HomeMy WebLinkAbout2013-09-17 CorrespondenceMarian Karr
From:
Tom Markus
Sent:
Thursday, September 05, 2013 2:59 PM
To:
Marian Karr
Subject:
FW: Sycamore Mall Closures
TO go to council when Temples letter is on the agenda or in the packet.
From: Jeff Davidson
Sent: Thursday, September 05, 2013 2:44 PM
To: 'bit376 @aol.com'
Cc: Tom Markus
Subject: FW: Sycamore Mall Closures
Hello Mr. Temple.
Your message below was forwarded to me for response.
4 0)
The City shares your concern about the future of Sycamore Mall. The challenges of an aging mall property are certainly
nothing unique to Sycamore Mall. This dynamic is being felt all over the country at aging mall properties. Even as close
as Cedar Rapids they are dealing with reinventing the Westdale Mall property, which is 10 years newer than Sycamore
Mall.
Over the past 15 years the City has participated financially in enhancing the Sycamore Mall and Pepperwood Plaza
properties. We have worked with the private owners of these properties to generate $1.8 million in Tax Increment
Financing (TIF) revenue for Sycamore Mall, and $800,000 in TIF revenue for Pepperwood, which was plowed back into
the properties for improvements. The City is also in the process of completing several million dollars in street
improvements around the mall, which I'm sure you have noticed from your home on Yewell Street.
We look forward to working with the Sycamore Mall property owner as they develop their vision for the
future. Developing that vision is critically important. The ideas you mention below all deserve consideration, but
ultimately the property owner has to determine how any redevelopment plan moves forward. We also agree with you
that the relationship with Kirkwood Community College holds great promise and should be enhanced.
Thank you for your message.
Jeff Davidson, Director
Department of Planning and Community Development
The City of Iowa City, Iowa
From: Tom Markus
Sent: Thursday, September 05, 2013 1:00 PM
To: Jeff Davidson
Cc: Jeff Davidson
Subject: FW: Sycamore Mall Closures
Please prepare an appropriate response.
From: bit376 @aol.com [mailto:blt376 @aol.com]
Sent: Thursday, September 05, 2013 11:06 AM
To: Council
Subject: Sycamore Mall Closures
Dear Council Members,
It has been with great concern that the people of Iowa City have seen the recent closures at Sycamore Mall. The
departure of Von Maur to Coralville was a definitive blow to the southeast side. Many friends, neighbors and co- workers
predicted that Sycamore would further decline in tenants. And now we know that Ben Franklin is closing and Cookies &
More /Dairy Queen has also closed. What will be next?
I am writing to encourage the Iowa City Council to begin making efforts to prevent a further decline in Sycamore
Mall. Something needs to done to revitalize that area of town. I have been a resident of Iowa City for 35 years. I stood
before the City Council as plans were under discussion for the Pepperwood Mall. Econofoods and Best Buy were to be
the anchor stores that would vitalize that neighborhood. Where are they now? And what has become of that "mall" and
that neighborhood?
Rumor has it that Aldi's will be leaving their space on Gilbert Street. What will become of that space?
It is time for the council to begin working towards preventing a further decline in the retail areas of the southeast side. I
personally think bringing Trader Joes to one of those areas would greatly help. We have the space, the parking, and the
access. Sycamore Mall would be a perfect location. It is close to Kirkwood College, within walking distance of many
neighborhoods, and on the bus line. And, it is a retailer that Iowa Citians want. Adding such an anchor might encourage
additional retailers to that area.
Regardless of the area, something needs to be done before a retailer of their quality moves to Coralville. Please consider
any avenues that might help "court" Trader Joes to Iowa City. Let's help rebuild the southeast side of Iowa City.
Sincerely,
Bob Temple
1402 Yewell Street
Iowa City
Marian Karr 4f(2)
From: Mike Moran
Sent: Wednesday, September 11, 2013 11:07 AM
To: 'thefordes @mchsi.com'
Cc: Jennifer Jordan; Marian Karr; Adam Bentley; Geoff Fruin; Tom Markus; Council; Carol
Sweeting
Subject: FW: Another source of biomass for fuel
Hi Sue,
I have been asked to respond to your email concerning downed trees in the Iowa City area. In the park system it is
our practice that we only remove trees if they are a hazard and /or obstacle to the safety of the users in that particular
park. Environmentally we find this to be an acceptable practice used around the country. We work in cooperation with
the Friends of Hickory Hill Park on a regular basis as well to determine if other downed trees need to be removed for a
variety of other reasons. In the three stream corridors, our volunteer coordinator, Carol Sweeting, coordinates removal
of critical obstructions in the stream beds as she becomes aware of them on city owned property. The adjacent banks
and less obstructive materials are removed when Storm water Volunteers work in the spring and fall. Some areas of
stream corridors are owned by residents and it is their responsibility to maintain. If I can be of any further assistance to
you or you have any additional questions please feel free to call me. Thanks for your input.
Michael Moran CPRP
Director
Parks and Recreation
220 S. Gilbert St.
Iowa City, Iowa 52240
319 - 356 -5100
From: thefordes [mailto:thefordes @mchsi.com]
Sent: Sunday, September 08, 2013 5:55 PM
To: mason - sally @uiowa.edu; milster- ferman @uiowa.edu; anderson- ben @uiowa.edu; tbannow @press - citizen.com;
Council; friends.HH.park @gmail.com
Subject: Another source of biomass for fuel
9 -8 -13
Hello,
Wood chips, grass, as well as oat hulls as substitutes for coal in fueling the UI
Power Plant- wonderful! I enjoy hearing about ideas which solve more than one
problem for a common goal: sustainability. The article in the Press - Citizen on
September 6, led me to thinking about another source of wood chips that you
might consider - Hickory Hill Park.
The tornado that went through the park in 2006 left many downed and
damaged large trees which still remain. Yearly; more have joined them as the
damaged trees die and fall. Ralston Creek contains many large limbs that clog
it during heavy rains, exacerbating flooding and helping to dislocate at least
one bridge. In addition, the downed trees block trails and make a friendlier
environment for the invasive species that are all but choking some areas of the
park.
Removal of the non - healthy biomass in Hickory Hill Park would be a solution for
the health of the park as well as providing another source of fuel for the
University of Iowa. I hope you will give some thought to this opportunity for
another win -win solution.
Thank you,
Sue Forde
616 First Avenue North,
Iowa City, IA 52245
2
Marian Karr 4f(3)
From: Lora Dinsdale <Iinsdale @wildblue.net>
Sent: Wednesday, September 11, 2013 12:07 AM
To: Eleanor M. Dilkes; Council
Subject: Concerned parent of former Navy Nuclear Program Recruit
Attachments: Open container in public.docx
Please take time and read my son's story. I wanted you to be aware how the open container in public is being
enforced by the police in your city and also the inconsistencies on how it is interpreted. I do not live in your
city so I am sure my concerns won't rise to the top of the issues you are all working on. I could not find an
email address for the Citizen Police Review Board so I will mail them a hard copy. Thank you for your time.
Lora Dinsdale
1965 110th Street
Reinbeck, Iowa 50669
319- 345 -6312
September 11, 2013
To: Mayor of Iowa City
City Council Members
City Attorney
Citizen Police Board Review
RE: Possession of open container in public ordinance — keeps Naval Nuclear Program Recruit from
being allowed in the program
I am writing to you as a concerned parent. My 24 year old son, Kody says it won't do any good to write
this letter but I feel you need to know how the police are enforcing this ordinance. I am a Healthcare
Compliance Officer and I know how important it is to interpret the laws correctly and apply them
consistently to everyone. Kody was visiting his girlfriend the weekend of May 4, 2013 and received an
open container in public citation. Kody and his girlfriend had gone downtown to meet his high school
friend who was getting married soon. They returned back to his girlfriend's apartment after the bars
closed by taxi. Kody and his high school friend were having a beer before they went inside for the night.
There was a guy riding a red bike yelling in the street. The police must have been called on a complaint
(dispatch #13064363 details -red Panasonic bike). There was a police officer on a bike and later another
officer showed up by car. My son and his friend were on the cement approach to the apartment
building. They heard the policeman on the scene first say "hey you get over here" so they proceeded
down to the sidewalk where the officer was. Kody still had his beer in his hand and shortly after he
stepped on the sidewalk and cooperatively answered the first officer's questions, Officer Hektoen, the
officer in the car that showed up halfway through the situation, pulled out his pad and started to write
my son a ticket for possession of an open container in public— no warning. My son tried to plead with
the Officer and explain the situation that he was enlisted in the Navy Nuclear Program and he has
already gotten an OWI two years ago and couldn't get another ticket — the officers' response was
something to the effect of- "too bad you should not have gotten all those ticket in the past. Do you want
to do a Breathalyzer and get a public intox ?" My son said that he was called over by the officer, but the
Officer in the car said he wasn't there at the beginning, my son asked "Can't you ask the original officer
on the bike ?" My son approached the other officer, but he didn't have his body cam recording, even
though he had everything recorded up to that point. So that conversation is lost. My son stepped back
on the grass off the sidewalk and kept saying do you really think this is the ticket that should kill my
Navy career — again the officer just kept saying "you shouldn't have gotten all those tickets — this is just
one more."
I am sure you are thinking, what is the big deal it is only $12750 ticket. Here is the issue. My son is
enlisted in the Navy with a November 2013 report date. When he enlisted he had to take the entrance
exam. He received a 92 out of 99. He was in the talented and gifted program in high school, so this
didn't surprise us. His recruiter told him "you need to apply for the Nuclear Program" so he did and was
accepted. The nuclear program makes up only 3 percent of the Navy, but they fit into the top 10 percent
of the Navy. This is quite an accomplishment to be accepted into this program.
Two years ago my son had gotten an OWI in Cedar Falls. He took complete ownership and has learned
from the mistake. One of the stipulations on getting into the Navy Nuclear Program was that he
couldn't get any additional tickets —to date he has 5 speeding tickets and a registration ticket over the
last 8 years, along with the OWL He works construction for PCI building bridges so he travels a lot to
and from jobsites. When he called his recruiter and told him what had happened he told him to fight it.
That he was afraid if the ticket showed on his record he would not be allowed in the Nuclear Program.
He plead not guilty. The first court date was 8/2/13 but was delayed until 8/27/13 because Officer Ben
Hektoen would be out of the office from 8/1- 8/14/2013. Kody thought he would defend himself
because he truly felt that the officer had coerced him to come down to the sidewalk and that he didn't
do anything wrong (it was the sidewalk in front of his girlfriend's apartment- he wasn't walking around
the neighborhood). As the date came closer he decided he should really obtain a lawyer. He had no
experience in going to court let alone trying to represent himself. Not being from the area he "googled"
and retained Paul Waterman for $1,000. Paul obtained the recording of the incident. Paul had Kody
come to his office on 8/26 and watch the video with him and in the recorded incident you can hear the
officer say "hey you get over here" and you can see Kody with the beer in his hand, which he never said
he didn't. As stated above, the officer on the bike didn't record the rest of the conversation when Kody
was asking him to explain to Officer Hoetoen that he was asked to come down there. Did the police just
not turn the rest of the recording over to Kody's lawyer? Paul told Kody he thought the case could go
either way because they really couldn't prove it was Kody and his friend that the officer was talking too.
When Kody got to court the next day his lawyer was already talking to the prosecuting attorney and
judge. He told Kody that he should just plead guilty because the officer wouldn't change his mind and if
they did they would need to go back and look at all the cases if they changed his ticket. Maybe this isn't
such a bad idea.
I find it hard to believe that this is how you wanted this city ordinance enforced. If it is and it is to deter
drinking and create a revenue stream, then why not have it set up like Cedar Rapids did with the
speeding cameras — if you get caught you pay the fine but it doesn't go on your record. I am sure many
people who have gotten this ticket since 2010 just pay it, it is only $127.50. But how many haven't had a
background check done yet? How many are not getting job interviews or jobs because they see this on
their background check? How many college students are not getting into the graduate program they
prefer? I saw in the paper that Cedar Rapids is providing background checks for landlords — how many
renters will be denied because of this? I know many college students aren't worried about this yet but it
could affect their future just like it is effecting Kody's. This will need to be disclosed on all applications
because some employers will not hire or withdraw an offer based on an applicant not being honest on
their application. How many people would think to disclose this on a job application? The reason for
the delay in this letter is that there was a slim chance the Navy would hear Kody's appeal but he has
received word from his recruiter that this ticket has made him ineligible for the Nuclear Program.
Kody's Navy recruiter and Navy Chief continue to apologize to him and feel the ticket was not warranted
and the tape will support Kody's actions. But because the tape did show Kody on the sidewalk with an
open beer this justified the Officer writing the ticket based on the interpretation of the ordinance.
I have been on www.icgov.org quite a lot trying to research this ordinance. It isn't easy to find on the
website. I enjoyed reading Newcomers guide to Iowa City Services —but this ordinance is not
mentioned. I would think as a newcomer I would want to know that I can't have a neighborhood party
and set foot on my sidewalk in front of my residence or walk to my neighbor's house. Or maybe this is
this just enforced in the college student neighborhoods. How would a visitor to Iowa City know of this
ordinance? In researching across Iowa there is only a handful of cities that mention this. I can find
many of the ordinances under the document download center of your website but no mention to the
open container in public place ordinance. As a compliance officer my job is to make sure laws are being
interpreted and followed consistently. Has there ever been a through audit of this ordinance — like days
of the week enforced, neighborhoods, verbal warning vs. citation, how many male vs. female, how many
male verbal warning vs. female verbal warnings, by officer, and time of day enforcement? If this isn't
applied consistently at all times it would get confusing for residents and visitors to understand. I can
find information on hawkeyesports.com under Think Before You Drink. Before the game. During the
game. After the game. The open container ordinance for Iowa City will be strictly enforced. Individuals
walking /driving to University property on public sidewalks /roads with visible open beer, wine, hard
lemonade, alcohol containers will be subject to citation. To me this is saying on game day if you are
walking to Kinnick Stadium with an open container you will be subject to a citation. It also states driving
but I would think this would be a different violation. I am still having a hard time thinking the city
council really meant that if you step on a residential sidewalk with a beer in your hand outside the
residence you are staying you are subject to the above citation. We live in a small town 20 minutes
south of Cedar Falls and I have never heard of this being an issue on the University of Northern Iowa
campus or read of this in Ames.
I have a couple concerns relating to the police policies I located. Policy Body -Cams and In -Car Records,
OPS 12.2 1 have highlighted part of the policy:
PROCEDURES
The use of video and audio equipment will allow officers to collect evidence for use in the prosecution of
those charged with a violation. Other appropriate uses of the recorded information included but are not
limited to:
1. Review of an incident prior to a court appearance.
2. Recorded information may be used or subpoenaed into court for civil and /or criminal cases
The Commander of Field Operations or his /her designee will supervise the use, storage, duplication and
erasing of the material recorded by members of this department.
If an officer notices that there is a problem with the equipment, he /she shall notify a watch supervisor.
The policy goes on to say Supervisors should issue body -cams to officers with special consideration given
to those officers participating in non -car assignments and /or those assignments with a higher likelihood
of generating citizen contacts resulting in arrests and /or complaints (e.g. bike /foot patrol, bar checks,
SCAT operations, and SRT operations)
Officers are not required to inform person(s) that the recording equipment is in use, but shall disclose its
use upon inquiry.
My question would be under what circumstance would you ever erase any recorded material ? ?? Does
the Commander of Field Operations keep a log of what was erased? Did the officer notice an issue with
the camera and report it? I find it strange that the tape supplied to Kody's lawyer had the first part of
the incident but not the conversation when Kody is asking the officer on the bike if he was asked to
come down there. This may have helped Kody's case if it was available.
Kody's lawyer also told him that he really would have been better off with a Public Intoxication on his
record because that comes off your record in a year. He stated the open container in a public place will
stay on his record for life like his OWI the way the ordinance is written. I would really like the City
Attorney to respond to this statement. So even if Kody tries to reapply in a year for the Nuclear Program
the citations will still be there. Is this really your intent for this ordinance? It really seems harsh for the
crime. To me Public Intoxication seems like a more severe crime. This is why I mentioned earlier that
people need to be aware of this as some employers will say a potential candidate falsified their
application by not disclosing this. How many people just think they paid the $127.50 and wrote it off as
a costly weekend in Iowa City?
As I have stated throughout this letter, is this really the intent of this ordinance and is it being enforced
consistently? You really need to be transparent if this ordinance is going to be enforced like this. Since
the Police blog is only available for a limited time I was unable to see if the guy on the red Panasonic
bike ever got a ticket for anything. I did find dispatch #13134451 open container— warning issued
verbal (see attached). The date of this was 9/7/13 at 11:05 AM. This would be Game Day for the
Hawkeyes and kickoff was at 11:00 AM just this past Saturday. What allowed this person to be given a
verbal warning? I would like to know why this person could be given a verbal warning on game day
when Think Before You Drink. Before the game. During the game. After the game. States the open
container ordinance for Iowa City will be strictly enforced.
I commend you for trying to control the tailgating on game day. If the ordinance was something you paid
without it going on your record, I would not be writing this letter. I know many times when you create a
policy /ordinance you are thinking of one or two situations it would apply and if no one ever tells you
how it's being enforced you are not be aware. I have seen on the website how you get the reports from
the police and it is at a very high level. In theory you should be able to trust the information coming to
you, but sometimes you need to do a deeper dive and see if everything is being interpreted consistently.
It is too late for this to help my son and his Navy career. He has missed an opportunity of a lifetime to
obtain a Nuclear Engineering Degree from the Navy, but I am hopeful that you will re- examine this
ordinance to see if there is another way to administer this. As I said in the beginning this is going to
negatively impact others, many potential employers /recruiters may stop at "open container" and miss
the "in public" part and just assume it was in a vehicle. When you "google" open container everything
relates to open container in a vehicle.
Thanks for listening. I would like a response as to your thoughts on this. I was going to go right to the
newspaper but I wanted to give you the opportunity to read it first. If posted in the newspaper it may
encourage others to tell their story of how they received an open container in public citation and show a
pattern of how the ordinance is being enforced. I also want violators to look at the on -line court
documents to see how this ordinance may be effecting their record before it costs them again in the
future.
Thank you for your time.
Lora Dinsdale
1965 1101h Street
Reinbeck, IA 50669
Marian Karr
From: Sam Hargadine
Sent: Thursday, September 12, 2013 11:24 AM
To: 'Iinsdale @wildblue. net'
Cc: Marian Karr; Tom Markus; Geoff Fruin; Eleanor M. Dilkes; Eric Goers
Subject: Complaint regarding arrest of son
Dear Ms. Dinsdale,
You are probably aware that the case against your son was adjudicated with a guilty plea. Your son being 24 years old
has the right to file a complaint if he feels he was unfairly treated or if he feels the conduct of the officers was in any way
unprofessional.
You made mention of there being lack of video in this case or that some of it had been erased. I did check in to this and
there are two videos of the incident. One came from a patrol car and the other was from a body cam worn by one of
the officers. It is impossible to delete or edit the original video. That is a security feature that comes with our video
software. There are times when copies are edited for brevity or they may cut off the incident that came before however
the original video is never edited. I discussed this with the prosecuting attorney that handled this case and was assured
that we provided both videos.
On the surface it appears that there was probable cause to cite your son and since he has pleaded guilty the matter is
closed regarding the criminal charge. On a personal note as a parent who has been exactly where you've been I
understand your frustration. No parent likes hearing that their child has suffered the consequences of being arrested or
cited. In this case there clearly was a law violation and the officer made the decision to take enforcement action.
Filing a complaint is clearly within your son's right or if he wants to contact me directly and discuss this I would certainly
be glad to do so.
Sincerely,
Samuel E.XaVadirw
Chief of Police
Iowa City Police Department
410 E. Washington St.
Iowa City, IA 52240 -1826
I(/- -� (3)
Marian Karr
From:
Lora Dinsdale <Iinsdale @wild blue. net>
Sent:
Monday, September 16, 2013 12:15 AM
To:
Sam Hargadine
Cc:
Marian Karr; Tom Markus; Geoff Fruin; Eleanor M. Dilkes; Eric Goers
Subject:
Re: Complaint regarding arrest of son
Dear Officer Hargadine,
Thank you for your response. I just want to clarify the statement about the video tape. There were tapes
provided to Kody's lawyer but the video ended abruptly and did not capture the conversation my son had with
the original officer that he assumed called him down. Wouldn't the officer keep the body cam running until the
incident was over? Kody's lawyer said that part of the tape may have been able to help his case if they could
hear that conversation. Fortunately or unfortunately depending on how you look at it, we haven't had much
interaction with the court system. My son really thought the officer and the tape would show he didn't do
anything wrong. He felt he cooperated with the officer that he felt asked him to come down there. When the
2nd officer wrote him the ticket, he will admit he got a little animated. He still feels he was asked to come
down there and he did what the officer asked. He went on the advice of his lawyer and plead guilty as he
didn't know there were any other options. I would appreciate you looking into why the video did not show this
conversation.
I am still waiting for an answer to what constitutes a verbal warning. I referenced in my original email dispatch
#13134451 on game day of the Iowa Hawkeyes. Details OPEN CONTAINER - Disposition WARNING
ISSUED VERBAL. Not knowing your city streets is there a difference in neighborhoods S Lucus St.
vs. Everything I read states open container in public will be strictly enforced on game day. I still can't believe
this is the intent of the ordinance - really in front of a private residence, he walked from the apartment approach
to the sidewalk in front of the apartment he was staying at, because he felt the officer asked him to come down
there. If you listen to the tape I know you will hear "hey you get over here" it just isn't clear who the officer is
talking too.
Again thank you for the response. My son will try to get ahold of you to discuss how to file a complaint.
Lora Dinsdale
Marian Karr 4f(4)
From: John Thomas <johnfredericthomas @gmail.com>
Sent: Wednesday, September 11, 2013 9:05 AM
To: Council
Subject: Iowa City Gateway Project
Attachments: GatewayProject.pdf
Please include the enclosed attachment regarding the Iowa City Gateway Project in City Council's next
Information Packet on September 12, 2013.
Thank you,
John Thomas
509 Brown St., Iowa City
Selitember 9, 2013
Subject: Iowa City Gateway Project
From: John Thomas, 509 Brown Street, Iowa City
Dear City Council Members,
As you are now receiving information regarding the Iowa City Gateway project in your Information Packet, I
would like to provide you with concerns and questions that I have for City staff. The aspects of the project I
will focus on are:
• The mitigation of roadway safety deficiencies addressed in the Preferred Alternative
• The design elements that make up the cross sections for Dubuque Street in the Preferred Alternative
1. Mitigation of Road= Safety Deficiencies
The mitigation of roadway safety deficiencies is a very important part of this project The Environmental
Assessment notes the high collision rates along portions of the project area, and vehicular speeds often
exceed the posted speed limit Rarely do we have the opportunity to dramatically improve safety on a major
gateway arterial.
The question I would ask Staff is. "How can we design Dubuque Street and Park Road to achieve the desired
speed of 25mnh as vehicles enter or leave Iowa City?"
One way we can improve safety would be to reduce the proposed lane width from 12 -feet to 11 -feet, a more
typical dimension found on our city streets. Interstate -80 has 12 -foot lanes; since our goal to transition from
freeway speeds to 25-mph speeds, the street design must transition accordingly. While the Environmental
Assessment report did not evaluate traffic speeds, I suspect speeds are often well above the posted speed
limits, contributing to the high collision rates along certain segments of Dubuque Street and Park Road.
Having that data would give us a better idea of when to reduce lane widths and introduce other thoroughfare
speed management measures.
The Preferred Alternative proposes a number of new elements that I believe will make the roadway less safe
for pedestrians and bicyclists, and will add to the existing traffic congestion. These include:
• Constructing a right -turn only lane for southbound Dubuque Street to westbound Park Road
vehicular movement;
• Construct Park Road Bridge with five twelve -foot lanes to accommodate dual left -turn lanes for
eastbound Park Road to northbound Dubuque Street vehicular movements;
• Expand Park Road west of Lower City Park entrance to N. Riverside Drive from two travel lanes to
two 12 -foot travel lanes and one 12 -foot center turn lane
By widening the roadway, all three proposed elements will increase intersection- crossing distances by one
additional lane for pedestrians and bicyclists. The legs of the crosswalk at the Dubuque St /Park Road
intersection will increase from 4 -lanes to 54anes, the same crossing distance as Burlington Street
The traffic congestion resulting from road widening is known as "induced demand ". In brief, increasing road
capacity in the long run increases traffic. Since the concept of induced demand is so important, I have
attached some background information for your reference. Adding traffic lanes will also add to the project
cost Aside from the road construction itself, Park Road Bridge will be one lane wider. More roadway fill will
be required, and the cost of mitigation will be greater.
I would ask Staff to conduct a traffic study so that we have both traffic volumes and speeds. I would ask if the
collision renorts alon¢ the corridor indicate whether traffic sneeds were a factor. Based on the traffic studv. I
ana environmenrat impacts resuif rrom wmenmg liuouaue aireet. line rarx xoaa onage. ana rarx Kom
A final concern is the safety of students at Mayflower Residence Hall. The Environmental Assessment notes
the "undesirable mid -block crossing" where Mayflower students cross Dubuque. This crossing is about 1/3-
mile from the signalized intersection crossing at Park Road.
I would like to ask Staff if a pedestrian - activated traffic signal at Mayflower Residence could be considered
providing safe access to Terrill Mill Park and the m uld -µspa h along the Iowa River. A signalized crossing at
this location, which is about 1/3 -mile from both Foster Road and Park Road, might also help with the
transition from Interstate -80 to central Iowa City.
The design elements making up the roadway cross sections have received very little public discussion. Most
of the attention has been on the roadway elevation. The extent of the design elements and their horizontal
dimensions appear to be fixed. The cross - section below illustrates the design elements:
T6
CeV
25 +00 �}
The Preferred Alternative chose to elevate Dubuque Street above the 500 -year Hood elevation plus 1 -foot.
That decision, along with the decision to widen the Dubuque Street cross - section, has resulted in an
expensive project, with tall retaining walls along significant portions of the Iowa River, extensive filling
through the corridor and along the limestone bluffs, and the removal of mature woodlands on the eastern
edge. While the dimensions of the design elements might be acceptable in another context, when combined
with a roadway elevation above the 500 -year flood plain plus 1 -foot, they result in costly environmental
impacts.
Ylit - ! e .. 171 mmEFfB ?EYES(. , .. K . . • . U0117.7-TaNIOL, 11 .
Where there appears to be the need to narrow the cross - section, I would propose the following minimum
dimensions:
Design Element
(from east to west)
1. East sidewalk
2. East median
3. Traffic lanes
4. Center median
S. West median
6. Shared use path
4 -feet
6 -feet
11 -feet
Varies: 0 to 12 -feet
6 -feet
8 -feet
Preferred Alternative's
Dimension
8 -feet
8 -feet (estimated)
12 -feet
Varies: 0 to 25'
8 -feet (estimated)
10 -feet
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From:
Sent:
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Subject:
Attachments:
Dear Council Members -
Jennifer WAGNER <jseter @msn.com>
Wednesday, September 11, 2013 2:42 PM
Council
LETTER TO CITY COUNCIL/GATEWAY
GATEWAY QUESTIONS FOR COUNCIL.docx
We are respectfully attaching a letter to City Council and pasting it below. Thank you - jsw
September 10, 2013
Re: Dubuque Street Elevation Project / "Gateway"
From: Iowa City [Northside] residents Jennifer Seter Wagner, Dr. Tony
Colby, Jim Harris, Dan and Laurie Cummins, Scott McDonough, Sharon
Degraw, Thomas Lally, John Frederick Thomas
Dear City Council Members:
All of us strongly support flood mitigation on Dubuque Street. But we also
recognize the significant impacts that building to the 500 - year -flood levels
will present. Below, we respectfully present some thoughts to consider as
you deliberate the City Engineers' preferred alternative to elevate Dubuque
Street by 10 to 15 feet in the majority of sections between Foster Road and
the new Park Bridge. We also hope the local press, other City leaders, and
the broader public will engage with the answers to these questions that
concern three subjects:
• COST
• INFRASTRUCTURE
• ENVIRONMENT
COST
• What precisely is the cost differential between elevating Dubuque
Street between Foster Road and Park Bridge, stretching along City
Park, to the 100 -year flood -level elevations [approximately 3 -5
feet ?] and the 500 - year - flood -level elevations [up to 10 to 15 feet]?
• The project has already gone from $32 million to over $40 million if
we build to the 500 year levels. Why? And how much more will they
increase? This explanation was emailed to us by City Staff:
And, yes, the project cost has increased for the 500 -year flood
elevation alternative. The original estimate of $32 million was
developed after the flood of 2008 (5 years ago now). During
the Environmental Assessment process, our consultant, HNTB,
reviewed and updated the estimate based on the average unit
prices from the Iowa DOT Summary of Awarded Contract Prices
(current information based on bids). An adjustment for
inflation was also added due to the fact that construction will
not begin until 2015 and a contingency amount was added, as
is typical during preliminary design."
While the new cost adjusts for inflation for 2015 - what if the project
is delayed, as recent road projects in Iowa City have shown? Further -
the following piece from the Wall Street Journal suggests that most
large projects run over projected costs, with one expert suggesting
the possibility of astronomical increases: [ "'When I hear a number
on a big project, I routinely just add 50% to it,' said Richard Little,
director of the University of Southern California's Keston Institute for
Public Finance and Infrastructure Policy ", according to the article.
[See full article "B" below].
* So it only follows that costs will run over - and when they do, not
if - how will they be paid?
Your information packet states that general obligation bonds will
be used for remaining expenses after federal, state, and local
funding is exhausted. Are general obligation bonds repaid with
Property taxes? And unless you can put a cap on the amount this
project will cost — which is obviously impossible once it's been
started - or unless you have a maximum amount of general
obligation bonds you are willing to issue to fund this project - is it
possible that Iowa City taxpayers could be asked to pick up tens of
millions of dollars in additional costs? Can you possibly put a cap on
how much we will be asked to pay?
ENVIRONMENT:
* We asked City Staff how much square cubic feet of fill - or how many
dump truck loads - will it take to elevate Dubuque Street from Foster Road
to Park Bridge to the 500 year levels and to the 100, and also requested
information on the number of dump trucks it would take to complete the
project. The answer:
"The current estimated amount of fill needed to raise the roadway to the
500 +1 elevation is 281,500 cubic yards. The 100 +1 elevation would require
approximately 170,000 cubic yards of fill. You can estimate that a tandem
dump truck can haul 9 -10 cubic yards and a semi - trailer can haul up to 12
cubic yards. We have tested the available soil stockpiled out at the landfill
from cell excavations and it is good to use for this project. There is enough
soil out there to cover this project and many more. As we've stated
previously, our numbers are based on preliminary design work and are
conservative in nature. As design is tightened up and moved further along,
these numbers will become more accurate and are expected to be reduced
from what we currently see."
*If these numbers are correct, wouldn't it mean that it would take close to
18,000 dump truck loads of fill to elevate Dubuque Street to the 100 year
levels, and close to 30,000 dump truck loads to elevate Dubuque Street to
the 500 year levels?
Are you all confident that enough OTHER alternatives to this project have
been considered that would leave a smaller carbon footprint?
But if you choose to move forward with one of the alternatives on the
table - please ask the Engineers how many work days they project it will
take to finish this project - and then break it down to how many dump
truck loads or semis per work day it will take to reach the 30,000 loads.
The numbers our team have come up with is pretty astounding -
particularly if you line up the number of required semis end to end.
Further - for the fill that will be used to grade into personal property on
the bluffs - since it's coming from the landfill, can landowners be
guaranteed there is no contamination within the fill that will be spread on
those properties?
* Maps from the turn of the century indicate the woodlands abutting
Dubuque Street have existed for over 100 years. They currently serve as a
beautiful buffer between the street and the neighborhoods perched on the
bluffs. How many of these mature trees - and their enormous canopies - do
you estimate will be taken down along Dubuque Street if we build to the
500 -year levels? How does that compare with the 100 -year levels? Further -
in order to elevate Dubuque Street 15 feet at, say, the Bella Vista bluff
across from Park Bridge, the City plans to grade directly into the bluffs,
shortening their height. OR they have suggested a retaining wall which
would hide the bluffs behind the wall. Either way - the view from City Park
looking east toward these wonderful old woodlands atop bluffs will forever
be altered. Some City Council members have walked the land for
themselves and we are appreciative of that. Would it be possible for EVERY
member of Council to walk this land before they vote - because there are
alternatives_
* City Engineers recorded noise estimates at the Bella Vista Bluff,
calibrating the instruments to suggest the bluff was "treeless ". Are you
comfortable with this sort of inaccuracy, since the Bella Vista bluff is
crowded with mature trees and heavy undergrowth? Can the City assure
North Enders that the noise increases throughout the duration of this
project and once it's over will be minimal? [We are not so convinced given
the tens of thousands of dump truck loads alone!]
INFRASTRUCTURE
Per a recent email exchange with City Staff, who states that the hydraulic
model used by the City shows "no impact south of Iowa City" in terms of
"water surface elevation between the existing (2008) condition and the
improved condition at any of the analyzed flood profiles" -are there any
other impacts to consider regarding communities south of Iowa City? Page
18 of the hydraulic model suggests that flood mitigation - elevating
Dubuque Street up to 15 feet in a flood zone, for instance, if we understand
it correctly - will increase the velocity of water movement downstream.
Doesn't that mean in flood conditions, cities downstream of Iowa City will
flood, only faster? Further - unless the study stipulates that all of the cases
are based on a saturated ground condition, shouldn't there be some
allowance for percolation downstream? IE if the water gets to downstream
communities faster, won't the percolation rate be reduced /ie not get
absorbed as quickly?
REGARDING HYBRID FLOOD WALL SYSTEM
Combining permanent and temporary flood wall systems has been found
an effective way in urban areas to 1) reduce project cost and 2) retain
community connectivity to the river. These goals apply to the Iowa City
Gateway project. When we asked Staff if the City had considered this
option, the response was:
"During preliminary planning, a hybrid system was considered, such as
using HESCO barriers or removable flood walls during flood events. City
officials and staff determined that the Dubuque Street corridor has too few
routes to get off of the road if those temporary systems failed and were not
comfortable proposing a solution that would allow traffic on the roadway
immediately adjacent to a flood wall or HESCO barrier that was actively
holding the river back."
We asked FCA, the manufacturer of the Invisible Wall system employed at
Art Building West, for their comments regarding the reliability of a
temporary wall system protecting a major thoroughfare. Their response
was:
"FCA absolutely believes that our system is as reliable as traditional flood
walls. Nearly every installation we provide comes with the expectation that
people will be safeguarded behind the system. We protect all matter of
areas, and we do, in fact, have an installation right in Coralville along the
1st Ave bridge that will channelize the flooding of Clear Creek and protect
2nd St through Coralville. 2nd St, in my estimation, is a major corridor from
Coralville to Iowa City."
In response to the City's concern about too few routes should the
temporary systems fail, FCA said,
"We do not second -guess our product or the proven results that we have
experienced over the last 15 years. Keep in mind that the system can always
be "over designed" by adding additional concrete and rebar to the
foundation, extra intermediate support posts, etc., to bulk up the system if
that is desired. However, we remain confident in our standard design, which
meets all Corps of Engineers criteria for all types of flood walls."
Thank you - two referenced articles follow:
ITEM B: WALL STREET JOURNAL ARTICLE:
October 15, 2010, 9:36 PM ET
When Construction Costs Runneth Over
ByCarl Bialik
My print column examines cost overruns on major building projects in light of New Jersey Gov. Chris
Christie's decision to halt a major rail - tunnel project linking his state to New York.
He was reacting to estimates he cited from Federal Transit Administration officials that the proposed tunnel
would cost between $11 billion and $14 billion, several billion dollars more than expected. New Jersey would
be responsible for extra costs, prompting Christie to stop work.
There is considerable disagreement about those figures. They are not final numbers and are inaccurate,
according to a Department of Transportation official. Neysa C. Pranger, spokeswoman for the Regional Plan
Association, said $10 billion is the average cost estimate from officials with the various agencies and
engineers involved, though she noted that there are no official reports about costs. Christie and
Transportation officials are spending this week and next negotiating a compromise that would allow the
tunnel to move forward.
A 2002 study by Bent Flyvbjerg and two co- authors demonstrated that Christie had plenty to worry about —
most projects run over projected costs. Much is at stake in getting cost estimates right, Flyvbjerg said,
pointing to the long -term impact on Greece's economy from cost overruns for the 2004 Summer Olympics in
Athens. "Projects are now getting so big that they can be extremely damaging to national finances," Flyvbjerg
said.
Even once projects are completed, ongoing costs of maintain rail lines can make them a bad deal, according
to a study by Clifford Winston and ykram Maheshrib. The researchers found that rail systems' benefits
rarely surpassed their social costs, though the research didn't account for potential environmental and safety
benefits nor the potential for a parking shortage in cities without rail transit. "Who's ever been turned down
for re- election for supporting these public projects that run huge deficits ?" asked Winston, a senior fellow of
economic studies at the Brookings Institution think tank.
Flyvbjerg attributes much of the cost overrun to lying by project planners, noting that cost estimates haven't
gotten better over the years. Researchers who have studied irrational optimism note, though, that
irrationally and repeatedly feeling optimism is a typical characteristic of the behavioral trait. "People have a
tendency to think what they want to think is true," said Erik Angner, professor of philosophy and economics
at the University of Alabama at Birmingham, who has studied irrational optimism among economists. "It's
conceivable that bidders are lying. But it's also conceivable they managed to convince themselves they can do
it as cheaply as they say they can."
This trait has been demonstrated in many countries. "We have pretty strong indications that the basic
cognitive bias to plan `for the best case' is widespread cross - culturally," said Dale Griffin, professor of
marketing at the University of British Columbia's Sander School of Business, who has studied irrational
optimism.
"I find optimism even when optimism is costly," said Astri Muren, an economist at Stockholm University
who also has studied irrational optimism.
"I'm not going to sit here and tell you that people never lie," said Ed Merrow, chief executive of Independent
Project Analysis Inc., an Ashburn, Va. -based company that advises organizers of large building projects, "but
people aren't lying here any more than they are in the normal course of life." Instead, he said the problem is
that "more bad things can happen than good things." Most surprises to builders are bad ones, yet many
budgets are based on everything running as expected.
"When I hear a number on a big project, I routinely just add 50% to it," said Richard Little, director of the
University of Southern California's Keston Institute for Public Finance and Infrastructure Policy. "For most
part, assumptions for these cost estimates are that everything is going to work perfectly. I'm old enough now
to assume that nothing works perfectly."
Tom Warne, who has worked on major projects for the Utah and Arizona state transportation departments,
said that projects, once approved, gain momentum, and supporters of related projects often try to hook their
project in. "If you have a big project like the ARC, and you're in an adjacent community, you might think, `If I
could just hook my project to it, the momentum of the big job will carry my job to the finish line," Warne
said. "You're hitching your wagon to a winning project."
Because of such changes, and other factors, initial cost estimates often are revised higher even before the
final bill is tabulated. "Cost estimates are always adjusted from the time it's just an idea to the time you do
environmental work, to the time you do design," Warne said.
He attributes changes in project costs to such factors, rather than outright deception. "It sounds like there's
some sort of conspiracy among transportation guys," Warne said of Flyvbjerg's viewpoint that strategic
misrepresentation leads to cost overruns. "That's not the nature of the industry."
"It might be that public attitudes change, and the public wants to see the project designed more aesthetically,
or there might be a change in gas prices over the life of the project," said William Ibbs, professor of civil and
environmental engineering at the University of California, Berkeley.
The New Jersey rail - tunnel project is particularly subject to potential cost overruns, Warne and others said.
"Tunneling under the river is as complex as it gets," Warne said. "You're going through geologic conditions
that can change. The whole tunneling process is high -risk in terms of construction methods and procedures.
You never know from one day to the next what is going to happen."
"We often don't know many of the detailed engineering situations until the dirt is turned," said Michael D.
Meyer, a civil engineer at Georgia Tech.
Giovanni Migliaccio, assistant professor of construction management at the University of Washington,
pointed to guidelines from the Association for the Advancement of Cost Engineering that suggest cost
estimates at the earliest stages will have four to 20 times as much error as estimates made later, when a
project is almost completely defined. In his research, Migliaccio has found that cost estimates made at the
time building begins are, on average, accurate, with some cost overruns and some underruns.
Skewed incentives can contribute to poor cost estimates. "A lot of it has to do with where the buck stops,"
said Mark Hallenbeck, director of the University of Washington's Washington State Transportation Center,
"and historically, the buck stops elsewhere." Once the bill comes due, the sponsoring official might say, "I'm
out of office, and hey, you got a cool train," Hallenbeck said. He added, "You're trying desperately to find a
political solution. There are lots of incentives to hold the price down while increasing the attributes. If you're
not getting the numbers you want, you can put pressure on consultants to get the numbers you want."
"The incentives in our business largely are associated with getting projects done on time," Warne said, "and a
disincentive for going over the schedule. There's not really an incentive structure to get public - agency
employees to keep costs down."
When costs do overrun, public agencies don't always have an effective mechanism for retrieving them from
contractors. The Big Dig in Boston, which had billions of dollars in cost overruns, led to just tens of
thousands in cost recovery. "Cost recovery on the Big Dig was a joke," said a person with involvement in the
cost - recovery process.
W. Keith Campbell, professor of social psychology at the University of Georgia, said the ability to get away
with inflated numbers may evoke narcissistic misrepresentation by project managers. "The more ambiguity,
the more you can get away with things," Campbell said.
Peter Morris, professor of construction and project management at University College London, said that cost
isn't the only target project managers should focus on. Whether the project itself works can be just as
important. Stephen Hayes, chief executive of the International Centre for Complex Project Management in
Canberra, Australia, asked, "Just because a project ran over budget, did it fail ?"
"Avery interesting issue is whether the optimistic bias is overall a good thing, as it leads to projects like the
Sydney Opera House being financed — whereas any realistic projection of cost and time would have led to its
rejection," Griffin said.
Some public agencies are trying new approaches to prevent cost overruns. Some use a method
called Construction Manager /General Contractor, which aims to better align incentives on cost. Another
approach is called integrated project delivery.
William Ibbs, professor of civil and environmental engineering at the University of California, Berkeley, who
has written about lame building projects, said some sort of change is needed because the sluggish
construction sector will pick up when the economy does. "This issue is going to go wild," Ibbs said. "There
are going to be lots of disputes and lots of problems, unless we change some of the patterns."
Further reading: This isn't a new problem. RAND reported on cost overruns in 1979. MMagne Jorgensen
has studied unjustified optimism in projections for software- development projects. A 19ak
6h& demonstrated that students are overly optimistic about their grades and postgraduation salaries.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * **
ROAD Vs. STREET ARTICLE:
There is a lot of concern among community members that the "Proposed
Alternative" mimics an elevated off -ramp from 1 -80 right into our City
center. Dubuque Street is, of course, a "street ". We respectfully ask Council
Members to consider this article which distinguishes between a road, and a
street, which can also be accessed here:
http: / /`bettercities. net / news - opinion /blogs / charles- marohn /20649 /roads-
a nd- streets -st -peter
Charles Marohn, Better! Cities & Towns
We desperately need a more sophisticated understanding of the difference between a road and a street. Our
DOTs are damaging our cities, wasting money they don't have pursuing antiquated goals using yesterday's
procedures. We can do more with less if we adopt a strong towns approach.
Last Friday I was a guest on Minnesota Public Radio talking about the future of small towns in Minnesota. In
the course of the conversation, I dropped a brief explanation on the important difference between a road and
a street and then made the following statement:
Our DOT has done a lot of damage to small towns and we need a different DOT approach.
Wow. This weekend I learned, via my inbox, that a lot of people listen to Minnesota Public Radio.
The Minnesota Department of Transportation, and departments of transportation across the country, have
done a ton of damage to cities of all sizes because of their failure to grasp the important difference between a
road and a steet. For the sake of review:
Road: A high speed connection between two places.
Street: A platform for creating and capturing value within a place.
A properly designed road for automobiles is a replacement of a railroad which, by definition, is a road on
rails. There was no strip development along railroad lines. No frontage railroads. No signalized intersections
or off ramps where the quiki marts, fast food joints and big boxes were located. The safe, high speed travel of
the railroad was made possible by the fact that the only stops or intersecting traffic was at very specific,
discrete and infrequent places.
Within those places, prior to the automobile, we had streets on rails, only they were not called railstreets but
streetcars. Even though the essential technology was the same, the streetcar was very different from the
railroad in that it traveled slow and stopped frequently. This is how it performed its function as a platform
for creating and capturing value.
So for those of you that yearn for trains and streetcars and loath the automobile, understand that the
automobile technology is not the problem. The problem is how we've deployed the automobile, how we've
made our roads into streets and our streets into roads. Today we get few places quickly and have a landscape
that is financially unproductive. It is the worst of both worlds, akin to what 1870's America would have been
like if the trains between cities traveled at just 30 mph and made frequent stops for "commuters" while the
streetcars in town traveled 30 mph and were too fast to hop on and off. It is a ridiculous system when you
look at it.
One of the people who emailed me after the MPR show was a nice woman from the small town (ii,000 +) of
St. Peter, MN. I've not asked her permission to share this excerpt so I am omitting all of the names.
I listened with interest to your comments on MPR discussion on small towns this morning, especially
regarding the impact of DOT designs for highways through small towns. St Peter is my hometown,
though I lived elsewhere 25 years. For the past six years I have lived in one of St. Peter's historical
buildings, the Nicollet Hotel, that sits directly on MNAve. This building was builtfor horse and buggy
traffic, not 25,000 vehicles including heavy semi trucks roaring by everyday. Recently I wrote MNDOT
to express concern, ask questions about traffic through downtown St. Peter. Your comments this morning
on MPR added context to my concerns, and to my relief, some corroboration. Please see how [Mn /DOT
Official] responds to my concerns in emails attached, how she suggests that my concerns about trucks and
cars speeding through St. Peter are not her purview and but those of local police. St. Peter may present an
interesting case for analysis by someone concerned. I am neither knowledgeable about these things
nor an activist as I have other projects. I wish I had time to record the traffic outside my window as
evidence. I feel it is foreboding and can only testify to that.
While I've been feeling lately like we need to have and conversation about the proposed Southwest Light Rail
Corridor in Minneapolis and its suburbs (one of the clearest misunderstandings of roads /streets and a
financial tragedy in the making), St. Peter presents a nice, simple case study in how we start to repair the
damage our DOT's have wrought.
Lt -S� ( ii-)
Marian Karr
From: Mark Wyatt <mark @iowabicyclecoalition.org>
Sent: Thursday, September 12, 2013 1:42 PM
To: Council
Subject: Dubuque Street Flood Mitigation
This correspondence will become a public record.
Dear City Council of Iowa City,
On behalf of the Elk Run Homeowners Association board of directors, we wish to express our concern
about the lack of progress on flood mitigation on Dubuque Street. The flood is a significant impact on
economics, travel, and safety of our neighborhood. It is the safety concern that has produced alarm in our
community as we hear of efforts to block the flood mitigation efforts.
The biggest cause for alarm is the disconnection of emergency services from the Peninsula area. It is our
understanding that first -in fire companies from Iowa City Fire Station No. 4 would provide a service for any
structure fire during a flood. This may result in a delay for initial fire response, but the significant problem
is the delay of support from the truck company located at downtown Station No. 1.
Depending on traffic, Iowa City's ladder truck would have to respond through Coralville to reach Foster
Road during a flood. Since our area contains three and four story residential complexes, access to the
ladder truck is integral for life safety in the event of a fire.
With the Iowa City Police station located downtown, we are sure they would have a similar response
pattern from that location. We do understand the individual cars are mobile, but unless there was a car
located in our neighborhood or strategically near the Hwy 1 /Interstate 80 area, we have to assume our
response delays would have been similar.
Everyone in our association understands effects of a flood on the Iowa River. However, our residents
have moved to this location following the passage of a 1 cent sales tax for flood mitigation and have been
diligently paying our tax until it recently expired.
We are sorry that another neighborhood may be adversely affected by the flood mitigation project. We
hope city staff can engineer a way to save the trees along Dubuque Street.
Public safety should be a priority with the Dubuque Street Flood Mitigation Project for the Iowa City City
Council. We cannot afford any serious injury, loss of life or property when the ability exists to mitigate
flooding on Dubuque Street.
Sincerely,
Mark Wyatt
864 Foster Road
Iowa City, IA 52245
Marian Karr
From: Jesse Singerman <jesse.singerman @mchsi.com>
Sent: Friday, September 13, 2013 11:20 AM
To: Council
Subject: Gateway project
Attachments: Gateway Letter to City Council and Tom Markus—Jesse Singerman.pdf
This correspondence will become a public record.
Please find comments on the current Gateway project attached.
Thank you,
K. Jesse Singerman
219 Ronalds St.
Iowa City, IA
September 12, 2013
Dear City Council members and City Manager Tom Markus,
I am writing to express my opposition to the Gateway project as currently proposed. I
live at 219 Ronalds St. and am a long time Iowa City resident. My concerns center on
the loss of the most beautiful entryway into the city, the disruption, noise and expense
of an enormous, over - engineered construction project, and the change in the character
of Dubuque Street from a largely walkable street to a high speed elevated highway.
Right now one of the best features of living in the Northside is how walkable it is. Just
by crossing Dubuque Street I have easy access to the Iowa River, City Park, downtown,
and the University of Iowa campus. This is one of the primary reasons we chose to live
in the heart of Iowa City and one of the reasons we stay. Recent efforts by the city and
the University of Iowa to restore housing stock on the Northside, and the positive
impact of the 21 Only ordinance, have all contributed to the increased livability of the
neighborhood. Please don't go backward with the Gateway project!
The Gateway project as currently proposed will change the nature of Dubuque Street —
making it more difficult to cross the street with dogs, bikes, baby - strollers and while
wearing IPODS. Let's build our city streets for the people who live near them, walk
near them and bike them instead of focusing on increasing the volume of car traffic and
the ease with which it can move into downtown. (Full disclosure — I was not troubled
by the Dubuque Street closures in 2008 and 2013 and easily found ways to adjust my
routines for the few weeks necessary.)
Today I walked down Dubuque and along Park Road. Numerous dump trucks, semi's,
cement trucks and other equipment related to the construction projects at Hancher,
along the river and elsewhere passed me as I walked. I couldn't help but wonder what
it will be like when the huge pieces of equipment and the 30,000 dump trucks of fill
needed to elevate Dubuque Street to the 500 - year -flood mark are roaring around. And
then there will be the enduring negative impact of the change itself on the beauty of the
area and its accessibility.
Take a moment to watch this video that makes the point: "Able to be walked is not
walkable." http : / /www.stronglowns.org /sid -ty/ 2013 /7/30 /episode -46- able- to -be-
walked-is- not - walkable.html
Common sense and fiscal prudence suggest you explore options other than the one
currently being proposed for alleviating the flood risks on Dubuque Street. For
example, combining permanent and temporary flood wall systems should be
considered to 1) reduce project cost and 2) retain community connectivity to the river.
Please find a better alternative.
Thank you,
K. Jesse Singerman
219 Ronalds St.
Iowa City, Iowa 52245
.V' S/�FCy)
Marian Karr
From:
Tom Markus
Sent:
Friday, September 13, 2013 3:13 PM
To:
Marian Karr
Cc:
Eleanor M. Dilkes
Subject:
FW: Iowa City Gateway- Dubuque Street Elevation Project (Gateway Project)
Attachments:
ia.fhwa.iowa city gateway - dubuque street elevation project.con.13sep13.pdf
For public record and distribution.
From: Cummins, Daniel P. [mailto:DCummins @pactiv.com]
Sent: Friday, September 13, 2013 2:55 PM
To: Matt Hayek; Tom Markus; Council; Susan Mims; Rick Dobyns; Michelle Payne; Jim Throgmorton; Terry Dickens;
connie-champion@iowa-city.org
Cc: kfanizzo @achp.gov
Subject: Iowa City Gateway- Dubuque Street Elevation Project (Gateway Project)
Kelly Fanizzo (ACHP) asked me to forward this to you. For some reason the communication from the Office of Federal
Agency Programs was rejected by the Iowa City email system.
Thanks
Dan Cummins
From: Office of Federal Agency Programs [mailto:ofap @achp.gov]
Sent: Friday, September 13, 2013 1:16 PM
To: Michael LaPietra
Cc: MaryAnn Naber; Ralph Christian; Matt.Donovan @dot.iowa.gov; steve @stevetannen.com; jseter @msn.com;
johnfredericthomas @gmail.com; Cummins, Daniel P.; rick- dobyns @iowa - city.org; jim- throgmorton @iowa - city.org; matt-
hayek @iowa - city.org; susan -mims @iowa - city.org; terry- dickens @iowa- city.org; michelle -payne @iowa - city.org; connie-
champion @iowa - city.org; Kelly Yasaitis Fanizzo
Subject: Iowa City Gateway- Dubuque Street Elevation Project (Gateway Project)
From: Office of Federal Agency Programs
Advisory Council on Historic Preservation
Attached is our letter on the subject undertaking. (in Adobe Acrobat PDF format)
If you have any questions concerning our letter, please contact:
Kelly Fanizzo
202) 606 -8507
kfanizzo(a -) hQgov
Case # 7293
Note: Please do not reply to this email.
A free copy of Adobe Acrobat Reader can be downloaded from: www.adobe.com
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Preserving America's Heritage
September 13, 2013
Mr. Mike La Pietra
Environment and Realty Program Manager
Iowa Division
Federal Highway Administration
105 6a' Street
Ames, IA 50010
Ref: Iowa City Gateway- Dubuque Street Elevation Project (Gateway Project)
Iowa City, Iowa
Dear Mr. La Pietra:
In July 2013, the Advisory Council on Historic Preservation (ACHP) was contacted by property owners in
Iowa City who are concerned about the potential effects of the referenced undertaking on historic
properties. The Gateway Project proposes to elevate North Dubuque Street, reconstruct Park Road Bridge,
and complete other improvements to mitigate traffic impacts from the possible future flooding of the Iowa
River. A number of historic properties are located within the project's area of potential effects, including
several historic buildings, the Brown Street Historic District, the "Fret Row" Historic District, the Park
Bridge WPA Wall, and the Euclid Sanders Quarry.
The Federal Highway Administration (FHWA), in coordination with the Iowa Department of
Transportation (DOT), made a finding of "conditional no adverse effect" to historic properties pursuant to
Section 106 of the National Historic Preservation Act and section 800.5(b) of the regulations implementing
Section 106, "Protection of Historic Properties" (36 CFR Part 800). The Iowa State Historic Preservation
Office (SHPO) concurred with this finding on October 3, 2012. FHWA and DOT prepared an
Environmental Assessment for the Gateway Project in accordance with the National Environmental Policy
Act (NEPA), and are currently preparing a Finding of No Significant Impact to conclude the NEPA review
process. We appreciate the ongoing dialogue that has occurred with our office and FHWA, DOT, and
SHPO on this project, and the work that FHWA completed to provide us with an administrative record for
the Section 106 and NEPA review processes. Nevertheless, the ACHP believes that this matter needs to be
reevaluated.
According to the DOT's letter to the SHPO, dated September 19, 2012, the City of Iowa City conducted
various public meetings and met with neighborhood associations to receive public input on the Gateway
Project. Further, the city planning office and the engineering consultant met with the Iowa City Historic
Preservation Commission to receive input about the project's potential effects to historic properties. The
ACHP recognizes the steps DOT and the City have taken to solicit public input on the project. In response
ADVISORY COUNCIL ON HISTORIC PRESERVATION
1100 Pennsylvania Avenue NW, Suite 803 • Washington, DC 20004
Phone: 202 -606 -8503 • Fax: 202- 606 -8647 • achp ®achp.gov • www.achp.gov
to concerns raised by the Bella Vista Neighborhood Association regarding the potential effects of this
project on historic properties, in early July 2013, the DOT asked the Highway Archaeology Program of the
Office of the State Archaeologist to review the materials submitted by the City that supported the finding
of "conditional no adverse effect." Based on this review, the Office of the State Archaeology concurred
with the effect finding and stated that, "the conditions set toward the funding of conditional No Adverse
Effect, minimizing project impact on historic; properties, their landscapes and trees and shrubbery, as well
as other mitigation efforts by the city ... continue to support the conditional finding of No Adverse Effect."
We understand this information was shared with concerned property owners.
The Section 106 regulations encourage federal agencies to coordinate their Section 106 and NEPA review
processes, and in particular, to utilize the agency's NEPA procedures to satisfy the public involvement
requirements of Section `106. However, such public outreach does, not replace the requirement to identify
and consult with consulting patties under Section 106. Consultation is the process of seeping, discussing,
and consideriang;the views of other participants and, where feasible, seeking amt with them
regarding matters arising in the Section 106 process. Consultation is fundamentally diferent from the
process that an agency may undertake to disclose information to the public and ask for general public input
on a project. We understand over the course of project planning, the City met with certain property owners
and communicated directly with several others. The Iowa City Historic Preservation Commission also met
with property owners to discuss the potential effects of the project on historic properties, and subsequently
submitted comments to DOT. There is no record though of FHWA, the agency responsible for complying
with Section 106, or DOT attempting to identify other consulting parties that may have an interest in the
impact of this project on historic properties or participating in Section 106 consultation with the concerned
property owners to discuss potential effects to historic properties. The property owners repeatedly tried to
contact FHWA and DOT and provide additional information regarding the historic properties within the
project's area of potential effects, the effects that would result to those properties, and concerns about the
conditions that would be implemented to minimize and mitigate adverse effects. Despite this, the only
consultation that appears to have taken place was between DOT and the SHPO via a request for review and
comment on design pis, project notes, project letters, and DOT's determination of irrnpact, and the
subsequent request by DOT to the State Archaeologist to review the agency's findings. Therefore, based
on the information provided to us, it does not appear that FHWA and DOT cornsultecl with 'interested
property owners through the Section 106 process on the identification and evaluation of historic properties
and the assessment of effects that would result from the Gateway Project.
In addition, after reviewing the record in order to address the concerns of the public we mnind FHWA that
a "conditional tin adverse effect" finding is appropriate where the adverse effects to historic properties can
be avoided by imposing certain conditions on the undertaking. This funding is not ;appropriate where
measures would be implemented to minimize or mitigate the adverse effects to historic properties. in both
DOT's letter to the SHPO, data! September 19, 2012, and the State Archaeologist's letter to DOT, dated
July 24, 2013, certain treasures are described to " minimize" and "mitigate" the adverse effects of this
project. Where adverse effects would result from a proposed project, even where those adverse effects
would be temporary and could be lessened, the appropriate Section 106 finding is "adverse effects to
historic properties," pursuant to 36 CFR 800.5(dX2), and consultation should proceed to identify treasures
to resolve the adverse effects and develop a Memorandum of Agreement (MOA). Because adverse effects
might result from this project, consulting parties should be given the opportunity to discuss and evaluate
options for resolving those effects, including the measures as suggested in the DOT's correspondence
regarding tree removal and replacement, grading, and temporary construction easements within the historic
districts.
3
We recommend FHWA and DOT reopen the Section 106 review, reengage the SHPO invite concerned
property owners to be consulting parties, and consult to develop a MOA to resolve the adverse effects to
historic properties. We understand the planning process for this project is well underway. We large FHWA
and DOT to consider what reasonable options may be available to minimize and mitigate the adverse
effects of this project, as well as the opportunities that may exist for ongoing consultation as the project
design continues to evolve.
We thank you again for your willingness to discuss this project with our office, and we look forward to
your response to this letter. If you have any questions, please feel free to contact Kelly Fanizzo at
(202) 606 -8507, or kfanizzoAlachp.gov.
Sincerely,
AV Charlene Dwin Vaughn, AICP
Assistant Director
Federal Permitting, Licensing, and Assistance Section
Office of Federal Agency Programs
Marian Karr
From: MurphyGeerdes <mg9425 @mchsi.com>
Sent: Monday, September 16, 2013 12:56 PM
To: Council
Subject: Gateway Project Concern
Dear Council Members:
I am writing to express my concern about the Gateway project. In my opinion, the scope of this project is unnecessarily
large and expensive. Further, this project has the potential for the costs to spiral as did the costs of the Waste Water
Treatment Facility.
Given that federal grant money and local option tax will not cover the entire cost of this project and that the city would
have to issue general obligation bonds (now projected to be $8.68 million) to be repaid by those who own Iowa City
taxable parcels (21,742 taxable parcels the last time I checked), I would request that this project be significantly scaled
back or set aside.
If you have a concern about providing emergency access in the event of a potential Dubuque St. closure, this could be
provided much less expensively by extending Foster Road to Prairie du Chien and diverting most traffic to other
entrances to avoid unduly burdening Prairie du Chien. This road extension would have the added benefit of opening up
residential development within walking distance of the downtown.
The Press - Citizen's past poll about the Gateway project may have had a different result if it had instead asked whether
raising Dubuque St. was worth all of the grant money plus over $8.6 million dollars in general obligation bonds to be
repaid by Iowa City property taxpayers, and I wouldn't be surprised to see the amount increase overtime.
I would not be willing to vote in an additional penny sales tax to pay for this project.
Thank you for your attention to this matter.
Sincerely,
Mary
Mary Murphy
890 Park Place
Iowa City, Iowa 52246
3191400 -7464
mq9425C@mchsi.com
4 -P C'�)
Marian Karr
From: Patricia Ephgrave <pephgrave @oaknoll.com>
Sent: Monday, September 16, 2013 2:29 PM
To: Council
Subject: Dubuque Street
This correspondence will become a public record.
Dear Council Members:
Our city is still trying to recover from the effects of the 2008 flood. One proposed measure is to replace the Park Road
Bridge and another is to raise the level of Dubuque Street.
Is there any concern or plan to address prevention or containment of floodwaters in the proposals? The
September /October 2013 Issue of Nature Conservancy, page 24, describes the combination of natural and manmade
efforts to contain flooding in several places. Together, nature and structures are much more effective than either
strategy alone, as evidenced by examples in Guatemala, India, and Camp May, New Jersey.
Zoning and efforts to reduce concrete runoff and to restore marches and wetland areas' ability to absorb water, are not
mentioned in conjunction with building concrete protective structures. If we truly wish to meet the predicted extremes
of rainfall, please include plans and funding to help nature do its share to prevent and to lessen the effects of flooding.
Concrete alone will not do it. That just passes the problem downstream.
Respectfully,
Patricia N. Ephgrave
Marian Karr 4f(5)
From:
Sent:
To:
Subject:
Dear City Councilors,
Karen Fox <kfox @meimhc.org>
Wednesday, September 11, 2013 2:06 PM
Council
Compeer
I thought that I had submitted my application for the Local Funding Grant early only to learn that it hadn't
gone through after it was too late for it to be accepted. I talked with Tracy Hightshoe who suggested I write to
you to request consideration of my proposl.
The problem I encountered is that I pressed submit, but didn't realize that I had to save each of the documents
separately. So when I went into it and saw that I had made that mistake it was too late. It looked to the
people who were checking submissions like I hadn't done anything on the forms.
I truly regret this mistake. As you know, Compeer is a small program and the$6000 I requested is 20% of our
budget. Please let me know how I can submit something to you or if there is other funding I can apply for.
Sincerely,
Karen J. Fox
Karen J. Fox
for Wff-Jobtsm Co, fA
Karen 1. Fox, Director
507 E. College Street
iwa City, IA 52240
7891 x 245
Making friends.
Changing lives)
Fax: 31 ;3*
kfox@mei m hc.oi g
Nvww.coni p errj ohnsoncoii nlyiowa.oi g
This correspondence will become a public record.
Marian Karr
From:
Tom Markus
Sent:
Thursday, September 12, 2013 10:03 AM
To:
'Cecilia Norris'; Council
Cc:
Sam Hargadine; John Yapp; Geoff Fruin
Subject:
RE: Need for an adult crossing guard at Horn School
09-17-1-
4f(6)
The city manager's office has asked the Police Department to work with our traffic engineering/planners to review your
request and make a recommendation. You will be advised when that report is complete.
From: Cecilia Norris [mailto:uplandmom @gmail.com]
Sent: Wednesday, September 11, 2013 3:54 PM
To: Council
Subject: Need for an adult crossing guard at Horn School
Hello,
I am a concerned parent of a child at Horn who has witnessed near misses of children getting hit on Emerald
Street. When the school put a bus lane on this heavily residential street with a crosswalk in the middle of the
bus lane, they created a dangerous situation for children crossing the street on Emerald Street. It is very
important to have a responsible adult present there to help students cross and be a presence to encourage cars to
follow the law. I understand our principal, Kristin Cannon, has been working to get this done. But we are now
in the 4th week of school and it is still dangerous. A child was almost hit by a van yesterday. I am concerned
about the safety of the children crossing as well as the safety and emotional well -being of the children crossing
guards they have now. Right now they are required to stand in the bus lane and hold out a "STOP" flag. I know
they take their job seriously and would be devastated if something happened to one of the children crossing. I
am going to work to make the school district more aware of the situation to see if there is a better way to
communicate with parents who are breaking the rules /laws but I understand Iowa City is responsible for the
placement of the crossing guards. Please act on this request soon before a child is injured.
Thank you
Cecilia Norris
820 Spencer Drive
358 -9755
iL�( �)
Date: September 16, 2013
To: Cecelia Norris
From: Kristopher Ackerson, Asst. Transportation Planner
Re: Crosswalk on Emerald Street at Horn Elementary
The following memorandum outlines proposed crosswalk changes on Emerald Street at Horn
Elementary in response to your concerns about pedestrian safety.
Background
Approximately two years ago, the school district created a new bus pull -off lane on Emerald
Street to accommodate school bus loading. The new pull -off overlapped the existing mid -block
crosswalk, so the crosswalk was supposed to be discontinued (see map).
Two pedestrian circulation issues have arisen that should be addressed. Parents park on the
west side of Emerald Street to pick -up their children after school, which means their children all
need to cross Emerald Street — the east side of the street is preferable. Second, the mid -block
crosswalk should not be utilized by school patrol because of the lack of warning signage and the
fact that the east side overlaps the bus pull -off.
Another factor is that Emerald Street is in Iowa City but Horn Elementary is in University
Heights —the east curb of Emerald Street is the boundary between the two communities.
Last week I met with Principal Cannon and Iowa City staff to discuss these issues and potential
solutions.
Discussion of Solutions
Adult crossing guard — One option is the addition (or relocation) of an adult crossing guard to
help students cross Emerald. However, Emerald Street is a low volume street and likely will not
meet the City's criteria to warrant an adult crossing guard. Specifically, the location does not
carry 500+ vehicles per hour during the school crossing hours, and the number of gaps in traffic
is likely higher than the minimum of one every thirty seconds.
Remove pavement markings for old mid -block crosswalk — Due to the conditions of the old mid -
block crosswalk, the pavement markings and 'no parking' signs could be removed on the west
side of Emerald.
Install new sidewalk, crosswalk, and parking prohibition — To improve pedestrian visibility and
reduce the number of students crossing Emerald Street a new sidewalk could be established
(see map enclosed) on the University Heights /Horn Elementary side of the street. If
S: \JCCOG \Council Memos \Horn Elementary Crosswalk.doc Page 1 of 3
implemented, the new sidewalk could serve as a de facto loading area on the east side of
Emerald Street, and sidewalk could also link to a new crosswalk (in Iowa City) that would
improve the visibility of students crossing. To further aid the visibility of the crosswalk, the City
of Iowa City could paint the new crosswalk and install 'no parking' signs on the west side of the
street both north and south of the crosswalk to prevent parked cars from blocking motorists
view of students. Additionally, the City of Iowa City could install 'school crossing' warning signs
in advance and at the crosswalk.
Recommendations
Based on the existing site conditions and traffic circulation patterns, we recommend that the
Iowa City Community School District install a new sidewalk on the east side of Emerald Street. I
discussed this possibility with Principal Cannon. If /when this proposed sidewalk has been
installed, Iowa City staff will paint a new crosswalk and install parking and crosswalk warning
signs, as well as remove the existing mid -block crosswalk pavement markings.
Conclusion
We appreciate your interest in the safety of students and improving the ability of students to
walk and bike to school. I have copied Mrs. Cannon and Dr. Dude to ensure the district staff is
aware of the proposed changes. Please contact me if you have any questions about this topic. I
can be reached at 356 -5247 or Kristopher- Ackerson @Iowa- Citv.org.
CC: Kristin Cannon, Principal, Horn Elementary
David Dude, ICCSD
Sam Hargadine, Police
Vicki Lalla, Police
John Yapp, MPOJC
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- ,.r -4,i CITY OF IOWA CITY 4f7
MEMORANDUM
Date: September 9t', 2013
To: City Clerk
From: Darian Nagle -Gamm, Traffic Engineering Planner
Re: Item for September 17"', 2013 City Council meeting; Removal of one on- street
metered parking space (L208N) and four designated moped parking spaces;
Establishment of a COMMERCIAL LOADING ZONE 30 MINUTE LIMIT 6 AM — 6 PM
with a 2 AM TO 6 AM TOW -AWAY ZONE on the east side of the 200 block of North
Linn Street.
As directed by Title 9, Chapter 1, Section 3B of the City Code, this is to advise the City Council
of the following action.
Action:
Pursuant to Section 9 -1 -3A (17 & 18); Remove one on- street metered parking space (L208N)
and four designated moped parking spaces; Establish a COMMERCIAL LOADING ZONE 30
MINUTE LIMIT 8 AM — 6 PM with a 2 AM TO 6 AM TOW -AWAY ZONE on the east side of the
200 block of North Linn Street, just north of the intersection with Market Street..
Comment:
This action was requested by the Transportation Services department to provide temporary
short-term parking for commercial vehicles that serve the 200 block of North Linn Street. This
will result in the net loss of one on- street metered parking space, and 4 on- street moped parking
spaces.
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Susan Craig
From: Susan Craig
Sent: Monday, September 09, 2013 4:46 PM
To: 2714 .Wayne.Avenue. #6 @lapis.icpl.org
Cc: COMMENTS
Subject: ADA concerns at ICPL
Dear Mary Gravitt,
You and I have spoken before about automatic door openers on the second floor public restrooms at the Iowa City
Public Library. This is not an ADA requirement. At your suggestion, we did add automatic door openers to the lobby
public restrooms because they are the most heavily used restrooms. We did not add the automatic openers to the five
other public restrooms in the building. At this time we do not have plans to add additional automatic door openers.
We have recently reduced the size of the space allotted for the storage of discards /free materials and it does require
more use of bottom shelves. Most book stacks in the library have bottom shelves and they are not in violation of ADA
requirements. I agree that the area is not as easy to use as the former location and we are looking at other options.
Susan Craig
Library Director
319 - 356 -5241
www.icpl.org
4W,* IOWA CITY
mw PUBLIC ...1RrR''
Iowa City is a UNESCO City of Literature
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September 17, 2013
Johnson County Board of Adjustment
913 S. Dubuque Street
Iowa City, IA 52240
RE: Conditional Use Permit for Al -Iman Center Cemetery, Sharon Center Road Southwest
Dear Members of the Board,
The Iowa City City Council and the Planning and Zoning Commission have reviewed the request submitted to
Johnson County by the Al -Iman Center, to allow the development of a cemetery north of 4401 Sharon Center
Road Southwest. The Johnson County Zoning Code requires review by the City for all conditional use permits
for property within the Fringe Area.
In a memo dated September 5, City Staff noted that because the site for the conditional use is outside of the
Iowa City growth boundary, it is unlikely to have negative impacts on existing or planned development within
Iowa City in the near future. At its September 5 meeting, the Iowa City Planning and Zoning Commission
recommended approval of this conditional use permit. The City Council concurs with the Commission and
recommends that the conditional use permit requested by the Al -Iman Center be approved.
Thank you for your consideration of our comments on this application.
Sincerely,
r -54,.
Matthew J. Hayek
Mayor
410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240 -1826 • (319) 356 -5000 • FAX (319) 356 -5009
September 6, 2013
Johnson C6uq,ty Board of Adjustment
913 S. Dubuque Street
Iowa City, IA 522401-1..
RE: Conditional Use Permif'fQT Al -Iman Center Cemetery, Sharon
Dear Members of the Board,
6h
�lll�r
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240- 1 826
(3 19) 356 -5000
(319) 356 -5009 FAX
www.i,cgov.org
Road Southwest
The Iowa City City Council and the Pl ing d Zoning Commission have reviewed the request
submitted to Johnson County by the Al -Iman enter, to allow the development of a cemetery north of
4401 Sharon Center Road Southwest. The J ns County Zoning Code requires review by the City for
all conditional use permits for property wi in the F ' ge Area.
In a memo dated September 5, City
the Iowa City growth boundary
development within Iowa City i the
Zoning Commission recomm ded
with the Commission and r omme
be approved.
Thank you for your
Sincerely,
Matthew J. Hayek
Mayor
gaff noted that bec3lNse the site for the conditional use is outside of
it is unlikely to ha negative impacts on existing or planned
near future. At its Septe ber 5 meeting, the Iowa City Planning and
approval of this conditio 1 use permit. The City Council concurs
ids that the conditional use rmit requested by the Al -Iman Center
of our comments on this application.
City of Iowa City
MEMORANDUM
Date: September 5, 2013
To: Planning and Zoning Commission
From: Bailee McClellan, Planning Intern
RE: CU 13-00001 AI -Iman Center Subdivision Cemetery, Conditional Use
Application
Johnson County has received an application from the AI -Iman Center requesting a
conditional use permit for 5.97 acres of land located immediately north of 4401
Sharon Center Road Southwest. The applicant wishes to use the property to
develop a cemetery that will expect an average of one to three burials per year. The
property is located to the southwest of Iowa City's City Limits in Fringe Area C and is
not within the growth area of the city.
The Johnson County United Development Ordinance permits cities to review
conditional use permits for applications within their extra- territorial jurisdiction. A
conditional use permit requires a 4/5- majority vote of the County Board of
Adjustment to approve a permit opposed by the city.
Fringe Area Agreement:
The Fringe Area Agreement for Fringe Area C indicates that land lying outside of
Iowa City's growth area shall be restricted to uses consistent with a
Rural /Agricultural area as indicated by the Johnson County Land Use Plan, and as
designated for a Rural /Agricultural area in the Johnson County Unified Development
Ordinance. Cemeteries are acceptable uses in Rural /Agricultural areas by
conditional use permit.
Zoning:
The property is currently zoned Agricultural (A) and is used for row crops. All areas
surrounding the property are also zoned Agricultural (A). The property lies directly
north of Welsh Church and an existing cemetery.
Compatibility with City Plans:
The property is not located within the City's growth area. Therefore, it is unlikely that
the property will be annexed into Iowa City in the foreseeable future. Staff believes
that the open space use of this property as a cemetery is an appropriate use
because it is unlikely that the cemetery will have negative impacts on existing or
planned development within Iowa City in the future.
County Conditions:
Johnson County Staff will require a number of conditions to be met prior to approval
of the conditional use permit, including the submission of a Soil Erosion Control
Plan, a landscape plan, and remedial storm water control techniques.
RECOMMENDATION:
Staff recommends that Council forward a letter to the Johnson County Board of
Adjustment recommending that the application submitted by the AI -Iman Center for a
conditional use permit for the development of a cemetery be approved subject to
compliance with the County requirements.
Approved by:
Robert Miklo, Senior Planner
Attachment
Location Map
Planning and Zoning Commission
September 5, 2013 - Formal
County Item:
CU13- 00001: Discussion of an application submitted by AI -Iman Center for a
conditional use permit for 5.97 acres of land located north of 4401 Sharon Center
Road SW in Area C of the Iowa City /Johnson County Fringe Area.
Miklo introduced Bailee McClellan, graduate student in Urban and Regional Planning.
He said she is doing an internship in the Planning and Community Development
Department, and will be presenting the staff report for this item.
McClellan presented her report and said that staff recommends approval.
Miklo showed photos of the area.
Freerks asked if there were any structures involved with this application. Miklo said it
would be subject to County regulations, and there may be a small structure on the
property.
Freerks opened public discussion.
Dave Larsen, representing AI -Iman Center, said the applicants picked this place
because it's right next to a cemetery, He said if there's any structure, it would only be a
building to hold a portable lawnmower.
Freerks closed public discussion.
Eastham moved to recommend that the City send a letter to Johnson County
Board of Adjustment recommending approval of the conditional use permit.
Theobald seconded.
Freerks said the application seems to meet all the requirement, and there is no reason
for them not to do this.
A vote was taken and the motion carried 6 -0.
- •a.as�
CITY OF IOWA CITY
MEMORANDUM
Date: September 12, 2013
To: Mayor and City Council
From: Marian K. Karr, City Clerk �!ul
Re: Police Citizens Review Board / Citizens Police Review Board
Introduction:
Passage of the two resolutions will complete the final stages for implementation of the changes
requested by the Police Citizens Review Board, the Ad Hoc Diversity Committee, and staff. A
clean copy of the changes is attached to the resolution. However, a redlined version is also
attached for ease in seeing the changes.
History / Background:
At the June 18 City Council work session staff recommendations for implementation of various
recommendation from the Ad Hoc Diversity Committee were reviewed; and adopted by
Resolution # 13 -217. A portion of the recommendations addressed changes to the Police
Citizens Review Board including renaming the Board to the Citizens Police Review Board;
participation by the City Manager in the police officer interview process and a two year review of
the procedure; implementation of an exit survey for complaints; removal of the language
regarding formal mediation; and changing the present 45 -day Board reporting requirement to 90
days. The Police Citizens Review Board reviewed the ordinance, by -laws, and operating
procedures at their August 12 meeting and recommended expedited action.
Recommendation:
After final reading of the ordinance the two resolutions should be approved.
13
14
IOWA CITY
CITIZENS POLICE
REVIEW BOARD
BY -LAWS
(Revised 07/13, Res. 13 - ? ? ?)
BY -LAWS
IOWA CITY CITIZENS
POLICE REVIEW BOARD
ARTICLE I. AUTHORITY:
The Citizens Police Review Board formerly known as the Poli , Citizens Review Board
(hereafter referred to as the Board) shall have that authority which, i ferred by Ordinance Na.
;:;::
97 3792 Chapter 8 of the City Code of the City of Iowa City, 1900nd through the adoption of
these by -laws stated herein
ARTICLE II. PURPOSE:
The purpose of the by -laws stated herein is to provide for the general welfareof the citizens of
Iowa City by establishing a Board to advise the Police Chief, City Manager and City Council on
matters pertaining to the policies, practices and ;overall perf6i ance of the Iowa City Police
Department. Further, in an effort to assure the citizens of;;loCiia City that the Iowa City Police
Department's performance is in keeping with community.standards, this Board is created to
review investigations into complaints of police misconduct io.;insure that such investigations are
conducted in a matter which is fair, thoroi ph, and.,accurate,'aj d to maintain a central registry and
to provide City Council with an annual repoiY on all stich complaints;
ARTICLE III. MEMBERSHIP;
Section 1. Qualificatidtts: The Bo"`."', shall cdttsist of five (5) members appointed by the City
Council who shall bo' %eligible electors' of the City of Iowa City, Iowa and shall meet the criteria
contained in Chapter,B;;,City Code, `City of lowa',Pity, Iowa. Appointments to the Board shall
include one current or former "peace offfcrer" as that'term is defined by state law. The City Council
may waive ttt residency requirement for good cause shown and may waive the requirement that
the Board meFude one current or;former "peace officer" for good cause shown.
Sect! .. 2. Compensation: Members shall serve without compensation, but may be reimbursed
for exo6oses incurred for travel outside the city on designated Board business. Such expenses
must be submitted to the City Manager for approval and reimbursement.
Section 3. Orieritation for .Flew Members. Prior to the first regular meeting following their
appointment, new inemb,.efs4hall be provided with copies of the ordinance creating the Board, the
written policies of the fo," City Police Department, the Board by -laws, open records law, open
meetings law and other documentation that would be useful to Board members in carrying out
their duties. They shall also be given an orientation briefing by the appropriate City staff and the
Board as is deemed appropriate.
Section 4. Absences. Three consecutive absences of a Board member, without excuse of the
Chairperson, from regular or special meetings may result in a recommendation to the City Council
from the Board to discharge said member and appoint a new Board member.
Section 5. Vacancies. Any vacancy on the Board because of death, resignation, long -term illness,
disqualification or removal shall be filled by the City Council after at least 30 days public notice of
the vacancy.
2
Section 6. Terms. Members shall be initially appointed for staggered terms as outlined in Chapter
8, City Code, City of Iowa City, Iowa. Thereafter, Members shall be appointed for terms of four
years, with terms expiring on September 1. If a position becomes vacant by reason of resignation
or otherwise, and results in an unexpired term of six months or less, the Council may choose to fill
the unexpired term in such a manner that the appointee shall continue in the position not only
through the unexpired term, but also through a subsequent regular term.
Section 7. Resignations. Resignations shall be submitted in writing to.the Mayor with a copy to
the City Clerk and the Chairperson of the Board at least 30 days pYgr. to the date of intended
departure.
ARTICLE IV. OFFICERS:
Section 1. Number. The officers of this Board shall be,p;GQ airperson andUjca- Chairperson, each
of whom shall be elected by the members of the Boar J , ..
Section 2. Election and Term of Office. Officers .of 'the Board shall, be elected by a;itnajority of all
members as soon as practicable after formation of'ithQ. .,Boarcj; and thereafter anmi Ily at the first
regular meeting in October each year; if the election bYj''shall not be held at such meeting,
such election shall be held as soon thereafter as is convetYietst.
Section 3. Vacancies. A vacancy m :;any office...becauso of.. death, resignation, removal,
disqualification or other cause shall be filled by the'rifprs for tk¢rlexpired portion of the term.
Section 4. Chairperson Th#jr erson shall, When presetlf$ reside at all meetings, appoint
committees, call special teetings atjd in general perform all duties incident to the office of a
Chairperson, and such other duties 0s,'may be prescribed by the members from time to time.
Section 5. Vice- ChairiSeE on aapce of the`Ghairperson, or in the event of death, inability
or refusal to.:act, ahe Vice Chairperson shall perform the duties of the Chairperson and when so
S
acting sha[I have aU the powet f and be subject'to all the restrictions upon the Chairperson.
Section'4;:;Regular Meetings;The Board's regular meeting will be held the second Tuesday of
each month. This meeting ti
me?nay be rescheduled upon agreement by a majority of the Board.
Section 2. Speciaj<meetln4s`'Special meetings may be called by the Chairperson and shall be
called by the Chair'pefsotor Vice Chairperson at the request of three or more Members of the
Board. At least one (F}tull day's written notice of meeting place, time and agenda shall be given
to each Member and the media.
Section 3. Agenda. Insofar as possible, at regular and special meetings only matters included
on the agenda may be discussed and formal votes taken. Care shall be taken to avoid discussion
of non - agenda items.
Section 4. Quorum. A majority of the members of the Board shall constitute a quorum at any
meeting.
Section 5. Place of Meetings. Meetings, both regular and special, shall be held in an accessible
3
City facility. Meetings which are forums solely for community input may be in other appropriate
meeting places in Iowa City.
Section 6. Notice of Meetings. Notice of meetings shall be required; meetings may be called upon
notice not less than twenty -four (24) hours before the meetings unless such notice is impossible
or impracticable, in which case notice shall be provided as outlined in the Iowa Code. The news
media shall be notified by staff. Board meetings shall be public except where provided in the Iowa
Code.
Section 7. Proxies. There shall be no vote by proxy.
Section 8. Public Discussion. Time shall be made available duldfid(zll meetings for open public
discussion.
Section 9. Motions. Motions may be made or seconded by any membet tif;the Board, including
the Chairperson.
Section 10. Exparte Contacts. A member who heS ilad a discussion of an agenda item outside of
a public meeting with an interested party shall reveal the contact; name the other p2ity and share
specifics of the contact, copies if in writing or a synopsis if y.01 T.
Section 11. Conflict of Interest. Mem!566s. hor:believe they:f aYe a conflict of interest on a matter
about to come before the Board shall stile the #aason for the conflict of interest, leave the room
before the discussion begins, and return a�2r the '46
Section 12. Voting. A majority v.ote;is requirer :fq :�idoption`of any motion, except for a motion to
close a session as proutded for in fhg;lowa Code,'Upon request, voting will be by roll call and will
be recorded by yeasand nays. Every_member of,,,t Board, including the Chairperson, is required
to cast a vote upon eii�h:motion. A member who abstains shall state the reason for abstention.
Section 113—Roberts Rules of Oiler Tlie'ritles;ih #(ie current edition of Roberts Rules of Order
Newly Revised shall govem the Board in all caws to which they are applicable and in which they
are not Inconsistent wit4j these bylaws and any special rules or order the Board may adopt.
The Board 'slall: have the pods and duties set forth in Chapter 8 of the City Code of Iowa City.
Section 1. All records of the Board shall be public, except:
(a) Complaints, reports of investigations, statements and other documents or records
obtained in investigation of any complaint shall be closed records unless a public hearing
is held or a contrary determination is made by Counsel to the Board pursuant to the
provisions of the Iowa Code.
(b) The minutes and tape recordings of any session closed under the provisions of the Iowa
Code shall be closed records.
(c) No member of the Board or of its staff shall disclose information protected by the Iowa
Open Records Law or the Iowa Open Meetings Law. Nothing in this provision shall prevent
the Board from releasing such information concerning alleged or acknowledged practices
to the Iowa City City Council, the City Manager and /or Chief of Police, either in the form of
its required annual report or otherwise. This section does not prevent any complainant,
witness or other person from publicizing the filing of a complaint or the matter therein com-
plained of. Violation of these provisions by a member of the Board or its staff shall
constitute grounds for removal.
ARTICLE VIII. CONDUCT OF BOARD BUSINESS:
Section 1. Agenda. The Chairperson, or a desig
assistance shall prepare an agenda for all Board meel
hours before the meeting and shall be sent to Board
Copies will be available to the public at the meeting.:;:`;
Section 2. Minutes. Minutes of all meetings a
Council members. Specific recommendations
main body of the minutes and appropriately id(
)fb" 'htative, together with staff
ndas`ar83o be posted at least 24
and the'`Yiedia prior to meetings.
and distributed i;baard and City
:potion are to be set off from the
Section 3. Review Policy. The Board sfra1tfegiew all policiesand programs of the City relating to
the Board's duties as stated herein and Make gpph recommbn"04tions to the City Council as are
deemed appropriate.
Section 4. Referrals from -6iihCil.: From timel6.ttrYie fetters YEgUests for information, requests for
recommendations and;otther mattel§,are referred`fo the Board by the City Council. The Board will
initiate consideration .:of ; each item at:the next regular Board meeting and shall notify Council of its
disposition.
Section 5. Annual Resort #An hual report detailing the activities of the Board shall be prepared
by the Chalrp`�cadra;approvetfty,the Board, and `submitted to the City Council.
The subcommittees of this Board including composition, duties, and terms shall be as designated
by the Cha1i j5$rSOn.
ARTICLE X. AMEINQMEN.181
These by -laws may tie J'�'iterecl, amended or repealed, and new by -laws adopted by an affirmative
vote of not less than three members of the Board at any regular meeting or at any special meeting
called for that purpose. Amendments shall become effective after approval by the City Council.
September 11, 2013
s:CWPCRB \Bylaws.doc
RULES COMMITTEE MEETING
MINUTES
September 11, 2013
City Clerk's Office
11:00 AM
Committee Members Present: Champion, Dickens
Staff Members Present: Karr
Police Citizens Review Board (Citizens Police Review Board) By -Laws
City Clerk Karr noted the request for changes as outlined in Procedural Rules distributed;
and reported the Police Citizens Review Board had recommended approval.
The Rules Committee recommended the Procedural Rules be approved as presented.
Meeting adjourned 11:10 AM
CITY OF IOWA CITY IOWA
CITIZENS POLICE REVIEW BOARD
STANDARD OPERATING PROCEDURES AND
GUIDELINES
INSERT DATE,
I
The lice 6 yfevv�#,Wrffl;
�� -'ffi s the
y mown a
(here " ,
referred to as
established to assure that investigations
into claims ohs ..... police misconduct are conducted in a
manner which, is fair, tho h and accurate and to
assESt Pug
r!
thej�e- 0:.iGhief th6�;iCity Manager and the City
Council 'in eva Iua "'ii ing the overall performance of the
:�:�
by having it review the Police
-66partm�' t-�s investigation into complaints. To achieve
S
t ,h:"';" un s. the Citizens Police Review Board shall
ase p . .......
comply. with 'M--"apter 8 of the Iowa City Code, Board By-
L ws:
a ,,:and Standard Operating Procedures and
TABLE OF CONTENTS
I. Complaint Process
H. RESERVED
III. Meetings
IV. Complaint Review Process
V. Identification of Officers
VI. Review of Policies, Procedures and Practices of the:. wa City
Police Department
VII. Annual Report
VIII. General"
Appendix
A. ^ The amity r
R liv..n (`i#.. (`DDR
+ i r+„ rh +o
u r + o r e Review Board
o,,
By Laws
CPRB SOP 07/13 Page 2
I. Complaint Process
In an effort to assure the citizens of Iowa City that the Iowa City Police Department's
performance is in keeping with community standards, the Board shall review
investigations into complaints about alleged police misconduct to insure that such
investigations are conducted in a manner which is fair, thorough and accurate. The
Board shall achieve this by receiving, reviewing and reporting on citizen complaints in
accordance with the procedural rules in Chapter 8 of the City Code, following the Board
By -Laws, AFtiGle and Standard Operating Procedures and 'F .guidelines.
no-'e.:..G'
A. Complaints shall be filed in accordance with
City Code of Iowa City:
1. All documents and related
returned.
filed
s Offic_.shall be as
two .:�i' #t of the
nt ll (e.g. 98 -1).
Chapter 8 of the
shall not be
a complaint
year with
sent tot uity Director, Police Chief or City
)t copy sen -',,30ard members shall have all
icer�ames a'. ;,:;ether identifying information
sent to f * Complainant confirming receipt
g the Equity Director as another resource
the complaint process.
in Chapter 8 of the City Code. e°'� hlish
5. py of' = ph complaint filed shall be provided to Board members in the
6. Amen' nts to a complaint must be in written form.
The, ;op, plainant may withdraw the complaint at any time prior to the
Bp.*'( issuance of its report to City Council.
B. Procedures for complaints subject to summary dismissal follow:
1. A complaint that appears to be untimely filed or a complaint that does not
involve the conduct of an Iowa City sworn police officer shall be handled in
the same manner as outlined in subsection "A" of the Complaint Process.
CPRB SOP 07/13 Page 3
2. The copy of the complaint furnished to the Police Chief or City Manager,
shall include a cover letter from the Board indicating that it appears to be
an untimely complaint or a complaint that does not involve the conduct of
an Iowa City sworn police officer and will be reviewed by the Board at its
next meeting.
3. The Board shall determine whether additional information is necessary to
assess whether the complaint should be summarily dismissed and, if
additional information is necessary, the
information will be obtained. The methods,#
of the complainant by a subcommittee.: <tf <I
complainant for a written subm
investigation by the Board, but
complainant to address the Boar
the complainant at a public maoti
4. Upon the completion of s.4iC1 'ihv
that additional information is:not
open session, vote to determine:
under Section 8 -8 -3E of the Or ii
facts or substanj *`0 ; ;fie complai
5. If the Board dismisses tfi' CtSJItpl
=7I
public
ethod by which such
able include an interview
Board, a request to the
ssue presented and an
ide an invitation to the
ei tinq or an interview of
and the Boa` .;jdetermination
ry, the Board sha1I4: -- motion in
the complaint will be dismissed
The Board shall not discuss the
1 open meeting.
of the decision to the Police Chief or City
3 a cover letter stating that the complaint has
r?d that a report to the Board by the Police
eager is not required by Chapter 8 of the
I' rward a copy of the decision to the complainant including a
W
letter advising that although the complaint has been
disfriTssed and will not be reviewed by the Board, there is a
method for the complainant to file a complaint directly with the
Iowa City Police Department.
Forward a copy of the decision to the City Council indicating
the dismissal and referring to the section of the City Code.
b. Complaints not involving a sworn Iowa City police officer:
1. Forward a copy of the decision to the Police Chief or City
Manager including a cover letter stating that the complaint has
been dismissed and that a report to the Board by the Police
Chief or City Manager is not required by Chapter 8 of the
Code.
CPRB SOP 07/13 Page 4
2. Forward a copy of the decision to the complainant including a
cover letter stating why the complaint was dismissed.
3. Forward a copy of the decision to the City Council indicating
the dismissal and referring to the section of the City Code.
4. If the Board determines the complaint shall not be dismissed,
it shall so advise the Police Chief or City Manager so that the
investigation may continue and melee the required report to
the Board. ......
III. Meetings
Regular meetings shall be held monthly. Special meetings may be called by the Chair as
needed. The Board shall comply with the Board's By -Laws and the Board
Standard Operating Procedures and Guidelines.
A. Meeting packets shall be distributed to Board members at least two (2) days
prior to a meeting when possible.
B. Place of Posting Notices and Agendas.
1. Follow requirements of Section 21.4, The Code of Iowa.
2. The City of Iowa City provides the Notice Bulletin Board in the lobby of
City Hall.
C. Consent Calendar shall include:
1. Minutes of the last meeting(s);
2. Correspondence and /or memoranda directed to the Board (not complaint -
related). Staff shall be given directions based on Board discussion as to
whether staff shall respond or whether Board members shall respond,
with copies furnished to the Board.
D. Time for open public discussion shall be made available at all open meetings as
provided by the Board By -Laws, .
E. Time for "Board Information" and "Staff Information" shall be made available at
all meetings.
CPRB SOP 07/13 Page 5
F
G.
a
J.
K.
Decisions made in executive session shall be ratified in open session.
Taped minutes of open meetings shall be kept thirty (30) days from acceptance
and approval of minutes.
Taped minutes of executive meetings shall be kept for one year from the date of
the meeting.
To the extent practicable, legal counsel for the
the Board.
Electronic Participation
1
Follow the requirements of
"electronic meetings". "F
attend all meetings of
21. ;he Code of Iowa for
person. It shalt be the rule of the Board to secure electronic participation
by absent members whenever it is physically feasible where such
participation is necessary or desirable'? >because of statutory voting
requirements or the importance of the subjebt matter to the public. This
rule,AKWMMt apply to electronic participation by a majority of the Board
By -Laws
3. V09 to ci]::a session. See Bestien Chapter 21-.5, The Code of Iowa.
Iowa Open RE Gprds Law
bard must follow all the requirements of Chapter 22, The Code of
?Examination of Public Records (Open Records). This means every
on has the right to examine and copy the public records of the
rd pursuant to that Chapter.
2. The lawful custodian of the Board public records is the City Clerk of Iowa
City. If the City Clerk requires legal counsel concerning whether a
document is public or confidential, the Clerk shall notify both the City
Attorney's Office and counsel to the Board of the request.
CPRB SOP 07/13 Page 6
4. In accordance with Iowa Law, the Board shall maintain the
Gconfidentiality of complaints, reports of investigations, statements and
other documents or records obtained in investigation of any complaint
See as outlined in the Board's By -Laws ""
5.
6.
7. In accordance with Iowa Law, t )and shall maintain the
Sconfidentiality of information protec ed3�`: 4Yelowa Open Records Law
eF the Iewa Open ""°°tangs Law ., c ' ;as o' d in the Board's By-
Laws VI a{G). a %
M. Iowa Open Meetings Law.
1. In accordance with Iowa Lawj —the hoard must follow all the requirements
of Chapter 21, The Gode of Ioixa, Official Meetings Open to Public (Open
Meetings). r;..;.•r
.,
2. In accordance w "••�, confider##iality of information protected by
the Iowa Meetings L ks ou ' ' :in, ••"�4
the B s By -Laws.
N. Conflicts of Interest and Ex Parte Contacts
Conflicts of Interest. See By -Laws V-44.
Ex Parte Contacts. See By -Laws V&
IV. Complaint Review Process
e Board shall review all Police Chiefs reports and City Manager's reports concerning
mplaints utilizing Sections 8 -8 -6, 8 -8 -7 and 8 -8 -8 of the City Code and the Board
dard Operating Procedures and Guidelines.
A Review of Polt's-0 Chiefs report or City Manager's report as outlined in Chapter 8
Foil a.v H 7Zbf the City Code.
B. Select a level of review as outlined in Chapter 8 of the City Code. The Board
shall notify the Complainant and the Police Chief, or the City Manager if the
complaint is against the Police Chief, of the selected level of review. The Police
Chief shall notify the officer of the selected level of review.
CPRB SOP 07/13 Page 7
Ne
E.
F.
Pursuant to Chapter 8 of the City Code, the Board may choose to subpoena
witnesses or documents.
1. A motion to issue a subpoena to compel the appearance of a witness or
for the production of documents may be made by any Board member
pursuant to the voting procedure outlined in ArtinlV n the Board's By-
Laws. Such a motion if made in closed session will be ratified in open
session.
2. The subpoena will be prepared by legal .G2j lY sel for signature by the
Board Chair.
3. Funds for the payment of witness
by the City Clerk.
4. The subpoena may be is
be interviewed by a cor
assigned by the Chair, at
The Board may Rrequest fer an
as outlined in Chapter " -t
The Board shall not is
name - clearing hearing
n Chapter _ , cfte4
service will be issued
compel the appeardhop,pf a witness to
of no more than two `$3p!ard members
and place: iietermined by the committee.
64:6faffme to file the Board's public report
f the City Code.
a police officer until after a
qe police officer as outlined
1. he Boa ormines t the comments or findings contained in its
se iti ''i`of the conduct of a sworn police officer, it
mu he office - clearing hearing prior to the issuance of the
oar Dort to Council
2. Th and §fail „select a proposed date for the name - clearing hearing.
3. Writ*Vnotice of the date, time and place of the name - clearing hearing
shall bi ;given to the officer no less than ten working days prior to the
date -' f for hearing. The notice to the officer should be transmitted via
th ce Chief Of Pet Ge. The notice to the officer shall provide a written
nse form for the officer to demand or waive the name - clearing
ring. Said written response form shall also allow the police officer to
state whether he or she requests an open or closed session.
4. If the officer provides a written waiver of the name - clearing hearing prior
to the date set for hearing, the hearing shall not be held.
5. If the officer does not respond to the notice prior to the time of the
hearing, the hearing shall be convened. If the officer does not appear, the
hearing shall be terminated.
CPRB SOP 07/13 Page 8
6. If the officer demands a hearing or appears at the hearing, the Board will
first determine whether the hearing shall be open or closed. If the officer
requests a closed session, the Board shall close the session pursuant to
motion specifically identifying SeGt^^ 21.5(1)(0) and 21.5(1)(a) of the an
appropriate provision of Chapter 21 Iowa Code as the basis for closure. If
the officer does not request a closed session the session shall be open
except where closure is appropriate pursuant to Section 21.5(1)(a}
7. Before the hearing, the Board shall advise .:-the officer of the Board's
proposed criticism(s). At the hearing, eviderle supporting the criticism
shall be presented. The officer shall be he opportunity to be heard
and to present additional evidence, inclutfmg the. testimony of witnesses.
8. If, subsequent to a name-clearing, ktearing or walyer of a name - clearing
hearing by the officer, the Boadt anges its level`bfj #eview, it shall issue
a new written notice purs 6tt ?46 subparagraph B,' B fpof . If following
said change, the proposed 0port is critical of the sworh' :b fieer's conduct,
the Board shall offer a66ther name clearing hearing toy >the officer
pursuant to the name - clearing hgann!g Dt,&cedures herein.
9. The complainaft, shall not
participate in a name- clearii
G. Report
1. 1hi Chair`Sfiiall
PA
to th0',,,M #tIna at
notice of, or have the right to
City Code
committee to prepare draft reports. The
ance from staff as needed.
be included in the agenda packet prior
3. reps,shall be discussed in executive session and finalized by the
4. Draft reports shall be confidential.
Reports shall be reviewed by legal counsel to the Board
submitted to the City Council.
H. Final Bo�fd Public Reports shall be distributed according to 8 8 7 B(3-) Chapter
8 of the City Code. The copy sent to the City Council shall be accompanied by
the minutes of the meeting which approved it and be sent to the City Clerk for
inclusion in the next Council agenda packet.
I. Once the Public Report is sent to designated parties, the complaint file is
closed. .
J. An exit survey tool will be mailed to the complaint and responses returned will be
contained in the Board's annual report.
CPRB SOP 07/13 Page 9
V. Identification of Officers
W
VII
A. The reports of the Police Chief and the City Manager to the Board will identify the
officers with unique identifiers, i.e. same number for same officer from one
complaint to the next, but not by name. In its public reports, however, the Board
shall not use the same number for the same officer from one report to the next,
in order to guard against inadvertent identification of the officer to the public by
the Board. The Board reserves the right, however,;;fiti, identify the officer in a
sustained complaint pursuant to Sestien 8 8 " `. er 8 of the City Code and
may obtain the officer's name from the City ClerO djthis purpose.
B. An allegation of misconduct or previous a11$tbatiori <Qf; irnisconduct against an
officer is not and shall not be used by the; oa�d as evidence ,of misconduct.
Review of Policies, Procedures and Prao s of the Iowa City Po rpe, Department
As stated in t#e Chapter 8 of the City Co Artiste 11 of t . oard's By-
Laws, and using the PRB Standard Oper P , ures and Guidelines, the Board
shall, from time to time, report to.the City Courteittisfi''policies, procedures and practices
of the Iowa City Police Departmetk:jnpluding rec6fitnended changes, if appropriate.
A. Policy- review
when possible.
B. Pursuant tohafter 8 of he Iowa City Code, on at least
one occasion "eacfi year the shall hold a community forum for the purpose
of hearing citizens views on the.policies, practices and procedures of the Iowa
City ;PAjice Department. The format, location, date and time, of the forum will be
rrfrt
detered by the pard,.. The procedures and requirements set forth in the
Board's'Bv -Laws f iniill,be satisfied.
Wt%WVtizen§: ::have a concern about police procedures or practices, but there is
no alle'gafion di dividual officer misconduct, there may be an issue of policy.
Any citizen pr;Board ` e.mber may raise an issue at a Board meeting.
The Board 'irilcourages signed written correspondence from citizens but will
accept anonymous correspondence concerning policies, procedures, and
practices of the lowa City Police Department.
Annual
The Board shall maintain a central registry of all formal complaints against sworn police
officers and shall provide an annual report to the City Council which will give the City
Council sufficient information to assess the overall performance of the Iowa City Police
Department 8-8_2 nn and a Q 7 r(g) of the rit, r d e.t i Vnii SeGtien c r the
GPRB By Laws, and the PGRB Standard OpeFating PFOGeduFe6 and Guidelines
A. The annual report shall include information required by Chapter 8 of the City
Code.
CPRB SOP 07/13 Page 10
B. The Board's annual report may also include recommendations to amend Chapter
8 of the City Code. the OFdiRaRGe.
Vlll. General
A. The lawful custodian of the Board records and the central depository for all
information is the City Clerk's Office of the City of Iowa City.
B. The Chair is the official spokesperson for the Board. :•`::;.
C. When legal counsel and /or staff are contacted Board business, they shall
report that information to the Chair and to each other ;;.,
D. Contacts between a Board member and; the Police d%(:and /or City Manager
shall be in the form of written communid ton when possibl2 . :..,
E. Requests for information from oard to thq,; Police Chief o'', r;Gity Manager
shall be in writing. i'
F. The Board'° adR;iRistFat` ° assistant Ct 's office shall provide the Board a
monthly " Office Contaos. eport," stating :_: ?:e. number of telephone calls and in-
office contacts which Come `directly to tl&r jty Clerk's office, the general
substance of such contacts, and tFiei.;disgosition ;ia
G. Voice
retain
ces on
the City
H. The Bo44:shall i
N 9640::office from citizens shall not be
`ranscribed' "unless there are extenuating
basis determined by legal counsel for the
stationery.
CPRB SOP 07/13 Page 11