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Home My WebLink About2013-11-21 Info PacketII 0=111 P % CITY COUNCIL INFORMATION PACKET CITY OF IOWA CITY www.icgov.org November 21, 2013 IP1 Council Tentative Meeting Schedule NOVEMBER 25 WORK SESSION IP2 Strategic Planning agenda and meeting materials IP3 Orientation agenda and meeting materials MISCELLANEOUS IP4 Attachment A from Council Member Throgmorton: Demonstrating Commitment to Social /Economic Justice and Long -Term Sustainability: A New Strategic Plan Initiative IP6 Email from Human Rights Commission: Recommendation regarding strategic planning survey IP6 Copy of letter to Postmaster General from Congressman Dave Loebsack: Proposed relocation of Iowa City Post Office IP7 Copy of email response from USPS Real Estate Specialist Kuhl: Proposed relocation of Iowa City Post Office - update IP8 Copy of letter from UISG Recycling: requesting recycling services IP9 Copy of press release: High Scores for City of Iowa City on LGBT report IP10 Fiscal Year 2013 -2014 Annual Report of Boards, Commissions, and Committees IP11 Copy of letter from Cable Television Administrator to Mediacom: Funding for Public Access and Community Programming DRAFT MINUTES IP12 Citizens Police Review Board: November 20 -13 IN I& City City Council Tentative Meeting Schedule I's Subject to change November 21, 2013 CITY of IOWA CITY Date Time Meeting Location Monday, November 25, 2013 1 -7:00 PM Strategic Planning /Work Session Trueblood Lodge Iid` " r� E J4 5 ti Tuesday, December 3, 2013 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting q12 1,11p Tuesday, December 17, 2013 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting �I Saturday, January 4, 2014 8AM -5PM Spec. Formal (Organizational Mtg.) Emma J. Harvat Hall Special BUDGET Work Session Meeting (Department presentations) Monday, January 6, 2014 1:00- 7:OOPM Special BUDGET Work Session Meeting Emma J. Harvat Hall (CIP presentations) Tuesday, January 7, 2014 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, January 14, 2014 5:00 PM Special BUDGET Work Session Meeting Emma J. Harvat Hall Tuesday, January 21, 2014 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting AW Monday, January 27, 2014 4:30 PM Joint Meeting /Work Session TBA / Coralville q Tuesday, February 4, 2014 5:00 PM City Conference Board Meeting Emma J. Harvat Hall Work Session Meeting 7:00 PM Formal Meeting 1 Tuesday, February 18, 2014 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Me Tuesday, March 4, 2014 5:00 PM City Conference Board Emma J. Harvat Hall Work Session Meeting M IP2 INSTITUTE OF PUBLIC AFFAIRS THE UNIVERSITY OF IOWA CITY OF IOWA CITY STRATEGIC PLANNING CITY COUNCIL WORK SESSION MONDAY NOVEMBER 25, 2013 LODGE - TERRY TRUEBLOOD REC AREA 1:00 PM 1. Introductions and Opening Comments a. Name, Tenure, and Background 2. General Overview of the Meeting and the Goal- Setting Process a. The Ground Rules for this session 3. Review FY 2012 -13 Strategic Plan Council Priorities 4. Review major city accomplishments (2012 -13) a. Review results of questionnaire 5. Review 2013 National Citizen Survey® results 6. Review Issues, Concerns, Opportunities, and Trends a. Review results of questionnaire 7. Review /confirm city's on -going commitments 8. Identify new programs, policies, projects and initiatives b. Review results of questionnaire c. Additional Input d. Ranking /selection of priorities e. Discuss implementation of priorities 9. Other issues 10. IPA Report to the Mayor and City Council — 2013 Strategic Planning Process a. Development of Action Plan b. Importance of regular updates 11. Adjourn IOWA CITY STRATEGIC PLANNING WORK SESSION - COUNCIL -'2013 FY 2012 -13 Strategic Planning Council Priorities Economic and Community Development Development of the Downtown and near Downtown Areas Neighborhood Stabilization A Strong and Sustainable Financial Foundation Coordinated Communication and Customer Service Orientation Organizational Effectiveness Page 1 IOWA CITY STRATEGIC PLANNING WORK SESSION - COUNCIL - 2013 Questionnaire responses: E = Elected Officials Response S = Staff Response L Major Accomplishments Budget - Finance • Coping with adverse changes with respect to state and federal funding (E) • Achieved 5.8% decrease in city tax rate over 2 years without significant service impacts (S) • Retained AAA bond rating (Moody's) (S) • Implemented new financial computer system (in process) (S) • Obtained GFOA budget presentation award (S) • Taking strong position with government neighbors regarding equitable costs of services (S) • LOST expiration (S) • Adopted new purchasing policies and a "buy local" policy (S) Communications /Image /Perception • Efforts to improve community relations (S) • Creating communications department (S) • Revamping Good Neighbor Program - made more effective (S) • Introduced social media sites and launched pilot mobile application (S) • Started City Manager's Developer Roundtable (S) • Revamped front desk staffing at City Hall to provide better service (S) Cultural. Social and Recreational Services • Terry Trueblood Recreation Area (E /S) • Reaccreditation of Senior Center (S) Diversi • Numerous diversity initiatives (E) • Completed Ad Hoc Diversity Study (E /S) • Creation of Equity Coordinator position • Impact of recommendations • Efforts to increase diversity among city staff Page 2 IOWA CITY STRATEGIC PLANNING WORK SESSION - COUNCIL - 2013 Downtown • Approved new buildings south of Burlington (MidWest One, UI Music Bldg, Clinton streetscape planning, etc.) (E) • Building Change Facade Program downtown (E /S) • Initiated well- received downtown parking program; installed new credit card parking meters and rate changes (E /S) • Park at 201 (S) • Vito's rehab (S) • Riverfront Crossing planning (S) • Initiated downtown streetscape project (S) • Responded to community concerns regarding downtown (S) • SSMID established and operational (S) • Cooperative efforts with Downtown District (S) • Support for community events in downtown (S) • Converted Washington Street to two -way traffic (S) • Multiple regulatory changes including Class A office density bonus, dogs in Ped Mall, outdoor cafes and entertainment venues (S) • Multiple new or enhanced special events launched (S) • Partnered to initiate free WiFi service in Ped Mall (S) Economic Development • Selected preferred developer for Gilbert /College property (E /S) • Adopted Riverfront Crossings Master Plan and began implementation (E /S) • Calling out unfair practices (TIF, poaching, etc.) (E) • Towncrest (S) o Development of two medical office buildings • Williams streetscape • Fagade Program (2 awards made) • City held fast to policies regarding TIF and other financing mechanisms for projects despite neighbor's use (S) • Completed public improvements - 420th St. Industrial Park and achieved shovel ready status (S) • Development agreements for major high rise construction and historic rehab projects downtown (S) • First major office building in Riverfront Crossings under construction (S) • More pro- active in recruiting and supporting business growth (S) • Multiple small business loans /grans (Molly's, Trumpet Blossom, Prairie Lights, Title Boxing, etc.) (S) • Acquired $1.9 grant for access road to Moss Ridge Campus (S) • Significant public improvements in 1St Ave Sycamore, Hwy 6 area (S) • Investments in Busy Co- Working and CoLab (S) Page 3 IOWA CITY STRATEGIC PLANNING WORK SESSION - COUNCIL - 2013 Facilities • Numerous green initiatives (E) • East side recycle center and dual stream recycling (E /S) • Completed city space needs study (S) • Updating Public Library (S) • 28E Agreement for Animal Shelter - construction 2014 (S) • Continued to receive strong community support /donations for city projects (Library, Terry Trueblood Center, Senior Center) (S) • Began planning to open up old Public Works /Transit site for redevelopment (S) • Facilitated sale of multiple airport lots (S) Flood Recovery /Mitigation • Completed flood mitigation grant program (E) • Flood mitigation projects (E) • Completed home buyout grants and other flood recovery grants (S) • Ongoing planning and preparation for major flood recovery projects (S) • Relocation of north Wastewater Plant 80% complete (S) • Construction of Westside Levee underway (S) • Well house protection and water main river crossing s complete (S) • Rocky Shore Drive flood gate and lift station will be bid this winter (S) • Environmental review of Gateway Project nearing completion (S) • Ashton House /Normandy Drive restoration (E /S) • Acquired Insurance Service Office (ISO) rating from National Flood Insurance Program's Community Rating System - discount on flood insurance premiums for IC citizens (S) Governance./Organizational • Completion of Strategic Plan throughout entire municipal govt. (E /S) • Completed and adopted 2030 Comprehensive Plan Update (E) • Better lobbying efforts (E) • Completing Sustainability Assessment (E) • ICGov Express pilot project successful, will expand in future (S) o Mobile citizens service center • Standardized employee performance review form (S) • Succession Plan document (S) • Continued streamlining of City staff and resources (S) • Created electronic application submittal process and successfully implemented ProjectDox in site plan review and building plan review process (S) • 24/7 accessibility of cemetery records (S) • New radio system for non - public safety users (S) • Completed citywide Sustainability Assessment (S) Page 4 IOWA CITY STRATEGIC PLANNING WORK SESSION - COUNCIL - 2013 Housing and Community Development • Neighborhood stabilization (S) • UniverCity program - continuation and expansion (E /S) • Rehab programs through GRIP, CDBG & HOME • Zoning code changes limiting multi- family to 3 bedrooms (E /S) • Civil penalties for Disorderly House violations • Improved communication, and increased neighborhood presence, targeted enforcement (Police, Code Enforcement) • Created new Targeted Neighborhood Improvement program • Multiple neighborhood public improvements (Dewey St., North Market Square Park, etc.) • Jefferson Street Historic District established (E /S) Infrastructure /CIP • Trail on Hwy 1W (E) • Rochester Ave bridge replacement (E) • Considerable progress on key public infrastructure projects (S) • Substantial investment in infrastructure for southeast IC (S) • Sycamore Street improvements, south of Hwy 6 • Sycamore St /Hwy 6 intersection improvements (E /S) • Reconstruction of Lower Muscatine Road, with sewer and water main replacements (E /S) • Highway 6 asphalt overlay • First Ave storm sewer improvements • Planning, land acquisition, utility relocation - First Ave Railroad Grade Separation Project (construction 2015) • Extend paving on Sycamore St for new grade school (2015) • Expansion of South Wastewater Treatment Plant (E /S) Public Safetv • Disaster response (landfill fire and 2013 flood) (E /S) • Responded to concerns regarding 21 Only (E /S) • Fire Station #4 construction completed and operational (E /S) • Funding for two community policing officers (S) o Complement Strategic Plan - Customer Service & Neighborhood Stabilization • Completed remodel of Fire Station 1 kitchen /dining area (S) • Successfully obtained FD reaccreditation (S) • Improved ISO rating to class 2 (S) • Teamed with Safe Kids Johnson County to establish car seat FIT station at Fire Station 4 (S) • Completing Phase 2 of life - safety upgrades for existing bars and restaurants required to be retrofitted with fire sprinkler systems (S) Page 5 IOWA CITY STRATEGIC PLANNING WORK SESSION - COUNCIL - 2013 II. Issues, Concerns, Trends, and Opportunities Budget /Finance • 2013 State property tax legislation: 0 negative short- and long -range impact on city revenues (E /S) • Continued declines in state and federal funding (E) • Keep balanced budget (E) • SEATS funding in future years (E) • More with less (S) • Management /funding of large public improvements, especially in RFC - how to keep momentum going forward (S) • Lack of commitment of Legislature to local government and UI funding (S) • City's major employers are government entities that do not pay property tax. How to capitalize on their presence in ways that improves the revenue stream (S) • State and Federal regulatory requirements continue to grow and dictate much of what we do and how we spend our money (ADA, GASB, water quality standards, etc.) (S) • Increasing demands for public services in conflict with declining revenues (S) • Meeting increasing administrative requirements and uncertainties related to Healthcare reform (S) • Opportunity to pursue LOST renewal (S) • U of I, ICCSD, City capital projects - negative impact on bid prices (S) • Continued implementation of financial software system (S) Communications /Image /Perception • Promotion of city accomplishments (E) • Staying current on social media for communicating with public (S) • Growth in mobile technology (S) • No longer enough to be available during business hours - 24/7 world (S) Page 6 IOWA CITY STRATEGIC PLANNING WORK SESSION - COUNCIL - 2013 Diversi • Changing demographics and tensions it creates (E) • Invent better ways of responding to demographic transformation that Iowa City and surrounding area have been experiencing over past 10 -15 years (E) • Diversity - both perception and reality (E) • Implementation of diversity plan - work to address concerns of ethnic /racial minorities, low income, less well- educated and improve relationships (E /S) • Underrepresentation of low- income, ethnic minorities, less well- educated older adults in Senior Center (S) Downtown • Streetscape project (E) • Continue to improve parking issues downtown (E) • Growth and interest in downtown (S) • Leverage U of I investment in downtown (Music /Art) (S) • What's going to happen with Federal Building? (S) Economic Development • Ensure maximum outcome for Riverfront Crossing in terms of sustainability, walkability and visual optimization (E) • Continuing effort to be more competitive (E) • Threats from our suburban neighbors (E) • Increasing tax base, bring in more jobs at all skill levels (E) • Addressing lack of economic growth compared to Coralville and North Liberty (E) • Facilitate innovative commercial space in and near Sycamore Mall (E) • Market city as a hidden gem (E) • Sycamore Mall - transition to new marketplace concept (S) • City /area will continue to be building - /construction- centered economy from U of I, ICCSD, City capital projects (S) • Grown in construction and development around city (S) • Attitude of entitlement by developers to TIF funding (S) • Tightness of financial institutions for private development in post -2007 environment (S) • Building new /sustaining current retail establishments, not only downtown, but Sycamore Mall and Pepperwood, Hwy 1/6 corridor (S) • Look for synergies between economic development and U of I research activities (S) • Capitalize on national trend that people like to move to and retire in college towns (S) Page 7 IOWA CITY STRATEGIC PLANNING WORK SESSION - COUNCIL - 2013 Facilities • Investigate further options for optimizing access and efficiencies of senior center (E) • Complete work on Animal Shelter - funding, design and construction (S) • Responding to space needs study (S) Governance /Organizational • Co -op between housing inspection - zoning; streamline process (E) • Manage expected senior staff turnover in next five years (S) • Review all city permitting requirements and processes to look for efficiencies and eliminate redundancy (S) • Improve the review, approval and permitting procedure for zoning, overlay zoning, subdivisions, plats, planned overlay projects (S) • Overlay zoning districts make zoning less understandable to developers and more difficult for staff to administer • Develop electronic application and submittal process Housing and Community Development • Blight, stagnation in certain parts of city (E) • Should not have low income ghettos (E) • Housing should be more diverse (E) • Address affordable housing issues (E) • Need to better define issue of affordable housing (S) • Neighborhood stabilization (E) • Seek to leverage school district planning to ensure neighborhood stabilization (E) • Neighborhoods are diversifying with variety of housing options (S) • Lack of existing labor coupled with increase in demand for these skill sets will continue to drive short -term housing issues (S) • Increase in over - occupied properties with high level of collusion between tenants and landlords to escape enforcement - successful pursuit of fine is regarded as cost of doing business by tenants and landlords (S) • Be ready and prepared for city growth (S) • Homelessness (S) Infrastructure /LIP • 1St Ave railroad bridge project (E) Page 8 IOWA CITY STRATEGIC PLANNING WORK SESSION - COUNCIL - 2013 Intergovernmental Relations • Actively seek action plan between Iowa City and Coralville regarding effect of TIF, business poaching and debt repayment (E) • Need for improved relationship in general between Iowa City and Coralville (S) • School district facilities /socioeconomic decisions (E) • Cooperation with County and other governmental bodies (E) • Lack of regional cooperation (from development to affordable housing) (S) • Partnerships with ICCSD and University (S) • Inability to get Justice Center launched (S) Public Safetv • Addressing disproportionate minority contact rates (E) • Create safe transportation plan for Burlington St and other central streets that accommodate bikers and pedestrians as well as motor vehicle traffic (E) • Increasing population densities in east IC risk management zones will increase response requirements - need to decrease total response time for first unit on scene (S) • Pending Riverfront Crossings development impacts Fire Dept Training Center location (S) Other • Addressing livable wage issues (E) • Wealth migration (E) • Advance discussion of modified inclusionary zoning at the MPOJC level in addition to planning at the city level (E) • Greatly improve local response to threat of global climate change (E) • Thoughtfully assess risk that Massive Open Online Courses (MOOCs) might transform the University and which might undermine the long- term economic health of the Iowa City area (E) Page 9 IOWA CITY STRATEGIC PLANNING WORK SESSION - COUNCIL - 2013 III. On -Going Commitments (as identified by staff) • Flood recovery and mitigation: • Demolition of north wastewater plant • Make a decision regarding Gateway (North Dubuque St and Park Road bridge) • Replace animal shelter • Rocky Shore flood gate and lift station • State and federally funded projects: o Lower Muscatine Road reconstruction • 1St Avenue railroad grade separation • Dubuque St pedestrian bridge • Riverfront Crossing Redevelopment Project o Multi -use parking • Towncrest Redevelopment Project • Downtown /Near Downtown Initiatives • Downtown retail market analysis • SSMID establishment • Continue grant- funded UniverCity program • Continue stabilization programs of older neighborhoods such as Longfellow, Northside, Goosetown • Continue to work with ICCSD regarding jointly announcing mutual intentions to invest in upgrading /improving older schools and neighborhoods and ensure new elementary school forms part of a neighborhood designed for long -term sustainability • Develop a plan for economic strategy and planning to existing commercial areas outside of downtown and Towncrest • Develop comprehensive marketing /public relations /communications plan • Resolve the development issues regarding Gilbert /College project • Evaluate existing permitting infrastructure to verify it remains cost effective, provides efficiencies, and allows for transparency throughout the review and approval process along with providing accessible data retrieval process • Continue implementation of Diversity Plan • Develop new Council Strategic Plan Page 10 IOWA CITY STRATEGIC PLANNING WORK SESSION - COUNCIL - 2013 IV. Significant New Initiatives, Programs, Policies, Actions Budget /Finance • Explore city revenue diversification alternatives (S) Communications /Image /Perception • Use Summer of the Arts programs to promote other areas of Iowa City (E) • Better promotion of city's accomplishments, features and quality of life (E) • Create a more effect way to promote "city happenings" in Iowa City through online resources, apps and social media (E) • Improved website design (E) Diversi • Find proactive ways to incorporate the changing demographic of Iowa City (E) • Advance intent of Ad Hoc Diversity Committee recommendations - develop new programs /initiatives that directly respond to ongoing concerns (E) • Increase diversity of city staff and dept leadership (E) • Explore ways to facilitate and improve relations between city staff and African - American and Latino residents (E) • Greater racial /ethnic diversity on city boards and commissions (E) • Improved outreach by Police and other city staff to minority residents (E) • Educating our Police on diversity issues and what behaviors are considered normal by different cultures (E) Downtown • Implement downtown streetscape plan (S) Economic Development • Work with Chamber of Commerce to incorporate a small business initiative to foster local business growth and economic development (E) • Small business growth (E) • Aggressive pursuit of retail in southeast Iowa City (E) • Obtain department store in IC (E) • Revise Economic Development Policy to state that no business will be granted tax incentives (e.g., TIF) unless it commits to high degrees of energy efficiency (E) Page I I IOWA CITY STRATEGIC PLANNING WORK SESSION - COUNCIL - 2013 Facilities • Develop Action Plan, including financing plan, for city facility major upgrades or renovations (S) Governance /Organizational • Continue current strategic plan objectives - much progress has been made, but goals not met (E) • Create another Ad Hoc committee to look into other city issues (affordable housing, access to resources, city promotion) (E) • Adopt at least one major initiative demonstrating to the general public city government is committed to social /economic justice and long -term sustainability (E) (See attached proposal - Attachment B) • Incorporate Healthy Life Initiative (E) • Develop "listening posts" with more than one council member, scheduled throughout the year - not just during campaigns (E) • Have rotating sets of 3 council members conduct quarterly "listening sessions" in different parts of city at times convenient to working people (E) • Increase city staff size (E) • Embed goals concerning social /economic justice and long -term prosperity /sustainability into city's budget, 3 -year financial plan, CIP, economic development policy and zoning code (E) • Educational advancement opportunities in connection with position advancement and /or tuition reimbursement program (S) Housing and Community Development • Identify at -risk residential and commercial neighborhoods and expand efforts to stabilize /revitalize (E) • Incentives for mixed income housing (E) • Living wage housing - task force with developers (E) • Develop regional approach to affordable housing and better socio- economic balance between school districts (E) • Revise Affordable Housing Location Model to indicate where new lower - income housing should be located (not just where it cannot) (E) • Develop a few new sites to contain housing at a mix of rents /prices (E) • Take steps toward "inclusionary zoning" ordinance (E) • Develop workable modified inclusionary zoning policy that could be approved pending similar zoning in nearby jurisdictions (E) • Conduct regional housing market /condition study (S) Page 12 IOWA CITY STRATEGIC PLANNING WORK SESSION - COUNCIL - 2013 Infrastucture • 1St Ave railroad bridge complete in timely fashion (E) • Accelerate river bank improvement between Hwy 6 and Burlington St. bridges (E) • Plan cable car transport in Central Business District and along Clinton to Riverfront Crossings and Northside District (E) • Study elimination of one -way streets (S) Intergovernmental Relations • Improve inter - governmental relations, communications - Johnson Co. BOS and ICCSD, in public or subcommittees (E /S) o Joint schools /Council committee • Pursue more regionalism (housing, gov't services, etc.) (E) • Forge more partnerships with U of I (research park, mixed -use, etc.) to keep U of I dollars here (E) • Explore regional approaches to service delivery (S) • Update Parks Master Plan/ comprehensive park capital improvement strategy and determine level of commitment to partnerships with ICCSD (S) Public Safetv • Conduct feasibility study of Provisional Paramedic service /fire -based EMS (S) • Fire Dept. training center relocation (S) Social /Economic Justice* • Adopt at least one major initiative demonstrating to the general public that city government is committed to social /economic justice and long- term sustainability (E) o Benefit lower- income people directly while addressing local challenge of mitigating and adapting to global climate change • Embed goals concerning social /economic justice and long -term prosperity /sustainability into city's budget, 3 -year financial plan, CIP, economic development policy and zoning code (E) • Investigate possibility of establishing an "Urban Amenities" or "Core neighborhood park" fee for large apartment buildings (both new and existing) to support infrastructure that would enhance livability and attractiveness of denser neighborhoods (E) Page 13 IOWA CITY STRATEGIC PLANNING WORK SESSION - COUNCIL - 2013 Sustainability • Build on 2013 Sustainability Assessment by developing a specific action plan for future years (E /S) • Research and implement a sustainability project with Chamber of Commerce encouraging businesses to become more sustainable (i.e. the Petal Project) (E) • Create new Office of Sustainability within city govt (E) • Create ad hoc Committee on Long -Term Prosperity and Sustainability (E) • Begin to revise Zoning Code to facilitate achievement of sustainability goals per revised Comprehensive Plan (E) • Make recycling easier - especially multi - family buildings (S) • Conduct "carbon footprint" analysis for all new proposed major development projects (S) Other • Work to promote development of interstate exchanges (E) • Develop plan to enhance access to broadband connectivity all over town (S) • Strongly encourage MPO to begin revising Long Range Transportation Plan in light of risks associated with climate change and possible reductions in state and federal funding (E) • Expand bicycle travel provisions (lanes, sharrows, etc.) and consider related travel modifications including one -way conversions and road diets (S) *Document outlining in more detail the proposed initiative has been provided to City Council. Page 14 IOWA CITY STRATEGIC PLANNING WORK SESSION - COUNCIL - 2013 III.Please list any significant initiatives, programs, projects or policies that you think the City should consider in the next two years. a. Adopt at least one major initiative demonstrating to the general public of Iowa City that its city government is committed to social /economic justice and to long -term sustainability. Such an initiative would unambiguously use city tax dollars and/or tax incentives to benefit lower - income people directly while also addressing the local challenge of mitigating and adapting to lg obal climate change that is, the initiative would simultaneously stimulate small business formation/expansion, reward creativity, provide young lower- income adults with good jobs (and pathways to better jobs), enhance social cohesion by weaving new residents (especially Latinos, lower - income African - Americans, and other immigrants) into the fabric of the local community, and help IC businesses and residences dramatically reduce their carbon emissions. (See attached proposal.) b. Build on the good start provided by the Ad Hoc Committee on Diversity's recommendations and the staffs response by: (1) increasing the diversity of the city staff and departmental leadership; (2) examining possible ways of facilitating and improving the interaction and sense of trust between city staff and Iowa City's African - American and Latino residents; (3) finding ways to build on existing strengths within the African American and Latino communities; and (4) achieving greater racial /ethnic diversity on our boards and commissions. c. Develop a good regional strategy for increasing the supply of affordable housing and achieving better socioeconomic balance among school districts. This should include action taken by Iowa City regardless of what nearby cities do; e.g., (1) revising the Affordable Housing Location Model to indicate where new lower- income housing should be located (notjust where it cannot); (2) developing a few new sites to contain housing at a mix of rents /prices, especially near the two new elementary schools and perhaps (in collaboration with the County) in the County -owned 130 -acre site west ofl -380 and south of Melrose; and (3) taking steps toward adopting anew "inclusionary zoning" ordinance. d. Embed goals concerning social/economic justice and long -term prosperity /sustainability into the city's budget, three -year financial plan, capital improvements program, economic development policy, and zoning code, This might be facilitated by: 1) Creating a new Office of Sustainability within city government (using a small number of staff reallocated from other departments), 2) Creating an Ad Hoc Committee on Long -Term Prosperity and Sustainability consisting of diverse stakeholders and charged with the task of devising a climate mitigation and adaptation strategy, 3) Beginning to revise the Zoning Code to facilitate achievement of the sustainability goals articulated in our recently revised Comprehensive Plan and to enhance the quality of design in neighborhoods, Page 15 IOWA CITY STRATEGIC PLANNING WORK SESSION - COUNCIL - 2013 4) Investigating the possibility of establishing an "Urban Amenities" or "Core Neighborhood Park" fee for large apartment buildings (both new and existing). The funds would be used to support infrastructure (e.g., small pocket parks) that would enhance the livability and attractiveness of denser neighborhoods 5) Strongly encouraging the MPO of Johnson County to begin revising the Long Range Transportation Plan in light of the risks associated with climate change and possible reductions in federal and state funding for transportation, and 6) Revising the Economic Development Policy to state that no business will be granted tax incentives (e.g., TIF) unless it commits to achieving high degrees of energy efficiency. e. Improve relations with important stakeholders by: (a) alleviating tensions with the Board of Supervisors (e.g., over the JECC, the Animal Shelter, TIF, and SEATS) by inviting them to meet with us at least once a year, preferably twice; and (b) having rotating sets of 3 City Council members conduct quarterly "listening sessions" in diverse parts of the city at times convenient to working people; e.g., at Grant Wood School on a Saturday. No formal decisions would be made at these sessions Page 16 =wN 2013 -2014 Council Orientation AGENDA November 25, 2013 Following Strategic Planning Session Terry Trueblood Rec. Area Lodge A. ORGANIZATIONAL MEETING B. COUNCIL MEETINGS 1. Open Meetings /Open Records /Executive Sessions 2. Council Communications/E -mail 3. Formal meetings; Work Sessions; Special Budget work session 4. Ordinances/Resolutions/Motions 5. Voting procedures 6. Posting and minutes 7. Planning & Zoning Ex parte communications; Consultation 8. Contact with staff C. COUNCIL PACKETS /AGENDA PREPARATION 1. Agenda Prep/Distribution iPads 2. Late items/handouts 3. Board and Commissions applications /gender balance D. TECHNOLOGY 1. E -mail 2. Laserfiche 3. City Website (bio info); City Code 4. General Communications Policy G. MISCELLANEOUS 1. Business Cards 2. Tours 3. City Vehicles /Travel Policy 4. City Attorney Assignments 5. Resolutions 83 -223 — Serving on governing boards of agencies funded with city funds 00 -117 — Abstention when not required by conflict of interest 02- 243 — Procedure for calling special meeting and establishing procedure 13 -81 - Approving order of the formal agenda s /councilmembertransition /orientation 13. doc Open Meetings, Open Government Revised 2013 A--f-O �, IOWA LEAGUE QfCITIES 2 1 Open Meetings, Open Government Table of Contents Introduction........................................ ............................... 3 Questions & Answers MeetingsGenerally ......................... ............................... 4 Public Notice and Agendas ............ ............................... 7 Meeting Procedures and Minutes ... .............................10 ElectronicMeetings ......................... .............................13 Closed Meetings Generally .............. .............................15 Procedure for Closing a City Council Meeting ............18 Closed Meeting Procedures and Minutes ....................19 Closed Meeting on Personnel Issues ............................21 Enforcement................................. ............................... 23 About the Iowa League of Cities ..... ............................... 27 Page 2 Iowa League of Cities 1 3 Open Meetings The purpose of this publication is to provide general guidance on the Iowa Open Meetings Law, Code of Iowa Chapter 21. This law requires meetings of governmental bodies to be open to the public. Cities often have questions about the applicability of this law to day -to -day city business. The information contained here is designed to be general in nature and does not constitute legal advice. If there are specific legal questions about open meetings requirements, the city should contact the city attorney. The Iowa Open Meetings Law favors openness, so situa- tions where the applicability of the law is unclear should be resolved on the side of openness. Page 3 4 Open Meetings, Open Government Meetings Generally The Iowa Open Meetings Law applies to gov- ernmental bodies, including city, county and state governments. Governmental body refers to a "board, council, commission or other govern- ing body." The law also applies to "an advisory board, advisory commission, advisory commit- tee, task force, or other body created by statute or executive order of this state or created by an executive order of a political subdivision of this state to develop and make recommendations on public policy issues." For cities, this law applies to the city council, as well as entities such as the planning and zoning commission, the board of adjustment, library board and the park and rec- reation commission. The law also applies to any entity organized under Code of Iowa Chapter 28E. [Code of Iowa 21.2] A meeting is "a gathering in person or by elec- tronic means, formal or informal, of a majority of the members of a governmental body where there is deliberation or action upon any matter within the scope of the governmental body's policy- making duties." [Code of Iowa 21.2(2)] Page 4 Iowa League of Cities 1 5 To conduct a meeting, a quorum (or majority) of the governing body must be present when there is discussion or deliberation on city business. Vacant positions must be included when calculat- ing the number of council members that must be present for a quorum. [Code of Iowa 21.2 and Code of Iowa 380.41 Examples. If a five- member council has two vacancies, it needs a majority of the five (all three current members to be present in order to conduct a meeting. If a regular meeting is held and only two members of afive- member council attend, business cannot be conducted for lack of a quorum of the council. A gathering of members of a governmental body for purely ministerial or social purposes when there is no discussion of policy or no in- tent to avoid the requirements of the open meet- ings law is not a meeting. [Code of Iowa 21.2] Example: Three council members of a five- member city council attend the same high school football game. They do not need to avoid each other, but should notget together during the game to discuss city business as this could constitute a meeting. Page 5 6 1 Open Meetings, Open Government Q: Are committee meetings that include the mayor and several council members required to be open meetings? Ordinarily committees that are created by a city are covered by and subject to open meetings law requirements. Example: A city council operating under the Mayor - Council form (mayor and five council members ) passes a motion to establish a budget committee, consisting of the mayor, two council members and the city finance officer. It may be argued that this committee would be subject to open meetings requirements and an opinion should be sought from the city attorney on whether or not that is the r "rJ Q: Are work sessions or retreats where the council discusses, but does not take any ac- tion on items, subject to the open meetings law requirements? Yes, if a majority of the council is present and they are discussing or deliberating on city busi- ness. The fact that the council is deliberating on city policy is sufficient to make the gathering an Page 6 Iowa League of Cities 1 7 open meeting. It is not necessary that the council take action or vote to make the gathering into a meeting under Iowa law. Public Notice and Agendas Meetings of governmental bodies must be pre- ceded by public notice. Public notice is given by delivering a copy of the public notice to those in the media who have requested it and by posting the public notices in a prominent place in the city office. Many cities post notice on a bulletin board in city hall or on the door. If the city does not have a city hall, they can post notice in the build- ing where the meeting will be held. Public notice must give: - Time, date and place of the meeting - The tentative agenda for the meeting Public notice must be given at least 24 hours prior to the meeting. [Code of Iowa 21.4] Page 7 8 Open Meetings, Open Government Q: When posting the agenda, what needs to be listed and in how much detail? The agenda should list the items the council intends to discuss and intends to act upon. There is no clear definition on what is enough informa- tion, therefore, if in doubt, give more rather than less information. Example: An agenda item of "water" may not be enough information to tell the public that the council will be discussing an amendment to an ordinance increasing water rates On the other hand, it is not necessary for the agenda to include the wording of the entire ordinance. Q. Can cities hold meetings with less than 24 hours notice? Yes, if it is not possible or practicable to give 24 hours notice. If an emergency situation requires a meeting with less than 24 hours notice, give as much notice as can be given, but in any event, give at least some notice. The city must justify its reason for not giving 24 hours notice in the minutes of the meeting. The city must also justify its action if it holds a meeting at a place not Page 8 Iowa League of Cities 1 9 reasonably accessible or at a time not reasonably convenient to the public. [Code of Iowa 21.4] Example. A levee breaks and the city is being flooded, the council may need to have an emergency meeting to hire a contractor to come in and repair the levee immediately. The minutes of the meeting need to explain the nature of the good cause which justified holding a meeting without providing 24 hours notice. Q. Can the council amend the agenda once the council meeting has started? While the council can amend the agenda to de- lete items or rearrange order of consideration, it is not advisable to amend the agenda to add new items after a council meeting has started or if the agenda has been posted and less than 24 hours remain before the start of the meeting.. The council must provide 24 hours notice to the pub- lic on what will be discussed at the meeting. If an item is added to the agenda less than 24 hours prior to a meeting or at a meeting, the public may contend that proper notice was not given. Page 9 10 1 Open Meetings, Open Government Example: During the public forum, a citi .Zen complains about dogs running at large and suggests the council pass an ordinance at that meeting to address the problem. The mayor orpresiding officer should defer the discussion and action to the next council meeting or suggest a special meeting be called if there is an immediate need to address the issue. It is not appropriate to move forward with ac- tion on an item that was not on the agenda. Q. Once a properly noticed meeting has started can you take a break and reconvene the meeting at a later time? Yes, a meeting can be reconvened within four hours of the start of its recess, where an an- nouncement of the time, date and place of the reconvened meeting is made at the original meet- ing in open session and recorded in the minutes of the meeting and there is no change in the agenda. [Code of Iowa 21.4] Meeting Procedures and Minutes A meeting occurs when a majority of the council gathers to discuss city business. If a quorum of Page 10 Iowa League of Cities 1 11 members of the governing body is not present, a meeting cannot be held. Q: Can a council member who will not be present at a meeting send in their vote with another council member or tell the clerk to record their vote a certain way? No, although state law does not explicitly prohib- it proxy voting, it is not advisable for a council member to vote by proxy. Sending in a vote and not participating in the discussion at a meeting denies the public access to whatever information or discussion led a council member to vote in a certain way. Additionally, had a council member attended the meeting, they may have been pre- sented with information that would have caused them to vote differently. Page 11 12 1 Open Meetings, Open Government Q: The minutes have to record the vote of each council member. Does this mean a roll call vote is required on each action of the council? The procedure to record the vote of each mem- ber is to either take a roll call vote or to deter- mine each member's vote in some other manner. The method is not as critical as the fact that each council member's vote is recorded. Example: Some cities may use an electronic voting system that records each council member's vote. Some mayors or clerks may be adept atpicking up on how each council member voted during a regular voice vote or may request that council members raise their hands to vote. Q. Do citizens have to be allowed to partici- pate in a meeting or can cities have rules regulating the public attending a council meeting? The public can use cameras or recording equip- ment to take photos, movies, recordings, etc. of any open session. Although many cities provide time for public input, it is not a requirement of the open meetings law. Many cities provide a time for Page 12 Iowa League of Cities 1 13 public comment in order to allow citizens to give feedback and have input in their city government. There are specific situations that require the city to hold a public hearing (prior to adoption of the budget, for example). The purpose of a public hearing is to solicit public input on the proposed action, so receiving public comment is a require- ment. Cities can make rules of conduct for their meetings to ensure the meetings are orderly. The rules can permit the council or presiding officer to establish time limits for public comments. The mayor or presiding officer is ordinarily responsi- ble for enforcing these rules. Contact the League for sample rules of conduct for meetings. Example: A city might offer a `public comment" agenda item and limit each person to five minutes, requesting that they state their name and address, etc. Electronic Meetings A city can only hold a meeting by electronic means if conducting such meeting in person is either impossible or impractical, and then only if the city complies with all of the following requirements: Page 13 14 1 Open Meetings, Open Government - Public access to the conversation of the meet- ing has been provided to the extent reasonably possible. - Notice is given of the meeting time, date, place and tentative agenda as soon as reason- ably possible, pursuant to Code of Iowa Section 21.4 - Minutes are kept of the meeting and must include a statement explaining why a meeting in person was impossible or impractical. Council members who are unable to attend a regular council meeting may participate electroni- cally but must be connected by a means that allows them to hear and be heard. Q: Can electronic or e-mail communication between city council members be considered a meeting under Iowa Open Meetings Law? A "meeting" under Iowa law means a gather- ing in person or by electronic means, formal or informal, of a majority of the members of a governmental body where there is deliberation or action upon any matter within the scope of the governmental body's policy making duties. Page 14 Iowa League of Cities 1 15 No Iowa court has specifically ruled on the ap- plication of the Iowa Open Meetings Law to simultaneous electronic communication between council members. City officials should keep in mind that the Iowa Open Meetings Law is intended to require that the city's business be conducted in open meetings. Closed Meetings Generally A closed meeting is a meeting of a governmental body that is closed to public access, meaning that neither the general public nor the press can be present at that meeting. A city council or other body can close a meeting only for very specific reasons described in law. The law favors open- ness so before closing any meeting, the city should consult the city attorney. Code of Iowa Section 21.5 provides specific rea- sons and procedures for closing access to a pub- lic meeting. The most common reason cities hold a closed meeting is to evaluate the professional competency of an individual whose appoint- ment, hiring, performance or discharge is being considered when necessary to prevent needless Page 15 16 1 Open Meetings, Open Government and irreparable injury to that individual's reputa- tion and that individual requests a closed session. Other common reasons a city would close a ses- sion include the discussion of strategy with legal counsel in matters that are presently in litiga- tion or where litigation is imminent. In addition, the purchase or sale of real estate is commonly discussed in a closed session where premature disclosure would adversely impact price. The qualification with this exemption is that the min- utes and the recording of a session closed under this paragraph need to be available for public examination when the transaction discussed is completed. Q: Are there any meetings of a governmen- tal body that are exempt from the open meet- ings requirements? Yes. A meeting to discuss strategy in matters relating to employment conditions of employees of the governmental body who are not covered by a collective bargaining agreement under Code Chapter 20. A city considering holding a meeting of this sort should seek the guidance of the city attorney. [Code of Iowa Section 21.9] Page 16 Iowa League of Cities 1 17 Note: This exemption is only for the purpose of discuss- ing strategy. Therefore, action involving employment conditions must be taken at a meeting that complies mvith the open meetings requirements. For this purpose, "em- ployment conditions" means areas included in the scope of negotiations listed in Code of Iowa Section 20.9. Q. Does the city clerk have to be present during a closed session to take minutes? No. If the clerk is not present, the governing body must appoint someone to perform this function. Q: Can persons other than members of the governing body be present during a closed session? Yes, provided that governing body authorizes their presence. However, particularly when meet- ing with the city attorney, caution should be used to avoid potential problems in exercising the attorney -client privilege. Page 17 18 1 Open Meetings, Open Government Q: Do persons other than members of the governing body have a right to be present at a closed session? No. Procedure for Closing a City Council Meeting The council meeting must begin in open ses- sion with a call to order and a roll call. In order to go into closed session for a specific reason authorized under Code of Iowa Section 21.5, there must be an affirmative vote by two- thirds of the members of the body or by all those present. The minutes must record the votes of individual council members on the question of holding a closed session. In addition, the motion and minutes must state the exemption that permits a closed session. No business can be discussed during the closed session that does not directly relate to the spe- cific reason for the closed session. Upon completion of the closed session, a mo- Page 18 Iowa League of Cities 1 19 tion and vote must be taken to end the closed session and return to open session. Final action on any matter must be taken in open session un- less another Code section specifically allows such action to be taken in closed session. Q: Does a closed session have to be listed on the governing body's agenda? If a closed session is anticipated, the fact that there is to be such a session should be made known by setting forth the topic for the closed session and the fact that a closed session will be held on the agenda. However, if during an open meeting a topic comes up which may be con- sidered during a closed session and which could not reasonably have been anticipated at the time notice of the agenda was given, then it would be appropriate to proceed to closed session from the open meeting following the procedure out- lined in Code of Iowa Section 21.5. Closed Meeting Procedures and Minutes When holding a closed session, the governmental Page 19 20 1 Open Meetings, Open Government body must keep the following: -Detailed minutes of all discussion, persons present and action occurring during the closed session. -An audio recording of the entire closed ses- Sion. The minutes must be sealed and shall be kept by the governmental body for a period of at least one year from the date of the meeting. Q: Is there any situation which could re- sult in the sealed detailed minutes and the recording of a closed session becoming unsealed? If a lawsuit is brought to enforce provisions of the Iowa Opening Meetings Law relating to a closed city council session, then by an order of the court, the detailed minutes and audio record- ing must be unsealed and examined by the court in chambers without the presence of parties to the lawsuit. The court then must determine what part, if any, of the minutes shall be disclosed to the party seeking to enforce the law. [Code of Iowa Section 21.5(4)] Page 20 Iowa League of Cities 1 21 Q: If a member of a governing body is ab- sent and the governing body holds a closed session, can that member listen to the audio recording of the closed session? Yes. The member who is absent still remains a member of the governing body. The member has a right to be informed of discussion and action that occurred during his or her absence. The fact that the detailed minutes and audio recording of a closed session are not open to public inspection does not preclude a person who would other- wise have been privy to such records, except for an absence, from later listening to the audio or reviewing the minutes. Closed Meeting on Personnel Issues A frequently used reason for holding a closed meeting is to evaluate and discuss the appoint- ment, hiring, performance or discharge of an individual, when needed to prevent irreparable injury to the individual's reputation. In order to hold a closed session for this reason, the person Page 21 22 1 Open Meetings, Open Government or persons being discussed must request a closed session. Q: If a person who may request a closed session makes such a request, must the re- quest be granted? No. The law provides that a governing body may hold a closed session for certain specific purpos- es. It does not require that such a session be held. Q: Can job interviews be conducted during a closed session? Yes. However, the person being interviewed must request the closed session. Example: The city plans to hire a city administrator. The city has narrowed their list of candidates to three they plan to interview. The city may alert the candidates that they may request a closed session. If the candidate requests a closed session for the interview, the city could proceed to conduct the interview during a closed session. Page 22 Iowa League of Cities 1 23 Q: When a closed session is held to dis- cuss the competency of a specific employee whose appointment, hiring, performance or discharge is being considered, is the city required to allow the employee to attend the closed session? No. The council determines who can attend a closed session. Q: Can a closed session be held to discuss salaries in general for the upcoming year? No. There is no authority in the Iowa Open Meetings Law to discuss salaries in a closed ses- sion. Enforcement Resolving disputes and enforcing the Iowa Open Meetings Law is the responsibility of multiple entities. Alleged violations can be received by the Iowa Public Information Board (IPIB) and the Office of Ombudsman. In addition, any Page 23 24 1 Open Meetings, Open Government aggrieved person, the attorney general or the county attorney can bring a lawsuit to enforce the law in District Court. The burden is on the city to prove they complied with the law. Q: What happens if a violation of the Iowa Open Meetings Law is substantiated? The following judgments may be entered when IPIB or a court has found a violation of the open meetings law: 1. Assess each member of the governing body who simply participated in the violation an amount not less than $100 and not more than $500. For knowingly participating in the violation members must be assessed not less than $1,000 and not more than $2,500 (avail- able to IPIB and courts). 2. All costs and reasonable attorney fees will also be awarded to the party who success- fully established in court a violation of the law and will be assessed against the members found to have participated in the violation (available only to a court). 3. Void any action taken in violation of the law if the action for enforcement is brought Page 24 Iowa League of Cities 1 25 within six months of the violation and that the public interest in enforcing the policy of the Iowa Open Meetings Law outweighs the public interest in sustaining the validity of the action taken in the closed session. This action is not available to void the issuance of bonds or other evidence of indebtedness of a governmental body if a public hearing, election or public sale has been held regard- ing the bonds or evidence of indebtedness (available to IPIB and courts). 4. Issue an order removing the member from office if that member has engaged in one prior violation of the open meetings require- ments for which damages were assessed against such a member during the member's term (available to IPIB and courts). 5. In addition, the court may also issue a man- datory injunction punishable by civil con- tempt ordering the member of the governing body to refrain for one year from any future violations of the open meetings law. 6. In addition, IPIB can impose appropriate remedies calculated to declare, terminate or remediate any open meetings law violation. Page 24b 26 1 Open Meetings, Open Government Q: Can a person charged with a violation of the Iowa Open Meetings Law claim they did not know the provisions of the law? No, ignorance of the law is not a defense. Q: What are the defenses for a member of a governing body for violations of the Open Meetings Law? 1. Voting against the closed session. This dem- onstrates the importance of recording the vote of each council member. 2. Had good reason to believe and in good faith believed facts which, if true, would have in- dicated compliance with all the requirements of this chapter. 3. Reasonably relied on a court decision, formal attorney general's opinion, IPIB opinion, opinion of attorney for the governmental body given in writing or memorialized in the meeting minutes, or a written advisory opinion by the attorney general or attorney for the governmental body. Page 25 Iowa League of Cities 1 27 Q: Do members of governing bodies need to be provided with information about the Iowa Open Meetings Law? Yes. The appropriate commissioner of elections must provide this information to the elected members of governmental bodies. Also, the authority that appoints members of governing bodies must provide this information. Example. The county auditor mustprovide this infor- mation to mayors and city council memhers. Wlben city councils make appointments to hoards or commissions or to fill a vacancy on the council, they must provide this information to their appointees About the Iowa League of Cities The Iowa League of Cities serves as the unified voice of cities, providing advocacy, training and guidance to strengthen Iowa's communities. Page 26 28 ( Open Meetings, Open Government The League provides guidance. Through membership services, research, pub- lications, trainings and other collaborations, the League provides guidance and serves as the resource for member cities. The League leads a grass -roots advocacy ef- fort for local government. The League promotes excellent government, effective public policy and Home Rule among members as well as state and federal law makers. The League keeps cities informed with a constantly updated slate of workshops and publications. The League provides education and training for elected and appointed city officials through workshops, publications, the Web and personal interactions. • Monthly City cape magazine •League meekly e- newsletter • Weekly Legislative Link during the state's legis- lative session • An annual listing of New Laws related to cities Page 27 Iowa League of Cities 1 29 after each legislative session • An annual series of workshops on several dif- ferent topics • Action Calls on immediate legislative concerns at the state or federal level • Special Reports on topical issues, including Budget, Home Rule and Law Enforcement • Biennial Directory of League member cities in Iowa • Annual municipal salary survey The League is a resource for insurance and investment needs. The League consolidates common city needs enabling group purchasing power and specialized assistance. Programs created by or sponsored by the League provide cost - effective quality ser- vices to cities. The League's affiliated programs offer health, workers' compensation, liability and casualty coverage as well as a prosperous, liquid asset investment program. Other programs assist cities in developing services to better serve their citizens. Page 28 Iowa League of Cities Page 29 2 Open Records, Open Government Table of Contents Introduction........................................ ............................... 3 Questions & Answers Public Records Generally ............... ............................... 4 Right to Examine, Copy and Publish Public Records.. 6 Confidential Records ....................... .............................10 Enforcement.................................... .............................19 Iowa Fair Information Practices Act ............................21 About the Iowa League of Cities ........ .............................21 Page 30 Iowa League of Cities 1 3 Open Records The purpose of this publication is to provide general guidance on the Iowa Open Records Law, Code of Iowa Chapter 22. This law gener- ally provides that every person has the right to examine and copy public records and to dissemi- nate these records or the information contained therein. Cities often have questions about the applicability of this law to day -to -day city busi- ness. The information contained in this booklet is designed to be general in nature and does not constitute legal advice. If there are specific legal questions about open records requirements, the city should contact the city attorney. The Iowa Open Records Law favors accessibility to public records, so situations where the applicability of the law is unclear should be resolved on the side of openness. Page 31 4 Open Records, Open Government Public Records Generally The Iowa Open Records Law applies to govern- mental bodies, including city, county and state government. "Governmental body" includes any branch, department, board, bureau, commission, council, committee, official or officer of the fore- going or any employee delegated the responsibility for implementing the requirements of the Iowa Open Records Law. [Code of Iowa 22.1(1)]. Govern- ment records in the possession of persons outside of a government body, including city board and commission members, remain government re- cords, governed by the Iowa Open Records Law. Q. What are Public Records? "Public Records" include all records, documents, tapes, or other information stored or preserved in any medium, of or belonging to the govern- mental body. They also include all records relat- ing to the investment of public funds such as in- vestment policies, instructions, trading orders, or contracts, whether in the custody of the public body responsible for the public funds, a fiduciary or other third party. [Code of Iowa 22.1(3)] Page 32 Iowa League of Cities 1 5 Q. Are e-mail messages and other electronic communications public records? The definition of public records is broad enough to encompass e -mail messages and other elec- tronic correspondence. Cities are encouraged to adopt their own records retention policies and to follow them consistently. If the message remains recoverable then the city would be obliged to provide it upon request, though the requester can be charged a reasonable fee for retrieval. Cit- ies should also be cautious regarding e -mail and other forms of interactive electronic communica- lions in respect to open meetings law. [Code of Iowa 22.1(3)] Q. How long must public records be kept by a city? There is no one rule which governs all types of records and situations. Some records are required to be retained permanently while others may be subject to a shorter recommended retention schedule. Page 33 6 Open Records, Open Government The Iowa League of Cities, the Iowa Municipal Finance Officers' Association and the Office of the State Archivist have developed a Record Retention Manual for Iowa Cities. This manual, available on the League's Web site (wwwiow- aleague.org), is intended to assist officials in the management of records created and received in the conduct of city business. The manual also provides model record retention schedules. However, the advice of legal counsel should be obtained when establishing a records retention system. Right to Examine, Copy and Publish Public Records Q. Who has the right to examine, copy and publish public records? Every person has the right to examine, copy and publish public records. The examination and copying must be done under the supervision of the custodian of the public records or a person authorized by the custodian. The custodian may adopt and enforce reasonable rules to protect Page 34 Iowa League of Cities 1 7 the public records. The custodian must provide a place for this work in the custodian's office unless this is impracticable, in which event the person desiring to examine or copy must pay the necessary expenses of providing a place for the examination and copying. [Code of Iowa 22.3(1)] Q. Who is the "lawful custodian" of re- cords? The "lawful custodian" means the governmen- tal body currently in physical possession of the public record. Each governmental body must delegate to particular officials or employees the responsibility for implementing an open records policy. In many cities, the city clerk or an individ- ual in the clerk's office performs this function. In larger organizations, there may be an individual located in each department. The law requires the governmental body publicly announce the par- ticular officials or employees whom are respon- sible for implementing the open records policy. [Code of Iowa 22.1(2)] Page 35 8 1 Open Records, Open Government Q. When may public records be examined or copied? Public records may be examined or copied dur- ing the customary office hours of the custodian. If the custodian does not have customary office hours of at least 30 hours per week, the records may be examined or copied at any time from 9:00 a.m. to noon and from 1 p.m. to 4 p.m. Monday through Friday, excluding legal holidays, unless the custodian and the person seeking the records agree to a different time. This may be the case in very small cities where there are no regular office hours. [Code of Iowa 22.4] Q. Can a person be required to sign their name or state why they are requesting a pub- lic record? No. While it may be helpful to obtain additional information from those requesting records in order to fulfill an ambiguous request, it is inadvisable to deny access to records when such information is not provided. Page 36 Iowa League of Cities 1 9 Q. Can a city charge a fee to examine public records? No, the city may not charge a fee to examine a public record as long as the public record is in the physical possession of its custodian. The cus- todian may charge a reasonable fee for supervis- ing the examination and copying of records. The lawful custodian may adopt and enforce reason- able rules regarding the examination and copying of the records and the protection of the records against damage or disorganization. [Code of Iowa 22.3] Q. Can a city charge a fee to copy public records? If the custodian has copying equipment available, the custodian may charge a fee for the cost of the copying. However, the cost is limited to the actual cost directly attributable to supervising the examination, copying and providing the records. Cities are specifically prohibited from including costs such as employee benefits, depreciation, maintenance, electricity or insurance. [Code of Iowa 22.3] Page 37 10 1 Open Records, Open Government Q. Do requests have to be made in person? No, requests may be made in writing, by tele- phone or by electronic means. [Code of Iowa 22.3] Q. Can a public record be photographed? Yes, as long as the public records remain in the physical possession of its custodian. Q. Are there exceptions to the right to exam- ine and copy public records? Yes. There are two exceptions to the right to ex- amine and copy records involving databases and data processing software [Code of Iowa 22.2] and also categories of confidential records discussed below that may be protected. 1.5 Certain public records shall be kept confidential unless otherwise ordered by a court, released by the lawful custodian of the records or by another person duly authorized to release them. The Open Records Law identifies 65 specific records deemed to be confidential. The complete list Page 38 Iowa League of Cities 1 11 can be found in Section 22.7 in the Code of Iowa. Several examples include: 1. Attorney work product which is related to litigation or claims made by or against a city. [Code of Iowa 22.7(4)] 2. Peace officers' investigative reports, if part of an ongoing investigation, subject to certain exceptions. [Code of Iowa 22.7(5)] 3. Appraisals or appraisal information concern- ing the purchase of real or personal property for public purposes, prior to public announce- ment of a project. [Code of Iowa 22.7(7)] 4. Personal information in confidential person- nel records of government bodies relating to identified or identifiable individuals who are officials, officers or employees of the govern- ment bodies. However, the following informa- tion relating to such individuals contained in personnel records shall be public records: • Name and compensation, including any written agreement • Date the individual was employed by the gov- ernment body • Positions the individual holds or has held • Educational institutions attended by the indi- vidual, including diplomas and degrees earned Page 39 12 1 Open Records, Open Government • Names of previous employers, positions held and dates of employment • Any final disciplinary action taken that resulted in discharge [Code of Iowa 22.7(11)] 5. Library records which would reveal the identity of library patrons. [Code of Iowa 22.7(13)] 6. Records of owners of public bonds or obliga- tions. [Code of Iowa 22.7(17)] 7. Communications not required by law, rule, procedure, or contract made to the city or its employees by persons outside of the city government to the extent it is reasonably be- lieved that such persons would not make such communications if such communications were to become available to the public, with certain exceptions. [Code of Iowa 22.7(18)] 8. Examinations including but not limited to cog- nitive and psychological examinations for law enforcement officer candidates. [Code of Iowa 22.7(19)] 9. Data processing software developed by a gov- ernment body. [Code of Iowa 22.7(33)] 10. Information concerning security procedures or emergency preparedness information devel- oped and maintained by a government body for the protection of governmental employees, Page 40 Iowa League of Cities 1 13 visitors to the government body, persons in the care, custody or under the control of the government body, or property under the juris- diction of the government body, if disclosure could reasonably be expected to jeopardize such employees, visitors, persons or property. [Code of Iowa 22.7(50)] 11. Information in a record that would permit a governmental body to hold a closed session in order to avoid public disclosure of that infor- mation, until such time as final action is taken on the subject matter of that information. [Code of Iowa 22.7(61)] 12. Tentative, preliminary, draft, speculative or research materials prior to completion in form submitted for use or used in the actual formula- tion, recommendation, adoption or execution of any official policy or action by a public of- ficial. [Code of Iowa 22.7(65)] Note. This is not an all - inclusive list; the confidential records exception contains numerous exclusions that are not covered here. Legal counsel must be consulted ' regard to confidential public record questions. Page 41 14 1 Open Records, Open Government Q. Are settlements of legal disputes public records? Yes. When a government body reaches a final, binding written settlement agreement of a legal dispute where monetary damages or equitable relief are sought, or a violation of a rule or statue is claimed, the settlement agreement is a public record. If requested, the governing body must also prepare a brief summary of the resolution of the dispute, indicating the identity of the par- ties involved, the nature of the dispute, and the terms of the settlement, including any payments made by or on behalf of the governmental body and any actions to be taken by the government body. However, the summary need not be pre- pared if the settlement agreement includes the information required to be included in the sum- mary. Any summary is also a public record. Q: Are customer utility records open records? Iowa Code 388.9A does allow a city to exempt private customer information of a city utility or enterprise that identifies a specific customer and any record of a customer account from examina- Page 42 Iowa League of Cities 1 15 tion and copying under Chapter 22 of the Code of Iowa, the open records law. However, it is important to seek the advice of a city attorney on this issue as it depends on numerous factors. Q. Is a letter from a citizen to the city on a specific matter confidential? Generally, these records are not considered confidential. Although some communications of this nature can be confidential under Code of Iowa 22.7(18), which allows a communication to be confidential if it is not required by law, made by someone outside of government and if the dis- closure would result in people being discouraged from making such communication if they were available for general public examination. Cities have used this section to protect the identity of those registering complaints with the city. Q: Are notes or policy drafts considered open public records? Tentative, preliminary, draft, speculative or research material can remain confidential prior to its completion for the purpose for which Page 43 16 1 Open Records, Open Government it is intended and in a form prior to the form in which it is submitted for use or used in the actual formulation, recommendation, adoption or execution of any official policy or action by a public official authorized to make such decisions for the governmental body or the government body. This exception does not apply to public records that are actually submitted for use or are used in the formulation, recommendation, adoption or execution of any official policy or action of a governmental body or a government body by a public official authorized to adopt or execute official policy for the governmental body or the government body. Q. How much time does a city have to respond to a request to examine a public record? Records are required to be made available at any time during the customary office hours of the lawful custodian of the records. The law does allow the custodian a good faith reasonable delay for the following reasons: Page 44 Iowa League of Cities 1 17 - To determine whether the custodian is entitled to seek an injunction preventing examination. - To determine whether the record is a public record or a confidential record. - To determine whether a confidential record should be made available for inspection and copying. A reasonable delay for this particu- lar purpose cannot exceed twenty calendar days and ordinarily should not exceed ten business days. [Code of Iowa 22.8] Q. What options are available if the govern- mental body and a person seeking records do not agree as to whether a public record is confidential under Iowa Law? Disputes regarding public records can be received by the following entities: District Court The district court may grant an injunction to re- strain examination or copying of public records after holding a hearing upon reasonable notice as determined by the court to the persons request- ing access to the records. Before the court can Page 45 18 1 Open Records, Open Government grant the injunction, it must find that the exami- nation would clearly not be in the public interest and that it would substantially and irreparably injure any person or persons. The court must take into consideration that it is the policy of the law that free and open examination of public records is generally in the public interest. [Code of Iowa 22.8] Iowa Public Information Board (IPIB) This board can receive complaints alleging open records violations. The office can seek resolution of such complaints through informal assistance or through mediation and settlement. The board has the authority to formally investigate com- plaints and determine if there is probable cause to believe a violation has occurred. If probable cause has been found, the board also has the authority to prosecute the respondent in a con- tested case proceeding and impose penalties. The Office of Ombudsman This office serves as an independent agency to which citizens can air their grievances about state and local governments. The office can facilitate communications between citizens and govern- Page 46 Iowa League of Cities 1 19 ment and can make recommendations to im- prove administrative practices and procedures. Q. Who may bring an action for such an injunction? The lawful custodian of a government record, or another government body or person who would be aggrieved or adversely affected by the exami- nation or copying of such a record. [Code of Iowa 22.8] Enforcement Any aggrieved person, any taxpayer to or citizen of the state of Iowa, the attorney general, any county attorney or the Iowa Public Information Board can bring an action to enforce the Iowa Open Records Law. Enforcement actions would be filed against the lawful custodian of the public record and any other persons who would be ap- propriate defendants. Q. What happens if a violation of the Iowa Open Records Law is substantiated? Page 47 20 1 Open Records, Open Government The lawful records custodian and other appropri- ate persons will be ordered to comply with the Iowa Open Records Law by either a court or the Iowa Public Information Board (IPIB). Damag- es can also be assessed against the persons who participated in violating the law. The amount of damages can range from $100 to $500 for those that simply participated in violating the law and can increase to $1,000 to $2,500 for knowing violations. A court can also order payment of costs including attorney fees. Both a court and IPIB can also order the removal of a person from office if the person has been assessed dam- ages for a prior open records law violation. In addition, IPIB can impose appropriate remedies calculated to declare, terminate or remediate any open records law violation. [Code of Iowa 22. 10, 23.6 and 23.10] . Q. Can a person charged with a violation of the Iowa Open Records Law claim they did not know the provisions of the law? No. Ignorance of the law is not a defense. Page 48 Iowa League of Cities 1 21 Q. Can the Iowa Open Records Law be en- forced in other ways? Yes. The law can be enforced not only by injunc- tion but also by mandamus. Mandamus is a legal proceeding that seeks to require a governmental body to do what it is lawfully required to do. Rights under the Iowa Open Records Law may also be enforced by an action for judicial review according to the provisions of the Iowa Admin- istrative Procedure Act. [Code of Iowa 22.5 and 22.10] Iowa Fair Information Practices Act This act requires that the information policies of state agencies are clearly defined and subject to public review and comment. Q. Are cities required to adopt the policies mandated by this act? No. However, a city may choose to adopt such poli- cies. If it does choose to adopt such policies, it must follow the procedure specified in Code of Iowa 22.12. Page 49 22 1 Open Records, Open Government About the Iowa League of (,hies The Iowa League of Cities serves as the unified voice of cities, providing advocacy, training and guidance to strengthen Iowa's communities. The League provides guidance. Through membership services, research, pub- lications, trainings and other collaborations, the League provides guidance and serves as the resource for member cities. The League leads a grass -roots advocacy ef- fort for local government. The League promotes excellent government, effective public policy and Home Rule among members as well as state and federal law makers. The League keeps cities informed with a constantly updated slate of workshops and publications. The League provides education and training for elected and appointed city officials through workshops, publications, the Web and personal interactions. Page 50 Iowa League of Cities 1 23 •Monthly Cityscape magazine • League Wleekly e- newsletter • Weekly Legislative Link during the state's legisla- tive session • Annual listing of New Laws related to cities after each legislative session • Annual series of workshops on various topics • Action Calls on immediate legislative concerns at the state or federal level • Special Reports on topical issues • Biennial Directory of League member cities • Annual municipal salary survey The League is a resource for insurance and investment needs. The League consolidates common city needs enabling group purchasing power and specialized assistance. Programs created by or sponsored by the League provide cost - effective quality ser- vices to cities. The League's affiliated programs offer health, workers' compensation, liability and casualty coverage as well as a prosperous, liquid asset investment program. Other programs assist cities in developing services to better serve their citizens. Page 51 COUNCIL BIO INFORMATION (This information will be included on the City website and distributed upon request) NAME: ADDRESS: PHONE: EMAIL: (OTHER THAN IOWA- CITY.ORG) SOCIAL MEDIA: EDUCATION: FAMILY: HOBBIES: PROFESSION/WORKPLACE: HOW LONG HAVE YOU LIVED IN IOWA CITY? OTHER COMMUNITY SERVICES /ORGANIZATIONS INVOLVEMENT: No correspondence (including emails) to City Council is confidential. All correspondence (including emails) to me as a City Council member about City issues is a public record. S:Councilmembertrrmsition/b iosheet I3 /doc Page 52 City of Iowa City MEMORANDUM Date: November 20, 2013 To: City Council and Council Elect From: Eleanor M. Dilkes, City Attorney Re: Council Communications You have been provided with the League of Cities' comprehensive summary of the State's Open Records Act and Open Meetings Act. The purpose of this memo is to cover the basic principles that you need to keep in mind about how you communicate once you are a Council member, and to offer some practical advice. Basic Principles: 1. A communication between 4 or more members of the City Council (a quorum) about City business is a "meeting" under the State's Open Meetings Act and must comply with the requirements for such meetings, including advance public notice and minutes detailing the date, time, place, members present, action taken and the vote of each member. 2. A "meeting" can occur even if 4 or more members of the City Council are not physically present in the same space. You must be cautious about e-mail communications and social media conversations so as not to communicate in any manner whereby a majority of you are discussing an item at the same time. To determine whether a violation of the open meetings law has occurred, any communication would have to be examined on its own facts. Due to the instantaneous nature of such communications, however, use of e- mail and social media to communicate among yourselves is problematic. 3. While the Iowa Supreme Court has not addressed the issue specifically, in my opinion whether a record is a public record that is subject to disclosure under the State's open records law is not determined by where the record is located, but rather, by the subject matter of the record. If you are communicating about City business it does not matter whether the record is contained on your personal email or your city email. 4. Public records requests for email communications are now routine. You should assume that any conversation you have about City business that is documented (e.g. e- mail, voice mail) will be public at some time. While many of those communications will never be requested by the public any one of them could be. 5. When the City receives open records requests for emails City staff is able to conduct a search of those records that exist on the City's server. If you communicate about City business on a personal email you will be required to search your personal email for any responsive emails. To make such a search easier, you may want to maintain a separate file for City business for those emails you choose to retain. 6. You may not use City resources for personal or political purposes. Any software or hardware that is owned by the City must be used only for City business. See the attached Internet/Intranet Electronic Mail Policy that you will be required to sign in order to receive a City email address. Page 53 November 20, 2013 Page 2 7. In addition to ways in which people may communicate with an individual Council member, they also have the option of sending an email to the "Council" email address. Staff reviews these emails and will respond with information if appropriate. As with any correspondence to the entire Council, these emails and the responses thereto are included in the Council's agenda packet, accepted as correspondence by the Council, and archived by the City Clerk. If an individual Council member chooses to reply to an email sent to the entire Council, staff suggests that you provide a copy to the City Clerk for dissemination to the entire Council. For the reasons stated above you should not "reply all" or copy "Council" or all council members on your response. 8. City staff may occasionally send an email to all Council members in order to give you timely information about a subject. If you have a question you should not "reply all" but rather should reply only to the staff member or call the staff member who sent the email. 9. The penalties for violating the Open Records and Meetings Acts are significant. Money damages and attorney's fees can be assessed against individual council members. A second violation after an assessment of damages for a first violation may result in removal from office. Ignorance of the law is not a defense. Best Advice Re: Electronic Communication: Communicate in person or by phone, particularly on any issue that has the potential to be newsworthy or sensitive. Save your email use for routine matters. Attachment Page 54 City of Iowa City INTERNEVINTRANEVELECTRONIC MAIL POLICY The following represents a policy regarding access to and disclosure of activity conducted on the City's internet/intranet /electronic mail system. 1) The City owns and maintains an internet/intranet/electronic mail system hereafter referred to as "system." This system is provided by the City for the purpose of conducting City business. 2) The system hardware and software are owned by the City and as such are City property. Additionally, all messages composed, sent, or received on the system are and remain the property of the City. They are not the private property of any employee, and employees should not consider any communication via the system confidential, personal, and /or private. 3) The use of the system is for the conduct of City business. Personal business or other non -job related activities should be minimized. Supervisors may further limit or restrict personal use. 4) The system shall not be used to solicit or persuade for commercial ventures, religious or political causes, outside organizations or other non - job - related solicitations, except for items posted to the City's intranet bulletin board (bulletin board guidelines and regulations are explained at the bulletin board site). 5) The system shall not be used to send (upload) or receive (download) copyrighted materials, trade secrets, proprietary financial information, or similar materials without specific prior authorization. 6) The system shall not be used to create or retrieve any offensive or disruptive messages or files. Among those which are considered offensive are any messages or files that contain any comment that offensively addresses someone's age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex, or sexual orientation. 7) The confidentiality of any activity or message should not be assumed or expected. Deleting a message may not fully eliminate the message from the system. Further, the use of passwords for security does not guarantee confidentiality. The system automatically records information such as origin, destination, content, and amount of time used. The City Manager or designee may direct Information Services staff to monitor sites accessed. The City Manager or designee also reserves the right to access, review, and audit all messages and files created, received, or sent over the system for any purpose, even after said message or file is deleted. The contents of any electronic mail or file may be disclosed without the permission or prior notification of the employee who sent or received the message or created the file. The City is not responsible if "hackers" retrieve, and make public, employee system activity. Thus, privileged or confidential material shall not be communicated via the system due to potential monitoring. 8) Employees shall not use a code, access another employee's messages or files, or retrieve or modify any stored information, unless authorized to do so by a supervisor. All computer pass codes must be provided to supervisors upon request. I have read the Internet/Intranet/Electronic Mail Policy and agree to abide by the terms and conditions listed above. I understand the system is a privilege, not a right, and that if I violate this policy or attempt to use the system for improper purposes, I shall be subject to discipline, up to and including discharge. Employee Name (print) Employee Signature Date Page 55 Updated 11/20/13 Prepared by: Sara Greenwood Hektoen, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 07 -344 RESOLUTION REPEALING RESOLUTION NO. 84 -39, WHICH ESTABLISHED A CONSULTATION POLICY FOR THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION WHEREAS, the City of Iowa City has adopted revised zoning ordinances which contain a provision incorporating most of the language of Resolution No. 84 -39; and WHEREAS, in light of the adoption of said Zoning Ordinance 14- 0-5fl, Resolution No. 84 -39 is superceded and should be repealed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Resolution No. 84 -39 is hereby repealed. Passed and approved this iith day of npnpmbpr , 2007. MAYOR ATTEST: �� , e - haj-4ni- 2 CITY LERK App oved by City Attorney's Office It / "A -7 It was moved by Chamvion and seconded by Rai i P,E the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _x Bailey g Champion x_ Elliott g Lehman g O'Donnell _ x Vanderhoef g Wilburn Page 56 City Council Tentative Meeting Schedule Mw Subject to change November 21, 2013 CITY OF IOWA CITY Date Time Meeting Location Y L I I 1 .bl Monday, November 25, 2013 1- 7:00 PM Strategic Planning /Work Session Trueblood Lodge Saturday, January 4, 2014 8AM -5PM Spec. Formal (Organizational Mtg.) Emma J. Harvat Hall Special BUDGET Work Session Meeting (Department presentations) Monday, January 6, 2014 1:00- 7:OOPM Special BUDGET Work Session Meeting Emma J. Harvat Hall (CIP presentations) Tuesday, January 7, 2014 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, January 14, 2014 5:00 PM Special BUDGET Work Session Meeting Emma J. Harvat Hall Tuesday, January 21, 2014 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Oil Monday, January 27, 2014 4:30 PM Joint Meeting /Work Session TBA / Coralville Tuesday, February 4, 2014 5:00 PM City Conference Board Meeting Emma J. Harvat Hall Work Session Meeting 7:00 PM Formal Meeting Tuesday, February 18, 2014 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, March 4, 2014 5:00 PM City Conference Board Emma J. Harvat Hall Work Session Meeting 7:00 PM Formal Meeting Tuesday, March 25, 2014 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Page 57 Voting Requirements and Regulations (From League of Cities) City council members must have a good understanding on voting laws and what is needed to approve motions, resolutions and ordinances. In addition, council members need to know when they should abstain from voting due to a conflict of interest. These fundamental voting regulations are pivotal to operating effective council meetings and conducting proper votes. Motions, Resolutions and Ordinances To conduct business, the city council takes one of three actions: motions, resolutions or ordinances. Motions are used to handle routine business of the city at council meetings and are recorded in the minutes. Actions typically addressed by a motion include approval of the minutes, claims, licenses, permits and giving direction to city staff on a particular issue. A resolution is a statement of policy. Examples include setting council rules and procedures, setting wages and salaries and establishing investment and other financial policies. In certain cases, the passage of a resolution is required by Iowa law. An ordinance is a city law of a general or permanent nature. Ordinances cover all areas of municipal authority from setting speed limits on city streets to establishing water and sewer rates. Voting Regulations Motions require a majority vote of the quorum at the meeting to pass. For resolutions, ordinances and amendments, a majority of the total number of seats on the council must vote affirmatively for passage. All council members is defined to include any vacancy and any council member who is absent, but does not include the seat of a council member who does not vote due to a conflict of interest. Resolutions can be passed with a majority of votes at one meeting. Ordinances and amendments to ordinances must be passed by the majority at three council meetings before becoming final. However, city councils can waive the requirement to have three votes to approve an ordinance or amendment by approval of at least three - fourths of the council. In most cities, the mayor has no authority to vote on city council business. The mayor - council form of government is the most common form of government in Iowa. Under this form of government, the mayor is not a member of the council and cannot vote, with one exception. Section 372.4 of the Code of Iowa authorizes mayors in cities with an even number of council members to break a tie on motions not involving ordinances, resolutions or appointments made by the council alone. A vacancy on a five member council does not make the council have an even number — the number of seats is still five. In special charter cities operating with 10 council members, the mayor may vote to break a tie on all measures. Under the commission, council- manager -at -large and council- manager -ward forms of government, the mayor is a member of the council and can vote on all matters before the council. Conflicts of Interest The Code addresses conflicts of interest in various parts while court cases have also provided direction. When a conflict of interest exists for a council member regarding a matter before the council, that council member is required to declare the conflict, decline to vote, and should not participate in any discussion of the measure. A measure voted on is not invalid by reason of the vote of a council member with a conflict of interest, unless that vote was decisive to passage. (Section 362.6 of the Code). The vote on a measure must be computed on the basis of council members who are not disqualified by reason of a conflict of interest. Essentially, if a member of the council declares a conflict of interest and abstains from voting, the outcome of the vote is computed on the basis on the number of members who do not have a conflict of interest. (Section 380.4(2) of the Code). Page 58 Abstention Neither the Code nor any Iowa cases explicitly address the legal consequences of a failure of a council member to vote on a measure, when the abstention is not required due to a conflict of interest. While there appears to be no Code sanctioned reason for failing to vote on a measure for any reason other than a conflict of interest, there likewise is no provision in the Code by which a council member can be compelled to vote. Therefore, it cannot be said to be unlawful to fail to vote on a measure. If abstentions from voting for reasons other than conflict of interest become an issue in your community, consider the course of action taken by Iowa City. In 2000, Iowa City adopted a resolution which establishes a standing rule regarding the effect of a council member's abstention. The Iowa City rule is "that an abstention for reasons other than a conflict of interest shall be deemed a vote with the majority or, in cases of a tie vote, a vote in the affirmative." Adoption of such a rule is consistent with the majority rule of the courts, and with the underlying policy of giving effect to the failure to vote by a council member attending a council meeting. Page 59 City of Iowa Glty MEMORANDUM Date: November 19.2003 To: City Council and Council Elect From: Eleanor M. Dilkes, City Attorney Re: Types of Measures and Voting Procedure This memo will summarize the types of measures addressed by the City Council and voting procedures. 1. Motion vs. resolution vs. ordinance. Attached you will find an August 2000 article in Cityscape, a publication of the Iowa League of Cities, which discusses the differences between motions, resolutions, and ordinances. 2. General passage requirements. a. Simple majority J. Motion requires a majority of the quorum ii. Resolutions and ordinances require a majority of "members of Council" "Members of Councir' includes all members of the Council (including vacant seats and seats where the member Is absent) but does not include a seat where the Council member declines to vote by reason of a conflict of interest. A Council member's statement that he or she declines to vote by reason of a conflict of interest is conclusive. b. Ordinances require three readings. Ordinances must be voted on at three meetings unless this requirement is suspended (i.e. readings are "collapsed ") by vote of three-quarters of "members of council" c. Supermajority or extraordinary majority votes are sometimes imposed by statute (e.g., protested zoning per Iowa Code §414.5 requires three- quarters of the members of Council; Iowa Code §21.5 requires two-thirds of the members of Council or all present to dose a meeting; §380.3 requires three- quarters of the members of Council to collapse ordinance readings. d. City Council Resolution No. 00-117 dated March 21; 2000 adopts a standing rule regarding the effect of a Council members abstention when not required by a conflict. The resolution is attached and provides that an abstention for reasons other than a conflict of interest is deemed a vote with the majority or, in cases of a tie vote, a vote in the affirmative. 3. Rules of procedure. Per City Code 1 -5-6, Roberts Rules of parliamentary procedure govern sessions of the City Council in all cases where they are applicable and not inconsistent with the standing rotes of the Council. Attachment cc: Steve Atkins Date Helling Marian Karr Page 60 COUNCIL PACKET GUIDELINES - October 2011 j,Scfiedule reflects distribution week au/delines• EARLIER submissions are a/ways acre t� edl NO AGENDA (excluding Consent Calendar items), INFORMATION PACKET ITEMS OR SUPPORTIVE MATERIALS WILL BE DISTRIBUTED OR INCLUDED WITHOUT APPROVAL BY CITY MANAGER 1. Items* electronically sent to City Manager by Dept. Head. [Consent Calendar, electronic items and comments may be sent directly to the City Clerk) 2. City Manager approves and copies Dept. Head, City Clerk, Adm. Asst. & Asst. CM. 3. Department routes documents (electronic or hard copy; along with CM approval email) to CA for approval no later than noon Friday. 4. Department sends WORD item and comment to City Clerk no later than 313M Monday (to allow inclusion on draft agenda for CM & CA review Tuesday). 5. Once items are approved by CA, CA office will email "author" to pick up and deliver to City Clerk. Departments are responsible for delivering hard copy original materials+ to the City Clerk for packet by 9AM Thursday. * Includes: Memo Ordinance /resolution (w /setting of public hearings) Agreement/contract Item and comment + includes CA approval, and initials on memo Reminders: • All memos should be addressed to the City Manager, on City memo paper, and in City format form (attached) • Numbered Pages • One -sided • Font size 10 point or above • Font type easy to read (Times New Roman, Courier New, Univers, Arial recommended) DO NOT USE shading (even in blank areas) -- instead use underlines, strikeouts, bolding, italics, or asterisks in the margin to signify special text. • All documents should print to 81/2"x 11 • Include agenda date in subject line • DO NOT leave in Internal mailbox NOTE: All items submitted are permanently retained and archived per State Code requirements. DOCUMENT DISTRIBUTION TO COUNCIL Bound Reports and Booklets: Provide electronic version to the City Clerk by 5PM on Monday for inclusion in Council Thursday's. packet. Large documents, used repeatedly by Council such as the budget, should be printed and provided to the City Clerk for distribution to Council. A "Hard Copy to Council and available on the City website" notation will be included in the agenda /information packet. Provide 15 (T for Council, UISG Rep., CA, CM, ACM, Public Works and 3 for PCD) copies to the City Clerk by noon Thursday. W/ clerk /CounciiPacketGuidelines- 2611 .-doc Page 61 _rr - CITY OF IOWA CITY Ilt MEMORANDUM Date: March 22, 2011 To: City Manager From: Department Director Re: Subject — Agenda or Information Packet Date Introduction: History/background: Discussion of Solution: include options, alternatives, costs, factual data Recommendation: Page 62 Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5041 RESOLUTION NO. 12 -375 RESOLUTION REPEALING RES. 12 -156 AND AMENDING THE POLICY FOR DISTRIBUTION OF ELECTRONIC PACKETS; COUNCIL MEMBER USE OF CITY IPAD, AND REIMBURSEMENT FOR THE EXPENSE OF PURCHASING PERSONAL EQUIPMENT TO ACCESS ELECTRONIC PACKET; PROCEDURES FOR E -MAIL CORRESPONDENCE AND DISTRIBUTION OF WEEKLY ELECTRONIC COUNCIL PACKETS; AND REMOVING THE STIPEND FOR SUPPLIES AND ESTABLISHING A POLICY FOR ELIGIBILITY FOR REIMBURSEMENT ONCE EVERY FOUR YEARS. WHEREAS, the City Council of Iowa City established a policy discontinuing hard copy weekly packets effective June 1, 2012 and thereafter providing for the distribution of electronic weekly Council packets only; and WHEREAS, the City Council of Iowa City provided for the use by individual Council Members of a City owned iPad or the reimbursement of the expense of purchasing equipment to provide access to weekly electronic council packets; and WHEREAS, reimbursement to Council members for the expense of purchasing equipment to provide access to weekly electronic packets allows the Council members to more efficiently and effectively fulfill their duties as elected officials and is thereby in the public interest; and WHEREAS, Council members serve four year terms, and therefore, shall be eligible for such reimbursement once every four years; and WHEREAS, the City Council of Iowa City removed the stipend for supplies and dedicated phone costs associated with accessing electronic packets and /or e-mail via the City address. NOW, THEREFORE, the attached policy is established for electronic delivery of weekly packets and E -Mail policy. Passed and approved this 21st day of August _'20 12 ATTEST: _�Q.G?/ CIT"I -C ERK clerk /reskouncil- epolicyldoc Page 63 Resolution No. 12 -375 Page 2 It was moved by Champion and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: g Champion g Dickens x Dobyns x Hayek x Mims 3_ Payne g Throgmorton Page 64 COUNCIL POLICY REGARDING ELECTRONIC ACCESS TO CITY INFORMATION INCLUDING WEEKLY PACKETS AND E -MAIL August 2012 1. Effective June 1, 2012 Council Members shall receive the weekly Council packet electronically. 2. Council Members may request a City -owned iPad for accessing the weekly packet or for use for other City business. The iPad will be returned at the end of individual Council Member terms. 3. Council Members may also choose to use personal equipment for accessing their weekly packet electronically, and may request a reimbursement of not to exceed $600 for purchase of the equipment, and provide receipts for that reimbursement. Council Members are eligible for reimbursement once every four years. 4. City IT staff will not service personal home computers or printers. Internet service (whether on dedicated phone line, Cable Modem, or DSL) is an agreement between the Council Member and service provider. Contracting for installation and monthly recurring charges is the responsibility of the Council Member. 5. The City will provide individual City Council Member e-mail addresses to the public. 6. Council Members should advise constituents communicating via e-mail that the correspondence could be public information. 7. The City will distribute e-mail correspondence addressed to "Council' in the next Council packet, or provide as late handout if the item(s) is scheduled for Council discussion. Staff will not receive any copies of a -mails sent to individual Council Members unless "Council' was indicated by the sender or provided by a Council Member. 8. Council Members are advised to confine their City related business to the City e-mail address and not a personal e-mail address. If a personal e-mail address is used for City business a -mails regarding City matters may be subject to open records requests. For those e -mails a Council Member chooses to retain, it is recommended that a separate file (either electronic or hard copy) be kept for City business. clerk/res /council- epolicy1doc Page 65 Spouses and relatives of City Council Members and members of comparable County Boards and Commissions are not eligible for appointment to City Boards and Commissions. This includes: spouse, child, mother, father, mother- in- law, father- in- law, brother, sister, brother- in- law, sister- in- law, step- father, step- mother, step - child, aunt, or uncle. (Resolution 85 -354) Males: 2 Females: 4 Council Announcement Date: Sept. 17, 2013 Application Deadline: Wednesday, 5:00 p.m., November 6, 2013 Council Appointment Date: November 12, 2013 After 12/17/2013 (3 mo from the announcement date) Council may appoint any qualified applicant without regard to gender. PARKS AND RECREATION COMMISSION Three Vacancies — Four -Year Terms January 1, 2014 — January 1, 2018 Term expires for John Westefeld, Clayton Claussen (Chair) and Allison Gnade Gender Balance Requirement: 2 Males (M) Clayton "Clay" M. Claussen IRI(Currently serving first 4 year term) 2145 Palmer Circle (M) Larry Brown O 956 Scott Park Drive (F) Katherine Jones 0 714 E. Davenport St. 0 Denotes applicant completed the confidential page of the application. Page 66 CITY OF IOWA CITY COMMUNICATIONS POLICY GENERAL COMMUNICATIONS POLICY City of Iowa City communications equipment and services are owned and /or provided by the City for conducting legitimate City business. As such, City communications equipment and services are not to be used for non - business, personal, or private purposes, except as otherwise provided herein. Further, all communications made through the use of City equipment and services are City property and subject to review, audit, interception, and disclosure by the City without permission of any individual employee. Thus, employees should not consider any communications via City equipment and /or services confidential, personal, and /or private. In addition, wireless communications are subject to outside monitoring and interception; confidential, privileged, sensitive, or personal material should not be discussed or communicated via wireless service. The misuse of any communications equipment or service in violation of these policies is prohibited, and any employee who violates these policies, attempts to use, or uses City communications equipment or services for improper purposes shall be subject to discipline, up to and including discharge. Department Directors are responsible for: 1. Determining the type of communications equipment (i.e. radio, pager, cell phone) is needed to conduct City business. 2. Determining which communication service and social media outlets will be most effective to meet that department's goals and objectives. 3. Administering any social media outlet utilized or designating an employee or employees to do so. 4. Periodically analyzing usage to determine if any changes in communications equipment and /or services are appropriate. 5. Review monthly call detail for long distance and wireless communications for excessive or improper use, 6. Allow for limited use of such communication equipment for non - business, personal, or private purposes where such use will not and does not interfere with the performance of an employee's job duties. LONG DISTANCE PHONE SERVICE The City's long distance service is provided for official City business ONLY. If a personal long distance call is necessary, the employee should use a personal calling card, call collect, or bill the call to the home phone number. Collect long distance calls will NOT be accepted unless clearly dealing with official business. WIRELESS COMMUNICATION Employees who believe wireless communications equipment and service (such as a cell phone) is necessary to perform his or her job functions may make a request for such to his or her Department Page 67 N Director. The Department Director will determine whether and which communications equipment is necessary and appropriate for that employee's use. The Department Director reserves the right to review the use of such equipment and withdraw authorization for such at any time he or she deems the equipment is no longer necessary or appropriate. If it is determined by the Department Director that wireless communications equipment is necessary for an employee, the Director may authorize one of the two options detailed below, or a combination thereof: Option 1: City- Provided System • The City provides and maintains the equipment, selects and administers the service plan, and receives and pays the invoice. • City cell phones are not to be used for personal business. . . . -° «„ Option 2: Allowance System • The City provides to the employee a $25 monthly allowance to assist the employes in purchasing his or her own wireless communications plan.and phone. (This is a taxable benefit.) • The employee is to purchase his or her own plan and phone. • The employee is responsible for maintenance and/or loss of the phone and for payment of invoices. • There is no restriction of calls and no City audit of charges. However, if there is a performance issue or concern of illegal activity arising out of use of the equipment during work hours, the City reserves the right to review personal cell phone statements. In some situations, personal cell phone records may be considered public record and may be subject to public disclosure. .. . . - - -- :... a..... ..6-11 non AAi e HIGH SPEED INTERNET ACCESS REIMBURSEMENT POLICY City employees may be required by their supervisors to carry out work assignments that justify high speed Internet service from home. The City may reimburse employees a maximum of $45 per month for such service according to the following terms and conditions: • High -speed Internet access must be necessary to meet regularly- assigned responsibilities, as determined by the employee's supervisor, in consultation with ITS staff, and subject to approval by the City Manager. The convenience of home access or the occasional need for high -speed access alone is insufficient justification for the City to reimburse employees for high -speed Internet access. • Upon the Department Director's receipt of an employee request for such reimbursement and upon the expiration of a previously- approved request for such, the Department Director or designee shall make a request to the City Manager. That request shall include a statement of the assigned work responsibilities that clearly demonstrate the necessity of high speed Internet home access and specify the budget source to be charged for reimbursement. The City Manager will only approve such requests where the funds to support such access are available. Such approved requests are valid for up to two (2) years from the date of the approval. • Service installation costs will not be reimbursed unless approval is obtained prior to installation. • Employee selects the high -speed Internet access provider of his/her choice. The City will not act as an agent for the employee during interactions with the provider. Employee assumes responsibility for all contacts with provider. • This is a taxable benefit to employees. Taxes and other fees are the responsibility of the Employee. Page 68 3 • The Department Director shall review such reimbursement authorization upon the expiration of the City Manager approval or at such time that the employee's job description or responsibilities change. • Employee's eligibility for reimbursement ceases with separation from the City. SOCIAL MEDIA POLICY Purpose This policy sets forth guidelines for the establishment and use by the City of Iowa City of social media sites as a means of conveying City of Iowa City information to the public. The intended purpose behind the use of City of Iowa City social media sites is to disseminate information from the City, about the City, to the public in a civil and unbiased manner. The City of Iowa City has an overriding interest and expectation in deciding what is "spoken" on behalf of the City on City social media sites. For the purposes of this policy, social media means any facility for online publication and commentary, including without limitation blogs, wiki's, content hosting sites such as Flickr and YouTube, and social networking sites such as Facebook, Linkedin, and Twitter. This policy is in addition to and complements any existing or future City of Iowa City policies regarding the use of technology, computers, smart phones, e-mail and the internet. General Policy 1. The establishment and use by any City department of City social media sites are subject to approval by the City Manager or his /her designees. All City of Iowa City social media sites shall be administered by the Department Director or his/her designees. 2. City social media sites shall make clear that they are maintained by the City of Iowa City and that they follow the City of Iowa City Communications Policy. The City logo or branding shall be used on all social media accounts to confirm authenticity of the site. City social media accounts will only join a group or become a fan of a page if it is related to official City business, services, and events. 3. Wherever possible, City social media sites should link back to the official City of Iowa City website for forms, documents, online services and other information necessary to conduct business with the City of Iowa City. 4. The Department Director or his /her designees will monitor content on City social media sites to ensure adherence to both the City of Iowa City Communications Policy and the interest and goals of the City of Iowa City. 5. Users of all City social media shall adhere to applicable federal, state and local laws, regulations and policies. 6. The City reserves the right to restrict or remove any content that is deemed in violation of the City of Iowa City Communications Policy or any applicable law. Any content removed based on these guidelines must be retained by the Department Director or his/her designees for a reasonable period of time, including the time, date and identity of the poster, when available. 7. The City of Iowa City's website at http: / /www.icgov.org will remain the City's primary and predominant Internet presence. 8. Freedom of Information Act and e- discovery laws and policies apply to social media content and therefore content must be able to be managed, stored and retrieved to comply with these laws. 9. City of Iowa City social media sites are subject to State of Iowa public records laws. Any content maintained in a social media format that is related to City business, including a list of subscribers Page 69 4 and posted communication, is a public record. The Department maintaining the site is responsible for responding completely and accurately to any public records request for public records on social media. Content related to City business shall be maintained in an accessible format pursuant to City policy and practice so that it can be produced in response to a request, Wherever possible, such sites shall clearly indicate that any articles and any other content posted or submitted for posting are subject to public disclosure. 10. Employees representing the City of Iowa City via social media accounts must conduct themselves at all times as representative of the City of Iowa City. Employees that fail to conduct themselves in an appropriate manner shall be subject to the Disciplinary Action Procedures outlined in the Personnel Policy Manual. Comment Policy 1. A comment posted by a member of the public on any City of Iowa City social media site is the opinion of the commentator or poster only, and publication of a comment does not imply endorsement of, or agreement by, the City of Iowa City, nor do such comments necessarily reflect the opinions or policies of the City of Iowa City. 2. Comments containing any of the following inappropriate forms of content shall not be permitted on City of Iowa City social media sites and are subject to removal and /or restriction by the Department Director or his /her designees: a. Comments not related to the original topic; b. Content that promotes, fosters or perpetuates discrimination on the basis of race, creed, color, sex, national origin, religion, age, sexual orientation, gender identity, marital status or mental or physical disability; c. Defamatory or personal attacks; d. Threats to any person or organization; e. Comments in support of, or in opposition to, any political campaigns or ballot measures; f. Solicitation of commerce, including but not limited to advertising of any business or product for sale; g. Conduct in violation of any federal, state or local law; h. Encouragement of illegal activity; i. Information that may tend to compromise the safety or security of the public or public systems; or j. Content that violates a legal ownership interest, such as a copyright, of any party. 3. The City of Iowa City reserves the right to deny access to City of Iowa City social media sites for any individual who violates the City of Iowa City Communications Policy, at any time and without prior notice. The City reserves the right to restrict or remove any content that is deemed in violation of this social media policy or any applicable law. 4. The following verbiage can be used to warn individuals about their content: "Your recent post is in violation of the City of Iowa City Communications Policy. Please refrain from posting inappropriate content in the future. If you do not refrain from posting such content, we will block you from this forum. Thank you for understanding." 5. Departments shall monitor their social media sites for comments requesting responses from the City and for usage in violation of this policy. 6. Department Directors or their designees, shall determine how employees must identify themselves when participating in the social media forum. 7. These guidelines must be displayed to users or made available by hyperlink. Page 70 Rev. 02/03 Rev. 02106 Rev. 08/09 Rev. 04111 APPRO D BY: Thomas M. Markus, City Manager Date Page 71 ATTORNEY ASSIGNMENTS (Effective May 10, 2011) Eleanor Dilkes City Attorney Supervision of and Consultation on all matters as necessary City Council City Manager /Assistant City Manager City Clerk Sarah Holecek First Assistant City Attorney City Council, City Manager, City Clerk Board of Adjustment Parks & Recreation Planning Dept. (including Transportation Planning but excluding Community Development and JCCOG Human Services) PCRB Police Department Personnel /Civil Service /Pension Litigation as assigned Susan Dulek, Assistant City Attorne Community Development and JCCOG Human Services Housing & Inspection Services /Code enforcement Public Housing Authority Cable and Cable Commission Human Rights Commission Airport Animal Control Senior Center Property Acquisition as assigned Litigation as assigned Eric Goers, Assistant City Attorney Finance Department Library Fire Department Parking & Transit Cemetery City Assessor/Tax Assessment Appeals Magistrate's Court (1/2) Property Acquisition as assigned Litigation a§ assigned Sara Greenwood- Hektoen, Assistant City Attorney Planning & Zoning Commission /Planning Dept (including JCCOG Transportation Planning but excluding Community Development and JCCOG Human Services) Property Acquisition as assigned Public Works and Engineering Magistrate's Court (1/2) Litigation as assigned Page 72 RESOLUTION NO. 83 -223 RESOLUTION ADOPTING A POLICY REGARDING SERVICE BY CITY COUNCIL MEMBERS ON THE GOVERNING BOARD OF ANY AGENCY FUNDED BY THE CITY OF IOWA CITY. WHEREAS, the City Council is often requested to appoint a representative Council member to serve on the governing board of various local organizations, service agencies, and similar bodies; and WHEREAS, the City of Iowa City annually allocates funding to assist in the operation of such agencies; and WHEREAS, it normally occurs that the various agencies requesting funding must compete for a share of limited available financial resources; and WHEREAS, such funding is allocated by decision of the City Council as a result of a direct voting process; and WHEREAS, it is in the best interest of the City Council and all citizens of Iowa City that Council members remain unbiased in their decision-making processes and avoid situations which might foster such bias. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that it shall be the policy of the City Council that no Council member shall be appointed by the City Council to serve as a member of the governing board of any human service agency which is funded by the City of Iowa City or which agency anticipates requesting such funding. It was moved by Lynch and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _x Balmer Dickson Erdahl ' g Lynch X McDonald g Neuhauser X Perret Passed and approved this 5th day of July 1983- ATTEST:�a.�� CITY CLERK �"�{ iltp !raga! �sz�aaytr►yent Page 73 Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 00 -117_ RESOLUTION ADOPTING A STANDING RULE REGARDING THE EFFECT OF A COUNCIL MEMBER'S ABSTENTION WHEN NOT REQUIRED BY A CONFLICT OF INTEREST. WHEREAS, pursuant to Section 380.4 of the State Code, In the absence of a conflict of interest a Council member who abstains is included for purposes of determining whether a measure has passed; and WHEREAS, legal significance or effect must be given to a Council Member's abstention when the abstention is not required by a conflict of interest in order to prevent frustration or abuse of the legislative process; and WHEREAS, in order to assure that a Council Member must vote "no" in order to defeat a measure and may not do so by inaction, the City Council desires to adopt a standing rule that abstentions not due to a stated conflict of interest shall be deemed to be a vote with the majority or, in cases of a tie vote, a vote in the affirmative. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council of the City of Iowa City hereby adopts a standing rule that an abstention for reasons other than a conflict of interest shall be deemed a vote with the majority or, in cases of a tie vote, a vote in the affirmative. For purposes of this rule, the statement of a Council Member that the Council Member declines to vote by reason of a conflict of interest is conclusive. Passed and approved this 21st day of March , 20_0_L—. _. fr . ATTEST- CITY-CLERK Eleanoftslabstenl.doc p roved b , City Attorney's Office Page 74 Resolution No. 00 -117 Page 2 It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner `—� Lehman Y O'Donnell x X Vanderhoef X Wilburn Page 75 Prepared by: Marian K. Karr, City Clerk, 410 East Washington St., Iowa City, IA 52240 (319) 356 -5041 RESOLUTION 02 -243 RESOLUTION REPEALING A RESOLUTION PASSED JUNE 15, 1965, ESTABLISHING A PROCEDURE FOR CALLING OP A SPECIAL MEETING AND ADOPTING A NEW RESOLUTION ESTABLISHING PROCEDURE FOR CALLING OF A SPECIAL COUNCIL MEETING WHEREAS, City Ordinance No. 2342, codified as City Code Section 1 -5 -5, provides that the procedure for the calling of a special meeting shall be set by resolution, and WHEREAS, the City Council expanded from five (5) members to seven (7) members in 1973; and WHEREAS, it is in the interest of the City of Iowa City that the City Council establish a procedure for the calling of a special meeting. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF I OWA CITY, IOWA THAT: 1. Said resolution of June 15, 1965 is hereby repealed. 2. Special meetings of the City Council of the City of Iowa City, Iowa may be called by the Mayor or three (3) Council Members. 3. Notice of the calling of a special Council meeting shall be in writing and shall include the time and place of said meeting, the business to be conducted at said meeting, and the person or persons calling said meeting. 4. Notice shall be served on each Council Member at least twenty -four (24) hours prior to the time of said meeting by delivering a copy thereof to the Council Member in person or to the Council Member's place of residence as shown by the records of the City Clerk. City Clerk in consultation with the City Attorney will document service and make record of the same. 5. Provisions for the call, notice, or time of service may be waived if the entire Council shall consent in writing thereto. 6. Provisions of the method of service may be waived by the individual Council Member affected thereby. Passed and approved this 2nd day of July, 2002. Passed and approved this 2 day of July , 20_02 _ 4A�YOR ATTEST: y CITY-CLERK ClerWreslspecial meeting.doc A oved by C7 1y Attomey's Office Page 76 Resolution No. 02 -243 Page 2 It was moved by 0' Donnel 1 adopted, and upon roll call there were: AYES: X X X X X and seconded by NAYS: Vanderhoef ABSENT: the Resolution be Champion X Kanner Lehman O'Donnell X Pfab Vanderhoef Wilburn Page 77 !; 1 ° # Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240 319/356 -5030 RESOLUTION NO. 13 -81 RESOLUTION REPEALING RESOLUTION NO. 00 -102 OF THE CITY COUNCIL OF THE CITY OF IOWA CITY AND APPROVING A NEW RESOLUTION SETTING THE ORDER OF BUSINESS' FOR FORMAL COUNCIL MEETINGS. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that said Council does hereby repeal Resolution No. 00 -102 and, in its place, establishes the rules for Order of Business and the content of the Consent Calendar at formal meetings as follows: A. Order of Business The business of the City Council shall be taken up for consideration in substantially the following order, except as otherwise ordered by the Mayor or City Council 1. Roll Call 2. Mayor's Proclamations 3. Consent Calendar 4. Community Comment (until 8:00 p.m.) 5. Planning and Zoning Matters: hearings, recommendations, ordinances and resolutions, with the exception of setting public hearings which shall be on the Consent Calendar 6. Other Public Hearings 7. Other Ordinances 8. Other Resolutions 9. Community Comment (continued if necessary) 10. Council Business 11. City Manager, City Attorney, and City Clerk Business 12. Adjournment B. Content of Consent Calendar Those items on the Agenda which are considered routine will be listed under the Consent Calendar and be enacted by one motion, with a roll call vote. If the Mayor, a Council member or a citizen specifically requests that any of the items be considered separately, these items will be removed and considered later on the Agenda. Passed and approved this 19th day of March , 2013 ATTEST: k4.A.A CITY "CLERK MAYOR A r ved by City Attorney's Office ! 3 �3 Page 78 Resolution No. 13 -81 Page 2 It was moved by Mims and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: �- Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton Page 79 IOWA CITY STRATEGIC PLANNING WORK SESSION - IP4 COUNCIL - 2013 ATTACHMENT A Demonstrating ommitment to Social Economic Justice and Long--Term Sustainability: A New Strategic Plan Initiative Overview I presume the Council will reaffirm most if not all of the Strategic Focus Areas and goals /priorities. They need to be supplemented by at least one major initiative that will demonstrate to the general public of Iowa City that its city government is committed to social /economic justice and to long -term sustainability. Such an initiative would unambiguously use city tax dollars and /or tax incentives to benefit lower- income people directly while also addressing the local challenge of mitigating and adapting to global climate change: that is, the initiative would simultaneously: • Stimulate small business formation /expansion, • Reward creativity, • Provide young lower- income adults with good jobs (and pathways to better jobs), • Enhance social cohesion by weaving new residents (especially Latinos, lower- income African - Americans, and other immigrants) into the fabric of the local community, and • Help IC businesses and residences dramatically reduce their carbon emissions. Specific Proposal The City would invite proposals or preliminary business plans from small locally - owned businesses, Co -Ops, and start-ups. These proposals /plans could focus on urban agriculture, innovative transportation systems, greener and more efficient health care, energy - efficient affordable housing and neighborhood design, enhanced energy- efficiency of rental housing, and many other potential areas. The City would pay for these proposals, identify the best, and use G. 0. -bond funds to provide financial assistance to them, with the winning proposals being chosen in terms of how well they accomplish the set of objectives highlighted above. The program would be relatively modest in the first couple years, but also be designed for scaling up over succeeding years if it proves successful. Complementary /Supportive Actions Related supportive actions should include (1) offering tax incentives (e.g., Tax Increment Financing) only to firms that commit to achieving high degrees of energy efficiency and (for mixed use projects) incorporating a defined percentage of affordable residential units; and (2) requiring all new multiunit apartment /condominium structures constructed in core neighborhoods to achieve high levels of energy efficiency; e.g, at least 60 percent energy savings beyond what's currently required by city code. IOWA CITY STRATEGIC PLANNING WORK SESSION - COUNCIL - 2013 Additional actions might include (3a) responding to the "split incentives" problem in rental housing by requiring landlords to disclose energy efficiency levels to renters at lease signing, and by having the City create a revolving loan fund to help landlords finance energy efficiency upgrades, and (3b) adopting a Property -tax Assessed Clean Energy (PACE) program, or (in cooperation with MidAmerican) "on -bill financed" retrofits, so that lower- income homeowners can accomplish energy - efficient retrofits at no upfront cost. Potential Partners Potential partners include: the Iowa City Area Development Group, the Iowa City Area Chamber of Commerce, the Center for Worker Justice, the Coalition for Racial Justice, Kirkwood Community College, the Iowa Policy Project, the Regional Workforce Investment Board, Think Bicycles, DesignIC, and individuals who already have strong connections with target communities. � zq-k ANN ON CITY OF IOWA CITY MEMORANDUM Date: November 19, 2013 To: Mayor and City Council OL- Re: From: Marian K. Karr, City Clerk KXIC Radio Show At your November 12 work session meeting Council Members agreed to the following schedule: November 20 — Throgmorton November 27 — Dobyns December 4 — Mims December 11 — Hayek December 18 — Champion December 25 — Holiday Future commitments: January 29 — Dobyns March 19 - Dobyns April 30 - Dobyns June 18 - Dobyns U: rad ioshowappts.doc From: HumanRights Sent: Wednesday, November 20, 2013 3:39 PM To: Marian Karr; Tom Markus Subject: Recommendation Attachments: 20130723tu- racial- equity - report.pdf; Comparison of Survey Respondents with Census.pdf; 1 -15 -2013 Human Rights Commission.pdf; Memo for DC.PDF Dear Mayor Hayek and City Council Members, At the Human Rights Commission meeting held on November 19, 2013, the Commission made the following recommendation to the City Council. Because draft or approved minutes will not be completed prior to the scheduled Council Strategic Planning Meeting of November 25, 2013, the Commission selected to email this recommendation. Recommendation The Iowa City Human Rights Commission finds the City of Iowa City Citizen's Survey 2013 to be of questionable validity and in need of inclusion of all community constituents. The Commission recommends the Council not use it all. If used, it should not be used as the sole input for guiding strategic planning. The Commission encourages the Council to rely upon other types of documents that members of the community have brought forth such as the Ad Hoc Diversity Recommendations, the Racial Equity in Iowa City and Johnson County Report of the Iowa City Coalition for Racial Justice and the Immigrant Voices Project Materials. Attachments: Racial Equity in Iowa City and Johnson County (July 2013) Comparisons of the Iowa City Citizen's Survey 2013 Respondents with U.S. Census demographics (November 12, 2013) Recommendations made by the Human Rights Commission to the Council (December 2012 /January 2013) Memo on Law Enforcement and Transportation Related Concerns in Iowa City (January 8, 2013) Sincerely, Iowa City Human Rights Commission lacial Equity in Iowa and Johnson County Contact the Coalition for Racial Justice at coalition.racialjustice @ gmail.com. Use this e-mail address to: Find out more about the coalition or this report Schedule a presentation about racial equity and /or request a racial equity toolkit for your group or organization Be included in the Community Racial Justice Mailing List, which provides information about local racial justice efforts and events Visit the Coalition's website: http : / /racialousticecoalition.com or Facebook page: www.facebook.com/RaciaIJusticeCoalition Contributors to the Racial Equity Report Project: Charles Connerly, Charlie Eastham, Karen Fox, Sue Freeman, Robert (Ted) Gutsche, Medora Kealy, LaTasha Massey, Derek Maurer, Carrie Z. Norton, Valerie Nyberg, Kira Pasquesi, Royceann Porter, Christine Scheetz, Kelli Schneider, Megan Schwalm, Circe Stumbo, Rod Sullivan, Jim Throgmorton, Annie Tucker, Dorothy Whiston, Danny Woods - Milligan About The Coalition: In June 2010, the Consultation of Religious Communities (CRC) of Johnson County established a community task force on Race, Poverty and Public Safety in response to numerous reports received by its affiliated religious leaders about problems faced by African Americans in Iowa City. The group reorganized in Spring 2012 and changed its name to The Coalition for Racial Justice to serve as a broader community coalition. The Coalition is committed to joining together to promote racial justice through action, education and empowerment. The Coalition has organized several actions toward achieving racial equity since its inception, including co- sponsoring the "Iowa City Million Hoodie March" on March 26, 2012 A Report of The Coalition for Racial Justice - July 23, 2013 Racial Equity in Iowa City and Johnson County The Iowa City /Johnson County area rightly boasts of being a vibrant community that offers a high quality of life. But there is also growing concern about whether everyone has equal access to the rich opportunities our community offers. Most notably, as the racial and ethnic demographics of Iowa City /Johnson County change, many question whether we are becoming a more inclusive community or whether we are, in fact, becoming a "tale of two cities" in which residents fare very differently depending on their race and ethnicity. This Report presents data, broken down by race /ethnicity, on education, juvenile justice, adult criminal justice, economic well- being, housing, and representation in community leadership. To create the Report, we gathered existing data from multiple sources to take a statistical snapshot of families and youth in our community. We chose these areas of focus because of the roles they play in shaping individuals' opportunities and well- being. This Report does not attempt to provide ready explanations for why racial disparities exist, nor do we believe that eliminating disparities will happen overnight. But we do believe the Report can help members of the community better understand the extent of racial disparities and that it can provide benchmarks to assist us in measuring community progress toward racial equity. As the Annie E. Casey Foundation's "Race Matters" toolkit explains, "It is easier to change what we measure rather than what we don't." We hope the Report fosters dialogue among residents, elected leaders and other local officials, and community organizations. Our goal is for people of all races and from all sectors to work together to create a community that is a model for achieving racial equity and inclusion. What We Learned • Significant and troubling racial disparities exist in our community in education, juvenile justice, adult criminal justice, economic well- being, housing, and representation in community leadership. The report reveals that children and adults in the greater Iowa City area experience different opportunities and quality of life depending on the color of their skin or ethnic background. How We Can Move Forward Together Convene a Racial Justice Roundtable of people from key sectors to address racial disparities in our community. Implement Racial Equity Impact Assessment tools used by other communities to assess programs, policies, practices and budgets, and formulate concrete strategies to eliminate any inequities based on race or ethnic background in public policy and organizational practices. • Honor the leadership of people of color and work to increase their civic participation in public commissions, boards, and meetings. Engage people of color in forging solutions to issues that disproportionately affect them. • Assure access to local funding opportunities, community awards, and leadership development opportunities for organizations led by people of color. Who Should Use This Report ➢ Community members interested in racial justice ➢ Elected and appointed municipal, county, and school district leaders and staff ➢ Teachers, school administrators and staff ➢ Law enforcement agencies, court, and justice system leaders and staff ➢ Human service agencies, organizations and personnel ➢ People who use or administer public assistance programs ➢ Professionals involved in housing, planning, and economic development ➢ Members of the business and labor communities ➢ News and media organizations ➢ Faith organizations How to Use This Report The Report provides quick access to data showing racial disparities in key aspects of community health and offers suggestions for moving forward to change the disparities. It is organized into sections for easy reference. Find these sections in the following order: • Changing demographics, racial equity, and a model for addressing inequities • What we learned and how we can move forward together ➢ Racial disparities in K -12 education ➢ Racial disparities in juvenile justice ➢ Racial disparities in adult criminal justice ➢ Racial disparities in employment and business ownership ➢ Racial disparities in housing ➢ Racial disparities in community leadership • Index of sources cited in this report • Further reading Changing Demographics, Racial Equity, and Models for Addressing Inequities Changing Demographics Johnson County is becoming more racially and ethnically diverse. The 2010 Census found that 17 percent of Johnson County's population was comprised of people of color, up from 11 percent in 2000. Coralville is the most racially diverse municipality: 23.5 percent of Coralville residents were people of color in 2010, compared with 14.6 percent in 2000. People of color comprised 20.3 percent of Iowa City residents in 2010, compared with 14.2 percent in 2000. And 12 percent of North Liberty's population were people of color in 2010, compared with 5.9 percent in 2000. Young people show greater racial /ethnic diversity than older residents. Twenty percent of the county's population is under the age of 18. People of color make up 26 percent of the under -18 population and 15 percent of the over -18 group (U.S. Census, 2010). Students of color made up nearly one -third (32.86 percent) of students enrolled in the Iowa City Community School District in 2010 -11. [ICCSD EEO and AA Plan Update, 2011] Johnson County Population by Race)Ethnicity (30101 Johnson County Population by RacelEthnicity —Under 16 110101 Racial Equity Much of this report focuses on the notion of racial equity. But what does that mean? The Minneapolis Foundation defines racial equity as a condition where "race and ethnicity no longer adversely shape an individual's or group's experience with power, access to opportunity, treatment and outcomes." A Racial Equity approach uses data to assess how different groups are faring in a community and to evaluate the success of programs designed to improve those conditions. So in a community that is not only racially diverse but also racially equitable the data would show that: Students of all races would graduate from high school at the same rate; they would be represented in AP classes, be suspended, and participate in extracurricular programs at the same rates, etc. People of all races would have equal access to employment and housing opportunities. Say A,7t k..Cc•...x Ahiw 6L•cUAFnr CAwK#ji4n AmedCpn Hispsnim LMin4 ?%SLI?Pp fic 19L3nd4+ N ili c'.sl . Racial Equity Much of this report focuses on the notion of racial equity. But what does that mean? The Minneapolis Foundation defines racial equity as a condition where "race and ethnicity no longer adversely shape an individual's or group's experience with power, access to opportunity, treatment and outcomes." A Racial Equity approach uses data to assess how different groups are faring in a community and to evaluate the success of programs designed to improve those conditions. So in a community that is not only racially diverse but also racially equitable the data would show that: Students of all races would graduate from high school at the same rate; they would be represented in AP classes, be suspended, and participate in extracurricular programs at the same rates, etc. People of all races would have equal access to employment and housing opportunities. • People of all races would be arrested, charged, convicted, and incarcerated at the same rates. • One's racial identity would no longer predict, in a statistical sense, how a person fares. [Center for Assessment and Policy Development] This report shows that in our community, none of these indicators of racial equity exist: • Students of different races do not graduate from high school at the same rate, do not participate in AP classes and extracurricular activities at the same rate, and do not face disciplinary action at the same rate. • People of different races do not enjoy equal access to employment and housing opportunities. • People of different races experience different rates of police contact, arrest, conviction, and incarceration. • And racial identity is statistically a strong predictor of individuals' overall prospects for success in our community. Given these findings, the question becomes, why is this so? Statistics represent human lives: a child, a family, a classroom, a neighborhood. People reading this report will have different interpretations of the data depending on their points of view. Research shows that a person's interpretation of racial equity data is strongly influenced by her or his own racial and cultural background. [The Equity Project, not dated] In our experience, we've encountered a range of different explanations for racial disparities based on individuals' personal perspectives including: • An individual, color -blind explanation that argues individuals cause their own circumstances through their own behavior. This approach believes that disparities are primarily the result of individual choices, not outside influences like access to societal resources or opportunities. For example, the statement, "You do the crime, you do the time" would explain disparities in incarceration rates. • A social class explanation that argues disparities result from poverty. Families' and individuals' lack of adequate income is seen as the cause of different outcomes in education, criminal justice, and health. The role of race or racism is denied. For example, a person may look at educational disparities and conclude, "It's about class, not race." • A racial group explanation that attributes disparities to stereotypical beliefs about racial groups' innate characteristics and culture. For example, "Those children don't do well in school because their parents don't value education." • An institutional explanation that attributes racial disparities to a particular institution's policies and practices. This explanation would suggest that disparities in, say, high school graduation rates could be addressed simply by changing school district policies and practices, without regard to the role the rest of the community's opportunities and institutions play in a student's success. • A structural /systemic explanation that asserts that racial disparities result from complex interactions between individual behavior, institutional policies, and historical legacies. This explanation acknowledges that racial disparities may result even when policy- makers and staff have good intentions or implement seemingly "colorblind" policies. From this perspective, if data show racial disparities result from existing policies and practices, then a collaborative process needs to be conducted in conjunction with the people most affected to identify the root causes of the racial disparities and develop intentional efforts to reduce them. While it may be difficult to arrive at a shared understanding of what causes racial inequity, the Coalition for Racial Justice believes strongly that addressing inequity is the shared responsibility of everyone. We believe that emphasizing a structural analysis and using data to measure outcomes are the most effective tools in building the diverse, inclusive, and equitable community in which we strive to live. Models for Achieving Racial Equity Our community is not alone in experiencing racial inequities. And if we choose to address them forthrightly, together, we will not be alone in the undertaking. Other communities have faced similar challenges and devised strategies to reduce racial inequity. Some have documented their efforts to set and achieve meaningful, measurable goals. We can learn from their experience. One example is Seattle's Race and Social Justice Initiative. This initiative seeks boldly "to end institutional racism and race -based disparities in City government." We have adapted elements of the Seattle initiative's approach in Steps to Move Forward. Seattle has committed itself to a multi -year effort to end racial inequity in the community and challenges community members to "Imagine a city where: • Every schoolchild, regardless of language and cultural differences, receives a quality education and feels safe and included. • Race does not predict how much you earn or your chance of being homeless or going to prison. • African - American, Latinos and Native Americans can expect to live as long as white people." In working together to foster racial equity in our community, we do not have to start from zero. We can study other communities' approaches and adapt them to our own circumstances. And when we achieve successes, we can share them with others as they embark on their journeys toward racial equity. Members of the Coalition for Racial Justice are available to provide information about the models and tools that have been developed and to facilitate discussions about conducting racial equity impact assessments in our community. What We Learned and How We Can Move Forward Together K -12 Education Johnson County's school -age population is significantly more diverse than its adult population. And while we rightly boast of our excellent schools — including our nationally recognized City and West high schools— African American and Latino students are not full and equal participants in the benefits of K -12 education. These students are at greater risk of not graduating from high school and of experiencing the lifelong disadvantages associated with not graduating. Creating racial equity in our public school system must be a top priority for our community. What We Learned • Diverse student population — K -12 student population is more diverse than in the community at large, with minority enrollment of approximately 33 percent in 2012 -13. [ICCSD Enrollment Report 2012 -13] • Graduation rates — Statewide data show significant racial disparities, with African American and Latino students graduating at lower rates than white and Asian American students. [Iowa Department of Education] • Advanced placement courses — Participation in advanced placement courses shows racial disparities, with white and Asian American students making up higher percentages of AP students than their representation in the overall student population (76.2 percent white, 12.2 percent Asian American); black and Latino students make up lower percentages of AP students than their representation in the overall student population (5.2 percent black, 15.3 percent Latino). [ICCSD course enrollment data, 2010 -11] • Special Education — Black and Latino students are significantly overrepresented in special education programs based on their proportion of the overall school population (29.3 percent black, 15.3 percent Latino); white and Asian American students are underrepresented in special education programs (51 percent white, 1.3 percent Asian American). [ICCSD Enrollment Report, 2012 -13] • Suspensions and police referrals — In- school suspensions, out -of- school suspensions, and police referrals all show significant overrepresentation of black students; overrepresentation of Latino students; and underrepresentation of white and Asian American students, based on their proportions of the student population. For example, white students comprise 35.8 percent of police referrals compared to 44.8 percent black students and 17.9 percent Latino students. [ICCSD Safety and Climate Report, 2009 -10 and 2010- 11; ICCSD Annual Progress Report, 2009 -10 and 2010 -11] Iowa City Schools Enrollment by RacefEthnicity (2012 -13) Advanced Placement Enrollment by Saur .. KCSO Eo- Rmenf RomflG 12 -13 (2010 -111 So urcv.CMcs LY sr mna rw!dam Jr'10 11 Special EducationEnro IImentbyRace /Ethnicity (2012 -13) Police Referrals by RacefEthnicity (2011 -12) Source. ICC30 frvoMienr Rpppfr 2G r2- I; iPWCf Ui05o fey & -Na vle RppO+r 2G r 1 -12 WNW E;WCVA7 C,i H"Ai {j A5L3eVPJGih{ 01her C &+K"0n 0 jmancan 0 lallna 0 IslandY How We Can Move Forward Together • Encourage the Iowa City Community School District to continue its work to address racial disparities in K -12 education and strengthen its efforts: • How does the ICCSD use racial /ethnic data and racial equity assessment tools to monitor the impact of policies on racial equity? • How is the district working with parents and families of students of color to understand and address barriers to their children's success? • Has the district identified root causes of racial disparities in suspensions, including a exploration of the role of implicit bias as some other school districts have done? • What policies govern how students are assigned to special education programs or channeled into alternative education settings, and why are students of color disproportionately represented? • How do our schools currently work with local law enforcement agencies, and to what extent are police officers involved in school disciplinary actions? • How is the district using data to evaluate its success in recruiting and retaining teachers and administrators of color? • How will racial equity be integrated into the district's Diversity Policy? Juvenile Justice Treatment of youthful offenders differs according to their race, with black and Latino youths being significantly more likely than white youths to be detained. Juvenile detention is associated with lower high school graduation rates and greater criminal recidivism. What We Learned: • Arrest rates — Black and Latino youths in Johnson County experience significantly higher rates of arrest and detention than white youths. In fact, Johnson County led the state in the disparity of juvenile arrests for black youths, who were nine times more likely than white youths to be arrested in 2009. This trend improved in more recent years, but black youths in Johnson County were still almost six times more likely to be arrested than white youths in 2011. [Iowa Division of Criminal and Juvenile Justice Planning; National Resource Center for Family Centered Practice, University of Iowa] Miative Rate Index For Arrests of African Americana Aged 10-17 Reference Group: White Youths Aged 1 0-17; Referenre Group Value 1.0 Stw"- fowo OV'Yo4,4 orCmm hai R 1wAeniklLerKeF7onaa ?, Nadmarimescure {m FUlur fiamify CrnfnadAocFrcq lhmrsilyofVam 1Q 7rofr. Ni 7 Gafa kr7.rnn Coeurly I'✓1r AIWYi$J4• 9 8 7 6 i 4 a 1 aod7 zor�� 2011 ■ �� ■ 91at4 Haw4 ❑ �� ■ n�hnson {nur�iy {nun[y • Curfew ordinance — Iowa City's curfew ordinance for juveniles 17 and younger affects minority youths disproportionately. Young people of color make up 26 percent of Johnson County's 10- 17- year -old population, but represent more than a third of curfew ordinance citations and warnings. Curfew violations rank No. 2 as a cause of juvenile arrests in Iowa City, at 22 percent of juvenile charges. fICPD Annual Report, 2011] 9 • Adverse effects — Juvenile detention has been found to have a strong relationship with failure to graduate from high school. In one national study, only 12 percent of those who had served time in a juvenile detention center went on to graduate from high school or earn a GED. [John D. and Catherine T. MacArthur Foundation, 2006] How We Can Move Forward Together: • Conduct fact - finding to ascertain community approaches to key juvenile justice issues: ➢ How do local institutions involved in juvenile justice —law enforcement agencies, juvenile courts, schools— assess the impacts of their policies and practices on youths of different races? ➢ What strategies do local law enforcement agencies have in place to reduce disproportionate contact with minority youths, how are community members involved in the development of these strategies, and how is progress measured? ➢ What are city councils and the Johnson County Board of Supervisors doing to hold law enforcement agencies accountable for reducing disparities in treatment of youths of different races? ➢ What are local law enforcement agencies doing to recruit and retain minority officers, and what types of training do officers receive to understand the role of implicit bias and promote racial equity? • Ensure robust community input into law enforcement practices, policies, and programs through community policing and effective and accessible complaint procedures related to individual officer behaviors as well as departmental practices. Adult Criminal Justice Racial disparities in criminal justice are a national phenomenon, yet Iowa stands out for the disproportionately high number of African American inmates in its prison population. Johnson County's average daily jail census shows an even greater disparity. Data reported by the Iowa City Police Department show disproportionate traffic stops and non - traffic arrests of African American individuals. People of color represent a disproportionately low number of police officers and other ICPD employees. What We Learned: Disproportionate arrests — Black/African American residents make up 4.8 percent of Iowa City's population but accounted for 28 percent of non - traffic arrests by Iowa City Police in 2011. Almost 13 percent of traffic stops involved black drivers. [ICPD] Disproportionate incarceration — Black inmates made up 42 percent of the Johnson County Jail's average daily population in 2010, and 26 percent of Iowa's prison population in 2011. [Johnson County Sheriff,' Iowa Department of Corrections] Underrepresentation in policing — Black and Latino officers together made up just 6 percent of Iowa City's police force in 2011 and held no positions in other job classifications within the Iowa City Police Department. [City of Iowa City Employment Opportunity Report, 2011] 10 How We Can Move Forward Together: In order to ensure the availability of reliable data to monitor racial disparities, establish uniform data collection and reporting on race and ethnicity for Johnson County's several law enforcement agencies. Ensure easy public access to data on law enforcement contacts, traffic stops, arrests, and incarceration in Johnson County. Conduct fact - finding to ascertain basic data and information on key issues regarding criminal justice and the perception of criminal justice in our community: ➢ What factors help explain racial disparities in traffic stop data and how do Johnson County traffic stop data compare with national statistics? ➢ Does local media coverage disproportionately feature people of color accused of crimes, and what policies and practices do local news organizations have to ensure that coverage accurately reflects the racial makeup of those accused of crimes? Employment and Business Ownership A great majority — nearly 81 percent —of Johnson County residents whose income falls below the federal poverty level are white, according to the 2010 American Community Survey. At the same time, onlyl6% percent of white households have poverty -level incomes compared with about 40 percent of African American and 26 percent of Asian families.. Poverty is an outcome of multiple factors, including lack of access to employment and other economic opportunities, life situations, and lack of resources across generations. People of color do not enjoy the same economic opportunities as white individuals in Johnson County. They experience higher unemployment and have lower income. Business ownership is low among black and Latino residents. In a racially and ethnically equitable community, people of color would experience about the same rates of unemployment, poverty, and business ownership as white people. What We Learned: Employment disparity — Johnson County's black, Latino, and multiracial residents experience significantly higher unemployment than people of other races. Unemployment among African Americans in 2011 was 12.1 percent; 5.9 percent among Latinos; and 19.6 percent among multiracial residents, compared with an overall unemployment rate of 4.3 percent. [Iowa Workforce Development, 2011] Income disparity — Significantly higher proportions of African American and Asian residents of Johnson County reported poverty -level incomes in 2010. About 40 percent of black residents and 26 percent of Asian residents fell below the federal poverty level, compared with 16 percent of white residents. [U.S. Census American Community Survey, 2010] Business ownership disparity — Of Johnson County's 9,323 registered businesses in 2007, 4.1 percent were owned by Asians /Asian Americans; 1.8 percent were owned by African Americans; and 1.6 percent by Latinos. [U.S. Census Bureau, State & County Quick Facts] 11 Johnson County Unemployment Rate by RacelEthmicity120111 FN-re {k4r wlenr 19A IS ie is 12 10 8 6 2 U LWhtice Blacloedriui Hispanic' Muhi- caucasion 0 dnwic,. ■ i a:hKo racN� How We Can Move Forward Together: • Conduct fact - finding to identify barriers to people of color in income, employment, and business ownership: ➢ What barriers to employment exist for people of color and how are these barriers being addressed as an issue that harms our community rather than just an individual problem? ➢ In what sectors have minority business owners been successful, and how does the local business community support the entrepreneurial aspirations of people of color? Housing The quality and affordability of housing in stable neighborhoods play key roles in families' economic and social well- being. In fact, the Urban Institute includes residential segregation, neighborhood affluence, and home ownership among the most significant factors in determining racial and ethnic equity. [Urban Institute, 2012] Despite a variety of programs funded by both local and federal governments to support housing availability and affordability, there is a growing racial divide in Johnson County communities. This divide is a function of both regional housing markets and housing policies at the city and regional scales. 12 What We Learned: Home ownership — Home ownership in Johnson County skews toward white residents, who make up a greater percentage of home owners and a lower percentage of home renters than their share of the overall population. People of color, conversely, make up a lower percentage of home owners and a higher percentage of home renters than their share of the overall population. [U.S. Census, 2010] "Subsidized" housing — Johnson County's largest municipality, Iowa City, carries out numerous programs to support the goal of increasing housing availability, affordability, and quality. These include 81 Public Housing Units and 1,250 Housing Choice Voucher ( "Section 8 ") units. [Iowa City Housing Authority Annual Report, 2012] ➢ Not all programs report statistics on the racial and ethnic makeup of participants, so it is difficult to assess the racial equity impact of housing programs. ➢ Much of the media coverage regarding housing focuses on a single program, so- called "Section 8" rental vouchers, as representative of racial and class divisions in Iowa City. Program participation — For those programs where we do have race /ethnicity data, African American and Latino families participate at significantly higher rates than their share of the population. For example, of the 1,250 families participating the Housing Choice Voucher program, 34 percent are headed by African Americans. [U.S. Department of Housing and Urban Development Community Development Block Grant Performance Profile, Iowa City, 2008, Iowa City Housing Authority Annual Report, 2012] Concentration of low- income housing — Planners and policy makers in the Iowa City area have used housing policy to alter concentrations of low- income housing. Although not always explicitly acknowledged, racial tensions have played a significant role in these discussions, especially with regard to the southeastern part of Iowa City. Policy initiatives have included: ➢ Iowa City's creation of a Scattered Site Housing Task Force in 2003, and the Task Force's subsequent 2005 report. [October 11, 2005, memo from Matthew J. Hayek to Iowa City City Council) ➢ The Johnson County Urbanized Area Policy Board's creation of an Affordable Housing Sub - Committee, and the Sub - Committee's subsequent 2010 recommendations. [September 9, 2010, memo from John Yapp to Kelly Hayworth et al.] ➢ Iowa City's adoption of an Affordable Housing Location Model in 2011, which banned new subsidized rental units in certain areas of the city. [KristopherAckerson, `In the Right Place," Planning, March 2013]. ➢ The Iowa City Community School District's adoption of a Diversity Policy in 2013. Schools in the Iowa City Community School District vary dramatically in terms of their percentages of students eligible for Free and Reduced Lunch (FRL), which is a surrogate measure for poverty. These FRL differences reflect differences in the socio- economic composition of neighborhoods. How We Can Move Forward Together: Adopt a consistent set of racial and ethnic data collection across all housing - related programs in order to better understand their impacts on racial equity. Initiate a dialogue among the public and municipal housing program officials to discuss implementation of Racial Equity Impact Assessments so that housing policies achieve their stated goals. Work to ensure that community dialogues about housing address the growing racial divide. 13 • Conduct fact - finding to assess news coverage of housing issues, with the aim of broadening coverage to include the full range of community investments in housing. Community Leadership Overcoming racial disparities in our community will take courageous and intentional leadership. Increased racial and ethnic diversity among elected leaders and in public institutions will serve as an important indicator of success in our community's journey toward racial equity. What We Learned: Employment in city government — Iowa City, our community's largest municipality, reported just 25 people of color among its 459 public employees in 2011, which translates to 5.4 percent. People of color made up 20.3 percent of Iowa City's population in 2010. [U.S. Equal Employment Opportunity Commission, 2011] Employment in county government — Johnson County reported just four people of color among its 258 employees -1.5 percent —in 2011. People of color made up 17 percent of Johnson County's overall population in 2010. [U.S. Equal Opportunity Employment Commission, 2011] Elected leaders — None of Iowa City's, Coralville's, or Johnson County's current elected leaders are people of color. The Iowa City School Board includes one person of color. How We Can Move Forward Together: • Identify and address formal and informal barriers to people of color seeking elected and appointed positions in local government. • Identify and support local efforts to increase the civic participation of people of color. • Urge elected leaders to adopt resolutions and action plans affirming local governments' commitment to racial equity in the workplace and to elimination of racial disparities in public services and programs. • Initiate community dialogue to include the experiences of people of color in discussions to identify the impacts of proposed policies, budgets, and governing practices. 14 Index of Sources Cited in This Report 1•m:d`Ax�rrr, • Student population diversity — Enrollment Report 2012 -13, pp. 12 -14, Iowa City Community School District. • Graduation rates — Iowa Department of Education • Advanced placement enrollment disparity — Course enrollment data 2010 -11, Iowa City Community School District. • Special education disparity — Enrollment Report 2012 -13, Iowa City Community School District. • Suspensions and police referrals — Safety and Climate Report, 2009 -10 and 2010 -11; Annual Progress Report 2009 -10 and 2010 -11, Iowa City Community School District. On Juvenile Justice: Arrest rates — Iowa Division of Criminal and Juvenile Justice Planning; National Resource Center for Family Centered Practice, University of Iowa. Curfew ordinance — Annual Report 2011, Iowa City Police Department. Adverse effects — John D. and Catherine T. MacArthur Foundation. 2006. On Adult Criminal Justice: • Disproportionate arrests — Bias -Based Profiling Review 2010, Iowa City Police Department. • Disproportionate traffic stops — Bias -Based Profiling Review 2010, Iowa City Police Department. • Disproportionate incarceration — Johnson County Sheriff; Iowa Department of Corrections, 2011. • Underrepresentation in policing — City of Iowa City Employment Opportunity Report, 2011. On Employment, Income, and Business Ownership: • Employment disparity — Iowa Workforce Development, 2011; State Data Center of Iowa, 2011. • Income disparity — American Community Survey, 2010, U.S. Census Bureau. • Business ownership disparity — State & County Quick Facts, U.S. Census Bureau. On Housing: • Home ownership — U.S. Census, 2010. • Housing program participation — Community Development Block Grant Performance Profile, Iowa City, 2008, U.S. Department of Housing and Urban Development; Annual Report 2012, Iowa City Housing Authority. On Community Leadership • Employment in city government— U.S. Equal Employment Opportunity Commission, 2011. • Employment in county government — U.S. Equal Opportunity Employment Commission, 2011. 15 Further Reading on Racial Disparities and Racial Equity • American Civil Liberties Union (ACLU, nd). School -to- Prison Pipeline: http: / /www.aclu.org /racial - justice /school- prison - pipeline • Annie E. Casey Foundation. Race Matters: Unequal Opportunities in Education. Retrieved from: http: / /www.aecf.org /upload /publicationfiles /fact sheet3.pdf • Aspen Institute (2004). Structural Racism and Community Building. Retrieved May 15, 2012 from: http: / /www.aecf.org/ upload / publicationfiles /re3622h650.pdf • Biddle, R., Editor. (nd) This is Dropout Nation: The High Cost of Juvenile Justice. Retrieved May 15, 2012 from DropOut Nation: http: / /dropoutnation.nett20lO /l l/23 /dropout - nation- h i g h -co st -i uve n i le -i u sti ce/ • Center for Assessment and Policy Development (2010, July). Leadership and Race: How to Develop and Support Leadership that Contributes to Racial Justice. Retrieved June 10, 2012 from: http: / /www.capd.org /pubfiles /pub - 2010- 07- 02.pdf • Davey, L. (2009). Strategies for Framing Racial Disparities: A FrameWorks Institute Message Brief. Washington, DC: FrameWorks Institute. Retrieved May 23, 2012 from: http://frameworksinstitute .org /assets/files /PDF race /d is paritiesmessage brief. pdf • Dixon, B. (2005, July 14) Ten Worst Places to Be Black. Black Commentator, 146. Retrieved June 3, 2012 from: http: / /www.blackcommentator.conVl46 /146 cover dixon ten worst.html • Dougherty, C., and Jordan, M. (2012, May 17). Minority Births Are New Majority. Retrieved June 2, 2012, from The Wall Street Journal: http: / /online.wso.com/ article/ SB10001424052702303879604577408363003351818. html • Dowd, L. Top Ten Barriers to Local Food Access for Low - Income Individuals. Local Foods Connection. Contact localfoodsconnection @yahoo.com for a copy of the report. • Equity Project (The) at Indiana University (nd). Glossary of Equity Terms: http: / /www. indiana .edu /— equity /glossary.php • Equity Project (The) at Indiana University (nd). Using Data. Retrieved June 2, 2102 from: http: / /www. indiana .edu /— equity /usingdata.php • Espenshade, T. J. and A. Walton Radford (2009, November 12). A new Manhattan Project. Retrieved April 1, 2012 from: http: / /www.insidehighered.com /views /2009 /11/12 /radford • Fairlie, R. W. and Robb, A.M. (2008). Race and Entrepreneurial Success: Black -, Asian -, and White -Owned Businesses in the United States, Cambridge: MIT Press, 2008. Retrieved June 3, 2012 from: http: / /npc.umich.edu /publications /policy briefs /briefl2 /index.php • French, L., Fisher, P.S., and O'Connor, N. (2012, May). The Price of Low Pay: Cost of Living in Iowa Shows Why Many Iowans Fall Short. Retrieved June 2, 2012 from The Iowa Policy Project: http: / /www.iowapolicypromect.org/ • Gravelle, S. (2010, September 28). Poverty rate in Eastern Iowa climbs. Retrieved June 3, 2012 from Gazette.com: http:Hthegazette.com/2010 /09/28/ area %e2 %80 %99s - poverty -rate- climbs-following-national-trend/ • Human Rights Watch (2012, February 27). U.S.: Incarceration Rates Reveal Striking Racial Disparities: http: / /www.hrw.org /news/ 2002 /02/26/us- incarceration - rates - reveal - striking- racial- disparities • Iowa Department of Human Rights (2009). Criminal & Juvenile Justice Planning. Governor's Youth Race & Detention Task Force, Response to Executive Order 5. http: / /www. humanrights. iowa.gov /clip /images /pdf /yrdtf /Findings %2005- 21 -09. pdf 16 • Iowa Department of Human Rights (2011). Iowa Prison Population Forecast FY2005 -2015. Retrieved June 3, 2012 from: http: / /www.humanrights.iowa.gov /clip /images /pdf / Forceast 2005- 2015.pdf • Iowa Department of Public Health. Iowa Cancer Health Disparities http : / /www.idph.state.ia.us /hpcdp /common /pdf /ia cancer health disparities.pdf • Kochhar, R., Fry, R., & Taylor, P. (2011, July 26). Wealth Gaps Rise to Record Highs Between Whites, Blacks and Hispanics. Retrieved June 3, 2012 from Pew Research Center: http: / /www.pewsocialtrends.org /2011/07/26 /wealth -gaps- rise -to- record - highs- betwee n -wh ites- blacks -h is pa n ics/ • Metzger, S., Bayard, R., & Waheed, K. (2010, November 9): The Alliance for Racial Equity in Child Welfare IFCW WorldForum 2010, Palisades, NY. http: // antiracistalliance. com/ PromotingRacialEguityinChildWelfareOutcomes .pdf • Minneapolis Foundation, The. (nd). About Equity and Social Change. Retrieved June 5, 2012 from: http:// www. minneapolisfoundation. org /CommunityGrants /Equity.aspx • Multnomah County, Oregon. Equity and Empowerment Lens: http: // web. multco .us /diversity - equity /equity- and - empowerment -lens • National Center for Children in Poverty. Iowa: Demographics of Poor Children. http: / /www.nccp.org /profiles /IA profile 7.html • Ordfield, G., Losen, D., Wald, J. & Swanson, C. (2004). Losing Our Future: How Minority Youth Are Being Left Behind by the Graduation Rate Crisis. Retrieved June 12, 2012 from: http: / /www.urban.org /UploadedPDF /410936 LosingOurFuture.pdf • Poverty & Race Research Action Council (2006). Structural Racism issue. Poverty & Race, 15:16, pp http: / /www.prrac .orq /newsletters /novdec2006.pdf • Rankin, M.A. (2012, April 18). Encouraging AP Success For All Students, Education Week, 31: 28. • Richardson, B. (2010, October 23). National Survey on DMC Practices and Accomplishments. Presentation at the Joint Meeting of the Ethnic and Cultural Diversity Coordinators. Retrieved May 15, 2012 from http://www.uiowa.edu/—nrcfcp/dmcrc/DMCSurveyPresentationCJJ1 0-23-201 O.pptx • Urban Institute (2007). Five Questions for Marla McDaniel. Retrieved May 5, 2013 http: // urban. orq / toolkit /fiveguestions /MMcDaniel.cfm • Urban League of Portland. Racial Equity Strategy Guide. http://ulpdx.org/wp- co me nt/u ploads /2012/02 /RAC IAL -EQU ITY- STRATEGY - GUIDE - FINAL. pdf • W.K. Kellogg Foundation. Racial Equity: http: / /www.wkkf.org /what- we- support/racial- equity.aspx 17 Contact the Coalition for Racial Justice at coalition .racial.iustice(cDgmail.com to: Find out more about the Coalition or this report Schedule a presentation about racial equity and /or request a racial equity toolkit for your group or organization Be included in the Community Racial Justice Mailing List, which provides information about local racial justice efforts and events Visit the Coalition's website: http : / /racialousticecoalition.com or Facebook page: www. facebook .com/RacialJusticeCoalition 18 City of Iowa City Citizen Survey 2013 11/12/2013 Comparison of Survey Respondents with Census Data* 1. Iowa City 2012 population estimate: Citizen Survey Respondents: 2. White alone population 2010: Citizen Survey Respondents 3. Black or African Amer. population 2010: Citizen Survey Respondents: 4. Amer. Indian /Alaska Nat. population 2010: Citizen Survey Respondents: 5. Asian, Indian or Pacific Islander 2010: Citizen Survey Respondents: 6. Hispanic /Latino population 2010: Citizen Survey Respondents: 70, 133 (100% of population) 499 (0.07% of population 2012) 56,012 (82.5% of population 2010) 471(95.0% of Survey Respondents) 3,938 (5.8% of population 2010) 5 (1.0% of Survey Respondents) 136 (0.2% of population 2010) 3 (1.0% of Survey Respondents) 4,685 (6.9% of population 2010) 15 (3.0% of Survey Respondents) 3,598 (5.3% of population 2010) 11 (2.0% of Survey Respondents) *Source U.S. Census Bureau: State and County QuickFacts. Data derived from Population Estimates, American Community Survey, Census of Population and Housing, County Business Patterns, Economic Census, Survey of Business Owners, Building Permits, Census of Governments - Last Revised: Thursday, 27 -Jun -2013 14:02:29 EDT http : / /quickfacts.census.gov /qfd /states /19/1938595.html Compiled by: Joe D. Coulter 1818 N. Dubuque Street, Iowa City IA 52245 Attachment Human Rights Meeting Minutes 12/18/12 To: Iowa City Human Rights Commission From: Subcommittee on Immigrant Human Rights Date: December 12, 2012 Background: The Iowa City Human Rights Commission (ICHRC) in response to community concerns on the plight of immigrants in the Iowa City community made nine recommendations to the City Council in the fall of 2011. The City Council did not reach consensus on many of the recommendations but did request the ICHRC proceed on the two cited below. Recommendation 4) Increase Access to City Services by Immigrant Communities, particularly those identified as most -used in the "We Are Iowa City" survey data. As discussed above, it is clear that several City services are currently accessed and appreciated by local immigrant communities. Given the connection that currently exists, we recommend that these services increase outreach to non - native English speakers by developing brochures and resources in other languages. For example, we encourage that a version of the Recreation Services program and policies be offered in at least Spanish, and that signage in more than one language be posted in the facilities. Recommendation 10) Create a Standing Immigrant Review Committee: Given the well-founded reluctance of many people in the immigrant community to come forward with concerns of rights violations and /or recommendations for community improvements, we recommend that the IC Human Rights Commission create a stand- alone subcommittee focused on reaching out and serving as a vehicle for the voices of immigrants living in Iowa City. This committee could include membership from the IC Human Rights Commission (2 members); the Police Citizen Review Board (1 member), members at large (2 members to be appointed by the Iowa City City Council), and 3 -5 members of the local immigrant community. Details for how often they would meet and how they would channel their recommendations to the City leadership are left to be developed, but we encourage this committee as a conduit between the community and City leadership, since such a connection does not naturally occur in our current system. The ICHRC established The Subcommittee on Immigrant Human Rights (IHR) in February 2012. The purpose of the IHR is to be a voice for those immigrants in the Iowa City community whose voices may not be heard and to convey their concerns to the ICHRC, City Council and City staff. Giving immigrants the support and encouragement to come forward and speak for themselves. On September 18, 2012 & October 9, 2012 members of the IHR including Commission member Kim Hanrahan met with the Human Rights Coordinator, Stefanie Bowers, to tour City facilities. Hanrahan and Bowers were the only native English speakers participating in the tours; other participants were native Spanish speakers. The tours were arranged to determine what signage in Spanish would be most helpful in navigating City Departments. The Public Library, Robert A. Lee Community Recreational Center, City Manager's Office, Cashier's Desk (Revenue Division), Police Department, Personnel, Main Information Desk (City Hall), Housing Authority and Human Rights were all visited on the tours. What follows are the recommendations based upon the two tours. Recommendations: Cashier's Desk (Revenue Division) 1) Signage that announces department in Spanish. 2) Brochures /handbills in Spanish available at the counter that describe and explain the services offered at the Cashier's Desk. 3) All flyers, signs or notices affixed to bulletin board (to the right of the counter) posted in Spanish. City Manager's Office 4) Handouts on permit process and application for permits available in Spanish. Robert A. Lee Community Recreational Center 5) Activity guide published in Spanish. 6) Activity guide published in Spanish distributed throughout the Latino community in Iowa City. 7) Signage at checkout desk in Spanish. Signage in Spanish should include what forms of identification are required to utilize specific services. 8) Signage in Spanish in upper level notifying of services located on that level. Public Library 9) Visible "Check Out" signage in Spanish 10) Brochures or handbills in Spanish explaining library services. 11) Signage in Spanish identifying the Children's Area. 12) Library Calendar of events available in Spanish in a printed format. Iowa City /Johnson County Senior Center 13) Program guide published in Spanish in a printed format. 14) Calendar of events published in Spanish in a printed format. 15) Programming reflecting the ethnic and cultural diversity of Iowa City. 16) Outreach to immigrant communities notifying of the services and programs offered at The Center. Information Desk (City Hall) 17) "Main Lobby" signage in Spanish. Additional Recommendations related to City Services in General 18) Mandatory employee training on how to use the Language Line Service. 19) Signs for Language Line larger and more visible in all departments. 20) Pamphlets or brochures published in Spanish that explain the function of City Government available in a printed form. 21) Pamphlets or brochures published in Spanish that explain City Services and the function of each department. Materials should include specific sections on refuse collection, recycling and how to read a water bill. Pamphlets or brochures should be available in a printed form. 22) Universal Identification Card that can be used as identification for all City Services and at all City Facilities. Center for Worker Justice of Eastern Iowa Immigrant Voices Project immigrantvoicesprolect @gmail.com January 8, 2013 To: City of Iowa City Ad Hoc Diversity Committee Members From: Sergio Irund A -wan, Secretary Subject: Law Enforcement and Transportation - Related Concerns in Iowa City Thank you for your work reviewing the City's law enforcement and transit systems, as they relate to minority populations. The Immigrant Voices Project (IVP), a committee of the newly- formed Center for Worker Justice of Eastern Iowa, has brought together over 250 immigrants in the Iowa City area over the past year, to identify shared concerns and to develop proposals for improving this community for all its residents. Through a successful survey that involved over 150 area immigrants from 18 countries of origin, as well as months of meetings and educational forums, IVP has identified several priority concerns shared by the area's diverse immigrant communities: • Workplace Injustices • Lack of Adequate and Affordable Housing • Poor Relationship Between Local Law Enforcement and Immigrant Communities • Inadequate Access to Transportation Because of the limited scope of this committee, I will focus this memo on the issues of law enforcement and transportation. However, we look forward to continuing to work with the City to improve the range of issues of concern to local immigrant communities. 1. Relationship Between Local Law Enforcement and Immigrant Communities Overwhelmingly, our survey respondents expressed that they have chosen this community because it is peaceful, safe, and a good place to raise children; and they expressed appreciation for the role law enforcement plays in deterring crime. However, survey respondents also raised serious concerns about local law enforcement policies and practices — in fact, law enforcement received the highest negative rating compared with all other issues listed on the survey. Many of the comments reflected broad mistrust of the police, such as: • "I think they are becoming racist. They will stop you for nothing if they see you are Hispanic. • "When I worked as a taxi driver, I felt police were targeting taxi drivers" • "When you speak English well, they treat you better." • "The law enforcement needs to treat people with respect, play fair with all" • "I don't feel safe, I am afraid, I feel harassed" • "The worst part about Iowa City is police handling of immigrants, I feel discrimination, there is not equality between white people and others" In meetings and discussions, we identified 6 priority concerns relating to law enforcement: 1) Need for consistent, timely language interpretation 2) No current system for submitting PCRB complaints through a 3rd party 3) Inappropriate involvement of local police in federal immigration matters 4) Over - policing of neighborhoods with large immigrant populations 5) Poor treatment of Sudanese - American taxi drivers by local law enforcement 6) Racial profiling — targeting minorities for minor (or no) traffic violations The Immigrant Voices Project recommends that the City take the following steps: 1) Consistently use interpreters in interactions involving people with limited English language abilities. Seek interpretation services that do not cause unreasonable delays. 2) Allow PCRB complaints to be logged by 3rd party advocates 3) Study examples of concrete steps other communities have taken to improve the relationship between immigrants and local law enforcement, such as: municipal ID programs, policies that clarify the limits of local police involvement in federal immigration matters, ongoing meetings with local immigrant groups, and other initiatives. We believe it is essential that the City take concrete steps to improve the relationship between local law enforcement and immigrant communities. Fear of police can mean that victims of crime do not report the incidents, and that witnesses may not cooperate in police investigations for fear of mistreatment — in other words, everyone is less safe and the job of police is more difficult when large communities fear and distrust law enforcement officials. Inadequate Access to Transportation Most survey respondents felt positively about the City's transit system — it was clear that many of the respondents rely on the bus system, and use it regularly. However, there were three priority concerns regarding the City's transit system: 1) Lack of evening and weekend service for low -wage workers who must travel to jobs. For low -wage workers, particularly new arrivals to the area, it is common to work in jobs that require 2nd shift, 3rd shift, and weekend hours. 2) The current focus on the downtown hub causes long delays for those traveling to other cross -town destinations. For example, many Sudanese - American students live in Pheasant Ridge apartments and take classes at Kirkwood — they face a long commute under the current system, and would benefit greatly from a more direct route. 3) Infrequent stops in neighborhoods that depend on bus service. For example, in Forest View Trailer park, the bus comes only once per hour. Please don't hesitate to contact us at immigrantvoicesproiect @gmail.com if you would like clarification or further information about these recommendations. Thank you. DAVID LOEBSACK 2ND DISTRICT; IOWA COMMITTEES, ARMED SERVICES SUBCOMMITTEES: MILITARY PERSONNEL READINESS EDUCATION AND THE WORKFORCE SUBCOMMITTEES: HEALTH, EMPLOYMENT, LABOR, AND PENSIONS HIGHER EDUCATION AND WORKFORCE TRAINING Patrick Donahue Postmaster General, CEO United States Postal Service 475 L'Enfant Plaza SW Washington, DC 20260 Tong"so of toe Initeb *tates Mouse of Eepreoentatiueo 30as4ington, 39T X11515 -15LIZ November 20, 2013 Dear Postmaster General Donahue and Ms. Kuhl: IP6 WASHINGTON OFh 1527 LONGWORTH MOUSE OFFICE BUILDING WASHINGTON, DC 20515 (202) 22x-6576 Angela Kuhl Real Estate Specialist United States Postal Service 7500 East 53'd Place, Room 1108 Denver CO, 80266 I am writing in regards to the proposed relocation of the Iowa City Post Office. DISTRICT OFFICES: 125 SOUTH DUBUQUE STREET IOWA CITY, IA 52240 (3191351-0789 209 WEST 4TH STRE ET, #106 DAVENPORT, IA 52801 (563)323 -5488 1 (866) 914 -I0WA Every Iowa household and many small businesses depend on reliable postal services. That is why it is extremely important to me that people have access to necessary postal services, especially seniors. It is critical that we maintain our local post offices and the essential services they provide. The proposed plan would vacate the current facility at 400 S. Clinton Ave. and relocate the post office to one of two proposed locations: Pepperwood Plaza on Highway 6E or 1925 Boyrum Street. While I understand the desire of the United States Postal Service to make the most cost effective use of facility space, I have strong concerns about moving the post office out of downtown Iowa City. Iowa City's unique population includes families, students, seniors, businesses, and individuals with disabilities who depend on safe and reliable access to postal services. Many of these individuals use public transportation and would face significant burdens in accessing either of the new locations. I urge you to seek a solution continues to serve these residents. I understand that the community has been briefed and will be able to submit written comments regarding the proposal. I appreciate that you have given local residents the opportunity to weigh in, and I urge you to give their input full consideration as you make your final decision. The members and leaders of the community are best positioned to understand the local impact of this consolidation, and as such their comments should be carefully considered. Post offices are critical for many Iowans, and I urge you to continue with plans that will keep offices open and ensure that residents are able to access vital postal services. I look forward to working with you to ensure that a solution is reached that is beneficial to the Iowa City community. )avere , Loebsack , C - 4 Iowa's Second District cc: Mayor Matt Hayek, Iowa City PRINTED ON RECYCLED PAPER Tom Markus, City Manager, Iowa City Geoff Fruin, Assistant to the City Manager, Iowa City Marian Karr, City Clerk, Iowa City IP7 Marian Karr From: Tom Markus Sent: Monday, November 18, 2013 12:32 PM To: Geoff Fruin; Jeff Davidson; Marian Karr Subject: RE: Iowa City Letter From: Kuhl, Angela S - Denver, CO - Contractor _[mailto:Angela.S.Kuhl @usps.gov] Sent: Monday, November 18, 2013 11:24 AM To: Geoff Fruin Subject: RE: Iowa City Letter Hi Geoff, Thank you for your follow up to the City Council's resolution and citizen comments. The information provided has been forwarded to the appropriate internal USPS personnel. We will be responding to the correspondence in the next two weeks. As we remain in negotiations with GSA and the other candidate sites, we are unable to provide an update at this time as it would be premature to comment during this stage. Thanks, Angela From: Geoff Fruin [mailto:Geoff -Fruin @iowa- city.org] Sent: Friday, November 15, 2013 7:10 AM To: Kuhl, Angela S - Denver, CO - Contractor Subject: RE: Iowa City Letter HI Angela, Earlier this week you received a copy of a City Council resolution and some general comments from our citizens. I was wondering if you could lay out the timeline and next steps in the process and provide an update with where you are on negotiations with both the GSA and the candidate sites. Thanks— Geoff Fruin Assistant to the City Manager I City of Iowa City, Iowa P: 319.356.5013 Web I Facebook JTwitter 1 Marian Karr From: UISG Recycling <uisg - recycling @uiowa.edu> Sent: Thursday, November 21, 2013 8:52 AM To: ssersland @cbrep.com Cc: Amelia_sewell @yahoo.com; Council Subject: Request for Recycling Services Dear Highland Real Estate, M , My name is Amelia and I live at (519 E Washington). I am writing to you to request recycling services for my building. I believe recycling is an important part of a sustainable lifestyle and I would like to see that reflected in the management of my building. I would like to request that a recycling service be added for my building as I do not currently have access to recycling services at my residence. I recognize the financial implications of such a service; however, I am willing to share in covering any potential costs. I am aware of the recycling centers in town; however, I think it is important for multi - family residences to have this service directly provided as is the case in so many other city residences. I hope you will consider this request. I found the results of this pilot program (http: / /www.ic og v.or ?id =2173) very informative and I would appreciate it if you would take the time to read through it and see the benefits and costs of adding the recycling services. Thank you for your time and for any support you may provide. Sincerely, Amelia Sewell F11-221-13 IP9 Marian Karr From: City of Iowa City <webmaster @iowa - city.org> Sent: Wednesday, November 20, 2013 4:36 PM To: Marian Karr Subject: High scores for City of Iowa City on LGBT report IN- Contact: Stefanie Bowers Contact Phone: (319) 356 -5022 High scores for City of Iowa City on LGBT report Issued by: Communications Office Mailing List(s): General City News Originally Posted 11/20/2013 4:35:15 PM The City of Iowa City recently scored 90 out of 100 points on the Human Rights Campaign Municipal Equality Index (MEI), which examines and rates the laws, policies, and services of municipalities on the basis of their inclusivity of lesbian, gay, bisexual and transgender (LGBT) citizens. Iowa City was one of 291 cities nationwide, representing a total population of almost 78 million people, that was rated this year. The full report is available at www.hrc.org/files /assets /resources /MEI 2013_report.pdf. Founded in 1980, the Human Rights Campaign is the largest civil rights organization advocating for equality for LGBT Americans, with more than 1.5 million members and supporters nationwide. For more information, visit www.hrc.org. View this article on the ICGov Web Site: http: / /www.ic og v.org/a/apps /news / ?newsID =9235 This media release was sent to: marian- karr@iowa- city.org Do not reply directly to this e-mail! It is produced from an automated system, and is not monitored for replies. If you have a question or comment about this information, please contact the individual(s) listed in the release. • Unsubscribe or edit your subscription details. • Visit our jobs page for employment opportunities. • View more news from the City of Iowa City. 1 11-21-13 ";6j Fiscal Year 2013 -14 Annual Report nl Boards, Commissions, and Committees �r CITY OF IOWA CITY City Manager's Office 356 -5010 www.icgov.org TABLE �: ,,. _xx;.:::� _�r�r.:::.e::_r...y „_rrw „i. ova—.,✓. ss, �ma..:,- r ...:.............::.. rv..,. .,.a.;_:::..r...,.......asr'.s+ �^a.:�..:.,:.,;. K.,...— .,.ter:,;,: ..._� -i; - STAFFCONTACTS ...................................................................................................... ..............................3 BOARD OF ADJUSTMENT... ................................................................................................. ............. 4 AIRPORTCOMMISSION ............................................................................................. ..............................7 AIRPORT ZONING BOARD OF ADJUSTMENT ............................................................. ..............................8 AIRPORT ZONING COMMISSION ............................................................................... ..............................9 BOARDOF APPEALS ................................................................................................. .............................10 CIVIL SERVICE COMMISSION .................................................................................... .............................11 HISTORIC PRESERVATION COMMISSION ................................................................. .............................13 HOUSING AND COMMUNITY DEVELOPMENT COMMISSION .................................. .............................16 HUMAN RIGHTS COMMISSION ................................................................................ .............................20 LIBRARY BOARD OF TRUSTEES ................................................................................. .............................30 PARKS AND RECREATION COMMISSION .................................................................. .............................32 PLANNING AND ZONING COMMISSION .................................................................. .............................35 POLICE CITIZENS REVIEW BOARD ............................................................................ .............................42 PUBLIC ART ADVISORY COMMITTEE ........................................................................ .............................46 TELECOMMUNICATIONS COMMISSION .................................................................. .............................48 SENIORCENTER COMMISSION ................................................................................ .............................48 BOARDOF REVIEW .................................................................................................. .............................53 BOARD AND COMMISSION MEMBERS .................................................... ............................... ......54 Adjustment, Board of Airport Commission... Airport Zoning Board of Adjustment Airport Zoning Commission .............. Appeals, Board of ............................. Civil Service Commission .................. Historic Preservation Commission ................ Housing and Community Development Com Human Rights Commission ........................... Library Trustees, Board of ............................ Parks and Recreation Commission ................ Planning and Zoning Commission Police Citizens Review Board....... Public Art Advisory Committee.... STAFF CONTACTS Sarah Walz ............................ 356 -5239 Michael Tharo ....................... 356 -5045 Michael 356 -5045 Michael Tharp ....................... 356 -5045 Tim Hennes ........................... 356 -5122 Karen Jennings ...................... 356 -5025 Bob Miklo ...... .......................356 -5240 Tracy Hightshoe .................... 356 -5244 Stefanie Bowers .................... 356 -5022 Susan Craig ........................... 356 -5200 Mike Moran .......................... 356 -5110 Bob Miklo ...... .......................356 -5240 Marian Karr ........................... 356 -5041 Marcia Bollinger .................... 356 -5237 Review, Board of ............................................... ............................... Dennis Baldridge................... 356 -6066 Senior Center Commission ................................. ............................... Linda Kopping....................... 356 -5225 Telecommunications Commission ..................... ............................... Bob Hardy ............................. 356 -5047 BOARD OF ADJUSTMENT GENERAL RESPONSIBILITIES The Board of Adjustment is empowered through Chapter 414 of the Code of Iowa and Section 14 -46 of the Iowa City Code to grant special exceptions as provided in the Zoning Chapter and to hear appeals to decisions made in the enforcement of the Zoning Chapter. The Board has the authority to allow variances to the Zoning Chapter for individual properties where provisions of the Chapter impose a unique and unnecessary hardship on the property owner and where the granting of a variance is not contrary to the intent of the Zoning Chapter or to the public interest. The Board may also submit recommendations to the Planning and Zoning Commission and the City Council regarding amendments to the Zoning Chapter. The Board is a quasi - judicial body whose decisions may be appealed to District Court. ACCOMPLISHMENTS IN FISCAL YEAR 2013 July 1, 2012 —June 30, 2013 During FY13 the Board of Adjustment met 11 times, denying two appeals, approving 13 special exceptions and approving one variance. One new member was appointed to the Board during this fiscal year. Appeals: Case Number Date Case Summary APL12 -00001 7/11/12 Appeal a decision of the Iowa City Housing & Inspection Services Director denying a building permit on the grounds that a proposed 145 -foot wind turbine is not an accessory use in the Office Research Park (ORP) zone. (NCS Pearson) DENIED. APL12 -00002 9/12/13 Appeal a decision made by Iowa City's Historic Preservation Commission that denied a Certificate of Appropriateness for the demolition of 111 & 115 S. Governor Street in the College Hill Conservation District. DENIED. Special Exceptions: EXC12 -00003 7/11/12 Special exception to modify a previously approved special exception in order to provide two required parking spaces off -site in a municipal ramp for a proposed mixed use development in the CB -10 zone at 114 South Dubuque Street. A special exception approved in April allowed the two required spaces to be provided at grade within the proposed building. (Park at 201) APPROVED. Case Number Date Case Summary EXC12- 00010: 10/10/12 Special exception to allow conversion of a non- conforming use located in a structure designed for a use that is prohibited in the zone; and a Historic Preservation Exception to modify the site development standards (a reduction in required parking) for property located in the High Density Multi - Family (RM -44) zone at 518 Bowery Street. APPROVED. EXC12 -00011 10/10/12 Special exception for a reduction in the front setback requirement to allow an expanded front porch for property located in the Medium - Density Single- family (RS- 8) zone at 1118 Fairchild Street. APPROVED. EXC12 -00012 11/14/12 Special exception for a reduction in the front setback requirement to allow the expansion of the front porch for property located in the Low - Density Single- family (RS -5) zone at 1613 Spruce Court. APPROVED. EXC12 -00014 12/12/12 Two special exceptions for a drive - through pharmacy and a drive- through coffee shop associated with a convenience store on property located in the Community Commercial (CC -2) zone at 1109 & 1123 North Dodge Street. (Hy -Vee) APPROVED. EXC12 -00015 1/09/13 Special exception to construct a 142 -foot free standing Small Wind Energy Conversion System (a wind turbine) in the Office Research Park (ORP) zone at 2510 North Dodge Street. (NCS Pearson.) APPROVED. EXC13 -00001 2/13/13 Special exception to allow a reduction of the required front setback for property located in the Low Density Single - Family (RS -5) zone at 301 Richards Street. APPROVED. EXC13 -00002 2/13/13 Special exception to allow a reduction of the required front setback for property located in the Community Commercial (CC -2) zone and Commercial Office (CO -1) zone at William Street and Muscatine Avenue. (Towncrest Redevelopment) APPROVED. EXC13 -00003 4/10/13 Special exception to establish a general community service use in the Intensive Commercial (CI -1) zone at 1105 S. Gilbert Court. (Crisis Center) APPROVED. Case Number Date Case Summary EXC13 -00005 4/10/13 Two Historic Preservation special exceptions to allow multi - family residential units at or below street level, and a special exception to reduce the off- street parking requirements for property located in the Central Business Support (CB -5) zone at 529 South Gilbert Street. (The Vine Building) APPROVED. EXC13 -00006 5/08/13 Special exception to expand the existing drive - through facility on property located in the Community Commercial (CC -2) zone at 2440 Mormon Trek Boulevard. (McDonalds) APPROVED. EXC13 -00008 6/12/13 Special exception to reduce the rear setback requirement for property located in the OPD -5 zone at 826 Sugar Loaf Circle. APPROVED. EXC13 -00009 6/12/13 Special exception to allow a drive - through use for property located in the CO -1 zone at the southwest corner of N. Dodge St. and Scott Blvd. (University of Iowa Community Credit Union) APPROVED. Variances: Case Number Date Case Summary VAR13 -00001 5/08/13 Variance to waive the off- street parking requirements to allow redevelopment of property located in the Central Business Service (CB -2) zone at 211 N. Linn Street. APPROVED. ]7110401.49 14NAW&FA S)C! The Board will continue to consider appeals, special exceptions and variances to the Zoning Chapter as they are requested and to make recommendations to the Planning and Zoning Commission and the City Council regarding the Zoning Chapter. The Board will update its procedures. BOARD MEMBERS Brock Grenis Larry Baker Becky Soglin T. Gene Chrischilles Constance Goeb Airport Commission GENERAL RESPONSIBILITIES The Iowa City Municipal Airport Commission is a five - member commission responsible for formulating policy and directing administration of the Iowa City Municipal Airport as a public facility in accordance with local, Iowa Department of Transportation and Federal Aviation Administration regulations. The Commission was established by public referendum under Iowa Code in 1941. The Commissioners are appointed by the Mayor and approved by the City Council. Commission members serve a four (4) year term of appointment. The Airport Commission meets monthly, with additional meetings as necessary. ACTIONS AND ACCOMPLISHMENTS IN FY2013 Continued implementation of Strategic plan for FY11 -FY15 Continued development of Airport Viewing Area, Sold Lot #15, 14 Continued Runway 7/25 Parallel Taxiway construction Continued positive relationship with the City Council and City Departments Completed Hangar "L" Box Hangars - phase 1 Leased additional ground space for construction of new aircraft hangar (Hangar "M ") Hosted SERTOMA, and EAA Young Eagles events at Airport Awarded State Grants for taxiway maintenance and lighting improvements GOALS FOR FISCAL YEAR FY2014 Complete Runway 7/25 Parallel Taxiway Beginning Airport Master Plan update process Continue marketing of Aviation Commerce Park Continue positive relationship with the City Council and City Departments Continue rehabilitation work on terminal building. Final phase project to rehabilitate roofing Complete taxiway pavement maintenance and lighting improvement projects Host Fly Iowa 2014 Stop location for Air Race Classic 2014 AIRPORT ZONING BOARD OF ADJUSTMENT lei 40I4:79■ 1491U0F91 :1111111V In Accordance with Chapter 329 of the Code of Iowa, the Board of Supervisors of Johnson County and the City Council of Iowa City have co- established the Johnson County -Iowa City Airport Zoning Board of Adjustment. It is the duty of this Board to hear and decide appeals where it is alleged that there has been an error in any administrative action in the enforcement of the ordinance, and to hear and decide on special exceptions that are specifically provided for in the ordinance, and to authorize variances from the terms of the ordinance on appeal in specific cases. ACTIONS AND ACCOMPLISHMENTS IN FY2013 The Board did not receive any appeals requests for exceptions or requests for variances during the past year. GOALS FOR FISCAL YEAR 2014 The Board will respond to appeals and other requests as it receives them and will make recommendations regarding the Zoning Ordinance. AIRPORT ZONING COMMISSION GENERAL RESPONSIBILITIES In Accordance with Chapter 329 of the Code of Iowa, the Board of Supervisors of Johnson County and the City Council of Iowa City have co- established the Johnson County -Iowa City Airport Zoning Commission. It is the duty of the Commission to advise and make recommendations to the Board of Supervisors and the City Council as to the appropriate zoning requirements and other matters pertaining to the physical development of areas of the county and the city surrounding the Iowa City Municipal Airport, so as to maximize compatibility between airport uses and the uses of the adjacent land. F I T * 1 11 I;INLFAW 011 &I I M014F 43 The Commission did not meet in the past year. GOALS FOR FISCAL YEAR 2014 The Commission will review zoning requests that may impact the Iowa City Municipal Airport. BOARD OF APPEALS GENERAL RESPONSIBILITIES The responsibility of the Board of Appeals as set by City ordinance is to review the Building Code, the Fire Code, the Plumbing Code, the Mechanical Code, and the National Electrical Code and recommend amendments for these regulatory codes; to assist the building official in making interpretations; to hear appeals for any person that is aggrieved by a decision of the Building Official or Fire Chief and pass judgment on that appeal; and to consider alternate materials and methods of construction. The Board consists of five citizens who live within the corporate limits of the City of Iowa City. ACCOMPLISHMENTS IN FISCAL YEAR 2013 ➢ The Board recommended to City Council to proceed with the adoption of the 2012 edition of the Fire Code as amended. ] El ➢ Continue to work with the Home Builders Association to clarify code issues. ➢ Review and prepare for adoption of the latest edition of the building, plumbing, electrical, mechanical and fire codes. ➢ Monitor state contractor licensing requirements and make any necessary amendments to the local requirements to avoid conflict with the state requirements. ➢ Hear appeals, requests for variances and modification, requests for alternate materials and methods of construction and requests for code amendments. CIVIL SERVICE COMMISSION GENERAL RESPONSIBILITIES Chapter 400 of the Iowa Code and Section 2 -111 of the Code of Ordinances establish and govern the Civil Service Commission. Three citizens who are eligible electors and residents of the city are appointed by the City Council to serve four -year terms. The Commission establishes and publishes rules relating to examinations for civil service positions, establishes guidelines for conducting such examinations and certifies lists of persons eligible for appointment to positions. The Commission has jurisdiction to hear appeals and determine all matters involving the rights of employees under civil service law and may affirm, modify or reverse any administrative action on its merits. The Commission meets when necessary. ACCOMPLISHMENTS IN FISCAL YEAR 2013 1. In maintaining compliance with Code of Iowa Chapter 400, development and use of Civil Services selection procedures continued for all covered positions on a City -wide basis. 40 positions were filled from a total of 402 applicants for Civil Service covered positions other than Police Officer or Firefighter. 2. A certified list of 35 names was approved by the Civil Service Commission on July 3, 2012, for the position of Police Officer. Testing notification postcards were mailed to 767 individuals who expressed interest in the position prior to the beginning of the recruitment period. An online application was available on the Police Officer recruitment website as this was the first year paper applications were not accepted. 317 completed applications were received. 152 applicants participated in the written test or had valid POST scores on file, 132 applicants participated in the Candidate Physical Ability Test (CPAT), and 113 applicants (not counting no -shows & cancellations) were interviewed. 3. A certified list containing 9 names was approved by the Civil Service Commission on October 30, 2012 for the position of Police Sergeant. 10 candidates participated in an assessment center and a written test. 4. A certified list containing 5 names was approved by the Civil Service Commission on October 30, 2012 for the position of Police Lieutenant. 5 candidates participated in an assessment center. 5. A certified list containing 2 names was approved by the Civil Service Commission on October 30, 2012 for the position of Police Captain. 2 candidates participated in an assessment center. 6. A certified list containing 8 names was approved by the Civil Service Commission on October 30, 2012 for the position of Fire Lieutenant. 8 candidates participated in an assessment center and a written test. 7. A certified list containing 4 names was approved by the Civil Service Commission on October 30, 2012 for the position of Fire Captain. 4 candidates participated in an assessment center. 8. A certified list containing 2 names was approved by the Civil Service Commission on October 30, 2012 for the position of Fire Battalion Chief. 2 candidates participated in an assessment center. 9. A certified list containing 3 names was approved by the Civil Service Commission on October 30, 2012 for the position of Deputy Fire Chief. 3 candidates participated in an assessment center. 10. The Commission met on January 8, 2013 to conduct a hearing on George Deatch's appeal of his termination from the position of Cemetery Supervisor. The Commission determined that the position of Cemetery Supervisor was appropriately classified as a Division Head by the City and not covered under Chapter 400 of the Iowa Code. The City's motion to dismiss the appeal was granted by unanimous vote of the Commission. 11. Recruitment activities up to and including candidate pre- screening were conducted for the position of Fire Chief. The full process spanned the transition from FY13 to FY14. As the hiring list was certified in FY14, data will be reported on the next fiscal year's report. a 711L1M181 id(YV_1WM_1 NI) El! 1. Certify hiring list for the position of Fire Chief. 2. During FY14, the Civil Service Commission will oversee entry level tests for the position of Police Officer and /or Firefighter, if needed. HISTORIC PRESERVATION COMMISSION lei 4�14 1.7-114.1 *91i7L1 F91.1111111 *" The 11- member Iowa City Historic Preservation Commission is authorized to conduct studies for the identification and designation of local historic districts, conservation districts and historic landmarks. The Commission proceeds on its own initiative or upon receipt of a petition from any person, group or association. The Commission furthers the efforts of historic preservation in the city by making recommendations to the City Council and City commissions and boards on preservation issues and encourages the protection and enhancement of structures, objects, or sites with historical, architectural or cultural value; and by encouraging persons and organizations to become involved in preservation activities The Iowa City Historic Preservation Commission is committed to cooperating with area governing bodies and working with other preservation organizations to implement a strong educational program designed to increase awareness and sensitivity to the cultural, architectural and historical value of local structures, neighborhoods and districts. The Commission reviews building permits for landmarks and properties within historic and conservation districts. The Commission and staff work to assure compliance with historic preservation standards and guidelines and seek economical and sustainable methods of assuring long -term preservation of historic buildings and neighborhoods. ACCOMPLISHMENTS IN FISCAL YEAR 2013 ➢ Held 13 regular meetings ➢ Pursuant to the Historic Preservation Ordinance, the Commission and /or staff reviewed 93 projects on historic landmarks and properties located in a conservation or historic district: o 42 applications for Certificates of Appropriateness (COA) were approved by the [COT, or, ITKI .i 0 1 application for a COA was denied by the Commission. 0 11 applications requiring Intermediate Review for a COA were approved by the Commission Chair and Staff. 0 16 applications requiring Minor Review for a COA were approved by Staff. 0 23 applications for projects that did not significantly change the exterior appearance of the property were approved (Certificate of No Material Effect) by the Commission Chair and Staff. ➢ At the request of FEMA participated in the Section 106 review and the Memorandum of Agreement (MOA) regarding the permanent relocation of the University of Iowa Art Building, Hancher Auditorium, Voxman School of Music and Clapp Recital Hall. ➢ On November 9, 2012, The Historic Preservation Commission, Friends of Historic Preservation, and the Johnson County Historical Society held the 301h Annual Historic Preservation Awards. o A total of 27 properties were recognized for the preservation and stewardship efforts of owners, contractors, craftspersons, consultants, and community organizations. Awards were given in five categories: Residential Rehabilitation, Paint and Exterior Finishes, Additions and New Construction, Stewardship and Special Mention. A selection of recognized properties is presented on the following page. PLANS FOR FISCAL YEAR 2014 Pursue the designation of the Melrose Neighborhood as a local Historic District Overlay (OHD) zone. ➢ Pursue the designation of Horace Mann Conservation District at the request of the Northside Neighborhood Association. ➢ Continue to advise City Council and other boards and commissions regarding matters of historic preservation policy. ➢ Continue liaison and cooperation with the City Council, Johnson County Board of Supervisors, Iowa City /Coralville Convention and Visitors Bureau, Johnson County Historical, Society, Johnson County Historic Preservation Commission, State Historical Society of Iowa, and Friends of Historic Preservation. ➢ Meet with the University of Iowa Campus Planning Committee to discuss the Historic Preservation Plan and goals for the preservation of the University's historic structures. Paint & Exterior Finishes J j u i r 225 FAIRCHILD STREET On the corner of Linn and Fairchild, this once grand home was a rental for many years. Now a single family residence, it has been beautifully restored. The owner has restored the ornate woodwork inside and outside, and the exterior has been artfully painted. Residential Rehabilitation Additions & New Construction NORTH MARKET SQUARE PARK, 600 FAIRCHILD STREET A public improvement project, with neighborhood support and involvement, North Market Square Park is now a popular destination. Walking paths were updated, equipment changed, and landscaping redone. Most noticeably a gazebo was added in the park that fits into the aesthetics of the neighborhood and serves as the centerpiece for the park. Residential Rehabilitation Additions & New Construction 818 N LINN STREET In the Brown Street Historic District, an addition was added to the back of this house expanding the master bedroom and bath. More apparent from the street, the owner also added a new garage which fits the original style of the house. The entire project allowed for an integrated and seamless feel between the old house and the new. Stewardship iUl -ILIA 11 *101&11:74:1�i4akl [H1144.1 111. 14AGIsll:ILIMi101HIi111d11CA018111a1RLAI The St. Thomas More Rectory is one of the recent historic preservation success stories in Iowa City. When repurposing the building for residential use, the owners found it imperative that the original character of the building and property stay intact. Inside all the original trim and millwork was retained. Original doors were rehabilitated for use or left as decorative, non- functioning doors. The original stucco was maintained and a beautiful hardwood floor was uncovered and refinished on the firstfloor. Throughoutthe building, a majority of the stain glass windows were kept intact. GENERAL RESPONSIBILITIES A UniverCity Neighborhood Partnership Project. The house, which had been a three -plex, was converted back into a single family home. The siding of the house was stripped, repaired, and painted. The back porch was completely rebuilt, the sidewalk repaired, and the foundation in the back of the house was also repaired. Both bathrooms and the kitchen were gutted and redone. Carpet was pulled up and the original hardwood floors were revealed. This institution dates from a time when the indigent and mentally ill were thought to need hard work and strict confinement to cure their ills. Inmates were housed in this building, one of the remaining original structures on the farm. The building contains open stalls which housed inmates much like the hogs that were later kept there when it was converted to agricultural uses. Preservation included a new cedar shingle roof with white drop edge, and ice guard along the bottom. Venting was concealed under the roof and below the eaves. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION The Housing and Community Development Commission (HCDC) consists of nine Iowa City residents appointed by the City Council. They represent, as nearly as possible, a cross - section of the Iowa City population in background, ideas, geographic location, age and socioeconomic status. Committee members serve for three years. The purpose of HCDC is to advise the City Council on community needs in general and on the use of Community Development Block Grant (CDBG) and HOME Investment Partnership program (HOME) funds from a citizen viewpoint. To accomplish this, HCDC provides systematic communication between citizens and policymakers with regard to community development projects. The Commission's work has been primarily directed at developing, coordinating, and reviewing the City's activities carried out in conjunction with the City's Consolidated Plan (CITY STEPS). In addition, the Commission reviews the Community Development Division and Iowa City Housing Authority policies and periodically makes recommendations to the Council regarding these policies. I_ C4dLi liLI91V:IiLI4L1 Y1'l1L1Ia MOM &E_1 Vil)k3 In FY13 the City of Iowa City and its sub - recipients expended $1,778,290 in CDBG funds and $746,224 in HOME funds on 47 projects that assisted low- moderate income persons. To ensure that community needs are met, HCDC members monitored projects throughout the year. The City's annual CDBG entitlement amount is approximately $605,000. In May and July of 2011 the City received $2.7 million in CDBG program income. Aniston Village, LP, a Low Income Housing Tax Credit Project in Iowa City, was awarded $2.9 million in Iowa CDBG Disaster Recovery Housing Funds through the Iowa Economic Development Authority (IEDA) to finance the construction of 22 homes for affordable rental housing. When Aniston Village LP secured permanent financing, $2.7 million was repaid to the City and IEDA allowed the City to retain the funds as program income to be used in the City's regular CDBG entitlement program. This amount represents over four times the City's annual CDBG entitlement amount. Due to the inclusion of these funds, many projects initiated in FY12 were completed in FY13. Leverage and beneficiary information for projects that were completed in FY13 are reported in this report. Some of these projects include Wetherby Condos South LLC (Rental Rehabilitation), Shelter House (Rental Rehabilitation), Isis Investments LLC (Rental Housing), City of Iowa City, Fairmeadows Park (Splash Pad and Improvements), Crisis Center (Parking Lot), and Iowa Valley Habitat for Humanity (Property Acquisition — Employment Training). FY13 project accomplishments are as follows: ➢ Leveraged $5,334,124 in private and public funds ➢ Economic Development Fund — Funded three new businesses creating 20.5 FTEs, reviewed two additional business applications and approved a loan to Max Effect scheduled to open in FY14. Staff continued to market the fund to the community and local lenders ➢ Rehabilitated 26 owner occupied homes ➢ Constructed and sold two homes to income eligible homebuyers ➢ Rehabilitated 64 existing rental homes for low- moderate income households ➢ Constructed 12 new rental homes for low- moderate income households, four of the units targeted to those with disabilities ➢ Acquired 22 units for affordable rental homes for low- moderate income households ➢ Assisted 1,143 persons who are homeless with support services and shelter upgrades ➢ Provided operational funding to non - profits that assisted 314 persons ➢ Completed improvements to six non - profits facilities. The missions of these agencies include assisting those with a chronic mental illness, substance abuse treatment, homeless services, support for persons in crisis and in need of health services, and employment training. ➢ The City completed the Fairmeadows Park splash pad as well. Fairmeadows Park — Splash Pad HACAP — New Playground Wetherby Condos — Rehabilitation of 56 rental units 1 . •nlw- PLANS FOR FISCAL YEAR 2014 A total of $1,117,039 was allocated to 12 projects, plus program administration for FY14. The following is a list of the upcoming projects: ➢ Property Acquisition for Rental Housing —Charm Homes LLC, $61,650 ➢ CHDO Operating Expenses —The Housing Fellowship, $17,630 ➢ Owner - occupied Housing Rehabilitation —City of Iowa City, $502,007 ➢ Facility Rehabilitation — Iowa City Free Medical Clinic, $25,000 ➢ Facility Rehabilitation — Mayor's Youth Empowerment Program, $70,000 ➢ Facility Rehabilitation — MECCA, $23,850 ➢ Playground Improvements — Neighborhood Centers, $55,000 ➢ Economic Development Fund, City of Iowa City, $41,714 ➢ Economic Development Fund, Building Change, $47,704 ➢ Operational Funds — Aid to Agencies (DVIP, MECCA, and Neighborhood Centers), $100,000 In FY13, HCDC was asked by the City Council to review the Aid to Agencies applications and formulate a funding recommendation to the City Council. The City of Iowa City provides financial support to local human service agencies through the Aid -to- Agencies allocation in the annual budget. For FY13 that amount was $391,829. The sources of funding are the General Fund ($274,173), Community Development Block Grant ($91,000), and Water and Wastewater utility bill abatements ($26,656). The agencies primarily use these funds for operational expenses such as utilities, staff salaries and supplies for their programs. The following agencies received FY13 Aid to Agency funds: ➢ 4C's Childcare, $2,000 ➢ Big Brothers Big Sisters, $32,000 ➢ Compeer, $5,000 ➢ Crisis Center, $40,000 ➢ Domestic Violence Intervention Program, $50,000 ➢ Elder Services, Inc., $52,000 ➢ Four Oaks, $1,000 ➢ Free Lunch Program, $2,000 ➢ Free Medical Clinic, $7,500 ➢ Housing Trust Fund, $8,000 ➢ MECCA, $18,950 ➢ Neighborhood Centers, $60,000 ➢ Pathways Adult Daycare, $4,879 ➢ Rape Victim Advocacy, $12,000 ➢ Shelter House, $36,500 ➢ United Action for Youth, $60,000 In FY14, the City awarded $378,700 in Aid to Agencies funding to 19 agencies. These funds consisted of $250,000 from the General Fund, $100,000 from CDBG and $28,700 from Utility User Fees. The commission will continue to assess Iowa City's community development needs for housing, jobs, and services for low and moderate income residents, and to promote public and private efforts to meet such needs. COMMISSION MEMBERS Andrew Chappell, Chair Michelle Bacon Curry, Vice Chair Cheryl Clamon David Hacker Jim Jacobson Peter Matthes Dorothy Persson Christine Ralston Rachel Zimmermann Smith HUMAN RIGHTS COMMISSION HISTORY The Iowa City Human Rights Commission (HRC) was established in August 1963 as the Iowa City Human Relations Commission. COMMISSION Nine residents of Iowa City are appointed by the City Council for three year staggered terms. The Commissioners, all committed to civil rights, reflect a broad cross section of the community, thus ensuring diversity of ideas and interests. In the appointment process consideration is given to men and women of various racial, religious, cultural, social and economic groups within the City. MEETINGS The Commission annually elects a Chairperson and a Vice - Chairperson and holds monthly meetings in the Helling Conference Room at City Hall on the third Tuesday of each month at 6:00 p.m. Special meetings are held as needed. The meetings are open to the public. STAFF There are two full time staff, a Human Rights Coordinator and a Human Rights Investigator. GENERAL DUTIES ➢ Disseminate information; educate the public on illegal discrimination and human rights. ➢ Provide the enforcement necessary to further the goals of the Human Rights Ordinance. POWERS ➢ Make recommendations to the city council for such further legislation concerning discrimination as it may deem necessary and desirable. ➢ Educate the public on human rights and illegal discrimination, such as organizing and facilitating educational public forums that address one or more of the broad range of topics included within the rubric of human rights. ➢ Provide the enforcement necessary to further the goals of the Human Rights Ordinance. ➢ Cooperate, within the limits of any appropriations made for its operation, with other agencies or organizations, both public and private, whose purposes are not inconsistent with those of the Human Rights Ordinance. ➢ Coordinate programs designed to eliminate racial, religious, cultural and other intergroup tensions. RECOMMENDATIONS TO COUNCIL Pursue a municipal issued identification card, implemented in a manner to protect the safety of undocumented persons. (December 2012) Adopt signage at City facilities in prominent languages other than English. (December 2012) Pursue other implementations that are consistent with making City services and facilities accessibility to persons who may not speak or read English or who speak or read English as a second language. (December 2012) Revise the Human Rights Ordinance to include restrictions regarding the consumption of alcoholic beverages by those under the legal drinking age or the presence of persons under the legal drinking age in places of public accommodation where alcohol beverages are sold. (May 2013) Maintain the SEATS service of Y priced fare (February 2013) and Sunday services. (June 2013) Revise the Human Rights Ordinance to include an exception in public accommodation for developmental differences based on age. (June 2013) City Council to direct the City Manager to implement the recommendation of the equity report section of the Ad Hoc Diversity Committee completely, which states that the report format and composition shall be developed by the City Manager in consultation with the City Council, the City of Iowa City Human Rights Commission, and any other committees determined by the City Council. The equity reports are not to assess implementation as they are generated to assess outcomes, and the Iowa City Human Rights Commission is very interested in the assessment of the outcomes from these efforts. (June 2013) MAYOR'S PROCLAMATIONS Human Rights Day (December) Martin Luther King, Jr. Day (January) African - American History Month (February) Women's History Month (March) Days of Remembrance (April) Sexual Assault Awareness Month (April) Juneteenth National Freedom Day (June) ACCOMPLISHMENTS & ACTIVITIES 1. Staff received fair housing training on accessibility requirements, service and emotional support animals and legal issues involving landlords and tenants on July 23, 2012. The training was held at the Coralville Public Library, 2. On July 11, 2012, staff attended Push America /Journey of Hope at The Arc of Southeast Iowa. Push America /Journey of Hope is a cross country bicycle trek from San Francisco to Washington DC, in which 35 members of Pi Kappa Phi spread a message of hope and acceptance for people with disabilities. Participants viewed the documentary Certain Proof. Certain Proof features three children living with significant disabilities and their families' individual challenges and triumphs. 3. Staff attended the 22 n" Anniversary Americans with Disabilities Act Celebration held on July 28, 2012 at the Coral Ridge Mall. 4. The Commission co- sponsored One Community, One Book along with several other organizations including the University of Iowa Center for Human Rights. The 2012 selected book was The Latehomecomer: A Hmong Family Memoir by Kao Kalia Yang. 5. Staff hosted student legal interns from the University of Iowa College of Law for both the fall and spring semesters. 6. Staff attended the Shift Speaker Series hosted by Diversity Focus on August 7, 2012. The featured speaker was Geoffrey Canada, President & CEO of Harlem Children's Zone. 7. The Commission served as a presenter at the 411 on the 5 -0 held at The Spot on August 30, 2012. 8. The Commission co- sponsored the 19`h Annual Iowa Women's Music Festival along with numerous other organizations. The festival was held on September 1, 2012 in Upper City Park. 9. Staff assisted in some organizing for the Breaking Barriers: A Diversity /Fair Housing Summit sponsored by the Fair Housing Ambassadors of the Iowa City Area Association of Realtors. The training was held on September 19, 2012 in Coralville. 10. The Commission wrote a letter to University of Iowa President Sally Mason in support of keeping the University of Iowa Center for Human Rights open on campus. Letter dated October 2, 2012. 11. Staff participated in a Succession Planning Retreat sponsored by the City of Iowa City at the Ned Ashton House in Iowa City on September 19, 2012. 12. Staff participated in training on Employment Practices on October 3, 2012. The program was sponsored by the Iowa State Bar Association. 13. The Commission co- sponsored with numerous other organizations the Strengthening and Valuing Latino /Latina Communities in Iowa Professional Development Institute and Youth Summit held October 11 -12, 2012 at West High. 14. The Commission held its Annual Human Rights Breakfast on October 30, 2013. Chad Simmons, Executive Director of Diversity Focus was the keynote speaker. Recipients were Tom Widmer (Isabel Turner Award), David Leshtz (Linda Severson Award), Robin Armstrong (Kenneth Cmiel Award), University of Iowa Center for Human Rights (Community Award), Joan Vanden Berg (Rick Graf Award). 15. Staff assisted in organizing the 2013 University of Iowa's Dr. Martin Luther King, Jr., Celebration of Human Rights in the fall of 2012. 16. Staff participated in training on language access compliance under the Civil Rights Act of 1964 Title 6 entitled Keeping It Legal. The program was held on December 5, 2012. 17. Staff updated contact information for the database United Way 2 -1 -1. To ensure better outreach to the community and social service agencies. The information was updated on November 14, 2012. 18. Staff served as a group facilitator in the My Beautiful Self- Program held on December 1, 2012. The My Beautiful Self- Program is an uplifting program for young women as they continue to discover who they are and who they want to be in the future. 19. The Commission participated in the International Human Rights Day held on the Pentacrest on December 10, 2012. 20. Staff coordinated with the University of Iowa Student Legal Services to have a link to the Human Rights website on its website for greater exposure to the student community at the University of Iowa. This was coordinated on January 2013. 21. Staff provided Commission training to newly appointed Commissioners Joe D. Coulter and Jessie Harper, on January 15, 2013. 22. The governmental channel continued to broadcast information sent by staff on discrimination and harassment along with the contact information for the office. 23. Staff conducted outreach training at the Shelter House on fair housing and illegal discrimination on January 10, 2013. 24. Staff participated in a training Boss's Guide to Performance Appraisals to better assist when conducting training activities for local businesses. The training was held on January 17, 2013. 25. Staff presented to an introductory class on Human Rights at the University of Iowa at City Hall on January 29, 2013. 26. The Commission initiated future meetings with the Iowa City Community School District Board to discuss the Diversity Policy in February 2013. 27. The Commission co- sponsored along with several other organizations The Emma Goldman Clinic: Choice Event 2013. Heather Ault was the keynote speaker at the event held on February 1, 2013. 28. The Commission sponsored Building Communities on February 7, 2013 at the Iowa City Public Library Meeting Room A. From this meeting several community subcommittees were formed to address concerns in the areas of housing and education. 29. Staff attended a Black History Read In held at the Coralville Public Library on February 14, 2013. 30. Staff started courses on conversational Spanish at Kirkwood Community College to better interact with Spanish speakers who call or visit the office. The course started in March 2013. 31. Several Commission members participated in Roll the Dice a free training that educated participates on the causes and effects of racial disproportionality as it is found across many systems. The program was held on March 7, 2013. 32. The Commission participated and co- sponsored along with several other organizations The United Nations -Iowa Night of 1000 Dinners in celebration of International Women's Month. The event was held at the Old Brick on March 7, 2013. 33. The Commission sponsored a Lunch & Learn on the United States Department of State entitled A Conversation About My Experience In It on April 2, 2013 at the Iowa City Public Library Meeting Room A. 34. Staff participated in meetings with University of Iowa Law Professor Len Sandler to discuss initiatives to address housing discrimination in Iowa City in the spring 2013. 35. Staff, as part of a request from a Boy Scout (Troop 2000) participated in an interview on the Iowa City Community School District's Diversity Policy on April 5, 2013. 36. The Commission coordinated and co- sponsored the Building Blocks to Employment Job Fair held on April 18, 2013 at the Eastdale Plaza and The ABC's of Researching & Applying for o Job in 2013 held at the Shelter House on April 16, 2013. 37. The Commission sponsored a Fair Housing Training. The free training discussed the types of discrimination that occur in housing. The training also discussed the Americans with Disabilities Act Amendments Act as it pertains to housing. The training was held at the Iowa City Public Library Meeting Room A and was well attended on April 23, 2013. 38. Staff attended the Police Citizen's Review Board Community Forum on April 23, 2013 at the Iowa City Public Library Meeting Room A. 39. In May 2013, staff updated the City's Contract Compliance Program which requires equal employment opportunity in all City contract work. 40. The Commission sponsored its 101h Annual Iowa City Human Rights Commission Youth Awards on May 15, 2013. The Mayor Matthew Hayek served as the keynote speaker. The event recognized over 102 area youth. The Youth Ally Award established in 2012 received no nominations this fiscal year. 41. Staff continued to place advertisements in the Press Citizen and Daily Iowan to alert that discrimination is against the law. The advertisement also promotes the Commission as a community resource. 42. Staff hosted a student legal intern from the University of Iowa College of Law over the summer of 2013. 43. The Commission participated and gave support to Iowa City Pride Day held on June 15, 2013 in downtown Iowa City. 44. The Commission partnered with the Iowa City Public Library to sponsor an event to kick - start the Iowa City Book Festival to be held in October 2013. The program will center on the Iowa City Book Festival selected book The Immortal Life of Henrietta Lacks. Henrietta Lacks was an African - American woman who was the unwitting source of cells which were cultured to create an immortal cell line for medical research known as the HeLa cell line. 45. Staff presented to the Phillip G. Hubbard Prep Program at the University of Iowa College of Law. The presentation entitled Human Rights on the Local Level was held on June 21, 2013. 46. The Commission participated and co- sponsored the Iowa City Area Juneteenth Celebration along with numerous community organizations. The event was held on June 29, 2013. OVERVIEW OF THE COMPLAINT PROCESS The City Code of Iowa City prohibits discrimination in education, housing, employment, public accommodation and credit. The characteristics covered are: age, color, creed, disability, familial status *, gender identity, marital status, national origin, presence /absence of dependents *, public assistance source of income *, race, religion, retaliation, sex, and sexual orientation. *Housing only. Staff of the Human Rights Commission investigate complaints alleging discrimination. They serve as a neutral fact finder and do not represent either party in the complaint process. 1. Filing: The complainant (the person who alleges the discrimination) fills out, signs and dates a complaint form. 2. Jurisdictional Review: A dated and signed complaint is reviewed by staff to determine whether it meets the legal requirements of the Iowa City Human Rights Ordinance. A complaint must be filed within three - hundred days of the last discriminatory act. a. If the complaint does not meet jurisdictional requirements, the complainant is notified and the complaint is closed. 3. Notice: A copy of the complaint is mailed to both the complainant and the respondent within twenty days of the file date along with a questionnaire and document request. 4. Answer: The respondent is required to answer the allegation of discrimination and submit any requested records or relevant documents within thirty days of receipt. 5. Right to sue: After the complaint has been on file for sixty days, the complainant has the option of pursing the matter in a state district court. If this option is taken, the Human Rights Commission staff close the complaint and no further action is taken. 6. Screening: All information is reviewed to determine whether further investigation is warranted. 7. After reviewing materials responsive to the questionnaire /document request, the human rights office determines whether the complaint warrants further investigation. If the human rights office finds there is a reasonable possibility of a probable cause determination or the legal issues present in the complaint need further development, the human rights office promptly resumes the investigation of the complaint. A complaint determined by the human rights office not to warrant further processing by the human rights office is administratively closed. The complainant and respondent are promptly notified of the administrative closure. A complainant may object to the administrative closure within ten (10) days of service by filing a written request for review that states the basis for the objection. If, after review by the human rights office, it is determined that the complaint does not warrant further processing, the human rights office will close the file and notify the complainant and respondent of the final decision of administrative closure. 8. Further Investigation: Both complainant and respondent may be interviewed and additional records requested. Witnesses and other persons with knowledge concerning the allegations in the complaint may also be contacted and interviewed. When the investigation is complete, the investigator will analyze all the collected information and write an investigative summary with a recommendation at the end as to whether probable cause exists. 9. Finding: The Human Rights Coordinator reviews the complaint file and the investigative summary and makes a final decision on whether probable cause exists. a. If probable cause is found, the complaint will move to conciliation. b. If probable cause is not found, staff informs both the complainant and respondent of the basis for the decision. 10. Conciliation: The Human Rights Coordinator attempts to conciliate or settle the complaint. 11. Public Hearing: When conciliation is unsuccessful, the complaint will be reviewed by the City Attorney who shall form an opinion as to whether the complaint is litigation worthy and make a recommendation to two Commissioners. If both members of the Commission wish to proceed contrary to the recommendation of the City Attorney, the Commissioners may authorize the Human Rights Coordinator to do so. COMPLAINT STATISTICS Please note some complaints filed in fiscal year 2012 were closed in fiscal year 2013. Some complaints which were filed in fiscal year 2013 had not been closed by the end of fiscal year 2013, creating the difference in numbers between those opened and closed. Most complaints filed cite more than one basis for discrimination so totals will equal more than 43. COMPLAINT ACTIVITY: COMPLAINTS FILED BY PROTECTED CHARACTERISTIC COMPLAINTS FILED BY AREA Credit FY 2011 FY2012 Age 12 15 Color 11 13 Creed 1 0 Disability 15 22 Familial Status 2 8 Gender Identity 2 2 Marital Status 6 5 National Origin 6 3 Presence /Absence of Dependents 5 7 Public Assistance Source of Income 5 1 Race 21 19 Religion 4 4 Retaliation 20 19 Sex 14 8 Sexual Orientation 5 3 COMPLAINTS FILED BY AREA Credit 1 0 Education 0 3 Employment 27 30 Housing 4 14 Public Accommodation 20 12 Total Cases 52 59 RESOLUTIONS Mediated 5 2 No Probable Cause 9 7 Administrative Closure 9 8 Right To Sue 0 0 Lack of Jurisdiction' 3 5 Satisfactorily Adjusted 0 0 Withdrawn 0 2 Total Number of Resolutions 29 24 *Complaints that are mediated, satisfactorily adjusted, or where a right to sue is requested reflect complaints that could have been probable cause determinations. SUMMARY Employment is the largest area in which complaints were filed (27), followed by public accommodation (20) and housing (4). Race (21) is the most common characteristic cited for the alleged discriminatory conduct. Disability and sex follow with (15) and (14) respectively. It took on average, 192 days to resolve complaints in fiscal year 2013. In comparison, (30) complaints were filed in the area of employment, (14) in housing and (12) in public accommodation in fiscal year 2012. The characteristic cited the most for the reason for discrimination was disability (22), followed by race (19), and then age (15). It took on average, 222 days to resolve complaints in fiscal year 2012. ' `Lack of Jurisdiction' refers to complaints that allege discrimination on a basis or in an area not covered by local law. Lack of jurisdiction could also include complaints that allege conduct/activity that even if true would not violate local anti- discrimination laws. Complainants are referred to appropriate agencies for assistance whenever possible. Examples would include Wage & Hour, the Family Medical Leave Act, or Workers Compensation. COMPLAINANT DEMOGRAPHICS' Age: National Origin: Race: Under2l American 6 White 16 Over 21 21 Chilean 1 Black /African- American 13 Over60 8 Honduras 1 American Indian 1 Belgian 1 Hispanic 3 Asian 2 Sexual Orientation: Sex: Homosexual 1 Female 15 Male 19 Marital Status: Disability: 6 Single 2 I9� F'lld�7;7 d RI�e1 \7 �e1 ;iI�F C! ➢ Contact neighborhood associations and area service providers to encourage more public outreach to those who believe they have been discriminated against. ➢ Fair housing materials distributed to landlords and managers to bring attention to unfair housing practices and the ramifications for non - compliance. ➢ Advertisements will continue to be placed at City facilities (including transit) and in local newspapers to alert the public to unlawful discrimination. ➢ Develop or assist in forums to educate the public on human rights and discrimination. ➢ Proclamations for Black History Month, Women's History Month, Fair Housing and others as determined by the Commission. ➢ Engage in public outreach to determine people's perception of human rights in Iowa City. ➢ Speak with different groups in Iowa City to assess level of need and areas of concern. ➢ Increased outreach on housing discrimination. ➢ A free public training on the Americans with Disabilities Act Amendments Act with a focus on Title 1 (employment). ➢ Participate in projects celebrating diversity and providing human rights education. ➢ Work with Community Development to identify impediments to fair housing. ➢ Training to the community on public accommodation discrimination. ➢ Outreach to the community on how to file a civil rights complaint. ' Requested information is optional therefore some complainants opt to not provide demographical information. COMMISSIONERS Orville Townsend, Sr. Chair January 1, 2011 — January 1, 2013 Jewell Amos June 19, 2013 — January 1, 2015 Andrea Cohen July 23, 2013 — January 1, 2016 Joe D. Coulter January 1, 2013 — January 1, 2016 Diane Finnerty January 1, 2011 — January 1, 2013 Shams Ghoneim January 1, 2012 — January 1, 2015 Kim Hanrahan January 1, 2012 — January 1, 2015 Harry Olmstead, Vice Chair January 1, 2013 — January 1, 2016 LIBRARY BOARD OF TRUSTEES GENERAL RESPONSIBILITIES The Board of Trustees of the Public Library is a semi - autonomous body of nine persons empowered by state law and city ordinance to act as the governing body of the library. The Board's specific list of legal responsibilities includes: ➢ Determining the goals and objectives of the Library in orderto plan and carry out library services ➢ Determining and adopting written policies to govern all aspects of the operation of the Library ➢ Preparing an annual budget and having exclusive control of all monies appropriated by the City Council and the Johnson County Board of Supervisors or given to the library through gifts, bequests, contracts, grants or awards ➢ Employing a competent staff to administer its policies and carry out its programs The Board is also an arm of City Government with members appointed by the City Council and its principal operating funds approved by the City Council. The Board therefore seeks at all times to work in harmony with City policies in all areas that do not conflict with its statutory powers. /_Cdd81MA12ll 1LTAI4L1 Y &1'1d07AaCPL1MA_1:iQ6R3 1. Completed Phase 1 of building renovations while remaining open and with minimal disruption to service. 2. Supported strategic plan initiatives including new switchboard service, Pop -Up Tech sessions, ability to place on -shelf items on hold, more self -check stations, and offering online registration for Summer Reading Program. 3. Advocated for budget needs at the City Council budget session. 4. Improved communications through better management of social media, continued regular presence on radio programs and presentations at civic groups, more user friendly newsletter, and planning for electronic signage. 5. Continued support of the Iowa City UNESCO City of Literature nonprofit through financial and in -kind contributions. Participated in the Iowa City Book Festival, Day in the City of Literature, and the One Book Two Book children's literature festival. 6. Introduced innovative programs for children including Strong Girls Read Strong Books, Coder Dojo computer coding club, and Sensory Storytimes. Revamped the design of the Summer Reading Program to provide incentives to reluctant readers. 7. Debuted the Digital History Project. 8. Reached out to local homeschoolers to share information about the library. 9. Offered in-depth assistance with technology through Drop In Tech Support. 10. Worked with the Iowa City Public Library Friends Foundation to provide support for the Library. The Foundation contributed $125,000 toward the Better Building Better Service building project in June. 11. Reviewed and updated the following policies: a. 401 Finance b. 505 Volunteer c. 801 Circulation d. 806 Meeting Room e. 807 Media Use f. 809 Conduct g. 814 Copyright h. 816 Library Access for Sex Offenders Convicted of Sex Offenses Against Minors i. 817 Alcohol in the Library GOALS FOR FISCAL YEAR 2014 1. Complete Phase 2 of the building renovation project. 2. Lead a strategic planning process and approve a new plan. 3. Support Friends Foundation efforts to increase contributions to the Library to provide needed support for services and programs. 4. Advocate for operating budget needs during the City budget process. 5. Accomplish strategic planning goals. 6. Host Iowa Library Association (ILA) reception in October. 7. Offer new programming options for teens and involve more children in the Summer Reading Program. 8. Strengthen communication with City Council, contracting bodies, library users, and community members. 9. Support the Iowa City UNESCO City of Literature and Iowa City Book Festival. 10. Review and update policies as needed. Board Members: Meredith Rich - Chappell, President Holly Carver, Secretary Thomas Dean Mark Edwards, Vice President Linzee Kull McCray Thomas Martin Mary New Robin Paetzold Jay Semel PARKS AND RECREATION COMMISSION GENERAL RESPONSIBILITIES The Parks and Recreation Commission recommends and reviews policies, rules, regulations, ordinances and budgets relating to parks, recreation, government buildings, central business district, cemetery and forestry, and makes such reports to the City Council as the Commission deems in the public interest. The Commission also exercises broad responsibility for the development of parks, recreation centers, playgrounds and cultural facilities to serve the City, including the creation and appointment of advisory groups to make studies. ACCOMPLISHMENTS IN FY 2013 ➢ Received copies of regular monthly reports from the Parks, Forestry, CBD, Recreation and Cemetery Divisions, providing the Commission with valuable insight into the daily operation of each division. ➢ Received weekly and monthly reports from the Director on the progress of all- ongoing projects, construction, etc. ➢ Conducted annual tour of parks and facilities. ➢ Recommended to City Council approval of Recreation Division Fees and Charges proposed for FY14 and tentative proposals for FY 15 -16 ➢ Reviewed and prioritized the department's proposed Capital Improvement Projects for FY2014 -2016, and recommended same to City Council. ➢ Reviewed the department's proposed FY14 operating budget requests. ➢ Continued efforts to acquire additional personnel to maintain and develop parkland, trails and open spaces, with emphasis on a Natural Areas Specialist. PROJECTS AND SPECIAL EVENTS COMPLETED IN FY13 INCLUDE ➢ The Commission accepted land in lieu of fees in the Peninsula Neighborhood. ➢ Commission spoke with neighborhood members about the proposed flood mitigation for Taft Speedway. Commission was asked to take a stance against any flood mitigation proposals for this area. ➢ North Construction was awarded the bid for the east entry remodel of the Robert A. Lee Community Recreation Center. ➢ Fin & Feather signed a contract to run concessions from the marina building at the Terry Trueblood Recreation Area. ➢ Staff met with the State regarding FEMA update and an adaptive re -use plan for the Ashton House. ➢ Construction of a new access road into Thornberry Off -Leash Dog Park began. ➢ Commission moved to consider a partnership with the Friends of Chadek Park & Community Gardens to purchase the Chadek property as parkland with part of the funds coming from the City and the remaining funds from fundraising with the price to yet be determined based on an appraisal as the property is currently zoned. ➢ Neighborhood members returned to commission to discuss their concerns about flood mitigation on Taft Speedway. Commission discussed whether this is within their purview. It was determined that because the river is involved in general recreation of the community that it does fit within the Commission's purview. ➢ Staff introduced the Blue Zones project to the Commission. This program "aims to adopt the lifestyle principles of these areas to transform American cities and towns into Blue Zone Communities, where people can live longer, better lives." The desire is to designate Iowa City as a Blue Zone City. ➢ On September 17, 2012 the department held a ribbon cutting ceremony for Court Hill Trail. ➢ Six of eight commission members moved and approved that the Commission make a recommendation to Council that they consider the aesthetics, danger to bikers, walkers and runners, and the risk of increased danger of damage that displaced water may cause to City Park and surrounding areas when choosing a method of flood mitigation. ➢ Six of eight commission members moved and approved that the Commission oppose the construction of a levee of any kind in the area of Taft Speedway. ➢ Seven of eight commission members agreed that the Commission request that Council work out a contract with the nonprofit group to establish the parameters and terms of a financial commitment for purchasing the Chadek property for future parkland. ➢ Commission also suggested that Council consider the proposal submitted by a nonprofit group to purchase the Chadek property through matching funds to include $280,000 from the nonprofit group and $280,000 from the City with the terms to be determined. This motion passed 6 to 2. ➢ Staff announced that City Manager would like the farmers market to become completely self- supporting. ➢ The Parks and Recreation Department started training on a new software program for class registration and facility reservation. ➢ Department began creating a plan for rentals at The Park Lodge at Terry Trueblood Recreation Area and the Ashton House. ➢ Clay Claussen is nominated and elected as the Parks and Recreation Commission Chair. ➢ Joe Younker is nominated and elected as Vice -Chair of the Parks and Recreation Commission. ➢ The Parks and Recreation Department implements the new ActiveNet software for class registration and facility reservations. ➢ Vision Iowa agrees to a six month extension for raising the necessary funds to secure the grant received for the construction of the Terry Trueblood Recreation Area. ➢ It is announced that the Grant Wood Market will take place in March and April only this year due to lack of interest during the winter months. ➢ Staff will be writing a request for proposal seeking to contract with an events coordinator to assist in running the reservations /events at The Park Lodge at Terry Trueblood Recreation Area and the Ashton House. ➢ An ADA audit will be conducted of the Robert A. Lee Recreation Center, Mercer Park Aquatic Center and City Park Pool. ➢ Commission began discussion of The Chauncey after Council approves the project. ➢ Chairman Claussen and Vice Chairman Younker from the Commission contacted Mayor Hayek regarding the idea of the City matching funds with the fundraising group to purchase the Chadek Property. ➢ Mike Kaeser, Secretary for the Parks & Forestry Divisions, reported on the Adopt -A- Park Program. She noted that there were over 1300 volunteer hours recorded in 2012. This program began in 1992. ➢ Staff shared a proposal that the recreation department begin implementing a pass program to acquire entry into the buildings. It would be required for patrons using the game room, gymnasium or exercise room check in at the game room desk before entrance. Patrons attending classes, lessons, facility rentals and special events would be exempt from needing a pass. ➢ Commission began discussion of updating the department Master Plan. The original plan was written 2008 with a recommendation that an update be done in five years. ➢ Iowa City was named a Blue Zone Community. ➢ It was determined that the Friends of Chadek Park and Community Gardens would have to raise their half of the funds to purchase the Chadek Property prior to the City coming to any agreement. ➢ Commission moved and approved that the Parks and Recreation Department implement a pass system for Recreation Center access. ➢ Moran announces that the Parks and Recreation Department, the city Transportation Services and the Downtown District have launched an "Ambassadors Program" in downtown Iowa City. The idea is to provide more personal service to the community. Staff would be required to wear shirts identifying them as Ambassadors. . ➢ The department entered the initial phase of the City Park Pool renovation project. ➢ Staff met with the Normandy Drive neighborhood to discuss the placement of a secondary access road into City Park. It was determined that this project will be delayed until there is a definite plan in place for Dubuque St. and the Park Road bridge. ➢ Commission approved proposed improvements for the Hospice Memorial that is located at Willow Creek Park. ➢ The Parks and Recreation Department will take over the staffing of the amusement rides located at City Park. In the past these rides have been contracted out to various nonprofit groups. ➢ Construction of the Fairmeadows Splash Pad is underway. The neighborhood is planning a grand opening event in June. ➢ A new farmers market begins at Mercer Park on Tuesdays from 3 -6 p.m. The City Neighborhood Services Coordinator will be running this market. ➢ Commission began regular discussion regarding the proposed Chauncey building and its effects on the park as well as the Farmers Market. The Commission will have Planning Department staff attend their meetings on a regular basis to update the group on the progress of this project. ➢ An underground irrigation system was placed at Thornberry Off -Leash Dog Park. ➢ Department and Commission began plans for the grand opening event of the Terry Trueblood Recreation Area in August 2013. PLANNING AND ZONING COMMISSION GENERAL RESPONSIBILITIES ➢ Act as the Zoning Commission of the City. ➢ Direct surveys and studies to be conducted and maps, plans, or plats to be made compliant with the City's Comprehensive Plan and zoning regulations. ➢ Recommend amendments and supplements to the City Council for the Comprehensive Plan, Zoning Chapter and Subdivision Regulations. ➢ Make recommendations to the City Council on development proposals, such as planned developments, subdivisions, street vacations and annexations. ACCOMPLISHMENTS IN FISCAL YEAR 2013 During FY13 the Planning and Zoning Commission held 11 informal and 22 formal meetings. During the period of July 1, 2012 to June 30, 2013, the Commission made the following recommendations to the City Council: Rezonings: 26 Recommendations for Approval Case Number Date Case Summary REZ12 -00013 7/19/2012 Rezoning of 2.0 acres of land located along the south side of Highway 1 West, west of Shirken Drive, from CI -1 to CC -2. REZ12 -00014 8/16/2012 Designate 518 Bowery Street as an Iowa City Historic landmark Rezoning of approximately 172 acres of land from Interim Development — Research Park (ID -RP), Planned Development — Mixed Use (OPD -MU), Planned Development — Research Development Park (OPD -RDP), and REZ12 -00005 & Planned Development — Office Research Park (OPD -ORP) to approximately REZ12 -00006 9/6/2012 15.8 acres of Planned Development — Highway Commercial (OPD- CH -1), 27.97 acres of Research Development Park, and 129.12 acres to Interim Development — Research Park (ID -RP) located west of Highway 1 and north of Interstate 80. (Moss) Rezoning from Intensive Commercial (CI -1) zone to Community Commercial REZ12 -00020 9/20/2012 (CC -2) zone for approximately 1.1 -acres of property located at 2225 Mormon Trek Boulevard. Rezoning of approximately 1.3 acres of property at 1030 Williams Street REZ12 -00023 10/4/2012 from Overlay Design Review - Commercial Office (ODR -CO -2) zone to Overlay Design Review - Medium Density Multifamily (ODR- RM -20) zone. (Senior Housing) REZ12 -00022 10/4/2012 Amendment to the Preliminary Planned Development Overlay (OPD) Plan for Saddlebrook Meadows Part 1 to allow up to six single -story models. Case Number Date Case Summary Rezoning from a Low Density Single Family (RS -5) zone to Low Density REZ12 -00025 11/8/2012 Multifamily (RM -12) zone located at 1" Avenue north of Rochester. (Jeff Miller) Rezoning to amend the Planned Development Overlay Medium Density REZ12 -00024 10/15/2012 Single Family (OPD -8) Plan to change townhouse style units to zero lot line dwellings located at Camp Cardinal Boulevard, Ryan Court and Preston Lane. REZ12 -00027 11/15/2012 Designate the Jefferson Street National Register Historic District as an Historic District Overlay Zone (OHP). Rezoning of .22 acres of land located at 221 and 225 North Linn Street and REZ12 -00028 11/15/2012 approximately 3200 square feet of property located on the west side of Linn Street, a Mid - American sub - station, from Neighborhood Stabilization Residential (RNS -12) to Central Business District (CB -2). Rezoning from Medium Density Single- family Residential (RS -8), REZ12 -00026 12/6/2012 Neighborhood Public (P -1) and Highway Commercial (CH -1) to Planned Development Overlay /Community Commercial (OPD /CC -2) located at Dodge Street east of Prairie du Chien. (Roberts Dairy/Hy -Vee) Rezoning from Commercial Office (CO -1) zone to High Density Single Family REZ12 -00018 1/17/2013 Residential (RS -12) zone for approximately 1.15 acres of property located at 911 North Governor Street. Rezoning from Multi- family (R3B) zone to High Density Single Family REZ12 -00016 1/17/2013 Residential (RS -12) zone for approximately .47 acres of property located north of 906 Dodge Street. Rezoning from Multi- family (R3B) zone to Medium Density Multi - Family REZ12 -00019 1/17/2013 Residential (RM -20) zone for approximately 1.78 acres of property located at 902 and 906 North Dodge Street. Rezoning from Commercial Office (CO -1) zone to High Density Multifamily REZ12 -00030 2/21/2013 (RM -44) zone for approximately .465 acres of property located 821 East Jefferson Street. A rezoning from County Residential (R) zone to Low Density Multifamily REZ13 -00002 3/7/2013 (RM -12) zone for approximately 2.0 -acres of property located north of American Legion Road and east of Scott Boulevard. Rezoning from Low Density Single Family (RS -5) zone to Low Density REZ13 -00003 3/7/2013 Multifamily (RM -12) zone for approximately 2.83 -acres of property for a total of 4.83 -acres of property located at the northeast corner of Scott Boulevard and American Legion Road. Case Number Date Case Summary REZ13 -00006 3/7/2013 Rezoning approximately .78 acres of property at located at Gilbert Court from Public (P -1) to Intensive Commercial (CI -1). Rezoning of approximately 2.12 acres of land located at the south east REZ13 -00007 3/7/2013 corner of Ruppert Road and Highway 1 West from Intensive Commercial (CI -1) to Community Commercial (CC2). (Aldi) REZ13 -00008 3/7/2013 Designate 529 S. Gilbert Street as an Iowa City Historic Landmark. (The Vine) Rezoning from Commercial Office (CO -1) zone to Community Commercial (CC -2) zone for approximately 2.31 -acres of property and to amend the REZ13 -00005 3/21/2013 Conditional Zoning Agreement for 1.3 -acres of property currently zoned CC -2 located at the southeast corner of the intersection of Broadway Street and Highway 6. (Casey's) Rezoning to amend the Sensitive Areas Development Plan to allow a REZ12 -00032 3/21/2013 reduction in the previously approved wetland buffer on property located at 2845 Mormon Trek Boulevard. (Billion Auto) Rezoning from Institutional Public (P2) zone to Public /Medium Density REZ13 -00001 3/21/2013 Multifamily (P2 /RM -20) zone for approximately 27.8 acres of property located west of Mormon Trek Boulevard, north of Hawkeye Park Drive. Rezoning of 5.23 -acres of land located at 515, 527, 539 Normandy Drive REZ13 -00013 5/2/2013 and 820, 822, 930 Park Road, from Low Density Single - Family (RS -5) zone to Neighborhood Public (P -1) zone. Rezoning of 2.30 -acres of land located southeast of the intersection of REZ13 -00014 6/6/2013 Highway 1 and Sunset Street in the Intensive Commercial (CI -1) zone to amend the Conditional Zoning Agreement. Rezoning from Community Commercial (CC -2) to Mixed Use (MU) for 1.12 - REZ13 -00016 6/20/2013 acres of land located on Eastbury Drive north of Middlebury Road and to defer the applicant's request to rezone the portion of this parcel currently zoned Commercial Office (CO -1) to Mixed Use (MU) indefinitely. Rezonings: 3 Recommendations for Denial Case Number Date Case Summary Rezoning from Public (P -1) zone to Central Business Support (CB -5) zone for REZ13 -00009 4/18/13 approximately 0.38 -acres of property located at the northeast corner of Gilbert and College Streets. Rezoning of 0.69 -acres of land located at 1014, 1016, 1022 Hudson Avenue REZ13 -00011 5/2/13 in the Community Commercial (CC -2) zone to amend the conditional zoning agreement regarding access to Hudson Avenue. Rezoning of 2.23 -acres from Low Density Single - Family (RS -5) zone to Low Density Multi - Family (RM -12) zone and 0.85 -acres from Low Density Single - REZ13 -00012 6/6/13 Family (RS -5) zone to Community Commercial (CC -2) zone north of Muscatine Avenue, west of Scott Boulevard. (Hieronymus) Subdivisions: 7 Recommendations for Preliminary Plat Approval Case Number Date Case Summary Moss Office Park, a Not, approximately 243 -acre commercial and SUB12 -00003 9/20/2012 office park subdivision located north of Interstate 80 and west of Highway 1. A 2 -lot 8.21 -acre commercial subdivision at Dodge Street east of SUB12 -00012 12/6/12 Prairie du Chien. (Roberts Dairy / Hy -Vee) Mackinaw Village Part 5, an 8 -lot, 3.95 acre residential subdivision SUB12 -00015 2/7/13 located on the north end of Mackinaw Drive. Lindemann Subdivision Parts Five and Six, a 12 -lot, 22.53 -acre SUB12 -00016 2/7/13 residential subdivision located on Lindemann Drive. Country Club Estates 4 -7 Additions, a 67 -lot, 51.08 acre residential SUB13 -00007 4/4/13 subdivision located west of Lake Shore Drive. Cardinal Pointe South Part Three, a 32 -lot, 6.53 acre residential SUB12 -00010 11 -15 -12 subdivision located at Camp Cardinal Boulevard, Ryan Court and Preston Lane. The Sandlot, a 1 -lot, 16.68 acre industrial subdivision located south SUB13 -00003 3/7/13 of40591zaack Walton Road SE Urban Renewal: 1 Recommendation for Approval Date Summary Approval of the Camp Cardinal Urban Renewal Plan located at Camp Cardinal 2/21/13 Road and Highway 219. Code Amendments: 10 Recommendations for Approval Date Summary An amendment to Title 14, Zoning Code, to define payday lending uses and 07/19/12 regulate them as provisional uses in the Community Commercial (CC -2) zone. An amendment to Title 14, Zoning Code defining Small Wind Energy Conversion 08/02/12 Systems and establishing regulations to allow these systems as accessory uses in certain zones by special exception. 10 -4 -12 An amendment to Title 14, Zoning, Article C. Accessory Uses and Buildings to provide for the regulation of structures for the keeping of chickens. 2/7/13 An amendment to Section 14 -4E-8 of the Zoning Code regarding modification of nonconforming development as recommended. An amendment to paragraph 14- 46 -46 -12 of the Zoning Code to include new 2/713 standards for Quick Vehicle Servicing Uses if located in the Towncrest Design Review District or the Riverfront Crossings District. An amendment to Title 14: Zoning Code to modify the process for delineating 3/7/13 regulated woodlands and providing more flexibility to count preserved trees and woodlands toward any tree replacement or mitigation requirements. An amendment to Title 14: Zoning Code to establish parking location standards 3/21/13 and entranceway standards that will reduce the visual impact of structured and surface parking areas along residential streets in Multifamily Zones. An amendment to Title 14: Zoning Code to allow Schools of Generalized 6/6/13 Instruction by special exception in the Community Commercial (CC -2) Zone. An amendment to Title 14: Zoning Code to allow the Board of Adjustment to 6/20/13 grant a special exception for a non - conforming use or other unpermitted use that has been in existence for over 25 years that has been destroyed to more than 75% percent of its value, to be rebuilt. Code Amendments: 1 Recommendation for Denial Date Summary An amendment to Title 14: Zoning Code to modify the regulations regarding the 6/6/13 spacing of drinking establishments so that the 500 -foot spacing rule would only apply to the University Impact Area and the Riverfront Crossings District. Comprehensive Plan Amendments: 5 Recommendations for Approval Case Number Date Summary An amendment to the Comprehensive Plan land use map to change the land use designation of the property located between Camp Cardinal Road and Camp Cardinal Boulevard from Interim Development Office Research Park (ID -ORP) to residential eight to CPA12 -00003 10/4/12 sixteen dwelling units per acres and that it be approved subject to the text of the plan noting that environmentally sensitive areas and limited street access may result in development at a lower density. An amendment to the Central District Comprehensive Plan future land use map to show 905, 909 and 911 North Governor Street CPA12 -00004 10/4/13 along with the parcel located between 906 North Dodge and 910 North Dodge Streets as single - family duplex residential. An amendment to the Comprehensive Plan Central District Plan to change the land use designation from Office Commercial to High 2/21/13 Density Multifamily Residential for property located 821 East Jefferson Street. An amendment to the Comprehensive Plan - South District Plan to change the land use designation from Multifamily to General CPAB -0001 3/21/13 Commercial for property located at the southeast corner of the intersection of Highway 6 and Broadway Street. An amendment to the Comprehensive Plan to adopt an update to 4/4/13 Iowa City's Comprehensive Plan: "Iowa City 2030." Comprehensive Plan Amendments: 1 Recommendation for Denial Case Number Date Summary An amendment to the Comprehensive Plan Southeast District Plan to change the land use designation from multi - family to CPA13 -00002 6/6/13 commercial property located at the northwest corner of the intersection of Muscatine Avenue and Scott Boulevard. (Hieronymus) Vacations: 2 Recommendations for Approval Case Number Date Summary Vacation of a portion of St. Clements Street subject to relocation VAC12 -00004 12/6/12 of utilities or the retention of necessary easements and dedication of an alternative street right -of -way. (Robert's Dairy/Hy -Vee) Vacation of eighteen hundred square feet of air rights above the VAC13 -00002 3/7/13 George Street public right of way as well as below grade right of way subject to staff approval of the design of the skywalk. (Caknoll) Annexation:1 Recommendation for Approval Case Number Date Summary An annexation from County Residential (R) zone to Low Density ANN13 -00001 3/7/13 Multifamily (RM -12) zone for approximately 2.0 -acres of property located north of American Legion Road and east of Scott Boulevard. County Rezoning: 2 Recommendations for Approval Case Number Date Summary Rezoning from County A- Agriculture zone to RUB - Residential zone CZ12 -00001 8/16/12 for .46 acres of property located at 3549 Utah Avenue NE. Rezoning from County Agricultural (A) zone to County Light CZ13 -00001 3/7/13 Industrial (ML) zone south of 4059 Izaack Walton Road SE. Plans for Fiscal Year 2014 1. Review of CB -10 zone requirements including setbacks and height limits. 2. Draft Urban Mixed Use Zone for Riverfront Crossings, Towncrest and other areas. 3. Neighborhood stabilization issues — include review of private dorms, open space, setbacks and backyard paving. 4. Draft entryway overlay zone or standards for properties at the major entrances to the city 5. Research prohibiting or limiting residential development in the flood hazard area 6. Review Comprehensive Plan land use map for Roosevelt School. POLICE CITIZENS REVIEW BOARD GENERAL RESPONSIBILITIES Established in 1997, by ordinance H97 -3792, the Iowa City Police Citizens Review Board (PCRB) consists of five members appointed by the City Council. The PCRB has its own legal counsel. The Board was established to review investigations into claims of police misconduct, and to assist the Police Chief, the City Manager, and the City Council in evaluating the overall performance of the Police Department by reviewing the Police Department's investigations into complaints. The Board is also required to maintain a central registry of complaints and to provide an annual report setting forth the numbers, types, and disposition of complaints of police misconduct. The Board shall hold at least one community forum each year for the purpose of hearing citizens' views on the policies, practices and procedures of the Iowa City Police Department. To achieve these purposes, the Board complies with Chapter 8 of the Iowa City Code and the Board's By- Laws and Standard Operating Procedures and Guidelines. ACTIVITIES AND ACCOMPLISHMENTS FOR FISCAL YEAR 2013 Meetings The PCRB tentatively holds monthly meetings on the second Tuesday and special meetings as necessary. During FY13 the Board held sixteen meetings and one Community Forum. ICPD Policies /Procedures /Practices Reviewed By PCRB The ICPD regularly provided the Board with monthly Use of Force Reports, Internal Investigation Logs, Demographic Reports and various Training Bulletins. The Department also provided various General Orders for the Board's review and comment. A senior member of the Police Department routinely attended the open portion of the PCRB meetings, and was available for any questions Board members had regarding these reports. Presentations In April of 2013 the Board held its fifth Community Forum as required by the City Charter. The Board did introductions and the forum was opened to the public for questions. There were four members of the public that spoke at the forum. Topics of discussion included the following: service dog awareness and recommendations from the Ad Hoc Diversity Committee. Board Members In October officers were nominated with Joseph Treloar as Chair and Melissa Jensen as Vice - Chair. Melissa Jensen and Royceann Porter were re- appointed to the Board in July of 2013 for four -year terms beginning September 1. LdaL�I:jI_1ILIiM Number and Type of Allegations Six complaints (11 -02, 11 -03, 12 -01, 12 -02, 12 -03, 12 -04) were filed during the fiscal year July 1, 2011 —June 30, 2012. Three public reports were completed during this fiscal period (11 -01, 11- 02, 11 -03) and one complaint was dismissed (12 -02). The remaining complaints filed in FY12 are pending before the Board (12 -01, 12 -03, 12 -04). Allegations Complaint H12 -01 1. Excessive Force -NOT SUSTAINED. 2. Harassment -NOT SUSTAINED. 3. Violation of Civil Rights -NOT SUSTAINED. 4. False Arrest -NOT SUSTAINED. Complaint H12 -03 1. Improper action jeopardizing the safety of his child -NOT SUSTAINED. 2. Improper Conduct —NOT SUSTAINED. 3. Improper Demeanor of both officers -NOT SUSTAINED. Complaint #12 -04 1. Illegal Search -NOT SUSTAINED. Complaint #12 -05 1. Harassment of complainant by officer on the Hwy 6 Iowa River Bridge - NOT SUSTAINED. 2. Harassment of complainant by officer at the Iowa City Public Library — NOT SUSTAINED. 3. Officers threatened complainant in the Ped Mall - NOT SUSTAINED. 4. Officers call every place complainant applies for a job and tells them not to hire him — NOT SUSTAINED. 5. Harassment of complainant by officers at the Robert E. Lee Recreation Center — NOT SUSTAINED. 6. Officer filed the simple assault charge in retaliation for the complainant filing a PCRB complaint - NOT SUSTAINED. Complaint #12 -06 1. Excessive Force -NOT SUSTAINED. 2. Illegal Search -NOT SUSTAINED. Level of Review The Board decided, by simple majority vote, the level of review to give each report, selecting one or more of the six levels specified in the City Code per complaint: Level a On the record with no additional investigation 4 Level b Interview or meet with complainant 1 Level c Interview or meet with named officer 0 Level d Request additional investigation by Chief or 1 City Manager, or request police assistance in the Board's own investigation Level a Board performs its own additional investigation 0 Level f Hire independent investigators 0 Complaint Resolutions The Police Department investigates complaints to the PCRB of misconduct by police officers. The Police Chief summarizes the results of these investigations and indicates in a report (the Chief's Report) to the PCRB whether allegations are sustained or not sustained. (If complaints are made against the Chief, the City Manager conducts the investigation and prepares and submits the reports.) The Board reviews both the citizens' complaint and the Chief's Report and decides whether its conclusions about the allegations should be sustained or not sustained. The Board prepares a report which is submitted to the City Council. Of the sixteen allegations listed in the five complaints for which the Board reported, none were sustained. The Board made comments and /or recommendations for improvement in police policy, procedures, or conduct in one of the reports: Complaint #12 -01 The Board sees the need for more education on an individual's rights and responsibilities when responding to police officers' directions. Name - Clearing Hearings The ordinance requires that the Board not issue a report critical of the conduct of a sworn officer until after a name - clearing hearing has been held. During this fiscal period, the Board scheduled no name - clearing hearings. Mediation Officers and complainants are notified by mail that formal mediation is available to them at any stage in the complaint process before the Board adopts its public report. All parties involved must consent to a request for mediation. No mediations were convened this year. Complaint Histories of Officers City ordinance requires that the annual report of the PCRB must not include the names of complainants or officers involved in unsustained complaints and must be in a form that protects the confidentiality of information about all parties. In the five complaints covered by the FY13 annual report a total of eight officers were involved with allegations against them. ICPD Internal Investigations Logs The Board reviewed the quarterly ICPD Internal Investigations Log, provided by the Chief of Police. COMPLAINT DEMOGRAPHICS The following is demographic information from the five complaints that were completed in this fiscal year. Because complainants provide this voluntarily, the demographic information may be incomplete. Category/Number of Complainants3 Age: Under 21 Over 21 Unknown Sexual Orientation: Heterosexual Unknown Marital Status: Single Married Unknown Physical Disability: No Yes Unknown National Origin: 0 American 3 Unknown 2 Gender Identity: 0 Female 5 Male Straight Unknown Religion: 2 Unknown 1 Christian 2 0 1 4 BOARD MEMBERS Donald King Joseph Treloar, Chair Royceann Porter Kingsley Botchway Melissa Jensen, Vice Chair Color: 1 White 2 4 Black 0 Unknown 3 Sex: 0 Female 1 0 Male 2 1 Unknown 2 4 Mental Disability: 4 No 0 1 Yes 1 Unknown 4 3 Information is reported as presented by the person completing the form. PUBLIC ART ADVISORY COMMITTEE GENERAL RESPONSIBILITIES The Public Art Advisory Committee was formed in 1997 after the City Council established the Iowa City Public Art program initiated by the Arts /Business Partnership of the Iowa City Area Chamber of Commerce. The first meeting of the Committee was in 1998. The Committee is comprised of seven members who represent art professionals, the general community and City departments engaged in projects in which public art may be incorporated. The Committee was charged with developing the Iowa City Public Art Program, including by -laws for the Committee and procedures for the commissioning, procurement, maintenance, and deaccessioning of public art. ACCOMPLISHMENTS IN FISCAL YEAR 2013 Continued work on the Grant Wood Neighborhood Association's Neighborhood Art project — a project overseen by Jill Harper, City High Art Teacher. The project includes two pillars featuring mosaic representations of drawings created by the Grant Wood school children. The mosaics are produced by the City High students that live in the neighborhood and are located on either side of the South Sycamore Greenway Trail on Lakeside Drive across from Grant Wood School. ➢ Created a guidebook for the North Marketplace Literary Walk providing biographies of selected authors, photographs of artwork representing authors and their quotes as well as locations along the walk. Guidebook is for sale at downtown bookstores. ➢ Coordinated the repair of the BookMarks statues Literary Life in Iowa City and All the World's a Stage that are now on display at Robert A Lee Recreation Center and City Park Shakespeare Theatre. ➢ Completed the eleventh year of Poetry in Public selecting poetry from hundreds of submissions by both adults and youth for display in the downtown kiosks, recreation centers, Senior Center, Iowa City Public Library and on City buses. 84 poems were chosen. Poets selected for inclusion in the Poetry in Public project were again invited to participate in Artsfest by reading their poem on Saturday, June 1. Worked with staff at the City of Iowa City Cable TV Division to produce a video featuring poets reading their selected poems from the 2013 program. Video is featured on the Poetry in Public website. ➢ Hosted the fifth annual KIDZTENT at the downtown Artsfest on June 2, soliciting participating artists to provide donation of their artwork so that children 12 and under could buy art. Prices were no higher than $5.00. Proceeds of sales are donated to Summer of the Arts. ➢ Reviewed and approved a mural proposal by Dan Kinney, art teacher at Elizabeth Tate High School for the old Mercer Park pool building wall. Students of Tate will complete the mural with oversight from Kinney. Mural features action figures participating in various sports activities and will be completed this fall. ➢ Continued working with the Downtown Association and area artists to review proposals for the creation of artwork on benches on the downtown pedestrian mall. The project, BenchMarks will continue to require PAAC oversight and approval as all benches are eventually painted. ➢ Worked with the Monsoon United Asian Women of Iowa to determine a location for the art project "Inside Out" ( http : / /www.insideoutpromect.net /en ); large format street pastings featuring photographs of the Asian population. Several locations were considered with the assistance of the Iowa City Downtown District and final arrangements expected to conclude fall, 2013. ➢ Began discussions with a subcommittee of the Public Art Advisory Committee to produce a draft of a Public Art plan for review and approval by the larger committee and submission to the City Council for review and adoption. Completion expected early winter 2014. TELECOMMUNICATIONS COMMISSION lei 4014 :7_1aRM0910F11:3111111V The Iowa City Telecommunications Commission (ICTC) is a City commission comprised of five Iowa City residents and is mandated to oversee and facilitate the smooth and effective operation of Iowa City's Broadband Telecommunications Network (BTN), the City's franchised cable television system, the City's designated cable access television stations and to advise the City Council on telecommunications related matters. The Commission makes recommendations to City Council in matters pertaining to the BTN, helps to resolves disputes about the operation of the BTN, conducts periodic evaluations of the BTN operations, and in general facilitates BTN use by citizens of Iowa City, which includes the provision of and promotion of the cable television access channels and community programming activities. /_C414167JIa 1149:1 &140111 &1ILI19MOY 1W1:r_1:iIfFk3 Commission is considering and forming possible positions on the October 2013 conversion of Iowa City's municipal cable television franchise to a State of Iowa cable television franchise and the implications of this change for Iowa City and local cable "access" television. Reviewed monthly the general activities and services of the Iowa City cable television service provider /franchisee including Iowa City cable subscriber service complaints and resolutions received by the Cable TV Administrator. Monitored activities of local cable access channels or operations; participated in contract negotiations and made recommendations related to the new (approved) contract with Public Access Television to provide public access services in Iowa City. Initiated and continued to review results of a comprehensive survey concerning the type, amount and customer satisfaction with residential Broadband services in the Iowa City area Received and reviewed monthly, quarterly and annual program and progress reports from the Cable TV Administrator, City Channel 4, Interactive Channel 5, Library Channel 10, Kirkwood's Channel 11, the University of Iowa Channel 17, PATV Access Channel 18, Educational Channel 21, Senior Citizen Television (SCTV) and the Community Television Service. Continued ongoing review of Federal and State legislative and regulatory activity related to cable television and other telecommunications industries with special attention given to efforts to legislate the Community Access Preservation Act ( "CAP Act ") designed to protect the rights of cities and their cable access television operations. Continued to support and work with relevant national organizations regarding legal challenges to FCC rule making related to local franchising authorities' rights and responsibilities. Monitored and reviewed activities of the cable television and broadband service provider industries to identify current or future issues that might affect Iowa City's cable subscribers. SENIOR CENTER COMMISSION lei 4 014 ; 7_ 1111 *100 J L1 k91:3111111 *1 The Senior Center Commission is comprised of seven members with renewable three -year terms. Six Commission members are appointed by the City Council. The seventh at -large member must be a Johnson County resident living outside of Iowa City. This person is appointed by a majority vote of the six Council appointees. Duties and powers of the Commission include serving in an advisory role to the City Council with regard to the needs of the Senior Center. Commission members make recommendations on policies and programs and join staff and other interested persons in seeking adequate financial resources for the operation of the Center. They encourage full participation of older adults in Center programs and activities and work to ensure that The Center is well integrated into the community. Commissioners encourage partnering with other organizations to meet the needs of older adults; serve in an advocacy role with regard to the needs of older adults; and assist the City Manager in the evaluation of personnel. ACCOMPLISHMENTS IN FISCAL YEAR 2013 Monitored The Center's membership program following an increase in membership fees. At the end of FY2013, Center memberships totaled 1573 and their sales had generated $46,806 in operational revenue. Members who participated in The Center's discounted parking permit program generated an additional $17,074 in operational revenue during the same time period. ➢ In accordance with the stipulations of the bequest, gratefully passed a resolution accepting an annual donation from Friends of The Center of $1,000 drawn from the Clifford and Emily Dodds bequest to support the Volunteer Recognition Event. The Dodds will receive appropriate recognition at each event. ➢ Provided input into the oversight and completion of the repairs to the Linn Street steps and design and installation of the new signage on Linn Street and awning on Washington Street. ➢ Encouraged the work of staff to establish The Center as a Senior Advocacy for GLBT Elders (SAGE) affiliate. ➢ Supported the June 2013 Survey of members, former members, and non - members living in Johnson County. Over 3,000 surveys went out and at the time of analysis, 1092 had been returned. ➢ Accepted the transfer of $23,177 in annual earnings from the Senior Center Endowment to support the FY13 operational budget. In addition, accepted approximately $3,500 from Friends of The Center for facility improvements and to support programming. ➢ Encouraged and expressed appreciation for volunteer fundraising efforts like the annual quilt raffle, the Senior Center Quilters, the telephone recycling project, and community events. In FY13 these types of events raised $8,215 to support current operational expenses. ➢ Supported staff as they continue to develop community partnerships and obtained $5,474 in corporate sponsorships to support and enrich programming. ➢ Celebrated The Center's national re- accreditation through the National Institute of Senior Centers, a subunit of the National Council on Aging. This is a prestigious designation accomplished by fewer than 250 senior centers across the country. ➢ Expressed appreciation to 580 volunteers who contributed their time and talent to support the operation and success of The Center. Volunteers serve critical roles at The Center advising and assisting staff with programming, membership, community outreach, and issues related to diversity. Volunteers teach, provide building security, provide community services such as insurance counseling or tax assistance, host, organize, quilt, fundraise, lead a group, and fill in anywhere an extra hand is needed. ➢ Endorsed staff efforts to develop and implement programming that reaches out to populations currently underrepresented as participants in Center programming. There was an increase in the use of the low- income scholarship program, the number of culturally diverse programs, and community outreach in FY13. ➢ Provided updates to the members of the Iowa City Council and Johnson County Board of Supervisors on Senior Center issues and activities. ➢ Supported promotional efforts to increase membership and educate the community about Center programs and services. ➢ Commended staff for their work in developing and implementing 360 classes and 50 special events, 7 performance groups, 24 groups and clubs, 18 volunteer opportunities, and 26 professional services throughout the year and their participation in numerous community -based initiatives, partnerships, and organizations that support successful aging. ➢ Endorsed the ongoing free support— financial, operational, space —of Elder Services, Inc.'s Senior Nutrition Program. From this location, the Nutrition Program provided 84,237 units of service in FY13: 14,254 meals were served on site and the rest were home delivered or served at other congregate sites throughout Johnson County. ➢ Supported staff efforts to provide meaningful learning experiences for University of Iowa students pursuing opportunities at The Center as a part of their academic training. ➢ Supported the work and autonomy of the Senior Center Steering Council and Work Committees to promote meaningful participant involvement in the operation of The Center. ➢ Encouraged and supported staff involvement in a variety of community committees and work groups focusing on such things as a health fair, advanced care planning, community celebrations and events, livable communities, senior transportation, senior health issues, and other similar topics. ➢ Continued to work on developing regulations related to the use of alcohol at the Senior Center. PLANS FOR FISCAL YEAR 2014 ➢ Review and discuss the results of the June 2013 survey with representatives of the Membership, Program, Community Outreach, Membership, and Diversity Working Committees and Steering Council to develop a plan of action based upon an analysis of the results. ➢ Endorse and support enhanced staff efforts to effectively increase diversity among the Senior Center's participant base. ➢ Monitor the effectiveness of all fundraising activities, identify and cultivate potential supporters and contributors and develop new strategies to promote donations to support Senior Center operations and programming. ➢ Review and approve a plan presented by staff for phased interior upgrades to the building. ➢ Continue to support community partnerships to enrich programming and participation in community activities that promote recognition of The Center as a valuable downtown resource for seniors and other members of Johnson County. ➢ Serve as Senior Center ambassadors at community functions and events held at The Center. ➢ Further strengthen mechanisms for meaningful participant and community involvement in the operation of the Senior Center. ➢ Review the current lease agreement with Elder Services, Inc. for the use of space and equipment to operate the Senior Nutrition Program and make modifications if necessary. COMMISSION MEMBERS Dan Benton (until 12/31/2012) Chuck Felling Rose Hanson Mark Holbrook, Secretary Jay Honohan, Chair Michael Lensing, Vice -Chair Sarah Maiers* (until 12/31/2012) Kathy Mitchell * Appointed by Senior Center Commission All other members appointed by the Iowa City City Council BOARD OF REVIEW GENERAL RESPONSIBILITIES The Board of Review is established and governed by the Code of Iowa, Chapters 441.31 to 441.44, for the purpose of equalizing assessments by raising or lowering individual assessments as established by the Assessor. The Board also makes the final rulings each year on exempt properties. The Iowa Department of Revenue & Finance issues a manual to the Board of Review to guide them in their work, along with forms for the original meeting, daily meetings, and the final meeting. The Board must also file a report on their session with the State Director of Revenue & Finance within 15 days of adjournment. The Board's meetings are subject to the open meetings law. The Board also must include in their written notice to the petitioner the specific reasons for their actions. ACCOMPLISHMENTS IN FISCAL YEAR 2013 The following is a report on the activities of the Iowa City Board of Review since adjournment on May 23, 2012. The Iowa City Board of Review met on 5 days during the period of May 1 to May 22, 2013. The Board received a total of 108 petitions. These have been broken down into classification along with their outcome and are listed below. 68 Residential 21 Upheld 47 Denied 36 Commercial 14 Upheld 22 Denied 4 Industrial 1 Upheld 3 Denied 108 Total 36 Upheld 72 Denied For 2012, five commercial property owners filed appeals in District Court, all of which are continued from previous years. Seven commercial properties and four residential cooperative properties appealed to the Iowa Property Assessment Appeal Board in 2013. One appeal on a commercial property remains from 2012. PLANS FOR FISCAL YEAR 2014 Since the Board of Review hears only protests brought to them by others, there is no way to predict the amount of work for next year. But, because next year is not a reassessment year, the workload is expected to be somewhat lighter than the session just finished. BOARD AND COMMISSION MEMBERS The City of Iowa City wishes to thank the board and commission members who have served the Iowa City community. The work of these volunteers aid the City Council and City staff by informing public policy and shaping the community. The City of Iowa City thanks you for your service, commitment, and time. Board of Adjustment Caroline Sheerin Larry Baker Brock Grenis Will Jennings T. Gene Chrischilles Airport Zoning Commission Matthew Wolford Sally Stutsman Christine Douglas Robert Saunders Historic Preservation Commission Frank Wagner Ginalie Swaim Pam Michaud Esther Baker Kate Corcoran Frank Durham Kent Ackerson Andrew Litton Thomas Baldridge Airport Commission Richard Mascari Howard Horan Minnetta Gardinier Jose Assouline Christine Ogren Board of Appeals Matt Neumiller Scott McDonough John Roffman Andrea French Chad Champion Housing and Community Development Commission Andrew Chappell Christine Ralston Rachel Zimmerman Smith David Hacker Peter Matthes Dorothy Persson Cheryll Clamon Michelle Bacon Curry Jim Jacobson Airport Zoning Board of Adjustment James Amlong Dorothy Maher Civil Service Commission Paul Hoffey Jesse Case Lyra Dickerson Human Rights Commission Andrea Cohen Joe Coulter Harry Olmstead Paul Retish Diane Finnerty Orville Townsend, Sr Kim Hanrahan Shams Ghoneim Jewell Amos Library Board of Trustees Park and Recreation Planning and Zoning Commission Commission Janet Freeman Diane Baker Jay Semel Linzee Kull McCray Thomas Dean Meredith Rich - Chappell Thomas Martin Robin Paetzold Mark Edwards Police Citizens Review Board Melissa Jensen Royceann Porter Joseph Treloar Mazahir Salih Donald King Senior Center Commission Charles Felling Kathy Mitchell Jay Honohan Margaret Reese Rosamond Hanson Mark Holbrook Allison Gnade Maggie Elliott John Westefeld Clayton Claussen David Bourgeois Suzanne Bentler Lucie Laurian Cara Haman Joe Younker Public Art Advisory Committee Tam Bodkin Bryk Brent Westphal John Engelbrecht Vacant William Nusser Rick Fosse (Public Works Director) Mike Moran (Parks & Rec Director) Board of Review Ernie Galer Dave Hintze Charles McComas Phoebe Martin Jane Downer John Thomas Paula Swygard Carolyn Stewart Dyer Charles Eastham Phoebe Martin Jodie Theobald Ann Freerks Telecommunications Commission Matthew Butler Laura Bergus Bram Elias Nicholas Kilburg Alexa Homewood Cable Television Administrator CITY OF IOWA CITY Mr. Lee Grassley Senior Manager, Government Relations Mediacom Communications Corporation 124 W. 4th Street Cedar Falls, Iowa 50613 Re: Funding for Public Access and Community Programming Dear Lee: November 21. 2013 This letter will convey the calculation regarding the annual payment to the City of Iowa City from Mediacom Communications Corporation (MCC) to support Public Access activities as described in Section XI (C) of the Iowa City municipal cable television franchise agreement, and more specifically, the escalator to be applied for the 2014 payment. Though Mediacom has recently "converted" Iowa City's municipal cable franchise to a State of Iowa cable franchise, the related State law provides continued support for Public Access activities until the date at which the most recent municipal franchise would have expired. Since 1988, support for Public Access activities in Iowa City has been in the form of a cash payment by the cable television franchisee to the City of Iowa City or to a nonprofit corporation designated by the City. This practice for funding Public Access activities was included in the 2005 municipal cable franchise between the City of Iowa City and MCC and changes annually as determined by the escalation process demonstrated below. Also, since 1996, and included in the 2005 Cable Television Franchise Agreement, additional Public Access support for Iowa City commonly known as "pass through" funds has been provided by MCC in monthly payments "for equipment, facilities, and ongoing support for public, educational, governmental access, and community access programming," currently at the rate of sixty (60) cents per subscriber per month. The City expects that Mediacom will continue both forms of Public Access support until August 2018, the date when Iowa City's most current municipal franchise would have contractually expired. Note that I have included a copy of page 1 of a report from the Bureau of Labor Statistics, indicating the CPI -U U.S. City Average. It was agreed that we would use this index and formula in lien of the CPI -PI, given that we were not able to determine what the latter figure is or how to obtain it. The enclosed CPI -U is based on consumer price index activity for the entire month of September 2013 and the calculated percent change for one -year prior. We agreed to continue to use the CPI -U U.S. City Average and the September index in future years. Applying the figure of 1.2 %, I calculate an increase of $2,778.34 which, when added to the 2013 funding amount of $231,528.05 yields a figure for 2014 of $234,306.39. The City will provide this funding to the contracted public access programming entity Public Access Television (PATV). Payment by Mediacom to the City is due by January I of each year. The City can continue to provide the appropriate CPI -U figure in the future. However, Mediacom should request this figure in a timely fashion so that payment call be made by January I was provided in the franchise agreement. Please review the figures above and let me know if you do not concur. Sincerely Bob Hardy Cable Television Administrator cc: Tom Markus, City Manager PATV, Inc. Iowa City Telecommunications Commission Robin Marshall, Accounting Division DRAFT I P12 CITIZENS POLICE REVIEW BOARD MINUTES — November 20, 2013 CALL TO ORDER: Chair Joseph Treloar called the meeting to order at 5:39 P.M. MEMBERS PRESENT: Melissa Jensen, Royceann Porter MEMBERS ABSENT: Donald King and Mazahir Salih STAFF PRESENT: Staff Kellie Tuttle and Catherine Pugh STAFF ABSENT: None OTHERS PRESENT: Jim Steffen of the ICPD; Marian Karr, City Clerk; RECOMMENDATIONS TO COUNCIL None CONSENT CALENDAR Motion by Jensen, seconded by Porter, to adopt the consent calendar as presented or amended. • Minutes of the meeting on 11/06/13 • Letter of resignation from Legal Counsel Motion carried, 3/0, King and Salih absent. NEW BUSINESS City Clerk Karr summarized the memorandum that was included in the meeting packet. The Board discussed the participation options provided. Motion by Porter, seconded by Jensen to choose Option 4, directing the City Clerk and the Boards current Legal Counsel to complete steps 2 -5 of the RFP /interview process outlined in the memorandum and make a recommendation to the Board. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • December 9, 2013, 5:30 PM, Helling Conference Rm (CANCELLED) • January 14, 2014, 5:30 PM, Helling Conference Rm • February 11, 2014, 5:30 PM, Helling Conference Rm • March 11, 2014, 5:30 PM, Helling Conference Rm Motion by Jensen, seconded by Porter to cancel the December gch due to lack of Board business. Motion carried, 3/0, King and Salih absent. ADJOURNMENT Motion for adjournment by Jensen, seconded by Porter. Motion carried 3/0 King and Salih absent. Meeting adjourned at 5:48 P.M. it CC O W � W o � N U �Uc°v H Uw a e a 0 r, r, o DC DC �C O yC N I i i 1^ tn ; O� i M �C DC yC yC DC ; DC DC �C O O I I M I N is , i °° 00 z z z z z N x x x O i W a��zz II II II it II �coOZ ;