012 - 12/31/2012 Reference Group: White Data Items Total Numberof Reference Group Rate of Occurrence- Reference Group Total Numberin Focal Group Rate of Occurrence- Focal Group Relative Rate Index 1. Population at risk (age 10 through 17) 8,188 1,073 2. Juvenile Arrests NA 0.00 NA 0.00 ** 3. Referto Juvenile Court 303 NA 304 NA ** 4. Cases Diverted 207 68.32 169 55.59 0.81 5. Cases Involving Secure Detention 43 14.19 63 20.72 1.46 6. Cases Petitioned (Charge Filed) 87 28.71 102 1 33.55 1.17 7. Cases Resulting in Delinquent Findings 30 34.48 41 40.20 1.17 8. Cases resulting in Probation Placement 14 46.67 11 26.83 ** 9. Cases Resulting in Confinement in Secu 1 3.33 5 12.20 ** 10. Cases Transferred to Adult Court 1 7 8.05 7 6.86 0.85 Note: Rates for Refer to Juvenile Court are not calculated due to unavailability of arrest data. Key Statistically significant results: Bold font Results that are not statistically significant Regularfont Group is less than 1% of the youth population Insufficient number of cases for analysis ** Missing data forsome element of calculation - -- Definitions of rates: Recommended Base Base Used 2. Arrests of Juveniles - rate per 1000 population per 1000 youth 3. Referrals to Juvenile Court - rate per 100 arrests per 1000 youth 4. Cases involving Diversion before adjudication- rate per 100 referrals per 100 referrals 5. Cases involving Detention - rate per 100 referrals per 100 referrals 6. Cases Petitioned - rate per 100 referrals per 100 referrals 7. Delinquent Findings -rate per 100 youth petitioned (charged) per 100 youth petitioned 8. Probation placements - rate per 100 youth found delinquent per 100 youth found delinquent 9. Placement in secure corrections- rate per 100 youth found del inquent per 100 youth found del i nquent 10. Transfers to adult court- rate per 100 youth petitioned per 100 youth petitioned 15 Attachment D Other ICCSD School Discipline - Related Efforts Positive Behavior Interventions Supports - ICCSD is implementing positive behavior intervention supports (PBIS). PBIS is a research - based, school -wide, system approach to improving school climate and create safer and more effective schools. Tate High School — Tate is the alternative school setting through which the district strives to meet each student's needs through core class offerings, job based credits, and credit recovery online. Tate also offers a variety of career /vocational training and licensing opportunities including CNA, ProStart Culinary Arts, Auto Tech and more. Student Advisory Center— A Student Advisory Center (SAC) is being operated in City High to reduce suspension of students by teaching appropriate skills and provide resource to prevent further problem behaviors. Components include full -time staff, protocol for student referral, access to counseling, and feedback to teachers. Success Centers — Success Center programs are offered at all three junior highs and at City and West High. Students are in the Success Center for a minimum of one class period a day to receive individual tutoring, learn organizational skills, strategies to manage their behaviors, and suggestions of how to advocate for themselves. Students have the opportunity to take on -line courses for credit recovery. 21St Century Community Learning Centers — Roosevelt, Hills, and Grant Wood elementary schools are sites for 21St Century Learning Centers (21St CCLS). In an extension of the school day, these 21St CCLS programs provide academic and enrichment opportunities during non - school hours. The program helps students meet state and local student standards in core academic subjects such as reading and math. 16 Attachment E Resources: Police Citizen Review Boards and Police /Citizen Relations From the National Institute of Justice "Citizen Review of Police: Approaches and Implementation" "Citizen Review of Police" assesses nine different approaches to citizen oversight for jurisdictions interested in creating or enhancing an oversight system. This NIJ Issues and Practices report (NCJ 184430) discusses the types of citizen oversight, potential benefits of oversight systems, limitations to citizen review, oversight responsibilities, staffing issues, and potential conflicts between oversight bodies and police departments. Concerned citizens, community organizations, law enforcement agencies, and police unions can all contribute to the design, implementation, and operation of a successful oversight system.Z From the Office of Community Oriented Policing Services (USDOJ) "Building Trust between the Police and the Citizens They Serve" "Building Trust between the Police and the Citizens They Serve" focuses on the pivotal role of the Internal Affairs function as one component of an agency -wide professional standards effort in building trust between law enforcement agencies, their staff, and the communities they are sworn to protect and serve. The guide addresses the Internal Affairs function from complaint processing to decision - making, discipline, notification, and community transparency, as well as building an effective Internal Affairs approach for any size agency. It also looks at the Internal Affairs process from the citizen's viewpoint, presenting information how local agencies can be accountable to their citizens through trust - building initiatives and other activities.3 2 Citizen Review of Police: Approaches and Implementation by Peter Finn, March 2001. ' Building Trust Between the Police and the Citizens They Serve: An Internal Affairs Promising Practices Guide for Local Law Enforcement, U.S. Department of Justice, Office of Community Oriented Policing Services. 17 Attachment F TOP 20 JCS Allegations Caucasian Source: Iowa Justice Data Warehouse 18 2010 2011 2012 THEFT 5TH DEGREE -1978 (SMMS) - 130 88 65 JCS - POSSESS /PURCH ALCOHOL BY PERSON UNDER 18 17 70 44 POSSESSION OF A CONTROLLED SUBSTANCE (SRMS) 28 28 22 POSSESSION OF DRUG PARAPHERNALIA (SMMS) 13 23 25 ASSAULT (SMMS) 16 15 1 19 DISORDERLY CONDUCT - FIGHTING OR VIOLENT BEHAVIOR (SMMS) _ 27 12 11 JCS - POSSESS /PURCH ALCOHOL BY PERSON <18 YOA -1ST OFFENSE 44 CONSUMPTION / INTOXICATION -1978 (SMMS) 13 20 6 LOCAL ORDINANCES 6 18 8 BURGLARY 3RD DEGREE (FELD) 1 8 19 ASSAULT CAUSING BODILY INJURY -1978 (SRMS) 11 4 12 BURGLARY 3RD DEGREE - UNOCCUPIED MOTOR VEHICLE (AGMS) 5 14 6 OPER VEH WH INT (OWI)11ST OFF (SRMS) 9 7 9 THEFT 4TH DEGREE -1978 (SRMS) 4 12 8 CRIMINAL MISCHIEF 5TH DEGREE (SMMS) 8 3 11 INTERFERENCE W /OFFICIAL ACTS (SMMS) 9 7 5 POSS /PURCH ALCOHOL BY PERSON 18/19120 -1ST OFF 11 3 4 CRIMINAL MISCHIEF 2ND DEGREE -1978 (FELD) 4 2 11 TRESPASS - < 200 (SMMS) 3 7 7 THEFT 2ND DEGREE -1978 (FELD) 6 5 4 ALL OTHER ALLEGATIONS 54 65 71 TOTALS 419 411 367 Source: Iowa Justice Data Warehouse 18 African American Attachment F (continued) Source: Iowa Justice Data Warehouse 19 2010 2011 2012 THEFT 5TH DEGREE -1978 (SMMS) 79 69 77 DISORDERLY CONDUCT - FIGHTING OR VIOLENT BEHAVIOR (SMMS) 38 44 57 ASSAULT (SMMS) 28 37 31 ; INTERFERENCE W /OFFICIAL ACTS (SMMS) 18 26 18 TRESPASS - < 200 (SMMS) 19 23 20 ASSAULT CAUSING BODILY INJURY -1978 (SRMS) 26 16 16 BURGLARY 3RD DEGREE - UNOCCUPIED MOTOR VEHICLE (AGMS) 6 34 POSSESSION OF A CONTROLLED SUBSTANCE (SRMS) 21 7 12 CRIMINAL MISCHIEF 5TH DEGREE (SMMS) 12 15 9 THEFT 4TH DEGREE -'1978 (SRMS) 9 9 1 16 LOCAL ORDINANCES 8 5 " 13 JCS - POSSESS /PURCH ALCOHOL BY PERSON UNDER 18 5 9 '' 8 DISORDERLY CONDUCT - LOUD AND RAUCOUS NOISE (SMMS) 8 10 THEFT 2ND DEGREE -'1978 (FELD) 1 2 14 BURGLARY 2ND DEGREE -1983 (FELC) 2 13 CRIMINAL MISCHIEF 4TH DEGREE 3 3 8 THEFT 3RD DEGREE -1978 (AGMS) 3 1 9 OPERATE VEHICLE NO CONSENT -1978 (AGMS) 1 1 9 ASSAULT ON PEACE OFFICERS & OTHERS (SRMS) 4 2 1 CRIMINAL MISCHIEF 3RD DEGREE -1978 (AGMS) 1 3 3 JUVENILE INTERSTATE COMPACTS - 4 2 1 ALL OTHER ALLEGATIONS 54 38 60 TOTALS 338 328 428 Source: Iowa Justice Data Warehouse 19 Attachment G Research Regarding Police Stops As noted in Section VI CJJP conducted a variety of research related to police stops. That research is summarized below. "Stops occur in Black and Latino neighborhoods, and even after adjustments for other factors including crime rates, social conditions and allocation of police resources in those neighborhoods, race is the main factor determining New York Police Department Stops." 4 Relative to stopped whites, stopped blacks are 127% more likely and stopped Hispanics are 43% more likely to be frisked. " 5 "Even after relevant legal and extralegal factors are controlled, reports from young minority males indicate they are at the highest risk for citations, searches, arrests, and use of force during traffic stops. Yet, these drivers are not more likely to report carrying contraband, which, it has been suggested, is one of officers' primary motivations for conducting disproportionate stops and searches of minority citizens. " 5 4 Center for Constitutional Rights - Report to Unites State District Court, Southern District of New York, Jeffrey Fagan, 2010 'A Study of Racially Disparate Outcomes in the Los Angeles Police Department, Yale Law School, Townsend, 2008. 6 Examining the Influence of Drivers' Characteristics During Traffic Stops with Police Results from a National Survey, University of Cincinnati, 2001. 20 Attachment H Research Regarding Minority Distrust of Institutions Observations are noted below from 1993 research by Michael Leiber, Ph.D. The research has been included in this report (despite the fact that it was released nearly 20 years ago) because it is one of the few studies that included interviews with Iowa juvenile justice system officials and delinquent youth. Some of the information CJJP staff heard in discussions in recent weeks with Johnson County officials is remarkably similar to the findings in the Leiber study. Leiber study comments regarding the juvenile justice system are below. "Minorities, especially black families are believed to be more distrustful of the system than whites and their families. Black parents are believed to be less willing to hold youth accountable for their actions and /or encourage respect for authority. Parents are also seen as often failing to attend scheduled meetings with decision makers which may result in the for further court involvement. At the same time, minority youth are not seen as less likely to admit or cooperate. Interestingly, youth argue that juvenile court decision makers may act too quickly in wanting to remove them from what is perceived as an inadequate home environment." 7 Leiber study comments regarding schools are below. "Both adults and youth suggested there may be problems in the school system. A lack of minority staff and willingness on school officials to suspend and place youth in behavioral disorder classes were cited as areas of concern. An increasing reliance on calling the police and on the juvenile court to solve problems was also raised. ,5 Leiber study perceptions regarding the views of youth toward JCS staff. "All the youth in each of the counties viewed probation officers in a positive light. Most indicated they had good relations with their officer. s 5 Information regarding research relating to minority trust in child welfare arena is provided below. • Child Welfare — "The study found that (African - American) residents were aware of intense agency involvement in their neighborhood and identified profound effects on social relationships including interference with parental authority, damage to children's ability to form social relationships, and distrust among neighbors. The study also discovered a tension between respondents' identification of adverse consequences of concentrated state supervision for family and community relationships and neighborhood reliance on agency involvement for needed financial support. " 8 The Disproportionate Overrepresentation of Minority Youth in Secure Facilities: A survey of Decision Makers and Delinquents, University of Northern Iowa, Leiber, 1993. e The Racial Geography of Child Welfare: Toward a New Research Paradigm, Northwestern University Law School, Roberts, 2008. 21 Date: 4/11/13 To: Tom MA From: Douglas Re: Requiring re front yard or CITY OF IOWA CITY 1P4 MEMORANDUM and Inspection' Services -ash, yard wasti, and recycling containers to be located out of the from public vie The City Council at its February 19, 2012, meeting discussed an ordinance that would amend the housing code and the solid waste ordinance to require storage of residential solid waste, yard waste, and recycling containers to be located behind the front building line of a residential structure (out of the front yard) or screened from public view. The Council deferred consideration of the ordinance requesting Staff contact neighborhood associations for their comments. ISSUE: If adopted, the proposed ordinance (attached) would require trash containers to be located out of the front yard and placed to the side or rear of a building or within a building. Screening is required only if trash containers cannot be practically located anywhere else but in the front yard. The Northside Neighborhood Association in their February 18, 2013, letter to the City Council (attached) support the adoption of the ordinance. Council deferred consideration of the ordinance because of the concern that the ordinance was too onerous and to give staff time to contact various neighborhood organizations for their comments. Marsha Bollinger (Neighborhood Services) e- mailed the ordinance to over 60 neighborhood representatives (18 neighborhood organizations). The neighborhood comments (attached) do not provide clear support for the proposed ordinance and range from... "it's an excellent idea." to ..."a remedy in search of a problem." RECOMMENDATION: Trash containers stored in the front yard that are poorly maintained and overflowing are a nuisance and if the problem becomes chronic degrade the livability of the neighborhood. The Northside Neighborhood supports the proposed ordinance as a means to address this issue but there is not clear and convincing support for the ordinance by other neighborhoods. Therefore, the following three options are recommended for Council's consideration: Option 1: Do nothing. Option 2: Adopted the proposed ordinance. Option 3: Allow trash containers to be stored between a residential structure and street as long as the trash containers are located next to the wall of the structure (e.g. within two feet). If a trash container storage area becomes a nuisance(i.e., problems with litter, trash, and /or debris) then the city could require the trash container storage area to be enclosed /screened as a means to resolve a nuisance. Options 2 and 3 both address the nuisance issue, while Option 3 only requires an enclosure /screening as a means to cure an existing nuisance problem. if Council wishes to pursue Option 3, then Staff would need to prepare a new ordinance and contact the North side Neighborhood for their comments regarding the changes. DB/ats/4104647 Prepared by: Doug Soothroy, Director HIS, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5121 ORDINANCE NO. ORDINANCE AMENDING TITLE 16, ENTITLED "PUBLIC WORKS," CHAPTER 3, ENTITLED "CITY UTILITIES," AND TITLE 17, ENTITLED "BUILDING AND HOUSING," CHAPTER 5, ENTITLED, "HOUSING CODE," TO REQUIRE THAT WASTE CONTAINERS BE STORED BEHIND THE BUILDING LINE OF RESIDENTIAL STRUCTURES. WHEREAS, the City Council finds that solid waste, yard waste, and recycling containers create a visual impact on surrounding properties; and WHEREAS, the City Council finds that solid waste, yard waste, and recycling containers stored in front of residential structures have been an ongoing problem with certain neighborhoods; and WHEREAS, the City Council finds It necessary to require all solid waste, yard waste, and recycling containing be stored behind the front building line or potentially screened from public view; and WHEREAS, it is In the best interest of the City to adopt these amendments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: ,SECTION I. AMENDMENTS. 1. Title 16, entitled "Public Works," Chapter 5, entitled "City utilities," Article H, entitled, `Solid Waste," Section 9, entitled, "Collection and Disposal of Solid Waste,' Subsection D is hereby amended by deleting the last sentence and substituting in lieu thereof the following new sentence: Containers shall be removed from the curb on the same day collection is made and returned to the location required by Section 17 -5-19W of this code. 2. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 19, entitled, "Responsibilities of Owners Relating to the Maintenance and Occupancy of Premises," is hereby amended by deleting Subsection W and inserting the following in lieu thereof: Waste Containers: Every owner of a dwelling or rental structure shalt supply adequate solid waste containers for the disposal of solid waste which are approved by the inspector and/or are In compliance with the Iowa City solid waste ordinance. All solid waste, yard waste, and recycling containers shall be located behind all front building lines/walls of a residential structure. If, as solely determined by the City, a container cannot practically be located anywhere but between the residential structure and street right -of -way, then the City may approve a location provided it is screened to prevent visibility from the street right right -of -way and neighboring residential property. Screening design and material shall be approved by the City. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE, This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of 2013. MAYOR ATTEST: CITY CLERK Approved by � a-I4' City Attomey's Office Z�KC0)Qr11S1VDX___ NfitGHRORH000 ASSOCtATION February 18, 2013 City Council (all members) City of Iowa City 410 E. Washington St Iowa City, IA 52240 RE: Support proposed changes related to Residential Solid Waste Container Storage Honorable Council members: The Northside Neighborhood Association supports the intent of the ordinance amendments that appear as Item #11 on your February 19, 2013 meeting agenda. Since we have not had an opportunity to discuss with Mr. Boothroy the ordinance modification prior to its inclusion in your Council packet, we would like to review with him the precise language. The proposed changes are the result of a meeting between the neighborhood and City staff last April, where neighbors expressed frustration with the practice by some residents of habitually storing garbage containers (often full to overflowing) next to front porches and sidewalks. The garbage containers remain on full view to the neighborhood throughout the week, not just on trash pick -up day. The staff memo included in your packet summarizes our frustrations with this situation, and we do not believe the proposed changes will prove onerous to any resident or property owner. While the intent of the proposed changes before you are a good first step, we encourage the City's Housing and Inspection Services department to develop additional language which would bring trash dumpsters located at multi- family units into compliance with current site development standards (e.g., screened by an opaque fence or wall). With sufficient notice (possibly one year), there should be no reason, financial or otherwise, preventing property owners from screening dumpsters from general street or neighborhood view. Openly displayed dumpsters are, at best, unsightly, and can encourage rogue behavior, such as the dumping of mattresses (see photos on next page). Placing dumpsters within an enclosure will also prevent the constant blowing of litter from the dumpsters onto surrounding areas. Our Association will be happy to work with City staff to flesh out this additional proposal, and to make sure that it works for everyone. Sincerely, Mike Wright, Coordinator Sarah Clark, Recorder 225 N. Lucas Street 509 Brown Street cc: Doug Boothroy, Housing & Inspection Services For 11 Against 12 Maybe 1 Responses Yes 1. In my daily dog walks through the Mosquito Flats and Manville Heights neighborhoods, I have noticed that some houses (mostly ones I believe to be are rental units) do indeed seem to routinely store their garbage and recycling bins in front of the house or even on the curb. It strikes me as poor form, at best, and it does seem that right to encourage people not to do so. I think this proposed ordinance is an excellent idea that would help improve the visual appeal of neighborhoods. It would be a step towards making rental units less like aesthetic sore - thumbs. Thank you for sending us the proposed ordinance regarding waste receptacles. We are 100% in favor of this proposal -- anything to keep our neighborhoods as attractive and welcoming as possible. We both have noticed, particularly in the near North neighborhood an abundance of waste receptacles and their unattractiveness. Please take measures as soon as possible! Thank YOU. 4. The waste receptacles are indeed an eyesore, but not just in rental units in Manville Heights. There are many other residential properties that leave these out year round. Please count me as one who would like to see an ordinance enacted to address this situation. 5. I think this is reasonable. I'll be contacting the city re other projects eg Chauncey which I think is ATROCIOUS. I think there is a meeting on Mar 21 re planning so comments should be in before then. 6. Hi Marcia - -I think this is really needed in many neighborhoods, not just in areas with a lot of rentals. Driving down a street with trash cans as the initial view is not a welcoming site. I also find that when trash cans are put on the side of a house, the house opposite has to look at it all week. The house itself doesn't see it as it is usually against one of their walls. But, the house next door has to look at it every time you look out the window. Possibly consider some addition to this ordinance for trash cans to be screened if visible from the front or side of a house. That would make looking out the side windows much more appealing. 7. I agree with the proposal. 8. Marcia ... this is a great idea. At the top of the hill on Foster Road sits an unspeakably ugly unscreened commercial dumpster, along the side walk and in the front yard of the small apartment house. A woeful gateway marker on the way to the Peninsula. Cheers. 9. I appreciate your efforts to clean up the appearance of neighborhoods in Iowa City. The Wetherby neighborhood was one of the first to receive the new style trashcans back in 2002.The first thing I noticed was that there were many more cans being left in front of the rental units than before. I complained to housing inspection and Council but was told repeatedly that it was too hard to enforce. I place mine in the garage and require my tenants to do the same. We have no problem doing this. I have it as an item on my House Rules sheet that the tenants must sign off on when they sign their lease. Almost every unit in our neighborhood has a garage and they are all the same size. My recommendation about this ordinance is try to consider some language to place the containers out of view, such as in a garage, as a first resort and behind the front building line as the next most desirable. Next, don't make an ordinance that you can't or won't enforce. That would be useless. It's funny in this town that the only way most things get enforced is because someone, or a lot of someone's, have complained. If you are serious about this change then enforce it. I know it will certainly change the look of my neighborhood and would be much appreciated. 10. I'm writing to offer my enthusiastic support for the proposed ordinance requiring waste receptacles to be stored behind buildings or screened from public view. This seems like a simple, common -sense way to address the fact that renters and landlords are willing to leave trash cans and recycling bins out in front of houses, oblivious to how that degrades the visual impact of our neighborhoods. (In fact, during spring break, there are several waste cans left along the road in the blocks in my neighborhood). It seems to me a small thing to ask: that neighbors be conscientious about the fact that they live in a neighborhood. The enforcement mechanism - -that a complaint has to be made- -seems perfect and no -cost to the city.. 11. Kent and Kay Ackerson We support the proposed modifications to the Iowa City housing code and solid waste ordinance to require trash containers be stored behind the front of residences, or at least an effort be made to shield them from public view. When residents fail to retrieve containers from the curb or store the containers in the front yard, it has a negative impact on the neighborhood. 617 Brown St No I live in Parkview Terrace and received your e -mail via Mary Murphy. I'm opposed to the ordinance of removing waste containers from the front yard. We used to have our garbage can in our garage, but then got maggots all over our garage due to the trash. We then moved the garbage can outside next to the front of our house which resolved the problem. Having the garbage outside reduces the bug problem, but also helps people remember to put the garbage out because it is visible. 2. Of those 6, two flat out do not support the ordinance. The remaining 4 people thought the ordinance was problematic (see below) and that the problem was more about that the cans are not being removed from the sidewalk/front yards in a timely manner after garbage pickup rather than the leaving of cans in view in the front yard. (I explained about the existing ordinance concerning that matter.) Problems with the proposed ordinance: "The term "out of public view" could be problematic for people who live on corners with no garage, such as myself. In the winter, when the foliage is gone, there is no place i can put my trash bins so that they can't be seen by the public. However, I would favor an ordinance that would state that people need to take their trash bins away from the sidewalk and out of their front yards within 24 hours after garbage pickup (and, if they live on a corner, well off the side street or sidewalk). As I walked to work this morning (2 full days after garbage pickup), I counted 5 sets of trash bins that were sitting out on or near the street. It is an eyesore." "I tend to agree with (someone who does not support the ordinance), although I agree it is very hard to figure out with whom to discuss issues about unsightly property, behavior, etc. for rentals. Not sure an ordinance would prevent it anyway because someone would likely have to complain to get it enforced, and then for how long would it even stick in these situations..." 3. Do you have to go to the extreme of an ordinance when a few reminders about maintaining a clear front area should suffice? 4. 1 am writing to provide feedback on the city staff's proposed ordinance to ban people from putting waste containers in the front of property. This ordinance is foolish and misguided and should not be passed. Having a garbage can in front of a residence does not mean that the residence is "poorly maintained" and in no way degrades the "livability of the neighborhood." The pictures you emailed do not support this at all. I have my waste container in front of my house. None of my neighbors have complained, and if I look out of my front door, I would immediately see that a couple of my neighbors have their waste containers in front of their house also. We do not have room to put a screen on the side of our house for a garbage can. If we were to attempt to do so, we would need to remove a tree, which would be silly. Given how small many of the lots are in Iowa City and how close many houses are to their neighbors, I imagine that a lot of homes would have insufficient space to screen out a waste container. Further, many of the screens would likely look junky overtime. This proposed ordinance would be a burdensome ordinance to enforce, and there would be no return on the investment of resources the city would have to devote to enforcing it. I would rather the city inspection services spend their time on important matters, not on where someone has placed a waste container. If the city staff is concerned about overflowing waste containers, then make more waste containers available to residences. Ours is insufficiently sized for a family of seven. Thank you for your attention to this matter. In regards to the proposed ordinance on trash containers, I agree with Jennifer in that we don't need any more rules, regulations, ordinances to solve the problem. We in Deweyville are friendly folk and if someone needs a little nudge to help a situation, we just gently let them know. Deep down people want to do the right thing. I live at 804 Dewey St and I put my container next to the garage. Otherwise I would have to carry it up a hill as well as stairs to put the container behind the house. Now that would upset me. Most of us along this street don't take the garbage container out to the street until the morning of pickup. It does not seem to be a problem around here. Just politely asking someone to change a behavior can do wonders. We have to BE the peace we all want 6. Trash bins storage: Don't add burdens. The city's wheeled trash bins are a suburban technology shoehorned into our traditional urban neighborhood, such that for many residents of traditional urban neighborhoods they inherently involve extra burdens, and as such regulations relating to them should be tailored to not add to the burdens. The rolling bins are designed for a suburban setting, where they are stored out of sight in a garage that is close to and faces the street, from which they can be conveniently rolled down a paved driveway to the curb. Their use no doubt involves efficiencies for the city, but create burdens for me, and no doubt for others with similar situations: My house has no driveway, and the garage is 100 feet from the house at the alley; the bin cannot be out of sight and convenient to both the house and street. In the winter I must lift the bin onto the snow pile at the edge of the street. The letter of the draft ordinance probably would not force me to change where I store my bin: Because my house sits at the lot line, at one corner of the lot, my entire yard is behind the line of the house. And, my storage site is partially screened by bushes. But, I am sympathetic to my fellow residents of the traditional urban neighborhoods who may be additionally burdened by the ordinance. I understand why the city wants us to use the bins, but if you want us to use them when they're a bad fit for our neighborhood, don't add regulations on how we use and store them. I would like to voice my opposition to this ordinance. This is a remedy is search of a problem, and one that if passed would create more problems than it would solve. First of all, I simply do not see the blight of unsightly garbage cans in my neighborhood. Furthermore, I am concerned about my own ability to stay in compliance. I only partially "escaped town" for spring break and returned later on Monday, but had I not and instead placed my garbage and recycling out front over the weekend, would I have been subject to punishment had this ordinance been in place? When not on travel, I keep my receptacles in my garage, except on Tuesday when we have our trash and recycling service. Not all of the typically older homes in the Northside have garages. My neighbor, who keeps a fine house in excellent condition, places her receptacles far back from the curb, on the side but technically also in front of her house. Would she need to go through a bureaucratic process to be granted a waiver from this new ordinance? What would be the cost to the city for her to go through that unnecessary process, never mind her own time? The Northside NA claims that people like her would not be affected, but simply needing to jump through a hoop would affect her. In terms of enforcement, how is the line drawn between a onetime miscreant and a chronic offender? This ordinance is indeed "something concocted by a few crabby Northside residents who have nothing better to do with their lives." I do not feel the Northside NA speaks for me on a range of issues (although it does on some others). I am by no means a "libertarian" and support many of the regulations that go into making a historic neighborhood historic. But this one is just nonsense and I fear will serve primarily to waste city resources and as a conduit for busybodies to harass others out of the city. 8. pleasepleaseplease keep in mind as you read this that i am not saying that this is 'invented' by crabby NNers. it seems to me this imposes an actual burden to people like me and several other people in my neighborhood that really don't have anywhere to keep their trash bins. mine is on the side of my house because that is the only level place to keep it. i realize that you say this would only happen if someone complains, but that is a recipe for retaliation for any slight possibly felt by any passing motorist. and, I'm sorry, this is unnecessary regulation. this is how we handle nuisances in Deweyville: we go talk to the "offending" party without rancor, without subtext, without sarcasm, and without resentment. just walk over, smiling and say, 'hey, did you know that you're supposed to be sure your bin closes? because that may attract vermin. and as cute as raccoons and possums are, you don't want to run into one on your way into the house late at night! hahaha!' it's true this sort of communication takes practice. you may choose run a workshop on how to do this before a neighbor starts to resent the behavior. they may just need to communicate on a personal and neighborly level. often people don't care to be told what to do, but i assure you -- from 15 years of experience doing just this, even with drug dealers and flood workers from new orleans that had twice as many people in the apartment than were allowed -- that if you present it as i've described, even privileged Chicago kids will remember what their parents taught them. also you can't actually know what they're going through till you talk to them. are they in an abusive relationship and the abuser is telling them not to do that? why? i don't know (and I'm pretty sure that's a bad example). are they failing school and too depressed to change their underwear, let alone take out the trash? are they just space heads that don't think about stuff like that? you don't know till you talk to them. and i feel i can say, with little chance of being contradicted, that landlords say absolutely nothing when folks move in. the city does offer or give all new residents a packet of information that includes just this sort of stuff. but in reality the number of people that read that packet are the same number of folk that read the instructions before plugging in and using the new appliance. in other words, i am likely one of two people in the universe that do that. it's very hard to use this method without slipping a little subtext like 'you asshole' into the conversation. if, in fact, anyone has approached these folks personally i would guess they waited until they couldn't take it anymore, and that makes things tense every time. i am more than willing to offer my services as mediator if that would be of any help. but seriously, more zoning rules? Sincerely, i will run a seminar for you, i'll run a class on how to set up a welcome wagon that stops stuff like this before it starts. i will talk to the people with whom you have problems. have someone dealing drugs in front of your house? we did. i politely asked they not do that in our neighborhood and it stopped immediately. honest and for real! it's hard to learn how to do, but it will create a much more convivial and neighborly neighborhood. show these folks that they are part of the neighborhood, not just another 'problem child'. people are like dogs, generally they want to please others. it's true. this does not work 100% of the time. but those folks really area problem and most likely need official representatives of the city (cough police cough) to talk to them. 9. My name is Lindsey Boorman, I live at 813 Dewey st. I currently store my trash container in the front of my house outside my garage. I know that the council would like to propose that containers be stored behind houses and "out of public view" however, my home faces Dewey on one side and Governor on the other. Both sides of my house are in public view. Also, storing my container on the back side of my house would be incredibly inconvenient for me to drag through the snow to the front of the house on trash day. My container is always closed and is really no threat to the aesthetic of the neighborhood. 10. I am a property owner in Iowa City, and we own 2 rentals in the Northside Neighborhood. I was forwarded an association newsletter wanting feedback on a new proposal to screen trash cans. I am absolutely not in favor of screening. I am not sure that they have thought this through. Screening on every other house seems to me to be a bigger eyesore than an occasional trash can on the curb or next to a house. I am very much in favor of having City pickup in the alleys, where there is an alley. Near our properties, when we see a trash can or lid blowing around or left out, we just walk it up to the house, neighborly. Thanks. 11. As a homeowner, taxpayer, and resident of the Northside/Goosetown district in Iowa City, I am concerned about the proposed amendments to the housing code. Since I first came to Iowa City in 1982, I have imagined living on the north side. I patronize John's and George's, Pagliai's and The Burg. My son goes to Horace Mann, and we walk to school every morning. I like my neighborhood for its diversity, its vibrancy, and its walkable access to downtown. I like that the neighbor kids can play safely in my backyard. With all the neighborhood has to offer, I can't imagine what would possess me to peer out at my neighbor's garbage can, or how my life would be diminished if she didn't bring it in till Wednesday. I think we can all agree that neatness counts, but it is an unnecessary and intrusive gesture to regulate something as common as taking out the trash. To attempt to codify a timetable for this necessary task speaks ill for those who felt it necessary to propose the measure. It smacks of paternalism, intolerance, and a control impulse that I frankly find quite off - putting and distasteful. As for the City Council's willingness to entertain this nonsense, it's long seemed to me that they might find better things to do on behalf of the already heavily -taxed residents of Iowa City. I urge you to consider what an amendment like this says about the community. And after we address this irritant, what's next? One person gets peeved when the garbage can is out past supper time. Another is allergic to a neighbor's flower bed. A third gets annoyed when the adults are on the patio past ten. Do we legislate all of this? Ruin the whole place in the name of uniformity and homogeneity? I say, let it alone. Iowa City is funky. It is not Stepford. People here have always lived at their pace, and in mutual respect for one another's rhythms. Let's leave it at that. And if we're truly interested in cultivating community, then we should be able to talk with our neighbor -- across the fence, as they say - -about something as simple as getting the can in after trash day. 12. L live on the north side of Iowa City and I do not believe a new ordinance regulating the placement of waste receptacles is necessary or a good idea. Just because someone is bothered by something does not mean a new ordinance is required. My experience with the new trash containers is they are too large for me to store in the space I had created and used for the old containers. Please resist the notion that every "problem" requires a "correctly worded" ordinance. If it bothers someone so much have they tried talking to their neighbors to resolve the situation? When I look at my neighbors yards and my own yard I see lots of things which could be improved but the day when I am required by ordinance to meet my neighbors standards is not a day I want to live in Iowa City. Maybe 1. I live at 219 Ronalds St and I support the amendment before the City Council amending Title 16 attached below. We have many renters near my home that receive no guidance about how to handle the many trash containers needed for the properties they live in. Some houses have 4 or 5 containers because of the number of rental units the house has been divided into. The renters often do the bare minimum to move these containers to the curb and back to the house, leaving them in front for long periods of time and close to the front for ease of use. This creates an unsightly and "trashy" looking neighborhood. Short term renters often do not have the same regard for the neighborhood or its appearance that those of us who live here full time do. They have other things on their mind than upkeep of the properties they live in. A simple change would clarify expectations as regards to trash containers and help us all. CITY OF IOWA CITY IPS MEMORANDUM Date: Apd 18, 200 April 18, 2013 Paget DICIS will need to be Wained for option I as well " option 2 or 3. The City would C0ntrbA4* #10 dWwsnc* in Cost Once y wcxk is empleled and •s.,s This wo* will be pod=vd as an exospOO ARL Iowa Otv _:. 'Historic Preservation Commission Cit% IL01,410 SM-L -1. I— AaClo, I:\. ?2246 February 8, 2013 Dear Council Members: At the December 13, 2012, meeting of die Historic Preservation Commission, we discussed the issue of brick sidewalks in the Brown Street Historic District. We understand that sections of the brick sidewalk its the 700 block of Johnson Street are in treed of repair. This area lies within the Brown Street Historic District. We believe that these are the last remaining public residential brick sidewalks within the city. The consensus of the Commission is that just as the brick streets are part of the neighborhood's historical character, so are the brick sidewalks. The Cornmission advocates for the preservation of these brick sidewalks. Property owners are responsible for the repair of sidewalks, of course, but the repair of brick sidewalks is considerably more expensive than the repair or replacement of typical concrete sidewalks. We are suggesting that the City fwd the cost difference between typical concrete sidewalk replacement and brick sidewalk repair. We encourage the City to explore ways of funding the brick restoration in the sections needing repair, perhaps through a FIN grant or from other sources. 'Thank you for your consideration of our request. Please feel free to contact me if you have any questions. Sincerely, Ginalie Swaim Chair, Iowa City Historic Preservation Commission Cc: Ron Knoche, City Zeer Marcia Boger, Neighborhood Services Coordinator Kent Ackerson, Iowa City Historic Preservation Commission I CITY OF IOWA CITY _ =!li I 11111I Nis :II�i � '�Il1 Illlli X1111 � _� . � 11 X111 X1111 Ei�_ 11 Ill :0111 11111 I�lii �Ei 1111 v livh 1 iIN: �ih� illh VIII 11 III i111�1 _ =1 F L 11111 1111 BRICK SIDEWALK LOCATIONS O�mawf T� M r Mercy Hospital BRICK SIDEWALK LOCATIONS O�mawf T� M r r CITY OF IOWA CITY MEMORANDUM 'Ps DATE: April 16, 2013 TO: Mayor and City Council FROM: Marian K. Karr, City Clerk 01 RE: Proposed Meeting Schedule (August- December) Attached is a meeting schedule for August through December in accordance with conflicts expressed by Council Members and utilizing the first and third Tuesday of each month as established by Council resolution. Please take a look at the proposed schedule, check your calendars, and let me know on Tuesday evening of any changes you would like to make in the meeting schedule. A couple of observations: • A strategic planning session with the new 2014 Council is planned for November 26 form 1:OOPM -6:00 PM, and no additional meeting is anticipated that evening. More information will be provided at a later time. • Time should be scheduled for staff evaluations (usually May- August). Special meetings will be called as necessary. Please let me know if you will be unavailable anytime during the summer months. Attachment: August- December calendar U: schedule (August- December) PROPOSED Calendar for August- December 2413 August December Su Mo Tu We Th Fr Sa 1 2 3 4 5&0 7 8 9 10 11 12 13 14 15 16 17 18 19 l`121 22 23 24 25 26 27 28 29 30 31 November Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 7 8 9 10 X0 13 14 15 16 17 18 19 20 21 22 23 24 25 6 ki ) 29 30 X - City Holidays El- Strategic Planning Proposed Meeting December October Su Mo Tu We Th Fr Su Mo Tu We Th Fr Sa 14 15 6�22 3 4 5 6 7 8 9 10 11 12 13 14 16 17 18 19 20 21 2 23 24 25 26 27 28 29 30 31 November Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 7 8 9 10 X0 13 14 15 16 17 18 19 20 21 22 23 24 25 6 ki ) 29 30 X - City Holidays El- Strategic Planning Proposed Meeting December Su Su Mo Tu We Th Fr Sa 1 2 8 4 5 6 7 8 9 10 11 12 13 14 15 16(V 18 19 20 21 22 23 26 27 28 29 30 31 November Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 7 8 9 10 X0 13 14 15 16 17 18 19 20 21 22 23 24 25 6 ki ) 29 30 X - City Holidays El- Strategic Planning Proposed Meeting September Su Mo Tu We Th Fr Sa 1 XS 4 5 6 7 8 9 10 11 12 13 14 15 16 Af 18 19 20 21 22 23 24 25 26 27 28 29 30 November Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 7 8 9 10 X0 13 14 15 16 17 18 19 20 21 22 23 24 25 6 ki ) 29 30 X - City Holidays El- Strategic Planning Proposed Meeting IP7 _i I i CITY OF IOWA CITY PENDING CITY COUNCIL WORK SESSION TOPICS April 17, 2013 Pending Topics to be Scheduled 1. Discuss concept of a community business attraction and anti- piracy compact 2. Continue the discussion on the sale or dispersion of public housing units 3. Discuss potential procedures and/or policies related to requests for habitable private spaces constructed over public right -of -way 4. Presentation on the Gateway project design options (June 2013) 5. Discuss large assembly event permit fees 6. Review staff's recommended changes to the Good Neighbor Policy 7. Annual evaluation of Council appointees (City Manager, City Attorney, City Clerk) j A i IP8 .04 Ctty oP01� O�� C` CERTIFICATE OF INSUFFICIENCY STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) I, Marian K. Karr, City Clerk, do hereby certify that I have examined the petition submitted by Aleksey Gurtovoy and Martha Hampel on October 5, 2012, which proposed that an Ordinance enacting a new Chapter of Title 9 restricting the use of traffic enforcement cameras, drones, and automatic license -plate recognition systems be adopted, and I find that it is insufficient because it does not contain the required number of valid signatures. A total of 2,500 valid signatures are required and the petition contained only 2106 valid signatures (short 394 of the requirement). Pursuant to Section 7.04(A) of the Charter a copy of this certificate shall be sent by registered mail to the petitioner. Tile petitioner may file a notice of intention to amend his petition within two days (2) days after receiving a copy of this certificate. Petitioner may file a supplementary petition upon additional papers within fifteen (15) days after receiving a copy of this certificate. The petition may only be amended once for lack of the required number of valid signatures. Supplementary petitions shall comply with the requirements of Subsections B & C of Section 7.03, Home Rule Charter of the City of Iowa City, and within fifteen (15) days after it is filed, the City Clerk shall complete a certificate as to the sufficiency of the petition as amended. Witness my ]land this 15`h day of April, 2013. Marian Karr, City Clerk Subscribed in my presence and sworn to before me by Marian K. Karr this 15 °i day of April, 2013. 4a9�� Nota blic in and for Jo mson County, Iowa *713 (I(A I � I_ -I- CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 5 2 240 -1 826 (3 19) 356-5000 (3 19) 356 -5009 FAX www.icgov,org April 11, 2013 TO: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination — Digital Communications Specialist Under the authority of the Civil Service Commission of Iowa City, Iowa, I do hereby certify the following named person(s) as eligible for the position of Digital Communications Specialist. Kell! Andresen IOWA CITY CIVIL SERVICE COMMISSION Lyra A Dickerson, Chair Johnson County April 16, 2013 BOARD OF SUPERVISORS Janelle Rettig, Chairperson John Etheredge Pat Harney Mayor Jim Fausett Coralville City Office 1512 7h Street Coralville, Iowa 52241 Mayor Matt Hayek City of Iowa City 410 East Washington Street Iowa City, Iowa 52240 Mayor Tom Salm North Liberty City Hall 3 Quail Creek Circle P.O. Box 77 North Liberty, Iowa 52317 Dear Mayors Fausett, Hayek and Salm: Terrence Neuzil Rod Sullivan APR 18 ?mi City cl " Iowa City. h;w> The full Board of Supervisors has heard a summary of the meeting on March 27th and considered the proposals put forward at that meeting. There is consensus among the Supervisors to agree to a contract with Coralville, Iowa City and North Liberty that provides for these general conditions: The amount of County funding that will be used to pay for the mandated paratransit services of Iowa City, Coralville and North Liberty will be capped at $200,000 for FY 2014. The County takes no position on how this funding is allocated between your communities. 2. The County is willing to enter into a five year agreement to provide the $200,000 in funding plus an annual increase of up to 3 %, provided that either party may terminate the contract by providing notice of intent to terminate one year in advance. 3. Municipalities will take over all maintenance requirements for their respective vehicles, including but not limited to parts, labor, lifts, technology and all transportation for routine and emergency services. (As of the writing of this letter, this includes ten vehicles for Iowa City plus the additional vehicle referred to below, and three for Coralville). 913 SOUTH DUBUQUE STREET, SUITE 201 ♦ IOWA CITY, IOWA 52240 -4207 ♦ PHONE: (319) 356 -6000 ♦ FAX: (319) 356 -6036 April 16, 2013 Page 2 4. Iowa City will provide one additional vehicle in FY14. Thereafter, vehicles will be replaced as necessary by the respective Transit Authority. Transit Authorities will additionally provide the matching funds for any grant - funded purchases. 5. All buses can provide service anywhere in Johnson County regardless of which entity owns the vehicle. 6. The parties will begin renegotiation of the contract in July, 2017, provided the 28E is still in effect. The above terms represent a significant increase in the County funding previously proposed by the Board and budgeted for in FY2014. The $200,000 from County general funds constitutes approximately 10.5% of the cost of the service to the cities for FY2014. The Board is increasing our "subsidy" with the understanding that these provisions will allow service to continue substantially unchanged in the future. We understand that there may be some adjustments in fares and scheduling but would consider terminating the contracts if substantial reductions in service were to occur or the County's contribution began to cover a measurably larger percentage of the cost of service. Finally, the Board would like to propose that we agree to an annual joint meeting after the close of each fiscal year to review the service and funding of the prior year, discuss any pending issues for the current year and begin to plan our budgeting for the next fiscal year. This would also serve as an opportunity to discuss other issues of mutual interest. If these general provisions are acceptable to your councils, we believe that the next step would be for staff to identify the logistical issues, the "nuts and bolts" so to speak, and then bring legal staff in to identify remaining issues and craft the 28E Agreement. Yours truly, Janelle Rettig Chairperson cc: Tom Markus, Iowa City Manager Kelly Hayworth, Coralville City Administrator Ryan Heiar, North Liberty City Administrator Tom Brase, SEATS Director Vicky Robrock, Coralville Director of Parking and Transportation Chris O'Brien, Iowa City Director of Transportation Services IP70 PLANNING AND ZONING COMMISSION PRELIMINARY APRIL 1 — 5:15 PM — INFORMAL EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Carolyn Stewart Dyer, Charlie Eastham, Phoebe Martin, Paula Swygard, John Thomas, Tim Weitzel MEMBERS ABSENT: Anne Freerks STAFF PRESENT: Bob Miklo, John Yapp, Sarah Walz, 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. Rezoning Item REZ13- 00009: Discussion of an application submitted by Rockne Cole, Jon Fogarty and Mark McCallum for a rezoning from Public (P -1) zone to Central Business Support (CB -5) zone for approximately 0.38 -acres of property located at the northeast corner of Gilbert and College Streets. Yapp explained to the Commission that he helped coordinate the Request for Proposals (RFPs) for the City for the subject property, and because of his familiarity with that project, he prepared the staff report. He said that the subject property is currently zoned Public (P) and owned by the City. He said the RFP process resulted in nine development proposals, which were culled down to three finalists before the Council chose The Chauncey. He said Planning Is currently in negotiations for a development agreement with the developer and had anticipated applying for a rezoning to Central Business (CB -10) once that agreement was largely accepted. He said the main distinction between the Central Business Support (CB -5) and CB -10 zone is height limitation. Yapp explained that for the CB -5 zone the limit is seventy -five feet, which is approximately a six story building, while the CB -10 zone does not have a strict height limitation, but does have a Planning and Zoning Commission April 1, 2013 - Informal Page 2 of 7 floor to area ratio requirement of ten or up to fifteen with bonus provisions. He explained what the zones were immediately bordering the subject property. Yapp said in evaluating this application to CB -5, staff's conclusion was that the subject property has characteristics which would make it appropriate for CB -5 or CB -10. He explained all the characteristics that are written into the Comprehensive Plan and the Downtown /Riverfront Crossings Plan that made it appropriate for the CB -10 zoning. Yapp said staff recommendation is to recommend against CB -5 zoning with the eventual goal of applying for CB -10 zoning. Eastham asked if Yapp could expand upon the idea that there is a functional transition here that would actually accomplish whatever transition areas are supposed to accomplish. Yapp said he thinks of a transition area as stepping down in zoning and intensity from a higher intensity area to a lower one. He said staff looked at the fact that an existing 475 space parking facility is to the east of the subject property and there's additional Central Business Service (CB -2) zoning to the east side of that parking ramp and to the east side of Van Buren Street for the transition from the residential zone to the east. Eastham said he understands what zones are there and said what he wants to know is the purpose of a transition zone and how either the CB -5 or the CB -10 zoning accomplish that purpose. He asked if the sole measure of transition zoning is that there's some other zoning on each side of it. Greenwood Hektoen said she thinks that's a good question for Thursday because many people are interested in that discussion. Eastham said he thinks that the other aspect at play here is that the recently adopted Riverfront Crossing /Downtown Development Plan talks about at some length about preserving historic buildings. He says from this staff report it seems to say that the only strategies necessary to preserve our historic buildings is that they are not redeveloped. He said there might be other things that affect whether or not a historic building is able to functionally maintain itself as a historic building. He asked Yapp to comment on that, particularly since there is a historic building directly to the west of the subject property. Swygard said the staff report talks about the shadow effect, focusing on the park. She said it mentions that shadow studies were done. She said would like to see the shadow studies that were done on surrounding buildings. Yapp said shadow studies were done on the three final proposals that Council considered. Martin asked upon which buildings they considered the shadow affects. Yapp said the impetus for that was on Trinity Church. Swygard asked if any of the studies were directed to the east. Yapp said they were. Swygard asked to have that information made available to the Commission. Thomas said they don't have any information on what the shadow affects would be of a CB -5 building. He said he would like to see what the effects of a CB -5 building would be. He said the shadow affects were studied at the minimum and maximum elevations of the seasons, the winter and summer, and he would like to see it at the midpoint because there's wide variation in terms of sun elevation throughout the year. He said what they are seeing from the existing studies are the two extremes from during the year. Yapp said the City does not have the technology to develop shadow studies. Thomas said that given how important this project is, they need to have that information. Swygard said if the argument for or against any proposal is the shadow affect, she feels she needs more information. Eastham concurred with Swygard's statement. Weitzel asked if there was a fourth person interested in this kind of study. Dyer said she is. Planning and Zoning Commission April 1, 2013 - Informal Page 3 of 7 Thomas proposed starting at 7:00 a.m. and continuing the study at 10:00 a.m., 1:00 p.m. and 4:00 p.m. Yapp said the studies he has did 7:00 a.m., 9:00 a.m., 11:00 a.m., 1:00 p.m., 3:00 p.m. and 5:00 p.m. Thomas said that would be fine. He asked for a bigger picture of the subject transition zone. Swygard said she wants to see the residential zones from the east from the parking ramp marked out clearly. Thomas said in the staff report there is a mention of the properties in the Downtown Planning District and his understanding is with the update, Iowa City 2030, there is a discussion of having a redevelopment plan for study done, with whatever that comes out of that being folded into the Central District Plan. Miklo explained that the reason staff suggested that those areas might be added to the Central District is that the Downtown District does not automatically require design review for multi- family infill buildings. Therefore staff suggested that the areas that are not currently covered by the Downtown Plan or the Central District Plan be added to the Central District to assure design review. Eastham asked if the Commission is going to look at the design of the proposed building at College and Gilbert Streets. Miklo replied that if this comes back before the Commission as a CB -10 zone, those are conditions that can be considered with the possibility of a Conditional Zoning Agreement. Eastham said he would like staff's comments about why we are doing anything with zoning in those areas now when the overall plan is to have a more detailed study about what to do with zoning in those areas. Miklo said staffs concerns are that these areas are likely to develop without any sort of guidelines. In the case of the subject property it is zoned P but the City has determined that it is not needed for City purposes and there was interest from private developers so that the decision was made to handle the property through the RFP process. Eastham asked what the Commission's role is with this application. Greenwood Hektoen said they would consider whether the zoning request is consistent with the Comprehensive Plan as they would do with any other zoning request. Eastham asked if he had to consider the Council's RFP. Greenwood Hektoen said he would. Thomas said he would like to know what the building height is on the Gilbert Street side, so he will have an idea what seventy -five feet would mean on Gilbert Street. Eastham said he would appreciate staff's comments on any other areas where CB -10 zoning occurs other than in the Central Business District, and he would like that to be noted in the staff report. Thomas said he wants to bring in any information from the Riverfront Crossings Plan that speaks to the question of building height. He said that would pertain to development standards or the recommended building heights with the proposed development. He said he thinks that ties to the concept of transition. Eastham said he is struggling with the notion of the recently established Riverfront Crossings Planning and Zoning Commission April 1, 2013 - Informal Page 4 of 7 and Downtown Districts and the emphasis in those locations for much more dense uses in higher buildings and how planning for uses in those are superseded by or complementary to the Riverfront Crossings and Downtown District Plan. He wants to know how those recent planning efforts fit in with the current situation at Gilbert and College Streets. Thomas said he wants to know how this plan for a twenty story building reflects the more general thrust of the Downtown / Riverfront Crossings Plan as being in a more southern direction. He said he's not aware of any discussion that the CB -10 character should be moving east. Swygard said that in going over map after map it's obvious as mentioned in the staff report, that the downtown is bordered on Gilbert Street. Miklo explained that the CB -10 zone has traditionally been the Center Business District zone, and that stops at Gilbert Street. He said the Downtown District for planning purposes extends further east, north and south. He said the CB- 2, CB -5 and CB -10 zones are all downtown zones. Dyer wants to know why the City has a Planning and Zoning Commission or why this doesn't come here first. Miklo asked if she is asking in terms of the RFP. She said she was, and dealing with rezoning after the decision has already been made that what's going to be there is going to be in that zone. Greenwood Hektoen said it hasn't been rezoned yet, so it's still a question for the Commission to consider and for Council to consider. Thomas said the Ryan proposal could be used as an example of a CB -5 building for the shadow study. He said he would like to see the Fall and Spring equinox in the shadow study. Comprehensive Plan Item Public hearing on an amendment to the Comprehensive Plan to adopt an update to Iowa City's Comprehensive Plan: "Iowa City 2030." Walz said they have made some changes to this Plan based on feedback at the last meeting, and she handed out the changes to the Commission. She explained that she is adding Hazard Mitigation Risks to a sidebar that lists all the components of the Comprehensive Plan. She said in response to Eastham's request she had eliminated the word "lure" in two places. She said she had added a brief statement after public safety and how that's part of good neighborhood planning. She explained how she has strengthened the portion regarding continuing to track, measure and reduce energy consumption and greenhouse emissions. She said that in her research she found no derogatory connotations to the term "workforce housing ". She said she could only find the term "workforce" in the economic development section of the plan and it did not refer to housing but developing the workforce. Planning and Zoning Commission April 1, 2013 - Informal Page 5 of 7 Walz said there has been a call from both the Commission and some people in the community for more concrete steps and measures regarding achieving sustainability. She said once Brenda Nations has completed her report the City will have clear measures of where we are and what is possible, and as a result of that assessment the City can set clear goals and steps to attain sustainability. She said the things that lead to sustainability are already written into City Code, things like walkability, complete streets in every subdivision, and the use of mass transit. She said commercial development is spread throughout the city so there is access for the neighborhoods. Thomas said he thought the walkability is the best indicator of all sorts of measures. He said that we do need to measure the goals set forth in the Plan. Eastham said that measuring lets them know what is actually happening, even if it not what the Plan calls for, but they have to know whether it is or isn't happening. Walz said that is what Nations is doing at present. Thomas said having the measures may promote cooperation between agencies. He said we are all one community and these things do all fold together in establishing quality of life. He said measuring gives them a better idea of where they need to focus. Eastham said he is not satisfied with a part of the Plan that designates the College /Gilbert Street parcel for Commercial Development within the new Plan. Miklo said the reason for the change is that the Council has decided that the property is going to be sold. Miklo said three blocks, with the exception of the subject corner, are shown as Public. Eastham said the borders on the east side are shown as mixed uses. Miklo said that is based on the previous Comprehensive Plan which was based on the uses that are there. Eastham said perhaps he should note that Commercial doesn't mean CB -10. Development Item SUB13- 00007: Discussion of an application submitted by S &J Development for a preliminary plat of Country Club Estates 4 -7 Additions, a 67 -lot, 51.08 acre residential subdivision located west of Lake Shore Drive. Miklo explained that this application has expired, as all preliminary plats do after two years. He said there haven't been significant changes in zoning regulations since this application expired for this part of the city. He said the plan before the Commission is almost the same plan that was approved before. He showed the Commission the changes that were made. He explained that the reasons for the staff's concerns are that the corner lot will have streets on three sides, which isn't very desirable, and another house has a street in front and in back of it. He said the subdivision Codes try to discourage that. Staff is recommending approval of this application. OTHER ADJOURNMENT: Swygard moved to adjourn. Thomas seconded. Planning and Zoning Commission April 1, 2013 - Informal Page 6 of 7 The meeting was adjourned on a 6 -0 vote. z 0 � o 0 W Z Z N N a N ad W 0 F- z F- 2 a z J CL V- NXxxxxxx M MOXXXXXX LU Nx x X x X O X NXxxxxxx NXXXXXXX ti ;XXxXXXx X X X 0 x x T-XXXXXXX X X X X X X X N x X x O X X X �DXDXXXo T-XXXXXXX T- co �xxxxxxx 0 �xXXX0X0 I Leo oXxXXXwX •- O Qxxxxxxx 0 M X x x x x X x XXxXXXo CD °xxxxXXo 0com `Lo Mm co cooXxX0X0 ,xxxxxxx W_ �Xxxxxx- J W J Z m = co J 0VQ =Zw4= =a�� w 0 w M (- Lo Lo M vaYao E..X0000000 W =�zQaw W W a Q W OR LL Q= U) W W } Q Z W D Z J= Q= CL � 0 a0 o UQ�IZQQW W &P W U Z � F- =W Zia W LL to F- CDXXOXXXX MXXxxxxx NXxxxxxx ;DXXXXXx NX X X X 0 x x cn N X X X X X X X ooXxxxx- �DXDXXXo M coXXXXXXD 0 �xXXX0X0 w0XXXX60 C—XXXXXXX 0 M X x x x x X x �W 0com `Lo Mm waLnLOLnMLnMto �..X0oo00a0 W W_ J W J Z m = J 0VQ =Zw4= =a�� vaYao LU LU% W =�zQaw W Q} Z a Q W OR LL Q= U) W U � W w a_ Q < Z ii ii Q n XOw; 0 r w Y IP11 PLANNING AND ZONING COMMISSION PRELIMINARY APRIL 4 — 7:00 PM — FORMAL EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Carolyn Dyer, Charlie Eastham, Anne Freerks, Phoebe Martin, Paula Swygard, John Thomas, Tim Weitzel MEMBERS ABSENT: None. STAFF PRESENT: Bob Miklo, John Yapp, Sarah Walz, Sarah Greenwood Hektoen OTHERS PRESENT: Rockne Cole, Mark McCallum, Jon Fogarty, Nancy Quellhorst, Louise Young, Mary Gravitt, Josh Schamber, Diane Machatka, Peter Jordet, Erik Gidal, Elizabeth Michael, Amanda Van Horne, Paul Hanley, Alan Swanson, Regenia Bailey, Bill Nusser, Jan Palmer, Elsie Gauley Vega, Dhyana Kaufman, Ann Christenson, Sonia Ebbinger, George Etre, Tim Connery, Philip Kemp, Perry Lenz, Nancy Adams Cogan, Eric Johnson, Linda Fisher, Nancy Carlson, Mary Murphy. RECOMMENDATIONS TO CITY COUNCIL: The Commission voted 7 -0 to recommend approval of an amendment to the Comprehensive Plan to adopt an update to Iowa City's Comprehensive Plan: "Iowa City 2030." The Commission voted 7 -0 to recommend approval of SUB13 -00007 an application submitted by S&J Development for a preliminary plat of Country Club Estates 4 -7 Additions, a 67 -lot, 51.08 acre residential subdivision located west of Lake Shore Drive. CALL TO ORDER: The meeting was called to order at 7 :00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. Rezoning Item REZ13- 00009: Discussion of an application submitted by Rockne Cole, Jon Fogarty and Mark McCallum for a rezoning from Public (P -1) zone to Central Business Support (CB -5) zone for approximately 0.38 -acres of property located at the northeast corner of Gilbert and College Streets. Planning and Zoning Commission April 4, 2013 - Formal Page 2 of 15 Yapp explained that the property is currently owned by the City, is zoned Public (P) and is in the Downtown Planning District. He showed a view of the property, and, at the request of the Commission, showed a large view of the zoning patterns in this part of the city. He said in staff's opinion the zoning does step down in density as the zoning pattern moves east from this property. He said that the Riverfront Crossings /Downtown Plan, while not specifically including this parcel, does state that corner lots should be reserved for taller buildings and that new development should be focused on lots that do not contain historic buildings and that mixed use developments should be encouraged. He said that the current Comprehensive Plan states that higher density development in the Downtown reduces pressure on the less dense surrounding neighborhoods. He said the property has many characteristics consistent with either Central Business Support (CB -5) or Central Business (CB -10) zoning as outlined in the staff report. He said the site is close to arterial streets and several public buildings. Yapp said staff feels that the property has several elements that make it more appropriate for CB -10 zoning than for CB -5 zoning: the adjacency to existing CB -10 zoning; it is on a corner lot and adjacent to a 475 space, 24 hour parking facility; CB -10 is more consistent with the larger strategy of promoting a pedestrian- oriented downtown; the ability to add more to the mix of destinations and residences downtown; and the ability to deliver a mixed use development, which is emphasized in the Downtown Plan. Yapp said they were able to mock up a shadow study, at the Commission's request, for a generic CB -5 building. He showed shadow studies for both that and The Chauncey. He showed the studies for various times of day and at the highest and lowest points of the sun during the year. He said in staff's opinion the shadows are similar. He showed other months and times for both buildings. Yapp said that staff recommends denial of the request from the applicants. He said staff feels that a CB -10 zoning is more appropriate given the characteristics of the property. He said staff intends to apply for CB -10 zoning when an agreement to transfer to private ownership is more imminent. He said until that time, staff feels that it's appropriate that the property remain zoned Public (P). Eastham asked Yapp if he is correct in that there is more of a shadow effect for a two - hundred than a one - hundred foot building on the Trinity Church property to the west. Yapp said that all other things being equal, he would agree. He said that the he believes the setback of the upper floor of the building make a difference. Eastham asked if there is some way to measure or to assess the effect of the shadowing from either building on either the Trinity property or the park to the north. He asked if there being a shadow would be a problem. Greenwood - Hektoen said she thought that was a subjective question that's difficult for staff to answer. Thomas asked when the CB -5 and CB -2 zonings were developed and how the building heights and Floor Area Ratio (FAR) standards for those zones were developed. Miklo said the CB -2 zone was put in place in 1985 and allowed ten -story buildings at that time. He said reforms in 2005 reduced the height limit to four stories. He said the CB -5 was developed in the early 1990s as a way of encouraging redevelopment south of Burlington Street and east of downtown. Thomas asked if the two aforementioned zones were developed at the same time as the CB -10 zone. Miklo said the CB -10 zone has been in place since at least 1983. Freerks asked if CB -2, CB -5 and CB -10 zonings have all had a number of changes. Miklo said Planning and Zoning Commission April 4, 2013 - Formal Page 3 of 15 the only significant changes to the CB -10 zone have been some design guidelines for storefronts and some requirements for parking for residential uses. He said he doesn't think the CB -5 has changed significantly. He said the CB -2 zone had the change in height requirements. Thomas asked why seventy -five feet was set as the height limit for the CB -5 zone. Miklo said he would have to look at the files to get that information. Freerks asked if there are bonus points available in CB -5 zone. Miklo said there are and the Floor Area Ratio (FAR) can go up to five with streetscaping improvements and masonry construction. Freerks asked if there are any height restrictions in the CB -10 zone or if it's all about lot area. Miklo said in zone has a maximum FAR of ten, but you can get a higher FAR by including things the City wants to promote, such as Class A office space. Swygard asked if this is in the Downtown District in the current Comprehensive Plan. Yapp said it is. Swygard asked if in "IC 2030" it will remain in that district. Miklo said the draft document indicates that that the area between Gilbert Street and College Green Park needs further study and depending on that study may be added to the Central Planning District. Eastham said that in the staff report it says that reducing development pressures on surrounding near downtown neighborhood is one of the rationales that staff uses to support CB- 10 zoning for this parcel as opposed to CB -5. He asked if staff is going to propose additional CB -10 zoning to the east or north of the current proposal. Yapp said staff is not contemplating additional CB -10 zoning in that area, however, the downtown section of the recently adopted Riverfront Crossings Plan does state that underutilized properties, corner lots and non - historic properties are appropriate for higher density development. Thomas asked why the staff reported that the main distinction between CB -5 and CB -10 zoning is the building height. He said the two aspects that differentiate the two zones are building height and Floor Area Ratio (FAR), so he's not clear why Yapp said the main distinction is building height. Yapp responded it's because the two are related in that the higher the FAR, the taller the building can be. Thomas asked if the shadow study they did on a generic six story building was for the entire footprint of the building. Yapp said they had a setback on the upper floors. Thomas argued that the FAR in the two zones is different. Yapp agreed. Eastham referred again to the statement about reducing the development pressures on surrounding near downtown neighborhoods. He said he thought the gist of what they had been doing the last several years to address that issue has been trying to reduce the number of short- term renter occupants in those neighborhoods. Miklo said they have been undertaking other measures to reduce pressures. Eastham said the proposed use of this parcel under CB -10 zoning would do that, unless staff is recommending that some of the residents in the proposed building are used for short-term student occupancy. Miklo said it's not just about student housing. He said the City's efforts have been to channel the demands for space to areas that don't have historic buildings on them. Freerks opened public hearing. Rockne Cole of 1607 East Court Street said that the Comprehensive Plan is a document that the Commission is sworn to uphold. He said what the Iowa Coalition Against the Shadow is asking the Commission to do is to follow and uphold this document that citizens have spent countless hours developing as they determined what kind of city we want to become. He said Planning and Zoning Commission April 4, 2013 - Formal Page 4 of 15 their application for CB -5 zoning complies with the Comprehensive Plan in every way. He said negotiations are underway, and it is still to be determined if the City will give away thirteen million taxpayer dollars. He said the applicants' request boils down to determining the appropriateness of CB -5 zoning for this parcel. Cole read from the City Code that says: The purpose of the height limitation is to promote 1. Reasonable building scale and relationship between buildings 2. To provide options for light, air and privacy 3. To prevent buildings that visually dominate other buildings in the vicinity. He said the proposed development will be higher than any other development in the city by at least six stories, and it will tower over all other developments in the community. He said the community believes this area should be transitional. He said the purpose of CB -5 zoning is to provide orderly transition from the Central Business District. He asked under what definition of orderly is the very first expansion of CB -10 as a twenty -story building. He said that's not orderly, it's not in scale, and it's a violation of the public trust. He said the applicants want the Commission to grant the application and put it in the hands of the City Council, who were the ones who did not first consult this Commission or determine if the community would uphold this. He said the applicants and the coalition support higher density that's environmentally sustainable for business expansion. He said what the applicants are asking is that the very first expansion from the Central Business District is not the highest building in the 170 year history of this community. Greenwood Hektoen clarified that there is no developers' agreement for this site, so the building height has yet to be determined. She said Council has indicated that they would anticipate CB- 10 zoning there. Mark McCullum of 1610 Crescent Street asked what zoning this lot was prior to the City's ownership. Miklo said staff would research that and report back to the Commission. McCullum said he participated in the Zoning Code rewrite in 2005 where they got lots of feedback from the citizens indicating that the subject area was a transition area. He said when the City studied this area for the Code rewrite, the result was a downzoning, not an up zoning. He asked if there is an intention to rezone all public spaces in the area to CB -10. Yapp said there was not. McCullum said he had been hearing that the Recreation Center, which covers an entire city block, is in play before this is all over. He said if they start expanding the CB -10 zone, what's to keep other buildings in CB -5 zones and CB -2 zones from asking for a CB -10 rezoning. He suggested that everyone view the city from College Green Park and look at what's happening to that area and they'll see how the city is moving eastward towards the park. He said this is the first of many steps that he would call a slippery slope in why the CB -5 zone makes so much sense as a transition zone. He said the applicants are for development, but would like to use East Village in Des Moines or McQuillen Place in Charles City as models where there can be reasonable transitional development that also expands the tax base. Jon Fogarty of 1111 Church Street said in retrospect, if City Council had been doing their homework, they would have rezoned this before they put out the Request for Proposals (RFP) and the community would be discussing this map long before time and expense were put into proposals. He said if you had asked citizens what size building should be put on that site; he doesn't think many would say it should be the tallest building in town. He said the historic neighborhood adjacent to this proposed building is only two stories high. He said he can't imagine many people recommending going from five, to twenty to two stories all within a block. Fogarty said the vision that is being put forth is myopic and doesn't take into account the rest of that property. He said if they stick to the Comprehensive Plan and go south of Burlington and the proposed building is as wonderful as is being touted, it's going to be a magnet for Planning and Zoning Commission April 4, 2013 - Formal Page 5 of 15 development as downtown moves south of Burlington in accordance with all the planning that has been done. He said if they are going to not go south of Burlington and spot zone this and make a giant wart in the midst of CB -5 and CB -2 buildings, they might as well go all out and bulldoze everything on three blocks from the Recreation Center to United Action for Youth, sell it all for lots of money and be ready to zone it CB -10, do CB -5 all around it and watch the encroachment into College Street. He said if the building is as good as advertised, it will be a magnet for other density, and that's why it belongs in another part of the city. He said there have recently been a number of great buildings in that neighborhood fall to the wrecking ball and be redeveloped, and that is the future of the neighborhood if this one property is spot zoned. He said then everyone from the Credit Union to United Action for Youth and others could then ask for higher density zoning if this one building is spot zoned. He said when talking about vision, let's not just look at this small subject parcel of land, but think about the vision for the entire neighborhood and downtown and stand by our Plan. Nancy Quellhorst of the Iowa City Area Chamber of Commerce said she supports the retention of Public zoning with the hope that this property will at some point be zoned CB -10. She said CB -10 would better align with Smart Growth strategies, which include dense urban areas, enable walkability, and boost the local economy, and create an environment that feels safe. She said most importantly it could bring a real vibrancy to our area. She said CB -10 will allow for a critical mass of the workforce housing with office space and ground level activity that will best utilize this unique parcel. Louise Young of 320 E. Washington Street said that this zoning should never be moved to CB- 10. She emphatically stated that a twenty story building does not belong in this part of town, and it's inconsiderate of someone to put that building up when so many other buildings are affected by the shadow it creates. She said she belongs to Trinity, and they use the sun and the ground to go green on their heating and electricity. She said a smaller building that makes use of the green methods of conserving electricity would be much better suited to that site. She said the people at Trinity are very puzzled why the Council did not choose the one proposal that did fit the bill. Mary Gravitt of 2714 Wayne Street said Gilbert and College Street is only an approach to the downtown area so that twenty story building is completely inappropriate and would create a canyon. She said City Council has gone insane and thinks this town is Los Angeles or Paris or New York. She says putting a twenty story building there looks very suspicious, as it may forebode a move toward Linn Street, and building its brothers and sisters. She said she doesn't want to see Iowa City overextend itself when we are what we are. Josh Schamber, president of the Iowa City and Coralville Area Convention and Visitors' Bureau said they have been pleased by the transparent and inclusive process of staff and City Council. He said they are pleased with the cinema and bowling alleys that are proposed as they will bring more community residents into the downtown area. He said they are pleased by having another hotel and workforce housing. He said he believes that the developer will work to develop a project that a majority of the community can be proud of. Diane Machatka of 406 Reno Street disclosed that she works in the University of Iowa Planning Department but she does not speak on behalf of the University and her comments do not represent any University position. She said she supports development on this corner and the City's goals for this development. She said, however, she doesn't think it's safe to assume that just because something is outside the border of a neighborhood it's not really going to have a negative impact. She said we have a responsibility to make sure that historic neighborhoods and historic properties are not diminished by new development. She said the block just east of Planning and Zoning Commission April 4, 2013 - Formal Page 6 of 15 the subject site is zoned CB -2, and all the other boundaries on the CB -10 zone that are not public are zoned CB -5, which then steps down to CB -2 or CC -2. She said this is the only location in town where a CB -10 area is bordered by CB -2, and to say that going directly from what could be a twenty story building to a half block wide of CB -2 and then directly into a residential historic district does not constitute a reasonable transition. Peter Jordet, a student at the University said he believes the CB -5 zone achieves just as well if not better what the CB -10 zone could achieve. He said the infill that has occurred so far in the adjacent CB -10 zone is lower height buildings that fit into what is already there and the CB -5 zone would insure that trend continues near downtown. He said CB -5 would make a better transition area. He said much of the Riverfront Crossings area will be zoned CB -10 and near downtown, so if the subject property were to be zoned CB -10 it would only marginally improve walkability or increase the amount that will be here in the future looking at the entire picture of what's going to happen to the city. Erik Gidal of 328 Brown Street said he thinks City Council and City Staff as well as many people who are interested in downtown commerce are collectively losing their minds when they think about building a twenty story building. He said this building would be a monumental disaster for the downtown of the city. He said this is a matter of intervention among friends, and he is asking the Commission to step in preemptively and zone this CB -5 as a message that there needs to be a limit to the kind of development that's going on and a sense that City Council really needs to rethink this. Elizabeth Michael of 2801 Highway 6 E. said when she read about how the decision came about in choosing the proposed building she decided that the fix was in. She said other people talked to her and were similarly outraged and suspicious. She said it may be that the building City Council chose may be the best building, but the process by which it was chosen does not inspire confidence. She said before City Council is able to move ahead with the process she wants them to use the criteria that they established to decide if this is truly the best choice. Amanda Van Horne said she is the Junior Warden at Trinity Episcopal Church and is speaking for CB -5 zoning on behalf of the congregation and vestry. She said they think that CB -5 zoning would result in a development that's consistent with the Comprehensive Plan, maintains the viability of their congregation, and provides for the welfare of all citizens. She said the Commission has a responsibility to be the gatekeeper of the Plan, insuring that everyone, including the City, abides by the Comprehensive Plan. She said the ways Trinity uses their property are limited by the parking and space constraints that come with their decision to remain downtown. She said they fear that increased pressure on parking, which may result from CB -10 zoning, would limit their economic viability. She said if limited parking causes people to go to other churches or causes them to alter church activities, they may no longer be a viable congregation and may be forced to abandon a historic building that they treasure. Van Horne said Trinity has long been an advocate of affordable housing. She said high rise construction limits who can afford to use the building. She said that buildings taller than seventy - five feet are required to meet the building codes for high -rise construction, meaning increased construction costs and higher rents that will limit the ability of low and moderate income individuals and non - profit entities to use the space. She said given the public investment via the TIF, it should be insured that the building is open for use by tenants of both modest and extravagant means. She said CB -5 would limit the height of the building and therefore limit construction costs, allowing the building to be more accessible to the general public. She said they are urging the Commission to decide for a building scale that respects the City's own plan for the neighborhood. Planning and Zoning Commission April 4, 2013 - Formal Page 7 of 15 Paul Hanley of 518 Meadow Street said he taught Urban Planning, and he thinks it is premature for the applicants to be asking for a change in the zoning. He said he believes a higher density belongs on this side of Burlington Street. He said he doesn't think a rezoning to CB -5 will relieve the concern of the shadow affecting Trinity Church. Alan Swanson of 930 Foster Road said CB -10 zoning indicates a city moving forward, not stuck in neutral when it comes to an exciting urban future. He said this building is a beacon of progressive thinking. He said he sees the offerings of this building as a great addition to help top off the complement of arts that the city offers. He said as a realtor he knows that young and aging populations want to live downtown. He said we are no longer a small town, but rather an international city. Regenia Baily of 310 Reno Street said it's rare when a public space is turned into commercial land. She said this is the community's land, and they should seek the highest return on it, and CB -10 makes that possible. She said to deal with the growth pattern of Iowa City; it makes sense to look into increasing the density where there already is the infrastructure. She said development like this takes the pressure off our older neighborhoods. She said CB -10 offers the most possibilities of the vision of bringing people downtown and it supports the vibrant and active community downtown. She said she would hate to see this rare opportunity squandered by keeping things short. Bill Nusser, owner of Hand's Jewelers, said that we need responsible development that will increase the chances of sustainability and survival for commercial business owners downtown. He said that the Moen project offers that. He said he frequently hears that people want to live downtown, and that opportunity doesn't exist right now. He said he thinks this project offers a more stable type of resident as opposed to all the student housing that is in the downtown area. He said he thinks this is exactly what the town needs exactly where we need it. Jan Palmer of 814 Bowery Street said the genius of Iowa City is that it does not read as a city, offering a rich cosmopolitan environment with the warmth and hospitality of a large town. She said if they don't destroy it, this unique blend of elements may prove over time to be Iowa City's civic asset. She compared Iowa City to Madison, Wisconsin, a city, not a town, which has maintained a strict height limit on its buildings. She said a seventy -five foot limit seems entirely appropriate for this location. She said anything larger would be out of scale and significantly obstruct the view of downtown from neighborhoods to the east. She said the CB -5 zoning would help assure that growth can be accommodated while protecting the essential nature of the community. Elsie Gauley Vega of 320 E. Washington Street said that a tall building just across from a historic property is too close. She said just because the site is on a corner, it doesn't seem to be calling for a tower. She said it's an insult to Trinity Episcopal Church, which just completed a project on their building to provide more service to people. She said we are called Iowa City but we are really a town. She said build the tall buildings in Riverfront Crossings instead of in a residential district. She said the apartments in the proposed building would be too expensive for the working class. Dhyana Kaufman of 422 Wales Street said this site is just not the right place for a twenty -story building. She said this is public land, held in trust by the City, and she doesn't feel there has been enough genuine public discussion about what should be put on this site. She said she feels that staff and City Council had this grand vision for what should go here, but they missed the piece about talking to the community. She said a lot of people are passionate about the Planning and Zoning Commission April 4, 2013 - Formal Page 8 of 15 character and nature of this town. She said because this is public land, the community needs to hold the commission to higher standard for expectation of how it is used. She said this should go back to City Council for more public hearings. She said this is indeed a rare opportunity to make a space that is special and is really for the whole community, and could still be a magnet. She said this is more about return on the dollar. Ann Christenson of 827 Dearborn said she has a Masters in Urban Studies. She said a building of twenty- stories is entirely inappropriate for that site. She said she thinks there are more appropriate opportunities for a building of this type in the Riverfront Crossings area. She asked why the City isn't pursuing the plan they already have for high rises in that area. She said this building on the proposed site would obscure the view of Old Capital, our most recognizable image. She asked why the City is giving so much TIF money to a project that should be able to stand on its own. She said tax payer money should not go into it at the level it's being offered. Sonia Ebbinger suggested we wait until the Park 2001 has been completed to see what the shadow is like with this fourteen story building. She said the apartments in these high rises are too expensive for the working people. She said this is a charming town, and we shouldn't make it bigger than human, and she thinks these big buildings in the downtown are going to make it lose its humanity. She said if Gilbert Street and College Street are going to have both more residential and visitor traffic spilling out onto them, it's going to get overloaded with both drivers and pedestrians. George Etre, a downtown business owner, said he is excited by the proposed development. He said projects like this only help the vibrancy of downtown. Tim Connery said he believes that the strong economic environment in Iowa City was fostered by the ability for responsible developers such as The Moen Group to proceed with projects such as the proposed one. He said he thinks we shouldn't be afraid of this project. He said it is what is needed to attract young professionals to the city. Philip Kemp said he is speaking on behalf of Trinity Episcopal Church as a vestry member and wants to emphasize that this is a historic decision that should be taken in context with what may happen next. He said the Commission is setting a precedent here. He said if they recommend CB -10 zoning they are opening a door to other CB -10 development moving to the east. He cited an example in a section of London that was glutted with high rises that have not turned out to fulfill the hopes and dreams of their planners and builders. He said we have to think about environmental sustainability, and the carbon footprint of the proposed building may be quite extensive in terms of light, energy and people commuting in by car. He said Trinity was getting LEEDS certification on its building when they redeveloped it in 2009. He said if the proposed building without any height restriction goes ahead, that will increase Trinity's costs of lighting and heating and possibly cause them to relocate. Freerks called for a five minute break, after which the meeting was called to order and public hearing continued. Perry Lenz of 113 Post Road said his concerns with a CB -10 zone is the traffic or parking problems that could be created. He said with the character of the neighborhood, CB -5 zoning would be more appropriate. Nancy Adams Cogan of 1117 St. Clements Alley read a poem about light on College Street and beyond that indicated her concern about light, the sky and the views of Iowa City if high rises start proliferating. Planning and Zoning Commission April 4, 2013 - Formal Page 9 of 15 Eric Johnson of Oxford said it is conceivable that the proposed building could be the seventh tallest one in Iowa in a transitional zone. He said the proposed building, only one story lower than the Alliant Tower in Cedar Rapids, is entirely out of place in the proposed location. Linda Fisher from Coralville said she likes Moen's ideas very much, but he may be able to find another place for this proposed building that won't pull the community apart. She said she has faith in him to do that. Mary Gravitt said she had issues with the pejorative connotations of the term "workforce housing." She argued that there was nothing transparent about the City Council's selection of that twenty -story building. She said Trinity Church made their improvements on their own and didn't get any TIF money. Louise Young said she and the people at Trinity are in favor of responsible development. She said it not responsible to build multiple skyscrapers in this town, particularly in a transitional area. She said the decision needs to be made carefully and prayerfully. She then said a prayer. Nancy Carlson of 1002 E. Jefferson Street said from attending Planning and Zoning Commission meetings for over twenty years, she has come to realize that one of the major arguments that's always used by staff is that the subject area is already zoned a designation, so why not expand it a little, with disregard to the area around it. She said she is frustrated by the fact that the rest of the buildings in the CB -10 zone across from the proposed development are of CB -5 character. She reminded the Commission that every time a developer has tried to up zone an area they have told the Commission that if they don't do this it will be to the detriment of the city. She argued that it would instead be a detriment to them, not to the city. She said the City has turned down many of these projects, and she asked as a result if the city has suffered or moved forward in a way that is better for all the citizens of the community. Bill Nusser said he was happy that the shadow effect between a CB -5 and CB -10 building appeared to be negligible. He said the people downtown have a concern that a CB -5 designation would bring more of what we have now, and it's inexpensive student housing, and they don't think anyone could build anything other than that in a CB -5 zone. Amanda Van Horne said she is again speaking on behalf of Trinity Church as an entity. She argued that if a setback was included in shadow study for a CB -5 building, the shadow effect could possibly not affect Trinity as intensely. She said even if there isn't much of a shadow on Trinity after 9:00 a.m., two of the Sunday morning services and four weekday services are held before 9:00 a.m. She pointed out that all the units proposed for workforce housing would be one or two - bedroom units and the rents would be between $1100 and $2500 if it conforms to the workforce housing restrictions. She said this is not affordable for those who are classified as "workforce." She said it's been put forth that increased density downtown would improve walkability. She said it might improve walkability for the people who live downtown but many people drive from outlying areas and need to park to access the areas that are public spaces. She said having a movie theatre and hotel that have varying capacities would influence the ability of people to access the downtown. She cited instances of church members being adversely affected by the safety issues of ice created by the shadow effect, parking and more traffic. Paul Hanley reminded the Commission that the decision on the petition is to change from P -1 to CB -5 zoning. He said it's not making a comparison between CB -5 and CB -10, and that's an argument for another day. Planning and Zoning Commission April 4, 2013 - Formal Page 10 of 15 Freerks said she feels like the Commission might not want to decide on this application tonight. Cole asked if the Commission needs other information or facts. Freerks said if the Commission doesn't feel confident making a vote, sometimes they will just deny the application, and she wants to give this the opportunity to have thought and consideration. She said she's going to have to think about it more. Cole said given that this decision will have implications for potentially one - hundred years and potentially involve tens of millions of dollars of taxpayer money as well as private development, the applicants will waive the 45 day limitation period. Freerks closed public hearing. Thomas moved to defer until April 18, 2013 REZ13 -00009 an application submitted by Rockne Cole, Jon Fogarty and Mark McCallum for a rezoning from Public (P -1) zone to Central Business Support (CB -5) zone for approximately 0.38 -acres of property located at the northeast corner of Gilbert and College Streets. Eastham seconded the motion. Thomas said a great deal of thought has gone into this on the part of the community, and it's a major decision for the Commission. He said he's looking forward to reflecting on the comments he's heard today. Eastham said the issues that he will be interested in at the next meeting will probably be protection of historic structures as called for in the Riverfront Crossings /Downtown Master Plan and the Comprehensive Plan. He said he's interested in the staff's further discussion about how that protection is actually supposed to occur. He said he is not clear on what a transition zone meant to accomplish and how to insure that purpose is actually accomplished. Martin said this is a question of zoning, not a building, so she needs to separate the two issues. Swygard said for her it's a zoning issue, and it's not about the buildings but she appreciates the input, because the types of issues the public hearing has brought forth, like height and light, are important for her to hear. Freerks said her hope will be that whatever occurs in this area in the future will be something that strengthens this area and doesn't break it apart. She said the Commission has a lot to think about. She said she can understand why it's an area keen for development. She said it's close to a lovely area to the east, but that want to keep that area lovely. She said Trinity has put a lot of work and money into part of the downtown, and they want them to stay downtown. She says she feels that the building and the zone are intertwined in some ways. She said in her mind, it would be nice if what is being negotiated right now weren't twenty stories, and she's not sure how putting the tallest building in Iowa City in a transitional zone achieves transition. Dyer said she doesn't think the Commission can consider this as only a zoning question. She said if they think of it as a zoning question, she is really troubled by this being another example of the City deciding to approve something and then coming to the Commission to see if they can have the zone. She said it's supposed to work the other way around. She said she is persuaded by the light argument because of a personal instance when her house lost its passive solar capacity by a three story building on the adjacent lot. She said light matters. Planning and Zoning Commission April 4, 2013 - Formal Page 11 of 15 Eastham said formally, this is an application to rezone a parcel of land. He said his responsibility as he understands it is to consider that application in light of the current Comprehensive Plan applicable to that parcel, which is the Vision 2000 Plan. He said that they are currently in the process of recommending a revision of that Plan which has basically a call to study this and other parcels. He said he would like the staff to help him work his way through what Plan he should be applying to this and without regard to whatever action the Council has taken. A vote was taken and the motion carried 7 -0. Freerks called for a five minute break, after which the meeting was called to order Comprehensive Plan Item Public hearing on an amendment to the Comprehensive Plan to adopt an update to Iowa City's Comprehensive Plan: "Iowa City 2030." Walz pointed out the changes that have been made to various portions, including Hazard Mitigation, Economic Development, Environmental, and Arts and Culture. She reminded the Commission that the issue of setting specific goals and measures for sustainability will be published in the Iowa City Sustainability Assessment that should be coming forth in the next few months from Brenda Nation's office. She said she will add some language to the background section of the Code just to call people's attention to that assessment, and that will be the City's opportunity to set very specific, measurable goals for sustainability. Eastham asked if those goals will be applicable to private developments in the city. Walz said some of them will. Freerks opened public hearing. Mary Murphy of Parkview Terrace said she has seen some deterioration in Iowa City. She complained about pan handlers and petty theft being less than helpful in attracting people to the city. She said many people with children that she knows have moved out of the city. She said she would like to see the "Iowa City 2030" Plan be truly evaluated to see if it is competitive with neighboring areas. She said there is a bias in this plan that does not favor families like hers. She said she would have liked to have seen the staff ask the community what they didn't like about Iowa City, which is just as important as what they like. Murphy said the comments of the people on McCollister Court were ignored, and they will now have high density housing behind their single family homes. She said not everyone wants to live at certain points in their lives in a mixed neighborhood, and she thinks the Plan needs to respect consumer choice more. She doesn't like the Plan's emphasis on shallow front yards or that it discourages cul de sacs, and driveways in front yards because these are all elements that affect a family with children. She said there's no reason why they should cram as much housing as possible into Iowa City, despite its limited tax base. She said she doesn't agree that there's an increased demand for higher density urban housing. She said workforce housing needs to be better defined in the plan. She said there needs to be more choices for aging people in the community. She said the Plan should think about whether commercial on the first floor is an idea that should continue, as some of those retail areas don't look that well patronized. Murphy said she likes the focus on the environment, but Iowa City is subsidizing a flood gate in Coralville and some of the University. She said that's bad public policy because it encourages Planning and Zoning Commission April 4, 2013 - Formal Page 12 of 15 people to build in a flood plain. Freerks closed public hearing. Weitzel moved to recommend approval of an amendment to the Comprehensive Plan to adopt an update to Iowa City's Comprehensive Plan: "Iowa City 2030." Eastham seconded. Eastham said the only major objection he has to what is before the Commission now is the land use map, which shows the property at the corner of Gilbert and College Streets for commercial development. He said his purpose is trying to avoid confusion about what they are doing with this amendment to the Comprehensive Plan for that parcel. He asked about showing the property as mixed use. Miklo said they have generally shown downtown and other major commercial areas as general commercial, which allows for mixed use. He said at this point staff would advise continuing with the Plan as drafted. Freerks said it does become an island if you show it as mixed use, and she doesn't know if she has a better answer to the dilemma than Eastham has. Eastham asked if in the staff's opinion if this land use scenario map is adopted is there any reason why the Commission could not approve zoning for CB -5 on that parcel. Miklo said he doesn't believe so because CB -5 and CB -10 are both commercial zones. He said adoption of this map doesn't compel the Commission to deny the CB -5 zone. Freerks said she would agree with that. Swygard said this update and the Riverfront Crossings /Downtown Plan project a lot of growth, and she said that could create a lot of strain on City resources if they don't keep up with the growth that is happening fairly quickly. She said in the Fire Department's strategic plan 2016 they list as one of their threats city growth outpacing department growth. Freerks said she sees that happening in Parks as well. Miklo said it will be decades before Riverfront Crossings builds out. He said the Plan doesn't make the growth happen, but it provides a plan that it can fit into. Swygard said with the buildings going higher, there may be additional training needed for fire fighters. Eastham said that Thomas had suggested that at some point they incorporate into the Comprehensive Plan a list of actual, measurable goals which gives indication of progress over a period of years. He said he supports doing that. Thomas said there's lots of good language in the update, but his concern is that in looking at plans from twenty years ago, there has been mixed success in meeting the goals and strategies, and measurability is a way of tracking that. He said he thinks it's important to come up with an action plan. Miklo said a good model of that might be the Historic Preservation Plan, which the Historic PreservationCommission meets on annually to review and plan progress. Dyer said there should be some goals and then an annual report on the progress of the goals and whether they need to be modified. Martin said this update is a lot of good work and still something of a work in progress. She recognized that it is not going to be everything to every person. She had questions about how you measure a goal. Freerks said she thinks goals are how you do it with limited time and resources. Planning and Zoning Commission April 4, 2013 - Formal Page 13 of 15 Eastham said there were comments earlier about honoring consumer choice, especially in housing type and location, and although that's an important thing to keep in mind, he also has to bear in mind that his responsibility is to the entire community. He said developers don't necessarily have the same inclination as he does all the time. A vote was taken and the motion carried 7 -0. Development Item SUB13- 00007: Discussion of an application submitted by SW Development for a preliminary plat of Country Club Estates 4 -7 Additions, a 67 -lot, 51.08 acre residential subdivision located west of Lake Shore Drive. Miklo said he received a revised plat and the technical deficiencies have been corrected. He said the two double fronting lots have been combined into one, so staff is recommending approval. He reminded the Commission that this is basically the same plan that was approved in 2009. He said one of the concerns was connectivity to Melrose Avenue. Miklo said in the long term a collector street is anticipated in the vicinity of Slothower Road connecting Melrose to the Country Club subdivision and eventually Rohret Road. Freerks opened public hearing. Freerks closed public hearing. Eastham moved to recommend approval of SUB13 -00007 an application submitted by S&J Development for a preliminary plat of Country Club Estates 4 -7 Additions, a 67 -lot, 51.08 acre residential subdivision located west of Lake Shore Drive. Swygard seconded. Freerks said this complied with the Comprehensive Plan previously, there have been very few changes, and it still complies with the Plan. Eastham agreed with Freerks' remarks. A vote was taken and the motion carried 7 -0. Consideration of Meeting Minutes: March 21, 2013 Eastham moved to adopt the minutes of March 21 with minor corrections. Martin seconded. A vote was taken and the motion carried 7 -0. OTHER Planning and Zoning Commission April 4, 2013 - Formal Page 14 of 15 ADJOURNMENT: Thomas moved to adjourn. Eastham seconded. The meeting was adjourned on a 7 -0 vote. z _O U) U) v Z_ Z N Z_ Z z J a D O Q W W ;„� � W O V N Z N N Z W H f— Q ::!!xxxxxxx NXxxxxxx M xxxxxxx MOXXXXXX NXXXXXDX ;oxxxxxx NXXXXXXX ;xxxxxxx T-XXXXXXX X X x X x X x r N X X X O x X X r O V-XXXXXXX V- XXXXXXO 'T-XXXXXXX T- oo oXXXXXWX T- O Mt oXXXXXXX T" T-XXXXxXO 4 °XXXXXXD co (D(DMI- LA Lo M co0XXX0X0 0) Zxxxxxxx W w 5 (D co M !-- U-) Lo M X o 0 0 0 0 0 0 w IL Q V W C6 Y Z Q N W W�Pui ~- Q }Q Z CO:) Z IN — ZaWLL J 0 2 4X 2V)I Q 2 UQYa�vj -� W wckI —W��H W ZOWLL�NI —� O LL Z CDXXDXXXX xxxxxxx NXXXXXXx ;oxxxxxx NXXXXOXX M N X X x X x X x r oOXXXXxO �0X0XXX0 XXXXXXO O m_xxxxoxo �DxxXX00 :!!Xxxxxxx Cl MXXxxxxx 4 co �w (D(DMI- LA Lo M WM0LOLOLOLn(n(n F- X0000000 W W } Q Z W � Z J ou<m 2 Q 2 0� IL Q V � Q C6 Y Z Q N W W�Pui ~- Q Q IN — ZaWLL >- Qce 2V)I 2w —� X E o a¢aZ n n n n xow 0 i� w Y DRAFT POLICE CITIZENS REVIEW BOARD IP12 MINUTES — APRIL 16, 2013 CALL TO ORDER: Chair Joseph Treloar called the meeting to order at 5:30 P.M. MEMBERS PRESENT: Melissa Jensen and Donald King, MEMBERS ABSENT: Kingsley Botchway and Royceann Porter STAFF PRESENT: Staff Kellie Tuttle and Catherine Pugh STAFF ABSENT: None OTHERS PRESENT: None. RECOMMENDATIONS TO COUNCIL None CONSENT CALENDAR Motion by King and seconded by Jensen to adopt the consent calendar as presented or amended. • Minutes of the meeting on 03/06/13 • Minutes of the meeting on 04/02/13 Motion carried, 3/0, Botchway and Porter absent. NEW BUSINESS Diversity Committee Report — Tuttle reported that the City Council had accepted the Diversity Committee report and that City staff would be putting together a plan based on the recommendations. When the plan was available Tuttle would include it in the Board meeting packet. OLD BUSINESS Community Forum — Treloar announced that it was still a possibility that we would have someone from the Public Defender's office attend the forum and do a short presentation, but that they are short staffed and would have to let us know last minute. Tuttle announced that no questions from the public were received. The Board agreed to introduce themselves again at the beginning of the forum. BOARD INFORMATION None. STAFF INFORMATION None. PUBLIC DISCUSSION None. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • April 23, 2013, 6:00 PM, Iowa City Public Library, Rm A (Community Forum) • May 14, 2013, 5:30 PM, Helling Conference Rm • June 11, 2013, 5:30 PM, Helling Conference Rm • July 9, 2013, 5:30 PM, Helling Conference Rm ADJOURNMENT Motion for adjournment by King, seconded by Jensen. Motion carried, 3/0, Botchway and Porter absent. Meeting adjourned at 5:38 P.M. 1 7 y1. 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