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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. 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V C9 -x ca h cu f: V C: a. U to o- cn :3 �- Z, ci -M -E C J. Z z z Q 0 vt z 0 z It ■ Marian Karr From: Sent: To: 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 �. Couti o c, �5 o ACNP Z 1 7� c 'rat;r��o 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 o U N N Y U Y a � O n c N � o and 83SOM �pg c� f , r:fgRALD ST y d m Q N a d O � N V N � � a d 2 O aE U O. W m O E o a = - ,.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. at c w ell two ..,. r ;Crn 3 Cn Cr► X51 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 ,-M"/ I 40 1 I= i /E Y'R"C4 "�� wa ,4pa4Z 6'k ,0-1k Cfty of *A co 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