HomeMy WebLinkAbout2014-12-04 Info Packet-0 a
0_7wl�rq'-� CITY COUNCIL INFORMATION PACKET
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CITY OF IOWA CITY
December 4, 2014
www.icgov.org
IN Council Tentative Meeting Schedule
DECEMBER 11 WORK SESSION MEETING
IP2 Work Session Agenda
MISCELLANEOUS
IP3 Email from Mayor Hayek: Iowa State University appreciation of Recycling Coordinator
Jen Jordan
IN Article from City Manager: More Americans completing Peace Corps applications
IP5 Article from City Manager: Cutting to Invest
IP6 Report from City Manager: Legislative Services Agency Review – Recent Motor Vehicle
Fuel Tax Proposals
IP7 Email from City Manager: Anti -racism work in the ICPD
IP8 Criminal Justice Coordinating Committee Minutes October 1, 2014
IP9 Building Statistics 2014
IP10 Civil Services Entrance Examination –Maintenance Worker II –Government Buildings
DRAFT MINUTES
IP11 Ad Hoc Senior Services Committee: November 24, 2014
IP12 Charter Review Commission: November 25, 2014
IP13 Human Rights Commission: November 18, 2014
IP14 Planning and Zoning Commission: November 20, 2014
12-04-14
IPI
r
City Council Tentative Meeting
Schedule
Subject to change
December 4. 2014
CITY OF IOWA CITY
Date
Time
Meeting
Location
Thursday,December 11, 2014
7:30 AM
Spec. Work Session w/ JC Supervisors
Emma J. Harvat Hall
Tuesday, December 16, 2014
5:00 PM
Work Session Meeting
Emma J. Harvat Hall
7:00 PM
Formal Meeting
Tuesday, January 6, 2015
5:00 PM
Work Session Meeting
Emma J. Harvat Hall
7:00 PM
Formal Meeting
Saturday, January 10, 2015
8AM-5PM
Special Budget Work Session
Emma J. Harvat Hall
(Department Presentations)
Monday, January 12, 2015
1:00-7:OOPM Special Budget Work Session
Emma J. Harvat Hall
(CIP Presentations)
Tuesday, January 13, 2015
5:00 PM
Special Budget Work Session
Emma J. Harvat Hall
Tuesday, January 20, 2015
5:00 PM
Work Session Meeting
Emma J. Harvat Hall
7:00 PM
Formal Meeting
Monday, January 26, 2015
4:30 PM
Joint Meeting / Work Session
TBA
Tuesday, Feburary 3, 2015
5:00 PM
City Conference Board Meeting
Emma J. Harvat Hall
Work Session Meeting
7:00 PM
Formal Meeting
Tuesday, February 17, 2015
5:00 PM
Work Session Meeting
Emma J. Harvat Hall
7:00 PM
Formal Meeting
Tuesday, March 3, 2015
5:00 PM
City Conference Board Meeting
Emma J. Harvat Hall
Work Session Meeting
7:00 PM
Formal Meeting
Tuesday, March 17, 2015
5:00 PM
Work Session Meeting
Emma J. Harvat Hall
7:00 PM
Formal Meeting
Tuesday, April 7, 2015
5:00 PM
Work Session Meeting
Emma J. Harvat Hall
7:00 PM
Formal Meeting
Tuesday, April 21, 2015
5:00 PM
Work Session Meeting
Emma J. Harvat Hall
7:00 PM
Formal Meeting
1 1 IP2
CITY OF IOWA CITY
UNESCO CITY OF LITERATURE
II
410 East iW3ShIRgt0n Strect
Iowa City. Iowa S2240-1826
(319) 356-5000
(319) 3S6-5009 FAX
www.Icgov.org
Joint Meeting
Johnson County Board of Supervisors
City Council of Iowa City
Thursday, December 11, 2014
7:30 — 8:30 AM
Harvat Hall
Iowa City
1. Call to order
2. Welcome and introductions
3. General discussion of the following:
a. Sales tax
b. Addressing jail and courthouse needs, including joint law enforcement authority and
vacation of Harrison Street
c. Affordable housing
d. Climate change/sustainability efforts
e. Community ID program
f. Future meetings/other opportunities for communication
g. Other issues of mutual interest, including: Road and trail projects, SEATS, CAT
grants, Animal Shelter, opportunities for collaboration
4. Other business
5. Adjourn
Marian Karr
From: Matthew J. Hayek <mhayek@hhbmlaw.com>
Sent: Tuesday, December 02, 2014 9:57 AM
To: Marian Karr
Attachments: Iowa State University It 11-21-14 Dr. Kathleen Delate to Jennifer Jordan. pdf
Please add to the info packet. Kudos to Jen Jordan!
MJH
Matthew J. Hayek
Hayek, Brown, Moreland & Smith, L.L.P.
120 East Washington Street, Iowa City, Iowa 52240-3924
319.337.9606 telephone
319.338.7376 facsimile
Email: mhavek@hhbmlaw.com
Website: www.hhbmlaw.com
College of Agriculture and Life Sciences
IOWA STATE UNIVERSITY Department of Horticulture
OF SCIENCE A N D TECHNOLOGY Horticulture Building
Ames, Iowa 30011-1100
fennifer Jordan 515 294'2751
Iowa City Landfill and Recycling Center FAX 515 294-0730
3900 Hebl Avenue SW
Iowa City, IA 52246
November 21, 2014
Dear fen,
Thank you so much for being a vital part of our Fourteenth Annual Iowa Organic
Conference! We were very grateful for your presentation about "Composting Big
and Small" there, your experiences in organic research that you shared with our
audience, and the time you took in traveling and preparing your
32S people. This
We
are excited to report that the total conference attendance
shows promise and enthusiasm for organic agriculture in Iowal We also received
positive and helpful feedback from our conference evaluation forms. A summary of
comments can be mailed to you in January if you like.
We really appreciate your donation of your time and energy put into
preet Andres
at
the conference. If you wish to be reimbursed for mileage, please
Glasener at glasener@iastate.edu. Otherwise, you donation will go towards keeping
students working in the lab.
We hope to keep in touch with you, Jen, about upcoming events related to organic
time, and effort as
agriculture in the region. Again, we really appreciate your talents t
a speaker at this event and look forward to working with you again.
Sincerely,
Dr. Kathleen Delate
Professor
CC: Mayor Matt Hayek, Hayek, Brown, Moreland & Smith, LLP
From the City Manager EJ
More Americans completing Peace Corps
applications
Jeff Charis-Carlson, Iowa City Press -Citizen 4:22 p.m. CST November 29, 2014
Before some important changes were made earlier this year to the Peace Corps' initial application
process, Meredith Gall used to describe the eight-hour, online experience as an illustrative
introduction to what would-be applicants were getting themselves into.
"I used to joke that the application itself was a good test of the patience and flexibility that they
would be needing as a Peace Corps volunteer," said Gall, the UI Peace Corps campus representative.
But Gall hasn't had to make that joke for nearly five months now — ever since July 1, when the 52 -
year -old State Department agency launched a streamlined, one-hour version of its application.
After the agency completed a comprehensive assessment in 2010, it started moving forward with
plans to simplify that initial application experience as well as provide would-be Peace Corps
volunteers with greater opportunity to say where they would like to go and what work they would like
to do. (In the past, stating such preferences directly often would be held against an applicant or, at the
very least, significantly delay the processing of an application.)
"The goal is still to get the best and the brightest people where they want to be and doing what they
are most passionate about," Gall said. "So the changes really are about making the process friendlier
and more transparent.... We follow up and get the additional information from particular people, but
we figured out we don't need to get everything from everyone up -front."
Gall said the number of applications nationwide in July 2014 marked a 400 percent increase over July
2013, and the fiscal year that ended Sept. 30 — which included only three months under the new
process — marked a 22 -year high for the agency.
Yet "serving where needed most" continues to be a powerful force in leading college seniors to
consider the Peace Corps as an option after graduation. Of the applications received by the Peace
Corps since July 1, Gall said 54 percent of the applicants mark that, despite having other options, they
still are willing to go wherever the Peace Corps wants to send them.
Flexibility still the No. 1 need
Although Gall doesn't need to joke about the application process any more, she said she does tell
would-be applicants that "flexibility is still the highest need for a Peace Corps volunteer." And
although providing a preference is no longer held against applicants, it is still up to applicants
themselves to prove that they understand that, when they get to their community, they will "need to
be flexible to what's needed."
That definitely was the experience of Aaron Miers, now a UI law student, when he served as a Peace
Corps volunteer in Togo from 2011-13.
The Quad Cities -native served in the 1,000 -person village of Timbou, where the village leaders had
requested Peace Corps' help in alleviating gender inequity — especially in terms of persuading more
parents to stop pulling their daughters from public school after the fifth grade.
As part of his volunteer work, Miers visited all the households in the village to assess their needs and
figure out the best way to be of assistance. Eventually his efforts included overseeing the construction
of a maternity ward to the local hospital. And his work was successful enough that the village
requested another volunteer once he left.
Flexibility also was key to Iowa City native and City High graduate Claudia Garcia's experience as a
Peace Corps volunteer from 2012-14 in the town of El Cortezo in Panama.
After majoring in international studies and Spanish at Central College in Pella, Garcia said she
"wanted to do something completely different." So she was excited to be paired with a Panamanian
elementary school teacher and spent her two years helping teacher and students alike to improve their
ability to speak (and to teach) English.
"I was very lucky that she wanted to work with me," Garcia said.
Garcia, who now works in the alumni department at Coe College in Cedar Rapids, said she wouldn't
have listed any specific preferences even if it had been a viable option when she applied.
"They said it would be harder for you to be placed sooner, and I wanted to go right away," Garcia
said.
'My top choice'
When UI senior Brett Burk applied to the Peace Corps in late October — after the change in the
application process — he noted that his No. 1 preference would be to go to China and his No. 2
would be Mongolia. For his No. 3 option, the Oskaloosa native and linguistics major said, "I'll take
anywhere that the Peace Corps will send me."
Burk, who studied Chinese for 3 %2 years at UI and is scheduled to graduate in December, said he
wants to teach English abroad for a few years before returning to the U.S. for graduate school. In case
the Peace Corps doesn't work out, he also has applied for a Fulbright grant and is looking into a
number of programs that allow Americans to teach English in China.
"But Peace Corps is my top choice," Burk said.
Burk won't know until at least January whether he is the top choice of the Peace Corps, as well. But,
unlike with pre -July 1 applicants, Burk's preferences won't be held against him. And Gall said
applicants like Burk have much more access than in the past to information about the know -by dates
and the number of positions open in any one country at any one time.
'A dream come true'
Burk's application experience differs from that of Nyassa Kollie, who submitted her application in
fall 2013, before the process changed. Undaunted by the eight-hour length of the initial application,
the energetic and motivated UI English major had to wait nearly a year until she found out, on Nov.
14, that she had been selected for a position teaching English in Malawi.
Scheduled to graduate from UI in December, Kollie said she eventually plans to return to the U.S. to
pursue a master's degree, but she hopes her time in the Peace Corps will expand her focus on African
studies and African-American literature.
The daughter of naturalized Liberian immigrants, Kollie said she eventually hopes to work for
agencies like U.S. AID or as a Foreign Service officer and she is looking to her two years in Malawi
to provide her the insight and experience needed for such a career.
Scheduled to leave June 16, 2015, Kollie said she is also somewhat nervous. Having traveled to
Liberia and South Africa in the past, she knows how people may expect her to speak the language
fluently and could be disappointed with her for not already having the customs down — even though
Malawi is in a different part of the continent altogether.
But Kollie said her parents are as ecstatic as she is over the opportunity.
"It literally is a dream come true," she said.
'Starting on this adventure'
Like Kollie, UI senior Alec Bramel managed to endure the eight-hour application when he applied.
And it took the political science and history major a year before he found out, on Oct. 15, that he had
been selected for an agro-forestry position in Jamaica.
Growing up in Holy Cross, Bramel learned about animals from his father, who is a veterinarian, and
gained much experience in agricultural work. He applied for the Peace Corps, he said, because he
wanted to do "something out of the ordinary and adventurous."
Bramel said he has been going through a range of emotions since finding out that his application has
been accepted.
"It's still hard to believe that I received the letter and I'm actually going to be starting on this
adventure," Bramel said.
Until he leaves for Jamaica on March 9, 2015, Bramel said he will continue working at Fin and
Feather's Iowa City store and interning with the Iowa City government.
Same mix of motivations
Gall said that although more people are completing their application than before, they continue to be
applying based on the same mix of motivations:
-Some simply crave a true, cross-cultural experience.
-Some are drawn by a fascination to learn more about a country, culture or language.
-And still others are focused on a specific issue — from HIV education, to water quality, to gender
equity.
"If you were a strong candidate in the old system," Gall said, "you're going to be a strong applicant in
the new system."
Higher education reporter Jeff Charis-Carlson can be contacted at 319-887-5435 and jcharisc@press-
citizen.
Politics+Policy I ECONOMIC ENGINES
FROM THE CITY MANAGER
By Aaron M. Renn
Cutting to Invest
Before cities can spend, they need to resist the urge to borrow.
here's a debate raging about
whether governments should
spend more money on economic
development and infrastructure,
or whether they should cut spending to
bring finances under control, a strategy
often dubbed "austerity" by critics.
In reality, the two are inseparable.
Until you have a firm handle on your
finances, you can't afford to invest on any
sort of sustainable basis.
This is the logic underpinning what
Bruce Katz at the Brookings Institution
calls "cut to invest." That is, there's no new
magic pot of money arriving, so everyone
from the federal government to cities
needs to make some cuts in order to free
up cash to spend on higher -priority items.
An unlikely poster child for this
philosophy is the small industrial city
of Kokomo, Ind. With a population of
57,000 about 45 miles north of Indianap-
olis, Kokomo made national news as the
center of the auto industry collapse, even
prompting a visit from President Obama.
At its bleakest moment, Kokomo's unem-
ployment rate hit 20 percent and it faced a
near -cataclysmic fiscal crisis when bank-
rupt Chrysler, the city's largest employer,
didn't pay its property tax bill.
Fortunately for Kokomo, its plants
survived the auto bankruptcies and it
weathered the crisis. But the city deter-
mined never to return to business as
usual; rather, Mayor Greg Goodnight and
other leaders embarked on a program of
change involvingboth fiscal restructuring
and major investment.
A history of fiscal prudence on the
part of past city leadership helped. Fore-
most, the city had no non-utility debt. It
was able to further bolster its tax base by
annexing seven square miles—including
new freeway interchanges—and 11,000
people from Howard County. But while
expanding physically and in population,
the city shrank its government payrolls
by 20 percent, going from 521 employees
to 417 This was done in a variety of ways,
including adopting something as simple
as single -side -of -the -street garbage col-
lection, which won a Bright Ideas award
from Harvard's Ash Center, to more con-
troversial fire department layoffs.
The focus on efficiency has contin-
ued as tax revenues recovered, freeing
up cash for investment. New spending
included reengineering every downtown
street from one-way back to two-way,
removing all stoplights from the core of
downtown, building a high-quality trail
system, investing in a $1 million renova-
tion of city hall, creating a new fareless
bus system, and erecting a new mixed-use
downtown parking garage that includes
apartments, a YMCA and two new fire
stations—all funded with cash
and no debt. Its only borrow-
ing was for a new municipal
baseball stadium.
Kokomo can spend money
on these items because it took
care of fiscal business. Not all
debt is bad, but in- this case,
by mostly resisting the urge to
borrow, Kokomo will retain
the ability to invest well into
the future by not encumber-
ing future cash flow. As a small
industrial city, Kokomo still
has challenges to be sure, but it
appears to be on the right track.
Other cities are in different
stages of this process. Consider
Los Angeles, which is also mak-
ing national news, this time for
its crumbling infrastructure.
The New York Times reported
that it faces more than $8 bil-
lion in needed repairs just to
When Chrysler failed to pay its property tax bill, it sent Kokomo, Ind., into a fiscal crisis.
22 GOVERNING I November 2014
bring its worst roads, sidewalks and water
lines up to par.
Why can't Los Angeles afford to invest
in infrastructure? Because it allowed its
budget to get out of control. Some blame
this on the city's fear of raising taxes, but
L.A. is hardly a low -tax haven. Instead, as
a report issued earlier by City Administra-
tive Officer Miguel Santana notes, while
revenues are anticipated to grow 4.4 per-
cent—faster than national GDP—expen-
ditures have been growing at an even
faster rate.
Nevertheless, some progress has been
made in Los Angeles. The city's work-
force is down 14 percent from peak levels.
New pension tiers have been introduced
for newly hired workers, and labor nego-
tiators agreed to new employee contribu-
tions to pensions and health care. The city
has also started rebuilding its reserves.
Los Angeles is certainly far from hav-
ing solved its fiscal problems, though.
Most of these changes were done with
the city's back to the wall. It needs to find
a way to continue down the path of fiscal
responsibility, which means establishing
and maintaining control of the budget
over the long term, most critically when
the immediate crisis passes and there's
a cyclical upswing. That's when cities,
and states for that matter, often reverse
course on fiscal discipline and take out
the shovel, digging even deeper holes by
grantingthings such as politically popular
but fiscally unsustainable pension prom-
ises. Instead, any fiscal improvement
either should be banked or devoted to the
most important of civic needs, like basic
infrastructure fixes and improvements.
This won't be easy in a city with such
powerful unions. But fixing the budget to
enable the investments and maintenance
needed to keep L.A. competitive is critical.
So as unlikely a poster child for long-
term
ongterm fiscal sustainability as it may be,
Kokomo stands as an example of what
long-range and responsible political lead-
ership can mean for the future vibrancy
of a city. The city of Los Angeles—and a
host of others—could learn a lot from it G
Email arenn@urbanophile.com
LEGISLATIVE
SERVICES AGENCY
Serving thelotoa Legislature
ISSUE
From the City Manager
ISSUE REVIEW
Fiscal Services Division
November 21, 2014
Recent Motor Vehicle Fuel Tax Proposals
This Issue Review will review recent legislative proposals to amend Iowa's Motor Vehicle Fuel
Tax, the history of Iowa's Motor Fuel Tax, fuel consumption forecasts, and system needs
identified by the Iowa Department of Transportation (DOT). Estimated revenue changes are
based on recent proposals and will be estimated and compared for FY 2015 through FY 2024.
AFFECTED AGENCIES
Iowa Department of Transportation (DOT), Iowa County Engineers, City Governments, State
Parks and State Institutional Roads
CODE AUTHORITY
Iowa Code chapter 452A and 312
BACKGROUND
The Motor Fuel Tax was established by the Iowa General Assembly in 1925. Several key road -
related acts were enacted in the 1920s. These include establishing secondary and primary
roads, and delineating the jurisdiction of the Transportation Commission and counties.' The
outline of the structure established in the 1920's remains similar today. Since the 1920s, the
Motor Fuel Tax has been central to road construction in Iowa and increased by the General
Assembly periodically. Before 1989, the time elapsed since the last fuel tax increase ranged
from 1 to 18 years. The last fuel tax increase was in 1989.
Ci vrpnt fiipl tax ratAR2 ner nallnn (and gallon eouivalencv):
• Gasoline
21.0 cents
• Liquid Petroleum
22.5 Cents
• Ethanol Gasohol
19.0 cents
• Compressed Natural Gas
21.0 cents
• Diesel
22.5 cents
• Liquefied Natural Gas
22.5 cents
• Aviation Jet Fuel
3.0 cents
• Aviation gas
8.0 cents
' Thompson, William H., Transportation in Iowa: A Historical Summary (Iowa Department of
Transportation, 1989) 73-75.
2 Under current law, fuel tax rates for gasoline and gasohol will change to 20.0 cents in FY 2016. See
Attachment A. This will be an increase for gasohol and a decrease for gasoline.
ISSUE REVIEW 2 November 21, 2014
In 1942, Iowa established constitutional protections for motor fuel and motor vehicle registration
revenue. Iowa Constitution Article VII Section 8 required that:
All motor vehicle registration fees and all licenses and excise taxes on motor vehicle
fuel, except cost of administration, shall be used exclusively for the construction,
maintenance and supervision of the public highways exclusivey within the state or for
the payment of bonds issued or to be issued for the construction of such public highways
and payment of interest on such bonds.
In 1949, the General Assembly established the Road Use Tax Fund (RUTF), the major source
of funding for construction, maintenance, and supervision of Iowa's highways. Fuel tax has
been a major revenue source for the fund. The RUTF revenue collected by the State Treasurer
and distributed to the DOT, counties, and cities by formula. Over the years, the General
Assembly has adjusted the allocation formula. Currently, 47.5% is allocated to the DOT for
Primary Roads, 24.5% to counties for Secondary Roads, 8.0% to counties for Farm -to -Market
Roads, and 20.0% to cities. Today the RUTF receives revenue from fuel taxes, registration and
title fees, new vehicle registration fees, the balance from the Statutory Allocations Fund (SAF),3
and several other revenue sources. In 2009, the General Assembly created the Transportation
Investment Moves the Economy in the 21st Century Fund (TIME -21 Fund), consisting of
revenue from annual registration fees, title fees, and trailer registration fees collected due to
changes in the TIME -21 Act. Beginning in FY 2010, the TIME -21 Fund began to contribute to
road funding. Chart 1 displays the share of total road funding at the State level from taxes and
fees. Due to the increase of several fees and the creation of the TIME -21 Fund, the share of
the State road funding from fuel tax has declined from a high of 48.0% in FY 1990 to 32.9% in
FY 2013.
Chart 1°
3 The Statutory Allocations Fund was established in 2008 and receives revenue from trailer, fitle, driver license, and
other vehicle taxes fees. The balance of this fund is transferred to the RUTF at the close of each fiscal year.
Note: The RUTF funded the Iowa State Patrol from FY 1984 until FY 1999. This funding was phased out over four
years from FY 1996— FY 1999. Funding from the RUTF to the State Patrol peaked in FY 1996 at $33.6 million.
ISSUE REVIEW 3 November 21, 2014
CURRENT SITUATION
This section will illustrate current and future annual funding needs, fuel efficiencies, and
flattening vehicle miles traveled (VMf) that reduce fuel tax receipts.
Road Studies and Recent Changes
During the 2000s, the DOT conducted four studies that analyzed the needs of Iowa roadways
compared to anticipated funding differences (typically referred to as shortfall by the
Department). These 20 -year studies, completed in 2002, 2006, 2008, and 2011, identified a
funding shortfall for the state road system and recommended new revenue and efficiencies.
The most recent shortfall of $215.0 million is often the subject of recent funding proposals.
The 20 -year funding need figure includes total estimated funding to cover all maintenance and
construction on highways and a subcategory referred to as critical needs that are "necessary to
support and grow Iowa's economy."' The DOT utilized a Federal Highway Administration Wdel
to identify future needs and develop a road needs inventory. Needs are calculated in future
dollars, and the estimate includes administration, maintenance, and construction. The model
assumes the current transportation system will be maintained. The future value of these
projects is estimated by using an average of recent growth in construction costs. The DOT
maintains the Iowa Road Construction Cost Index that shows a history of construction cost
changes based on types of road construction materials (Chart -2).6
Chart 2
Iowa Road Construction Cost Index
Road funding in Iowa is collected at three levels of government: State, local, and federal. To
project the adequacy of revenue to cover roadway needs, the DOT developed 20 -year revenue
projections. Assumptions adopted in these revenue projections are discussed in
Attachment B.
The DOT study also outlined the impact of inflation on the buying power of road funding dollars.
Chart 3 displays actual fuel tax receipts adjusted to the Consumer Price Index and the DOT
5 Iowa DOT, "2011 Road Use Tax Fund Study", 2011.
6 See Iowa DOT Construction Cost Index.
ISSUE REVIEW 4 November 21, 2014
Construction Cost Index. Fuel tax receipts for FY 2013 totaled $439.0 million. Adjusting to the
DOT Road Construction Cost Index (1986 dollars) receipts totaled $160.5 million.
Chart 3
Fuel Tax Collections in 1986 Dollars —CPI/DOT Construction Costs
5W_._.._-
4sa.__---
400
3W
200
TIM
50
1
4b
-- Motor Vehicle Fuel Tax to IWT Cost Index -- Motor Vehicle Fuel Tax in CPI — Motor Vehicle Fuel Tax Actual
Dollars
Needs Studies
The 2002 study, typically called the Ad Hoc Study, developed recommendations intended to
increase efficiency and maximize funding available for road construction, but it did not address
an overall funding shortfall. The General Assembly has adopted several study
recommendations (2003 Iowa Acts chapter 144) including:
• Transferred 712 miles of roads to county and city governments.
• Transferred jurisdiction of Farm -to -Market extensions in cities with less than 500 population
to counties.
• Allowed counties to classify roads as Area Service System C with the passage of an
ordinance or resolution. System C roads have lower maintenance requirements. (Iowa
Code section 309.57).'
The DOT stated that these changes increased funding available to the DOT by $45.0 million per
year.' The LSA does not have the data to confirm this estimate.
The 2006 RUTF study, requested by the General Assembly, reviewed the 20 -year needs of
Iowa roads compared to estimated revenue based on recent revenue trends and construction
costs. The study determined the total 20 -year needs of the road system exceeded anticipated
revenue by $27.7 billion ($1.4 billion per year). Of that amount, $4.0 billion ($200.0 million per
year) is considered critical by the DOT. Included within this classification was resurfacing,
repairing, and replacing pavement and bridges on high-volume roads. The General Assembly
adopted several study recommendations (2007 Iowa Acts chapter 200, 2008 Iowa Acts chapter
1113) including;
• Raising an additional $200.0 million per year and allocating new revenue by establishing the
TIME -21 Fund, funded by annual registration revenue exceeding of $392.0 million per year, and
trailer and title fees. To date, annual TIME -21 Fund receipts have not exceeded $141.7 million.
• Distributing TIME -21 Fund money by the following formula, 60.0% to the DOT, 20.0% to
counties, and 20.0% to cities.
• Continuing to evaluate road funding sources.
• Regularly assessing the ability of revenue to cover construction and maintenance needs.
The DOT is required to conduct this assessment every five years.'
7 Iowa DOT, "Study of Iowa's Current Road Use Tax Fu
Construction Needs", 2006.
6 Iowa DOT, "2011 Road Use Tax Fund Study", 2011.
ISSUE REVIEW 5 November 21, 2014
The DOT stressed that these changes were essential to complete improvements on several
significant primary roads.10
The DOT published a TIME -21 Fund Study in 2008 that updated funding shortfall figures and
provided further options to increase road funding. Unlike the prior study (2006 RUTF Study),
the sole recommendation was that additional revenue be secured to fund critical shortfalls. The
study estimated the impact of recent TIME -21 Fund fee increases and reanalyzed the total road
funding shortfall. The TIME -21 Study found that the annual critical needs shortfall had grown to
$267.0 million, with an overall shortfall of $1.5 billion per year." Several revenue -raising
mechanisms were introduced, but no recommendations were made.
In 2011, Governor Branstad appointed the Governor's Transportation 2020 Citizen Advisory
Transportation Commission (CAC) to "assess the condition of Iowa's roadway system while
evaluating the current and future funding available to best address system needs ."12
Simultaneously, the DOT released a five-year road study that provided the most recent road
funding estimates. The report estimated the annual critical road funding shortfall at $215.0
million per year and $1.6 billion for all needs. The CAC made six funding recommendations.
Three of the recommendations were adopted and three were not. Seethe list below.
Adopted recommendations
• Review the operation, maintenance, and improvement of Iowa's roadways to increase
efficiency. Governor Branstad directed the DOT to identify $50.0 million in savings per year.
The DOT is required to file efficiency reports with the General Assembly annually.
• Study and identify vehicles and equipment that use Iowa's roadways that either pay no user
fee or a reduced fee. The DOT completed a User Fee Analysis in 2012. The CAC did not
recommend fee changes.
• Increase the registration fee for electric vehicles to match other passenger vehicles.
These recommendations have not been adopted.
• Require the DOT to assess road funding adequacy every two years rather than five years.
• Raise a minimum of $215.0 million annually to cover the critical needs shortfall.
• Allocate new revenue to the TIME -21 Fund up to the $225.0 million cap.
Table 1 summarizes total and critical needs for each study.
Table 1
Road Studies by Year
Total Needs Critical Needs
(millions) (millions)
2006 2008 2011 2006 2008 2011
20 -Year Needs $ 67,200 $ 62,700 $ 79,800 $ 43,500 40,600 $ 51,600
20 -Year Revenue 39,500 35,800 47,300 39,500 35,800 47,300
Total Shortfall (27,700) (26,900) (32,500) (4,000) (4,800) (4,300)
Annual Shortfall. $ (1,385) $ (1,494) $ (1,625) $ (200) $ (267) $ (215)
o ry Tran
9 Iowa DOT, "Study of Iowa's Current Road Use Tax Funds (RUTF) and Future Road Maintenance and
Construction Needs" 2006.
10 Iowa DOT, "Study of loin's Current Road Use Tax Funds (RUTF) and Future Road Maintenance and
Construction Needs" 2006.
11 Iowa DOT, "TIME -21 FundingAnalysis"2008.
72 Iowa DOT, 2011.
ISSUE REVIEW 6 November 21, 2(
Fuel Efficiency
Parallel to ongoing concerns over roadway construction needs is improvement in fuel efficiencies
that are reducing fuel tax receipts. Increased fuel efficiency in passenger vehicles, also due to
hybrid and electric cars, will further decrease fuel consumption over the next few decades. To
encourage further fuel efficiency improvements, in August 2012 the National Highway Traffic
Safety Administration (NHTSA) and the Environmental Protection Agency (EPA) issued joint
Corporate Average Fuel Economy (CAFt) standards for newly manufactured light-duty vehicles.
Vehicles covered under CAFt standards include passenger cars, sport -utility vehicles, vans, and
light-duty trucks. The EPA greenhouse gas standards will limit emissions to 163 grams -per -mile
of carbon dioxide in model year (MY) 2025. Translated to miles -per -gallon (MPG), the NHTSA
expects the combined average fuel economy for newt sold vehicles to increase to 49.7 MPG by
model year 2025." Table 2 shows the average CAFE standard MPG increase from MY 2017
through MY 2025.
Table - 2
Proiected CAFE -Standard (Average Combined Fuel Efficiency- MPG)
2015
2016
2017
2018
2019
12020
1 2021
1 2022
2023
2024 2025
32.6
34.1
35.4
36.5
37.7
1 38.9
1 41.0
1 43.0
45.1
47.4 49.7
Although required increases in per -gallon fuel efficiency end with model year 2025, the majority
of the existing vehicle fleet will not meet CAFE standards for many years. The Congressional
Budget Office estimates that the nationwide vehicle fleet will meet CAFE standards by 2040,
resulting in a 21.0% decrease in federal gasoline tax revenues.'" Similarly, the Energy
Information Agency (EIA) forecasts that by 2040 the light-duty vehicle fleet will consume 25.0%
less energy than the 2013 fleet.15
For heavy and medium -duty trucks, in 2011 the NHTSA and EPA issued fuel standards that took
effect in model year 2014 and will gradually increase until 2018. Again, these fuel standards
target greenhouse gas emissions. Fuel efficiency standards for these vehicles are divided into
three categories, each required to meet a different standard. Categories include:
• Combination tractors 20% reduction in fuel consumption
• Heavy-duty trucks and vans 15% reduction in fuel consumption
• Vocational vehicles 10% reduction in fuel consumption16
The NHTSA estimates that these reductions could reduce fuel consumption by 1.0 to 4.0 gallons
per every 100.0 miles." In 2012, heavy trucks in Iowa traveled a total of 2.8 billion miles and
consumed 668.2 million diesel gallons.1e Iowa's heavy and medium -duty vehicle fleet composition
is unknown and estimating the exact impact to fuel consumption is difficult. However, approximate
NHTSA fuel efficiency improvement estimates provide enough information to calculate estimates.
For example, reducing diesel gallons consumed (primarily used by trucks in Iowa) by 1.0 gallon per
100 miles will decrease revenue to the RUTF by roughly $6.2 million dollars per year.
In February 2014, President Obama directed the EPA and the NHTSAto develop Phase II of
the joint fuel standards targeting greenhouse gas emissions. Notice of Proposed Rulemaking is
to be issued in March 2015, with the final rules targeted for March 2016. These rules will set
further fuel standards for medium and heavy-duty trucks.
13 Congressional Research Service, 'Automobile and Truck Fuel Economy (CAFE) and Greenhouse Gas
Standard, 2012.
14 Congressional Budget Office, "How Would Proposed Fuel Economy Standards Affect the HiahrneyTrust
Fund?", May 2012.
i E rgy Information Agency, Annual Energy Outlook" May 7 2014.
16 "CAFE and GHQ Factsheet", August 28, 2012.
17 "CAFE and GHG Factsheet'.
1a See Iowa DOT VMT data.
ISSUE REVIEW 7 November 21, 2014
Vehicle Miles Traveled
Fuel tax collections are in part driven by the total number of miles traveled on the road system,
referred to as Vehicle Miles Traveled (VMT). The VMT is estimated annually for State, county,
and city roads by the DOT based on traffic counts combined with roadway length.19 Historically,
the VMT has increased annually across the United States and in Iowa. In turn, increased VMT
tends to increase fuel consumption and fuel tax receipts if fuel efficiency is unchanged.
Chart 4
Vehicle Miles Travelled 1984-2012
3.3 = 3=
y=.IW WY
=lam 1
••
12M=
--
_
I.AT.DD
�M9
19Pm
17=
��I �T ��, �9 .4 yr 1%~ �$'A 1i� �R' •R' $, \� 1 $ 9 9ry Y'A 'L Y lei S` M1v TD T� 41
However, in recent years total VMT nationwide and in Iowa have remained relatively flat. As the
above Chart 4 illustrates, VMT increases in Iowa began to slow starting in the early 2000s, a
trend mirrored at the national level. From 1983 (earliest available data) to 1999, VMT in Iowa
increased at an annual average of 2.6%. Since 2000, VMT has increased by an average of
0.5%. For the United States, these numbers are 3.1% and 0.7%, respectively. In addition to
improved fuel efficiency, this trend is reducing fuel receipts .20 Declines in per capita VMT also
portray changing driving habits. Both in Iowa and nationwide per capita VMT peaked in 2004.
Notably, Iowa's per capita VMT has declined at a slower annual pace than the national trend, an
average decrease of 0.7% for Iowa compared to 1.0% nationally. Chart 5 shows VMT per
capita history since 1983.
Chart 5
Declining VMT is a relatively new phenomenon, and projecting future VMT is beyond the scope
of this Issue Review. The VMT depends on a variety of factors, including fuel prices, economic
growth, and demographics. Considering these factors, an Energy Information Agency forecast,
discussed below, projects national VMT annual average growth at 0.9% between 2015 and
2024.
19 See DOT VMT records.
20 Robert Puentes, "Have Americans Hit Peak Travel?", 2012.
ISSUE REVIEW 8 November 21, 2014
OPTIONS AND ASSUMPTIONS
This Issue Review assesses five options to change the fuel tax and the capacity to finance road
funding shortfalls. Individual calculations share several baseline assumptions, including fuel
consumption, prices, economic conditions, and implementation time lines. Although these fuel
tax options were proposed either by the DOT or in legislation, this list is not a comprehensive
review of all potential fuel tax structures and potential modifications are numbers .21 Reviewed
options include:
• Current Law. This option will maintain the current fuel tax structure as exists.
• Ten Cent Fuel Tax Increase: This option incrementally increases the Motor Fuel Tax over
three years by 10.0 cents. The tax is increased by 3.0 cents in FY 2016, 3.0 cents in
FY 2017, and 4.0 cents per -gallon in FY 2018.
• Sales Tax: Eliminates the per -gallon fuel tax and replaces it with a tax of 6.0% on the per -
gallon retail price of fuel. The DOT identified this tax change option prior to the 2014
Legislative Session.
• Combination Fuel Tax: Imposes a tax on motor fuel and special fuel that combines a per -
gallon tax and a percentage sales tax. The tax will be 16.0 cents per gallon on gasoline and
gasohol, 18.0 cents per gallon of diesel, and a sales tax of 5.0% on the retail price of fuel.
• Inflation Index: Adjusts the fuel tax annually by the change in the Consumer Price Index for
all urban consumers (CPI -U). The annual adjustment is rounded to the nearest half -cent.
Inflationary adjustments are applied to the rounded tax rate from the prior year.
• Indexed Increase: Increases the Motor Fuel Tax (MFT) by 10.0 cents over three years and
adjusts the fuel tax annually by the annual change in the CPI -U. The tax is increased by 3.0
cents in FY 2016, 3.0 cents in FY 2017, and 4.0 cents in FY 2018. The annual CPI
adjustment is rounded to the nearest half -cent. Inflationary adjustments are applied to the
rounded tax rate from the prior year. This option was not proposed, but is a combination of a
ten cent increase and the inflation index tax changes.
Revenue estimates for these options share a common set of assumptions and utilize Energy
Information Agency Annual Energy Outlook to develop estimates. The primary EIA Energy
Outlook scenario (called reference scenario) is a "trend estimate, given known technology and
technological and demographic trends .,,22 The reference scenario provides the model for
estimates discussed in the body of the Issue Review. These assumptions are discussed in
detail in Attachment C. The EIA Energy Outlook does consider alternative assumptions .21
Two
of these scenarios are considered in high oil price scenario (Attachment D) and low oil price
scenario (Attachment E). These alternative scenarios are referenced in the Issue Review main
text, but not outlined in detail.
Alternative Options
Additional tax and fee options that leave fuel tax rates unchanged are discussed below. These
options are not comprehensive, and are intended to provide complementary or alternative
options. Additionally, the administrative functions necessary to implement these options are not
addressed. The following list reviews other options that were discussed or studied in Iowa and
other studies. The ability to estimate revenue for these options is mixed, and they are not
addressed alongside fuel tax proposals in the budget impact section.
• Mileage -Based User Fees (MBUF) are levied to drivers for total miles travelled on the road
system. Currently, MBUF programs are being piloted and tested in Colorado, Minnesota,
21 The American Petroleum Institute (API) publishes an annual summary of state motor fuel taxes.
22 EIA, "Annual Energy Outlook," May 7, 2014.
23 EIA explanation of reference case: "The AE02014 Reference case projection is a business -as -usual trend
estimates, given known technologyand technological and demographic trends. EIAexplores the impacts of alternative
assumptions in otherscenarios with different macroeconomic growth rates, world oil prices, and rates of technology
progress. The main cases in AE02014 generally assume that current laws and regulations are maintained throughout
the projections. Thus, the projections provide policy -neutral baselines that can be used to analyze policy initiatives."
ISSUE REVIEW 9 November 21, 2014
Nevada, Oregon, Texas and Washington. The University of Iowa also conducted a national
MBUF study. The programs utilize an on -board computer, smart phone, odometer or GPS
device to track the mileage of users. To date, Oregon has developed the largest pilot
program. The Oregon pilot is accepting 5,000 volunteer drivers that will pay 1.5 cents per
mile travelled. No states have implemented a statewide MBUF program. To date no bills to
enact a MBUF pilot in Iowa have been introduced. Revenue estimates are unavailable at
this time.
Electric and hybrid car fees could be adjusted to offset revenue reductions due to
increased fuel efficiency. According to the National Conference of State Legislatures
(NCSL) five states have additional annual registrations fees for electric vehicles. No states
have active annual special fees for hybrids. However, Virginia had enacted a special fee for
hybrid vehicles that was repealed in early 2014. Annual fees in other states range from $50
to $100. In 2013 the DOT identified 41 electric vehicles registered in Iowa. No bills have
proposed this change. As of October 2014, there are 223 electric cars and 21,800 hybrids
registered in Iowa.
Increasing the fee for new registration is another option that will increase revenue.
Currently the purchaser of a vehicle pays 5.0% of the vehicles sales price at the sale. This
option has not been proposed in legislation. Increasing this fee to 6.0% will increase
revenue by approximately $60.0 million according to the DOT.
Eliminate road user fee exemption for agriculture equipment. Currently, agricultural
equipment is eligible to use dyed diesel that is exempt from fuel taxes. Fuel taxes for dyed
diesel could adopt the fuel tax structure in place or adopt a parallel structure. For instance,
gallons consumed could be taxed on a flat per gallon rate or by the price of fuel. This option
has not been proposed in legislation. The DOT estimated that applying a 6.0% fuel tax will
increase revenue by $38.0 million per year.
Allow a 1.0% Local Option Sales Tax (LOST) on fuel sales. This option has not been
proposed in legislation. The DOT estimated that a 1.0% LOST on fuel sales enacted in all
local jurisdictions will increase revenue by $80.0 million per year.
BUDGET IMPACT
This section will review the budget impact of current law and the five fuel tax policies for the EIA
Reference Scenario. Specifically, this section will discuss revenue changes, behavior
compared to other scenarios, flexibility, and uncertainty. Chart 6 on the following page
illustrates total revenue for five fuel tax policies and current law projections based on the
reference scenario. The model projects declining fuel consumption in the Midwest region and
relatively stable fuel prices (Attachment C). As previously noted, these fuel tax options are not
a comprehensive list of all potential fuel tax structures.
ISSUE REVIEW 10 November 21, 2014
Chart 6
Fuel Tax Options — Reference Scenario
710,004000
664a00000 ----_. - - -'----
--Inflation Index
61g000U= -.- — - _--
-.ar-Ten Cent Fuel Tax Increase and
560,000,000 - Inflation Index
Saks Tax
514000,000 _--
-Combination Fuel Tax
484000,000
-y-Ten Cent Fuel Tax Increase
414004000
-�-Current Law
364000,000
314000,000
FY2015 FY2016 FY2017 FY201B FY2019 FY2020 FY2021 FY2022 FY2023 FY2024
Under Current Law revenue is estimated to increase by 1.1% in FY 2016 when compared to
FY 2015. After FY 2016, revenue is projected to decline between 0.8% and 1.2% each year.
ATen Cent Fuel Tax Increase will increase revenue to the RUTF by $1.6 billion over nine
fiscal years. Compared to current law, the change is estimated to increase revenue by
$57.8 million in FY 2016, $121.0 million in FY 2017, and $203.7 million in FY 2018, the first year
of full implementation. Once fully implemented, tax receipt increases are projected to gradually
decline, decreasing to $189.0 million by FY 2024. Fuel consumption decreases are projected in
all three EIA Scenarios regardless of assumed fuel prices. Consumption declines are projected
to occur faster with high oil prices and slower with low oil prices. This option will fall short of
funding the estimated critical needs shortfall, but ranks third among revenue increases. An
additional 1.0 cent increase will provide an initial increase large enough to meet the critical
needs shortfall.
Replacing a per -gallon tax with a 6.0% Sales Tax on the price of fuel has the highest degree of
uncertainty. Compared to current law, the EIA Reference Scenario projects a revenue loss of
$493.7 million over nine years, with a decrease of $55.0 million in FY 2016 and $72.1 million in
FY 2017. However, high and lowoil price scenarios substantially alter revenue projections.
The high oil price scenario is estimated to increase receipts by $637.8 million over nine years.
Whereas, the low oil price scenario is projected to reduce revenue by $1.3 billion. Based on the
above scenarios, a 6.0% sales tax will not meet the critical needs shortfall under all scenarios.
This option could be altered to increase revenue projections by raising the tax percentage or
setting a price -per -gallon floor. However, to meet the estimated critical needs shortfall, the
price -per -gallon floor must be above current gasoline and diesel prices.
In the reference scenario a Combination Fuel Tax is projected to increase revenue by $2.0
billion over nine years compared to current law, the largest increase of the proposed policies.
This option is less susceptible to fluctuations in the price of gasoline than a straight sales tax,
but still varies significantly. Over nine years the revenue difference between the high and lowoil
price scenarios is $1.1 billion. Consequently, the ability to meet the critical needs shortfall
remains dependent on oil prices. Both the reference scenario and the high oil price scenario will
raise enough money to cover the critical needs shortfall. The reference scenario will increase
ISSUE REVIEW 11 November 21, 2014
revenue by an average of $224.5 million per year, whereas the high oil price scenario will
increase revenue by an average of $317.7 million per year. The lowoil price scenario will
increase revenue by an average of $160.9 million per year. This option could be amended to
decrease or increase revenue estimates. A floor for the taxed price of gasoline would limit the
potential of a lowoil price scenario to decrease revenue below $215.0 million. The option could
include a ceiling on the price of oil. A price ceiling and floor could be used independently or in
concert, and could adjust in future years. Similarly, different taxation levels could be set. This
includes considering tax percentages other than 5.0% of the price of fuel or adjusting the per
gallon portion of the tax.
The fourth option links fuel tax to an Inflation Index to annually adjust the per gallon fuel tax. In
the reference case this option is projected to provide the fourth largest increase compared to
current law. Over nine years, an additional $399.3 million will be collected in fuel tax. This is an
average annual increase of $44.3 million, short of the critical needs shortfall of $215.0 million
per year. Notably, the low oil price scenario is the best environment for total fuel tax collection
when the fuel tax is indexed to inflation. The E IA high oil case projects steeper declines in fuel
consumption due to higher fuel prices. Consequently, the decrease in motor fuel consumption
under the high oil price scenario will offset larger CPI adjustments that occur in a high -fuel -cost
environment. However, an environment with annual inflation below 1.0% prevents annual
adjustments to the fuel tax. Such an environment is not forecast in the three EIA scenarios
presented in this Issue Review. An Inflation Index could be amended to include a maximum
or minimum annual adjustment, or to stagger years when an adjustment may occur.
The final option is to increase the fuel tax by ten cents and annually adjust the tax by inflation
(Ten Cent Fuel Tax Increase and Inflation Index). In the reference case this option is
projected to increase revenue by $2.0 billion over nine years compared to current law, the
second largest increase of given options. Outside of the 10 -year time frame, this option is likely
to provide the largest revenue increase. Currently, this option raises less money than the
Combination Fuel Tax due to a phased implementation. Once fully implemented in FY 2018,
this option will increase revenue by an annual average of $256.9 million per year, ranking first
among selected tax policies. After the third, year this tax change will surpass the critical needs
shortfall of $215.0 million per year. In the alternative scenarios this tax change will behave
identically to the Inflation Index fuel tax. An Indexed Increase will increase revenue enough to
cover the critical needs shortfall in all scenarios. Finally, this option could be amended to
include a maximum or minimum annual adjustment, or to stagger adjustment years. Cent -per -
gallon increases could also be phased in over a longer period of time.
Any amendments or alterations to tax options listed will change the estimated fiscal impact of
the options discussed in this Issue Review.
CONCLUSION
Revenue estimates for the five fuel tax options included in this Issue Review demonstrate the
capacity of potential changes to generate new revenue in three different environments.
Changing driving behaviors and increasing fuel efficiency forecasted in all three EIA models,
appear poised to decrease fuel consumption as the DOT identifies large unfunded construction
and maintenance needs on State roads. Current law projections are estimated to reduce
revenue by $32.4 million when comparing FY 2024 to FY 2015. Proposed fuel tax options
demonstrate capacity, likelihood, and certainty of funding critical need shortfalls in different
environments. Of the five tax changes estimated in this Issue Review, two are projected to
increase revenue enough to meet an annual critical needs shortfall of $215.0 million.
ISSUE REVIEW 12 November 21, 2014
A Combination Fuel Tax generates the highest level of potential revenue, but has a higher
degree of uncertainty due to its relationship to fuel prices. An Indexed Increase to the fuel tax
has slightly less revenue potential within the nine years projected, primarily due to a phased
implementation. Once fully implemented, this option averages the highest annual revenue
increase, and lower uncertainty. ATen Cent Fuel Tax Increase is the other option that
provides revenue approaching critical funding levels. If altered by adding an additional 1.0 cent,
this option will increase revenue by over $215.0 million, but revenue will decrease over time.
Table 3 summarizes the performance of each option under the EIA reference scenario.
Attachment F compares policies by the EIA high and low oil price scenarios and the range in
estimated revenue between scenarios.
Table 3
STAFF CONTACT: Adam Broich (515-281-8223) adam.broich(a)legis.iowa.gov
Reference Senario
Nine -Year Revenue
Average Annual
Critical
Average
Option
Increase
Increase
Needs
Yearly Change
Inflation Index
$399.2 million
$44.4 million
No
0.9%
Indexed Increase
$2,006.6 million
$229.5 million
Yes
0.3%
Sales Tax
($493.7 million)
($54.9 million)
No
1.3%
Combination Fuel Tax
$2,020.1 million
$224.5 million
Yes
0.0%
Ten Cent Fuel Increase
$1,553.0 million
$172.6 million
No
-1.2%
STAFF CONTACT: Adam Broich (515-281-8223) adam.broich(a)legis.iowa.gov
Attachment A
Motor Fuel Tax Schedule
The 2014 Iowa General Assembly extended the current motor fuel tax schedule that determines
fuel tax rates for ethanol -blended gasoline and unblended gasoline in HF 2444. This Act
extended current fuel tax rates to June 30, 2015. The tax rate for ethanol -blended gasoline is
19.0 cents per gallon. The tax rate for unblended gasoline is 21.0 cents per gallon. Without this
Act, tax rates for ethanol -blended and unblended gasoline would have been 20.0 cents. The
Department of Revenue determines the gasoline tax rate based on the market share
percentage of ethanol -blended gasoline sold during the previous calendar year (Iowa Code
section 452A3). During calendar year 2013, the percentage remained between 70.0% and
75.0%. The General Assembly has extended the fuel tax schedule by an additional year during
each of the last three Legislative Sessions (2012 through 2014). The General Assembly may or
may not continue this practice in future legislative sessions. The current fuel tax schedule is
displayed below.
Fuel Tax Schedule
(Expires June 30, 2015)
Ethanol -Blended
Ethanol-
Unblended
Market Share
Blended
Gasoline
Percentage
Tax
Tax
0%-50%
19.0
20.0
50%-55%
19.0
20.1
55%-60%
19.0
20.3
60%-65%
19.0
20.5
65%-70%
19.0
20.7
70%-75%
19.0
21.0
75%-80%
19.3
20.8
80%-85%
19.5
20.7
85%-90%
19.7
20.4
90%-95%
19.9
20.1
95%-100%
20.0
20.0
Attachment B
DOT Revenue Projections
To project the adequacy of revenue to cover roadway needs the DOT developed 20 -year
revenue projections. To estimate future revenues the DOT was required to determine revenue
at three levels of government: Local, state and federal. Each study presented a single revenue
and funding -needs scenario.
For each road study the DOT adopted a similar methodology. The projections adopted the
following assumptions:
• State funding, driven by the RUTF, was projected to grow at the same annual rate for each
year.
• RUTF grow rates were intended to account for slower growth due to increased fuel
efficiency and declining VMT. However, the revenue projection does not rely on VMT or
MPG projections to determine the growth rate.
• Similarly, revenue projections do not directly account for alternative fuels.
• Federal funding is a constant dollar amount each year. Future federal funding levels are
uncertain. Currently, the Federal Highway Trust Fund will be depleted in May 2015.
Congressional action is necessary to continue federal aid at current funding levels after May
31. 2015.
• Local funding is a constant dollar amount each year.
For the 2011 road study, road funding for local, federal, and State was estimated to be $650.0
million (29.5%), $375.0 million (17.0%), and $1,180.0 million (53.5 %), respectively.
Attachment C
Shared Assumption
Each of the fuel tax options utilizes different mechanisms to increase or adjust the fuel tax.
However, all revenue estimates rely on the following assumptions:
The Iowa DOT forecasts gallon consumption to develop the 5 -year Transportation
Improvement Program, and utilizes the Energy Information Agency (EIA) Annual Energy
Outlook to estimate future consumption. This Issue Review adopts the DOT's
methodology, and expands the time frame by five years. Gasoline and gasohol
consumption is projected to decline between 1.5% and 2.4% per year over the 10 -year
period (shown in Table 1). Diesel consumption is projected to increase between 0.5% and
1.7% per year over the same period.
Table 1
Estimated Fuel Gallons Consumed in Iowa
The LSA projections utilize EIA annual forecasts for future fuel prices and CPI -U. Prices are
at the retail level, but do not include State and federal fuel taxes. The primary EIA Energy
Outlook scenario (called reference scenario) is a "trend estimate, given known technology
and technological and demographic trends."' However, the EIA Energy Outlook does
consider alternative assumptions.' Two of these scenarios are considered in high oil price
scenario (Attachment D) and low oil price scenario (Attachment E). Gasoline and gasohol
prices in these scenarios vary by $1.30 in 2015 and by up to $2.05 over the course of this
projection.
The retail price, shown in Table 2, is assumed to be the price of fuel at the pump minus State
and federal taxes.
' EIA, "Annual Energy Outlook," May 7, 2014.
' EIA explanation of reference case: "The AE02014 Reference case projection is a business -as -usual trend
estimates, given known technologyand technological and demographic trends. EIA explores the impacts of alternative
assumptions in otherscenarios with different macroeconomic growth rates, world oil prices, and rates of technology
progress. The main cases in AE02014 generally assume that current laws and regulations are maintained throughout
the projections. Thus, the projections provide policy -neutral baselines that can be used to analyze policy initiatives:'
Gasohol
Gasoline
Diesel
FY 2015
1,150,018,465
447,229,403
704,249,492
FY 2016
1,132,768,188
440,520,962
716,221,734
FY 2017
1,113,511,129
433,032,106
721,951,508
FY 2018
1,092,354,417
424,804,496
725,561,265
FY 2019
1,070,507,329
416,308,406
729,189,071
FY 2020
1,048,026,676
407,565,929
732,835,017
FY 2021
1,024,970,088
398,599,479
737,232,027
FY 2022
1,001,395,776
389,431,691
742,392,651
FY 2023
978,363,674
380,474,762
746,847,007
FY 2024
954,882,945
371,343,368
752,074,936
The LSA projections utilize EIA annual forecasts for future fuel prices and CPI -U. Prices are
at the retail level, but do not include State and federal fuel taxes. The primary EIA Energy
Outlook scenario (called reference scenario) is a "trend estimate, given known technology
and technological and demographic trends."' However, the EIA Energy Outlook does
consider alternative assumptions.' Two of these scenarios are considered in high oil price
scenario (Attachment D) and low oil price scenario (Attachment E). Gasoline and gasohol
prices in these scenarios vary by $1.30 in 2015 and by up to $2.05 over the course of this
projection.
The retail price, shown in Table 2, is assumed to be the price of fuel at the pump minus State
and federal taxes.
' EIA, "Annual Energy Outlook," May 7, 2014.
' EIA explanation of reference case: "The AE02014 Reference case projection is a business -as -usual trend
estimates, given known technologyand technological and demographic trends. EIA explores the impacts of alternative
assumptions in otherscenarios with different macroeconomic growth rates, world oil prices, and rates of technology
progress. The main cases in AE02014 generally assume that current laws and regulations are maintained throughout
the projections. Thus, the projections provide policy -neutral baselines that can be used to analyze policy initiatives:'
Attachment C
Table 2
Estimated Fuel Prices and CPI -U in Iowa
Note: Fuel prices listed are used to calculate fuel tax changes
These prices are current yea prices tar the prior year.
• The Ten Cent increase and Inflation Index tax changes will maintain the tax schedule for
gasohol (ethanol blended) and gasoline (unblended fuel). Gasohol and gasoline market
share will remain at 72.0% and 28.0%, respectively. For FY 2012 and 2013, the monthly
market share of blended ethanol averaged 71.8%.
• Fuel tax refunds will remain at 6.4% of annual fuel receipts, an average of the last five years
of fuel tax refunds.
• Four of the five fuel tax options are adjusted based on either the retail price of fuel or CPI -U.
In Iowa, fuel taxes are currently levied at the wholesale level. This Issue Review assumes
that adjustments to the fuel tax will occur on an annual basis. Fuel taxes based on the price
of fuel will not fluctuate like a true sales tax. Rather, they will be adjusted annually based on
the price of fuel in the prior year. This will eliminate daily fluctuation in fuel tax receipts and
utilize the existing fuel tax infrastructure rather than new mechanisms. Adjustments to CPI -
U fuel tax estimates will use similar mechanisms. All adjustments use the most recently
calculated price or CPI -U; as a result, adjustments to fuel taxes for FY 2016 will use 2014
fuel prices and CPI -U.
Fuel tax increases are assumed to be deposited in the RUTF rather than the TIME -21 Fund.
Gasoline/Gasohol
Diesel
CPI
2015
2.77
3.17
1.6%
2016
2.70
3.17
1.6%
2017
2.70
3.21
1.7%
2018
2.74
3.30
1.8%
2019
2.81
3.43
1.99/0
2020
2.89
3.54
1.9%
2021
2.98
3.67
1.9%
2022
3.06
3.81
1.91YO
2023
3.15
3.92
2.09/o
2024
3.24
4.03
2.0%
Note: Fuel prices listed are used to calculate fuel tax changes
These prices are current yea prices tar the prior year.
• The Ten Cent increase and Inflation Index tax changes will maintain the tax schedule for
gasohol (ethanol blended) and gasoline (unblended fuel). Gasohol and gasoline market
share will remain at 72.0% and 28.0%, respectively. For FY 2012 and 2013, the monthly
market share of blended ethanol averaged 71.8%.
• Fuel tax refunds will remain at 6.4% of annual fuel receipts, an average of the last five years
of fuel tax refunds.
• Four of the five fuel tax options are adjusted based on either the retail price of fuel or CPI -U.
In Iowa, fuel taxes are currently levied at the wholesale level. This Issue Review assumes
that adjustments to the fuel tax will occur on an annual basis. Fuel taxes based on the price
of fuel will not fluctuate like a true sales tax. Rather, they will be adjusted annually based on
the price of fuel in the prior year. This will eliminate daily fluctuation in fuel tax receipts and
utilize the existing fuel tax infrastructure rather than new mechanisms. Adjustments to CPI -
U fuel tax estimates will use similar mechanisms. All adjustments use the most recently
calculated price or CPI -U; as a result, adjustments to fuel taxes for FY 2016 will use 2014
fuel prices and CPI -U.
Fuel tax increases are assumed to be deposited in the RUTF rather than the TIME -21 Fund.
810,000,000
760,000,000
710,000,000
660,000,000
610,000,000
560,000,000
510,000,000
460,000,000
410,000,000
360,000,000
310,000,000
HIGH OIL PRICE SCENARIO
Fuel Tax Policy Options — High Oil Price Scenario - Iowa
FY FY FY FY FY FY FY FY FY FY
2015 2016 2017 2018 2019 2020 2021 2022 2023 2024
Attachment D
--41—Inflation Index
Ten Cent Fuel Tax Increase
and Inflation Index
—*—SalesTax
—@—Combination Fuel Tax
--O—Ten Cent Fuel Tax Increase
—0—CurrentLaw
Estimated Fuel Gallons Consumed in Iowa — High Oil Price Scenario
Estimated Fuel Prices and CPI -U in Iowa — High Oil Price Scenario
Gasohol
Gasoline
Diesel
FY 2015
1,137,260,564
442,267,997
686,403,014
FY 2016
1,110,781,714
431,970,667
698,681,716
FY 2017
1,082,919,943
421,135,534
713,620,942
FY 2018
1,053,576,295
409,724,115
716,067,802
FY 2019
1,024,101,035
398,261,514
714,754,189
FY 2020
995,740,523
387,232,425
711,101,380
FY 2021
968,108,332
376,486,573
708,201,109
FY 2022
941,500,838
366,139,215
704,293,568
FY 2023
916,407,878
356,380,841
700,236,186
FY 2024
892,158,029
346,950,344
695,556,127
Estimated Fuel Prices and CPI -U in Iowa — High Oil Price Scenario
Gasoline/Gasohol
Diesel
CPI
2013
$ 3.04
$ 3.41
1.49/
2014
2.93
3.28
1.8%
2015
3.51
4.08
2.9%
2016
3.70
4.40
2.3%
2017
3.80
4.66
2.1%
2018
3.91
4.81
2.1%
2019
4.01
4.93
2.(M.
2020
4.09
5.06
2.0%
2021
4.17
5.18
2.0%
2022
4.24
5.31
2.1%
770,000,000
720,000,000
670,000,000
620,000,000
570,000,000
520,000,000
470,000,000
420,000,000
370,000,000
320,000,000
270,000,000
i4z,J i d d
LOW OIL PRICE SCENARIO
Fuel Tax Policy Options — Low Oil Price Scenario - Iowa
til 10,
Attachment E
—40 --inflation Index
—*—Ten Cent Fuel Tax Increase
and Inflation Index
tSalesTax
—@—Combination Fuel Tax
-4--Ten Cent Fuel Tax Increase
Current Law
Estimated Fuel Gallons Consumed in Iowa — Low Oil Price Scenario
Estimated Fuel Prices and CPI -U in Iowa—Low Oil Price Scenario
Gasohol
Gasoline
Diesel
FY 2015
1,159,792,776
451,030,524
707,555,984
FY 2016
1,153,485,731
448,577,784
718,554,469
FY 2017
1,144,066,563
444,914,774
720,952,976
FY 2018
1,131,583,777
440,060,358
722,958,166
FY 2019
1,116,423,449
434,164,675
725,824,458
FY2020
1,100,005,926
427,780,082
730,106,244
FY 2021
1,082,018,623
420,785,020
735,290,504
FY 2022
1,062,965,692
413,375,547
740,683,281
FY 2023
1,043,426,247
405,776,874
746,967,499
FY 2024
1,023,042,139
397,849,721
754,016,283
Estimated Fuel Prices and CPI -U in Iowa—Low Oil Price Scenario
Gasoline/Gasohol
Diesel
CPI
2013
$ 3.02
$ 3.38
1.4%
2014
2.87
3.20
1.8%
2015
2.21
2.50
0.7%
2016
2.14
2.43
1.5%
2017
2.12
2.48
1.6%
2018
2.12
2.52
1.7%
2019
2.14
2.54
1.8%
2020
2.16
2.56
1.81Y
2021
2.18
2.59
1.8%
2022
2.19
2.61
1.70%
Attachment F
FUEL TAX OPTIONS BY EIA SCENARIO
Attachment D compares the performance of individual fuel tax options across EIA Scenarios.
Charts display the revenue increases compared to the critical needs funding level.
r r rrr rrr
rrr rr, rrr
r rrr rrr
,rr rrr rrr
r rrr rrr
Table 1
Nine Year Total Revenue Variance Between EIA Scenarios
1. Shows the range in estimated total revenue between EIA
scenarios foreach policy.
Chart 1
CPI Index - Meeting Critical Needs (Revenue Change)
(50,000,0
k ryo�y �ryo1
10 F,ryo~1 FJryo~00 F,ryo�� �ryo,LO F�~O~� 4+~oryry 4+ryory3 F°ryoryp
—CPI Index - Reference Case
— CPI Index - High Oil Price Case
— CPI Index - Low Oil Price Case
....... Critical Needs Funding Level
:hart 1 shows that the CPI Index option will fall short of funding critical needs in all EIA
Scenarios. Projections estimate that lower inflation environments will result in higher fuel tax
revenue. Scenarios that assume higher fuel prices will result in higher inflation. However, CPI
adjustments are inadequate to offset declining fuel demand in a higher fuel price environment.
Total Revenue -
Difference Between
Option
Scenarios'
Rank
Inflation Index
$236.5 million
1
Indexed Increase
$289.2 million
2
Sales Tax
$1,617.5 million
5
Combination Fuel Tax
$1,125.7 million
4
Ten Cent Fuel Tax Increase
397.2 million
3
1. Shows the range in estimated total revenue between EIA
scenarios foreach policy.
Chart 1
CPI Index - Meeting Critical Needs (Revenue Change)
(50,000,0
k ryo�y �ryo1
10 F,ryo~1 FJryo~00 F,ryo�� �ryo,LO F�~O~� 4+~oryry 4+ryory3 F°ryoryp
—CPI Index - Reference Case
— CPI Index - High Oil Price Case
— CPI Index - Low Oil Price Case
....... Critical Needs Funding Level
:hart 1 shows that the CPI Index option will fall short of funding critical needs in all EIA
Scenarios. Projections estimate that lower inflation environments will result in higher fuel tax
revenue. Scenarios that assume higher fuel prices will result in higher inflation. However, CPI
adjustments are inadequate to offset declining fuel demand in a higher fuel price environment.
35Q000,000
300,000,000
250,000,000
200,000,000
150,000,000
100,000,000
50,000,000
(50,000,000)
Fiti�y ��otie F`~�,^ �ryatie <kryotie �tioti° �ryati� F`ti�� �itio� F°ryory�
Attachment F
Chart 2
Indexed Increase - Meeting Critical Needs (Revenue Change)
_CPI Index -Reference Case
—CPI Index -High Oil Price Case
_CPI Index - Low Oil Price Case
• • • • . • . Critical Needs Funding Level
Chart 2 shows that an Indexed Increase fuel tax will fund the critical needs shortfall in all
scenarios. Projections estimate that lower inflation environments will result in higher fuel tax
revenue. Scenarios that assume higher fuel prices will result in higher inflation. However, CPI
adjustments are inadequate to offset declining fuel demand in a higher fuel price environment.
Chart 3
Sales Tax - Meeting Critical Needs (Revenue Change)
Sales Tax -Meeting Critical Needs (Revenue Change)
250,000,000
....................................................................
zoo,000000
150,000,000
100,000,000
50 000 000 CPI Index - Reference Case
—CPI Index - High Oil Price Case
(50,000,000) —CPI Index - Low Oil Price Case
(100'030'000) •••••.• Critical Needs Funding Level
(150.x.000)
(200.000.000)
Chart 3 indicates that a Sales Tax will be unable to fund critical needs in all EIA Scenarios.
Additionally, a Sales Tax is estimated to have a high degree of uncertainty. Projections show
that moving to a Sales Tax will increase the critical funding shortfall under the Reference and
Low Oil Price Scenario.
Attachment F
Chart 4
Combination Fuel Tax - Meeting Critical Needs (Revenue Change)
350,000,000
300,000,000
250,000,000
200,000,000
150,000,000
100,000,000
50,000,000
(50,000,000)
F+~O~y F�ryO~b F�ryO~^ F�ryO•L6 �ryO.10 t+ryO•t0 4JryOry', F+ryO.4'b t+ryO•y^' FJryO,yp
—CPI Index - Reference Case
—CPI Index -High Oil Price Case
CPI Index -Low Oil Price Case
....... Critical Needs Funding Level
Chart 4 shows that a Combination Fuel Tax will increase revenue enough to cover the critical
needs shortfall in the EIA Reference and High Oil Price Scenario. The Low Oil Price Scenario
will fall short of funding critical needs.
Chart 5
Ten Cent Fuel Tax Increase - Meeting Critical Needs (Revenue Change)
r rrr rrr
rr rr, rrr
r rrr rrr
rr rrr rrr
r rrr rrr
(50,000,000)
oryotih �ryoti� �ryoti�+ryo� ��vo~A°ryo�O°ryoti~ �,ryo�y°ryoti3 t+~otie
—CPI Index - Reference Case
—CPI Index - High Oil Price Case
—CPI Index - Low Oil Price Case
....... Critical Needs Funding Level
Chart 5 shows that a Ten Cent Fuel Tax Increase will increase revenue enough to cover the
critical needs shortfall only in the Low Oil Price Scenario. Under the Reference Scenario this
nntinn falls short with a revenue increase of $198.7 million once fully implemented, but revenue
ecline thereafter.
Marian Karr
From:
Tom Markus
Sent:
Wednesday, December 03, 2014 11:15 AM
To:
Marian Karr
Subject:
FW: Anti -racism work in the ICPD
Next info packet please.
From: Stefanie Bowers
Sent: Wednesday, December 03, 2014 10:25 AM
To: 'kira-pasquesi@uiowa.edu'
Cc: Tom Markus; Geoff Fruin; Sam Hargadine
Subject: FW: Anti -racism work in the ICPD
Kira,
Thank you for your inquiry. In the spring of 2012, the City Council created an Ad Hoc Diversity Committee to
review issues relating to diversity within the City organization. This included the Iowa City Police Department.
The Ad Hoc Diversity Committee included within its review the policies, practices, and procedures of the Iowa
City Police Department. Based upon this review the Ad Hoc Diversity Committee made recommendations to
the City Council in March of 2013. City staff developed an implementation form and reporting process
designed to incorporate recommendations from both the Ad Hoc Diversity Committee and City staff. The City
Manager initiated a Diversity Taskforce and appointed an Equity Director to ensure the recommendations are
implemented and in compliance with the goals of the City Council. The City Council passed a resolution
supporting various recommendations from City staff and the Diversity Committee.
In reviewing the email you sent to the City Manager Tom Markus on Tuesday, December 2, I note that many of
your timely suggestions are currently underway here in Iowa City including increasing participation of youth of
color in the Youth Police Academy and also in our efforts to improve interactions between the Iowa City Police
Department and persons of color. This link http://www.ic og v.org/?id=2281 takes you to the Diversity
Implementation Form (DIF). It lists the various community outreach activities of the Iowa City Police
Department through July of 2014. An updated version should be available in the near future. The Iowa City
Police Department implemented a Youth Police Academy in the summer of 2013 based on one of the
recommendations from the Ad Hoc Diversity Committee. The Iowa City Police Department will be offering the
Youth Police Academy again in the summer of 2015 and is working closely with Diversity Focus and The
Dream Center on the Youth Police Academy in hopes of increasing not only the number of youth who
participate but also the diversity of the youth who participate. I have provided the links to Diversity Focus
(http://www.diversilyfocus.org� and The Dream Center (http://thedreamcenteria.oEo should you want more
information on these organizations. The Iowa City Police Department is also participating in a diversion
program aimed at youth charged with first offense disorderly conduct. The diversion program entitled
LADDERS has been acknowledged by the Chief Justice of the Iowa Supreme Court, Mark Cady. The Iowa
City Police Department has also been working with Dr. Christopher Barnum of St. Ambrose University to study
disproportionate minority contact by the Iowa City Police Department. The findings of Dr. Barnum's first report
can be found at this link http://www.ic og vorg/?id=2391 along with a video link to his presentation to the City
Council in June of this year. There are many more initiatives that are ongoing not only within the Iowa City
Police Department but within City operations as it relates to matters of equity. Many of these initiatives can be
found in the 2013 Equity Report located at the City link above. The City Council has also acknowledged the
importance of making Iowa City a more welcoming and inclusive community in its 2014-2015 Strategic Plan.
In closing, the City is committed and devoted to ending any racial inequalities that exist within our areas of
operation and service and work daily at achieving this goal. If you need additional information or would like to
discuss these matters in person please just let me know. We always welcome input from community members
on how we can improve to better serve all.
Sincerely,
Stefanie Bowers
Equity Director
From: Pasquesi, Kira L [mailto:kira-pasquesi@uiowa.edu]
Sent: Tuesday, December 02, 2014 3:53 PM
To: Tom Markus
Subject: Anti -racism work in the ICPD
Mr. Markus,
My name is Kira Pasquesi , and I'm an Iowa City resident.
I'm writing this afternoon as someone who believes our community should be a place that supports the dignity
of all of its citizens. I call on the Iowa City Police Department to allocate $100,000 in fiscal year 2016 and each
year following to be dedicated to anti -racism work within the ICPD.
This could include, but is not limited to:
• increased participation of youth of color in the Youth Police Academy,
• the hiring of a full time staff person to be housed in the ICPD who will provide training and oversight of
police activity related interactions with communities of color, and
• increased efforts to support improved interactions between the ICPD and people of color.
By investing financial resources, the ICPD will be putting forth the necessary effort in continuing its devotion to
ending racial inequality in our city and will demonstrate ICPD's commitment to reducing disproportionate
minority contact.
Thank you for your time.
Kira Pasquesi
IC Resident
:12-�04-14
Wj
JOHNSON COUNTY IOWA
CRIMINAL JUSTICE COORDINATING COMMITTEE
MEETING
MINUTES • OCTOBER 1, 2014
Conference Rooms 203 BIC Committee Meeting 4:30 PM
HEALTH AND HUMAN SERVICES BUILDING
855 SOUTH DUBUQUE STREET
IOWA CITY, IA 52240
PHONE: 319-356-6000
www.JOHNSON-COUNTY.com
www.JOHNSONCOUNTYIA.IQM2.com
CRIMINAL JUSTICE COORDINATING COMMITTEE MEETING
A. CALLED TO ORDER AT 4:30 PM
Criminal Justice Coordinating Committee Members present: Supervisor John Etheredge,
Supervisor Pat Harney, Supervisor Terrence Neuzil, Supervisor Janelle Rettig, and
Supervisor Rod Sullivan, Coralville Chief of Police Barry Bedford, MECCA Director Ron
Berg, Iowa City City Council Member Kingsley Botchway II, Community Representative
Simone Frierson, Bar Association Representative James McCarragher, County Sheriff Lonny
Pulkrabek, and Solon Resident Diane Werzer; Department of Corrections Supervisor Jerri
Allen arrived at 4:54 p.m.
Absent: Iowa City Crime Prevention Officer Jorey Bailey, Community Representative Karen
Fesler, Iowa City Public Library Adult Service Coordinator Kara Logsden, County Attorney
Janet Lyness, Bar Association Representative Thomas Maxwell, University of Iowa Student
Representative Evan McCarthy, North Liberty City Council Member David Moore, State
Public Defender's Managing Attorney Peter Persaud, Sixth Judicial District Judge Douglas
Russell, Community Representative Professor Emeritus John Stratton, and Consultation of
Religious Communities Representative Dorothy Whiston.
Staff present: Board of Supervisors Executive Assistant Andy Johnson and Auditor's Office
Administrative Secretary Kymberly Zomermaand.
B. COMMITTEE BUSINESS
1. Update and direction regarding addressing the needs of the Courthouse, including
but not limited to: design of a courthouse annex, cost estimate, bond referendum,
vacation of Harrison Street, public education and outreach and other related issues
Neuzil reported that he and County Attorney Janet Lyness attended the Johnson
County League of Women Voters Ballot Issues Forum this week. They provided an
update and answered constituent concerns about the Courthouse Annex bond
referendum and the local option sales tax.
McCarragher gave an update on the Courthouse tour schedule and other public
outreach information meetings, events, and articles in the paper. McCarragher,
Neuzil, and Rettig reported on the September public information meetings.
Johnson County Iowa Page 1
Minutes Criminal Justice Coordinating Committee October 1, 2014
Deputy Auditor of Elections Kingsley Botchway II reported that the Auditor's Office
has received almost 2,000 voted ballots since September 25th.
Board of Supervisors' Candidate Mike Carberry spoke about a postcard he received
in the mail with publicity against the Courthouse annex bond referendum. Neuzil
confirmed that others received the postcard too and he clarified that the Courthouse
annex building does not include a jail.
Frierson inquired if the Board is willing to hold more public input or information
meetings. McCarragher and Rettig said if residents ask, then yes.
Executive Assistant Andy Johnson showed the Courthouse annex video created by
Neumann Monson Architects.
Sullivan left at 4:42 p.m.
McCarragher, Botchway, and Former University of Iowa Facilities Manager Larry
Wilson recommended the Board make a few edits before making it available to the
public.
2. Update and direction regarding addressing the needs of the Jail, including but not
limited to plans and process for necessary repair and maintenance projects and
other related issues
Johnson provided an update on the Jail Upgrade project process and timeline.
3. Reports and updates from subcommittees
Botchway noted that the Disproportionate Minority Contact Subcommittee discussed
a three part strategy regarding disproportionate minorities which included: examining
criminal justice models that address minority disparity, speaking to police
departments about what data is collected, and, examining data on marijuana arrests.
4. Additional comments from Criminal Justice Coordinating Committee members
The next meeting is scheduled November 5, 2014 at 4:30 p.m.
C. COMMENTS FROM THE PUBLIC - No one from the public spoke.
D. ADJOURNED AT 5:01 PM
Johnson County Iowa Poge 2
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CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
November 21, 2014
TO: The Honorable Mayor and the City Council
RE: Civil Service Entrance Examination — MAINTENANCE WORKER II —
GOVERNMENT BUILDINGS
Under the authority of the Civil Service Commission of Iowa City, Iowa, I do hereby
certify the following named person(s) as eligible for the position of Maintenance Worker
II — Government Buildings.
Brian Buhr
IOWA CJTYCIVIL SERVICE COMMISSION
I Holley
12-04
r7l
IP11
Ad Hoc Senior Services Committee
November 24, 2014
Page 1
MINUTES DRAFT
AD HOC SENIOR SERVICES COMMITTEE
NOVEMBER 24, 2014 — 3:30 P.M.
HARVAT HALL, CITY HALL
Members Present: Mercedes Bern -Klug, Rick Dobyns, Jane Dohrmann, Jay Honohan, Hiram
Rick Webber, Joe Younker (Chair)
Staff Present: Geoff Fruin, Marian Karr, Linda Kopping
RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council
action):
None.
CALL TO ORDER:
Chairperson Younker called the meeting to order at 3:40 P.M.
APPROVE MINUTES OF 11/12/14 AND 11/14/14 MEETINGS:
Honohan moved to approve the minutes of the 11/12/14 and 11/14/14 meetings as
presented. Dohrmann seconded the motion. The motion carried 6-0.
ACTION ON REPORT TO COUNCIL:
Younker stated that he would entertain a motion to approve and adopt the report included in the
meeting packet as the report of the Committee, and transmit the report to Council for completion
of their charge. Dohrmann moved to approve and adopt the report included in the
meeting packet. Bern -Klug seconded the motion. Dobyns asked if when a report such as
this is submitted to Council if it means that the Members agree with the report or that they felt
the document was appropriately the will of the committee. Younker stated that he sees it as the
Committee is charged with submitting a report to Council, and the Committee cannot do this
without a majority of the Members agreeing with the report. He added that the reason that any
particular Member votes against the report, they can always make a statement to clarify the
record but that the vote is basically saying this is the report being sent to Council. Karr added
that it does reflect the majority of the Committee.
Honohan stated that he believes there is one thing missing from the report. He believes they
need to have something complimenting Asst. City Manager Fruin and City Clerk Karr for the
work that they have done for this Committee. He continued, stating that in his opinion, the City
Clerk has done an outstanding job in keeping up with all of the motions and minutes that have
taken place. Honohan reiterated that whether it is part of the official report or an addendum to
the report, he would like to see some mention of staff's help in this matter. Others agreed that
this is a good idea. Younker suggested putting this in the cover letter of the report. Continuing,
Honohan stated that he would also like to make some amendments to the final report. First is in
regards to the Milken report. Honohan moved to add a new bullet point at the end of the
list in the Executive Summary, that the City should continue its strong support for the
Center and the agencies who serve seniors for their role in Iowa City receiving the
Ad Hoc Senior Services Committee
November 24, 2014
Page 2
number one ranking in the Milken Institute Best Cities for Successful Aging. Dohrmann
noted her agreement to a friendly amendment to her original motion. Dobyns asked who
on the Committee has read the Milken report, noting that he has. Dohrmann stated that she
reviewed it but has not read it. Webber noted that he has not read the entire report himself.
Younker then asked Bern -Klug if she were agreeable to second the amendment as discussed.
Bern -Klug noted her agreement with this amendment. Dobyns stated that he is going to
vote 'no' on this amendment, and that he has read the Milken report. He does not believe they
should adopt something unless the people who might vote 'yes' to this amendment have read
the report. He also stated he does not believe it to be relevant here. Honohan responded that
he does believe it to be relevant and that it is quite an honor for the City to be ranked #1 in this
report. He added that there were 84 different criteria for selecting cities, and Iowa City came out
on top. Honohan noted that the Mayor is in support of this report, as well. Dobyns stated that
while this is a great award, he does not believe the report to be relevant to the discussion items.
Bern -Klug stated that she believes it could be relevant as it refers to senior services, which is
part of their charge. Dohrmann stated that she did visit the web site and that everything she
read was positive in its review of Iowa City. Conversation continued, with Dobyns stating that
he would be in support of this amendment if he felt it was the will of the group to add this.
Younker suggested they take the amendment up separately then, and others agreed. Honohan
moved to include his first amendment in the final report. Webber seconded the motion.
Members continued to speak to the Milken report and when they became aware of its existence.
Dobyns added that he believes submitting something that may not be relevant to the report,
especially this late in the process, would not be appropriate. The motion failed 2-4, Webber
and Honohan in the positive.
Moving on to his seconded amendment, Honohan moved to add to the conclusion at the
end of the last sentence the wording `and continue to be recognized as a Best City for
Successful Aging. Dobyns seconded the motion. The motion carried 6-0.
Honohan then spoke to the fourth bullet on the Executive Summary, where it says 'external
municipalities.' Honohan moved to delete `external municipalities' and replace it with
`other cities in Johnson County and the Board of Supervisors.' Bern -Klug seconded the
motion. Honohan stated that in previous years the Center has approached other cities within
Johnson County, and the Board of Supervisors as well, to ask for more funding. This is what he
is trying to do in the wording here. The motion carried 6-0.
Moving to page 2, Obstacle B, Honohan moved to delete `the working committee.' He
added that what they want here is 'the Senior Center Commission, the Steering Council, and the
Center staff should continue to explore ways to add the current diversity of participants at the
Center.' Honohan stated that this change does not make any change to the obstacle, but that
`the working committee' is not clear. Dobyns seconded the motion. The motion carried 6-0.
Honohan then moved to page 9, B — he stated that they need to do this here to remain
consistent and made the motion to this effect. Webber seconded the motion. The
motion carried 6-0.
On page 6, the last paragraph, Honohan questioned who the 'providers' are here. Then he
stated that he would delete `Although' and put a period after `providers,' if they know
who they are. Fruin noted that the two senior service providers would be Pathways and Elder
Services in this instance. Bern -Klug seconded the motion. The motion carried 6-0.
Ad Hoc Senior Services Committee
November 24, 2014
Page 3
Dohrmann pointed out a grammatical error on page 8, 38 of the .pdf file — Section 3, #1, where it
says 'the Committee recognize,' it should say 'recognizes.' Bern -Klug noted that on page 7,
under Section 2, she asked if they could spell out what HAAA stands for, and also MECCA,
VNA, and SEATS. Younker reiterated that the motion now on the floor is to adopt and approve
the report, and to transmit it to Council as amended. The majority agreed with the suggested
changes.
Younker thanked everyone for their time and effort on this Committee, noting that they had a big
charge and it took the efforts of everyone. Honohan thanked the Committee for putting up with
him.
ADJOURNMENT:
Bern -Klug moved to adjourn the meeting at 4:07 P.M. Webber seconded the motion. The
motion carried 6-0.
Ad Hoc Senior Services Committee
November 24, 2014
Page 4
Ad Hoc Senior Services Committee
ATTENDANCE RECORD
2014
Key:
X = Present
O = Absent
O/E = Absent/Excused
NM = No meeting
--- = Not a Member at this time
TERM
NAME
EXP.
0
C"
0
0
M
0
M
0
-4-4
o
O
-4
o
00
o
W
O
m
O
O
O
O
.�
O
Al
to
O
W
N
W
O
V
N
W
O
00
O
W
N
.1h-
O
-L
w
N
N
N
C"
N
N
A.
12/1/14
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
Joe
Younker
Jay
12/1/14
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
Honohan
Mercedes
12/1/14
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
Bern -Klug
Hiram
12/1/14
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
Richard
Webber
Ellen
12/1/14
X
X
X
X
X
X
X
X
X
O/E
O/E
O/E
O/E
O/E
O/E
O/E
Cannon
Jane
12/1/14
x
x
x
x
x
x
x
x
x
O/E
x
x
x
x
x
x
Dohrmann
Rick
12/1/14
x
x
x
x
x
x
x
x
x
x
x
x
O/E
O/E
x
x
Dobyns
Key:
X = Present
O = Absent
O/E = Absent/Excused
NM = No meeting
--- = Not a Member at this time
Charter Review Commission
November 25, 2014
Page 1
MINUTES
CHARTER REVIEW COMMISSION
NOVEMBER 25, 2014 — 7:45 A.M.
HARVAT HALL, CITY HALL
DRAFT
Members Present: Steve Atkins, Andy Chappell, Karrie Craig, Karen Kubby, Mark Schantz
(arrived at 7:52), Melvin Shaw, Anna Moyers -Stone, Adam Sullivan,
Dee Vanderhoef
Staff Present: Eleanor Dilkes, Marian Karr
RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council
action):
CALL TO ORDER:
Chairperson Chappell called the meeting to order at 7:45 A.M.
CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR AMENDED:
a. Minutes of the Meeting on 11/10/14
b. Letter from Rita Bettis
Chappell asked if anyone had any proposed amendments to the minutes. Craig noted that she
did not agree to attend the League forum, as is stated in the minutes, and Kubby attended.
Vanderhoef moved to accept the Consent Calendar as amended. Sullivan seconded the
motion. The motion carried 8-0, Schantz absent.
REPORTS FROM MEMBERS AND STAFF:
a. League of Women Voters Forum — Chappell spoke about the League of
Women Voters' recent forum, noting that there were perhaps a dozen people
present, in addition to the four Commission Members and the League. He noted
that they briefly covered the history of the Charter, talked about the
Commission's review process, and then shared some of the issues that have
identified as needing further input, i.e., whether to change to a directly -elected
mayor, whether to have pure districts, whether to change initiative and
referendum so that eligible electors can sign petitions, and whether to do
something about increasing compensation for Council Members. Chappell
explained the issue of qualified versus eligible; what an initiative and a
referendum are, giving an example; pros and cons of a directly elected mayor;
and the issue of Council compensation. Another question asked why the Mayor
and the City Manager cannot share power. Kubby noted that a few of the
questions were not about Charter issues, but more about the City Council.
Sullivan asked if the majority of participants were League members. Kubby
responded that the majority were League members, with a few members of the
public present as well.
Charter Review Commission
November 25, 2014
Page 2
REVIEW CHARTER:
a. Changes proposed by the Citizens Police Review Board — Chappell noted
that he was in contact with the Chair of the CPRB and briefly discussed with her
the issue of a name change for this board. He stated that she showed a high
level of concern regarding any changes whatsoever, and that she believed the
CPRB itself would have concerns regarding this. Chappell stated that he
reviewed this Commission's feelings regarding 'resident' versus 'citizen,' but that
the Chair did not share the same concerns. Chappell stated that he offered to
have a few of the Members meet with the CPRB to better explain their stance on
this issue, should it come down to being part of a formal recommendation.
Chappell then spoke to the CPRB's possible proposal to remove any reference to
the Charter from their policies and procedures. The Chair told Chappell that this
came from their legal counsel. He stated that her description was that this just
concerns their public hearing and their concern that people are expecting the
CPRB to make recommendations at the public hearing. Kubby noted that this is
basically the CPRB's fundamental function that is in this document and that this
is what makes it so powerful. Chappell stated that he then spoke to the CPRB's
legal counsel very briefly and that his recollection was that since the Board is
unable to make recommendations about policies, practices, procedures, it would
make sense to remove this from the Charter. Karr stated that she was at a few
of the CPRB's meetings, and she shared how the CPRB views some of these
issues. For instance, they read Al totally to refer to the community forum,
separate from the ordinance duties. Kubby stated that perhaps their job is to
make this more clear, that the 'ability to make recommendations' is not just about
the annual public process. Others agreed, and Kubby stated that they could
make it clearer in the ordinance. Karr stated that the ordinance is very clear, as it
is more detailed.
Reviewing this, Chappell suggested stopping the sentence after 'to hold at least
one hearing on the procedures of the Iowa City Police Department.' Then delete
the 'and' and capitalize 'To,' making this paragraph #2, changing 2 and 3 to 3
and 4. He stated that this should make it clearer that this is one of the CPRB's
powers and in their authority to do so. He asked if there was consensus to these
changes and Members agreed. Karr reiterated that the confusion started with
the feeling that people will get some sort of response or satisfaction, or even
dialogue, with the Police at this public forum, and that this is not a requirement in
the ordinance or the Charter.
Chappell then asked Members what their feelings are on the name issue. He
reiterated that he told the CPRB's Chair that if the Commission felt there should
be a change to their name that he would send a couple of Members to meet with
the CPRB and have a dialogue regarding a possible recommendation to the
Council. Karr noted that originally this board was called the 'Police Citizens
Review Board,' and that through work with the Diversity Committee and the
Board itself, the name was recently changed to the 'Citizens Police Review
Board.' Sullivan stated that given the Board's history, he would not be inclined to
fight them on a name change. Chappell asked how others felt, and Vanderhoef
responded that for her, it was the citizens that pushed to form this board to begin
Charter Review Commission
November 25, 2014
Page 3
with and that they have heavy ownership to the review process. She believes
that to turn it around and say 'police' only would be a tough fight. She agreed
with others that it would not be worth it. Chappell suggested that he, Craig, and
one other Member have some dialogue with the CPRB regarding the changes
they are proposing throughout the Charter and why. He asked who would join
him and Craig at such a meeting. Sullivan agreed that he would join in this. Karr
will let Chappell know when the CPRB's next meeting is scheduled. Atkins
asked if they as a Commission have a definite stand on this issue. Kubby noted
that she thought there were two possibilities, one was to have it be 'Police
Review Board,' and the other to have 'Resident' in place of 'Citizen.' Chappell
stated that they could call it 'Community Police Review Board,' or any number of
things, but that the sense he got was that they do not want the name changed at
all.
b. Use of word "citizen" — Chappell noted that Kubby submitted a memo
regarding this issue. He asked if she wanted to speak to this further. Kubby
stated that she was trying to respect the Supreme Court's decision that
corporations are people, while still separating it out in the Charter. She stated
that Dilkes could speak to whether her suggestions would work or not. Kubby
reviewed her suggestions, noting that she found a few instances in the Charter
where a person meant something more than an individual. She reviewed her
suggestions for change here, as well. Chappell spoke to his impressions, asking
how they would define a person. Kubby asked if they could say 'human being' in
this case. Shaw asked for some clarification here, asking if the concern is that
an entity that operates for profit will receive a benefit that others in the community
do not, or imply their powers. Kubby stated that the concern was the whole idea
that these other entities are defined as people in the City's fundamental
document, and trying to find a way to separate this out within the Charter.
Schantz noted that the Supreme Court's decision really only applies to federal
Constitutional rights and that a city can define a person how they want in broad
terms. Craig asked what the State's definition is, and Dilkes replied that she will
obtain this information for the Members. Kubby stated that if no one else is
interested in this separation then there is no sense in spending more time on the
issue. Atkins asked why this is so important here, and Kubby stated that for her
it is both a political and a functional statement, that organizations are not human
beings and should not have all of the same rights and privileges as a person.
Schantz asked where, other than voting and political speech, this would matter.
Shaw spoke to the use of the word 'person' within the Charter, noting that it is
used liberally throughout. He spoke to how a corporation would have the same
basis to say that they have a liberty to do what they want, or to challenge it
should they be told they cannot do something —just as a person would.
Chappell stated that he sees this recommendation's sole intent being to call
partnership to corporations something other than 'persons.' His only concern is
how they would then define 'person,' and that perhaps they do use 'human
being.' Kubby noted that currently it is 'individual.' Schantz stated that he has no
problem with this being separated out. Shaw spoke to what he thought originally
was being said here, but now he understands what Kubby is attempting to do
with her suggestions. Craig added that it is not a functional change in any way,
but a semantic, political statement type of change instead. Shaw stated that he
Charter Review Commission
November 25, 2014
Page 4
would not have any issue with this. Chappell asked that they list this on the
agenda for the next meeting and that Members go back and look at Kubby's
material in this context. Kubby asked that Dilkes look at the State's definitions on
this.
C. Preamble and Definitions — Moving on, Chappell noted that Karr has printed up
copies of Schantz's proposals. Schantz stated that he is agreeable to the red-
line version included in the packet. Kubby stated that she likes the proposals put
forth by Schantz, and Atkins spoke to the wording used here with 'We the
People.' Chappell suggested that the dashes be replaced with numbers. Atkins
noted that he is in favor of these suggested changes, but asked that they also
have the right to go back and revisit this, should they change other things within
the Charter that would be tied to this. Dilkes noted that once they are done with
their review, staff will prepare a red line version of the entire Charter so that
Members can see all of the changes being made and can make further
suggestions at that time. Chappell asked if there was tentative approval for the
red line version of the Preamble at this point. Members agreed to approve this
section.
d. Initiative and Referendum — Chappell noted that they tentatively approved
some of the basics, and that now they need to speak to `qualified' and `eligible'
persons. He asked if Members had proposed changes to share at this point.
Kubby referred to J, amendments affecting City zoning, asking if this was added
after the last Charter review. Dilkes stated that the concern on this one is around
the process for zoning changes, as it is set forth in State code. Sullivan asked
Kubby if this is a concern for her, and Chappell responded that there are people
who do not like this State code. Shaw stated that he had a question regarding
sub -paragraph K, and if public improvement includes roads or anything other
than structures. Dilkes stated that it is construction projects in general.
The discussion turned to the two-year timeframe that both a referendum and
initiative are considered good. Kubby spoke to how difficult and extended the
process is for referendum and initiative, one that is not taken lightly. Then within
two years, either the Council can change it or someone can come back with a
referendum or an initiative again. Previous discussion had looked at extending
this timeframe. Kubby stated that they had considered four years, not wanting
the timeframe to be too long as things do change over time. Chappell gave an
example of how four years could be too long, especially if you are trying to get
something moved forward. Vanderhoef stated that the other side of this would
be unintended consequences showing up. Sullivan stated that he does share the
concerns that Chappell and Vanderhoef have voiced, but that it could also go the
other way, that two years may be too short. Chappell asked if there is any
history of Council undoing what's been done at two years. Sullivan spoke to red
light cameras, noting that this was with the understanding that Council would
revisit the issue, which expires in a few months time.
Conversation continued on this issue, with Dilkes noting that she does not recall
any instances where Council made changes, but that people have taken
advantage of the two-year timeframe to bring an issue forward again. Atkins
noted that a rule of thumb with projects is: it takes a year to approve a project, it
Charter Review Commission
November 25, 2014
Page 5
takes a year to design it, and it takes a year to build it. Kubby noted that public
improvements, however, aren't subject to referendum and initiative, so they won't
need to address that here. Kubby stated that she wonders if two years is long
enough to understand the unintended consequences, adding that you need at
least three data points to show a trend. With lag times included into this
equation, the timeframe goes even further. Craig stated that if people aren't
going to see the changes very quickly, then they may hesitate to sign petitions.
Moyers -Stone stated that with the 21 -ordinance, for example, it seemed that they
voted on and discussed the issue a lot. Sullivan noted that the 21 -ordinance
example is one that appeared to be working after two years, but that after the
two-year period, it was obvious that it was working even better than expected.
Chappell stated that he did not recall the Council 'undoing' anything like this. He
added that the only thing that comes to mind is the First Avenue issue and he
briefly shared what he remembers of this issue.
Shaw asked about the resubmission of a measure and whether it would be
considered, if an initiative received a positive number of votes, sooner than the
two-year timeframe. Chappell stated that he would not be interested in
something like this as there is not a consistent number of voters in these types of
elections. Members continued to discuss the initiative and referendum issue.
Moyers -Stone spoke to how if the 'eligible' versus 'qualified' issue were to
change it could open the door to creating higher standards for some of these
other issues. Kubby stated that perhaps they need to hear Dilkes' reaction to the
ACLU's attorney's interpretation. Vanderhoef stated that she would like to know
the number of cities in Iowa that have initiative and referendum as a possibility
for their citizens. Dilkes replied that there is only one other city in Iowa.
Vanderhoef stated that this tells her that the majority of cities don't want to
engage in this type of thing with their citizens.
Dilkes then spoke to Members regarding the ACLU's letter, noting that it makes
allegations a constitutionality, and distributed copies of Chapter 362. She added
that there is no argument shown or any case law with respect to the
constitutional issues, and that she addressed these issues in her memo dated
August 5, 2014. Continuing, Dilkes stated that the main argument being made
by the ACLU is that the Charter must follow the State Code provision of 362.4 for
petition requirements. Dilkes stated that there is nothing in State law that
requires you to set a certain petition requirement for initiative and referendum.
She pointed out State Code 362.4, noting that she does not agree with the
ACLU's view on this matter. She explained why, pointing out what the State
Code says specifically regarding this issue.
e. Commission discussion of other sections (if time allows) - none
PUBLIC COMMENT:
Caroline Dieterle addressed the Commission regarding the possible change of 'citizen'to
`resident.' She added that she understands that the Commission's intention is good. However,
she raised some concern about how this plays into the 'eligible elector' issue. Dieterle stated
that she believes it to be contradictory to use 'resident' in place of 'citizen.' She then stated that
she is appalled by the Commission's worry about citizens filing petitions and asking for votes on
Charter Review Commission
November 25, 2014
Page 6
things. She added that this is a participatory democracy, one where you urge people to vote
and participate, and yet when people try to do this, it becomes impossible with all of the
roadblocks that get thrown up. Dieterle then stated that in reply to Dilkes' assertions about the
ACLU's letter, she finds it interesting to hear that there is a section of the Charter that ignores
State law. She added that this then implies that they can do other things under the Home Rule
that also ignore State law. She suggested they pass a pesticide ordinance under this, and
abandon the idea that you cannot do these things under Iowa Code. She added that she finds
this whole thing exceedingly offensive, that things should be made easier for the people to
participate in city government. Dieterle continued to voice her unhappiness with these issues,
noting that to use 'resident' in the Preamble is just not right to her. Her main concern, however,
regards the initiative and referendum. She has participated in these petition drives and stated
that it is a very onerous job to undertake. Schantz explained his stance on this issue. Dieterle
stated that 'eligible elector' does cover it, that you don't actually have to be registered to vote
but that you are eligible to.
Martha Hampel stated that she agrees with Dieterle's views on these issues. She too has
collected the 2,500 signatures for a petition, noting that it is more than what the State requires.
Hampel too noted that it is a lot of hard work to undertake a petition drive, that people do not
take these issues lightly. She added that it is really just a few people doing a lot of hard work for
the collective city. That with having to work and raise families, many are unable to take part in
any way — other than being able to sign the petitions. She believes they should eliminate the
'qualified elector' requirement and have 'eligible electors' able to sign petitions.
SCHEDULE NEXT PUBLIC FORUM:
a. Date — tentative January 7
b. Location — Public Library
C. Time — Members agreed to a 6:00 PM start time to begin this forum.
d. Format — Chappell stated that they should briefly discuss the format. He noted
that Kubby sent the information from the last Charter review forum for their review. He
asked if Members wanted to follow a format similar to this. Sullivan stated that his
preference would be for more of an open format, but that if they are going with a
'steered' format, then this would be a good one to follow. Members spoke briefly to what
issues they want highlighted at this forum. Craig suggested that if they do go with this
format that the Members themselves rotate between groups. She believes they would
get to interact more with those who attend. Kubby stated that her concern is the building
of rapport with the small group, and that staying with the same group helps to keep this
going. Karr shared her concerns with a January date as there has not yet been any
publicity for the forum, and secondly, the subjects have not yet been set. She added
that the press release and all of the publicity will be based on the format of the forum.
Members discussed how some of these issues overlap and how they would want the
format to go. Schantz noted that December 9 is the last meeting he will be able to
attend for a while, and he suggested they discuss at that time these issues a bit further
so they can firm up their agenda. Members continued to firm up their main topics for the
forum, ultimately deciding on 'qualified' versus 'eligible,' Council compensation, and then
combine direct election of the mayor and pure districts. Chappell suggested that Karr
move ahead with the publicity for this forum.
e. Televised — TBD
Charter Review Commission
November 25, 2014
Page 7
TENTATIVE THREE-MONTH MEETING SCHEDULE (7:45 AM unless specified):
December 9
December 23
January 6
(Commission work completed no later than April 1, 2015)
ADJOURNMENT:
Kubby moved to adjourn the meeting at 9:15 A.M., seconded by Schantz. Motion carried
9-0.
Charter Review Commission
November 25, 2014
Page 8
Charter Review Commission
ATTENDANCE RECORD
2014
Key:
X = Present
O = Absent
O/E = Absent/Excused
NM = No meeting
--- = Not a Member at this time
TERM
o
0
0
0
0
0
0
0
0
00
s
-&
cry
cn
c�
0)-4
o
o
m
co
cc
o
o
NAME
EXP.
O
o
.tea
W
N
-4
o
N
N
N
N
1!
o
O
cc
N
W
W
o
j
l i
ao
.tea
o
N
cn
ah
46
4h.
4ph
4h
4/1/15
X
X
O/
X
X
X
X
X
X
X
X
X
X
X
X
Steve
E
Atkins
Andy
4/1/15
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Chappell
Karrie
4/1/15
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Craig
Karen
4/1/15
O
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Kubby
Mark
4/1/15
X
X
X
X
X
X
O/
X
X
X
O/
X
O/
X
X
Schantz
E
E
E
Melvin
4/1/15
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Shaw
Anna
4/1/15
X
X
X
X
X
X
O/
X
X
X
X
X
O/
X
X
Moyers
E
E
Stone
Adam
4/1/15
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Sullivan
Dee
4/1/15
X
X
X
X
X
X
X
X
X
X
X
O/
X
X
X
Vanderhoef
E
Key:
X = Present
O = Absent
O/E = Absent/Excused
NM = No meeting
--- = Not a Member at this time
Minutes
Human Rights Commission
November 18, 2014 — 6:30 PM
Helling Conference Room
12-04-14
IP13
Preliminary
Members Present: Harry Olmstead, Shams Ghoneim, Orville Townsend, Ali Ahmed, Kim
Hanrahan, Joe Coulter, Stella Hart, Andrea Cohen.
Members Excused: Paul Retish.
Staff Present: Stefanie Bowers.
Recommendations to Council: No.
Call to Order:
Olmstead called the meeting to order at 18:30.
Consideration of the Minutes from the October 21, 2014 Meeting
Motion Coulter, seconded by Townsend. Motion passed 7-0. (Hanrahan not present).
Meeting Business:
Human Rights Breakfast
Discussion centered on whether to hold the Breakfast at the Iowa Memorial Union in the future. Bowers
will prepare and send out a survey to attendees to get feedback on the service, parking, food quality and
acoustics at the Iowa Memorial Union.
Job Fair
Bowers reported attendance near 100 for the job fair held on Thursday, October 30 at the Eastdale Plaza.
Over 20 employers and social service agencies participated in the job fair. Commissioners suggested
looking at the Old Capital Centre, The Spot or The Mercer Aquatic Center for future sites for the job fair.
Public Accommodation Training
Olmstead provided a report on the training that was held on Wednesday, November 12 at the Iowa City
Public Library. Many of the attendees were City staff. The training discussed accommodations and the
Americans with Disabilities Act.
Education Subcommittee
Retish drafted a letter to send to the Superintendent of the Iowa City Community School District
(ICCSD). The draft letter requests a copy of the Office of Civil Rights document the ICCSD recently
received, along with the ICCSD response. The draft letter also requests the process for recruiting, hiring
and retaining diverse staff and the status and future goals of programs for minority and second language
learners in special education classes.
Motion Coulter, seconded by Ghoneim for Bowers, Retish (if Retish wants to participate) and
Cohen to work further on the draft letter for clarity and to present an updated draft at the
December Commission meeting. Motion passed 8-0.
Building Communities
Townsend spoke on the appointment of the new Equity & Staffing Director for the ICCSD. Townsend
said the ICCSD is attempting to work with the minority community and is making strides in the right
direction.
University of Iowa Center for Human Rights
Ghoneim spoke on a recent event held in honor of the University of Iowa's Center for Human Rights 15th
Anniversary. Both Ghoneim and Olmstead spoke very highly of a community panel that was part of the
event. Some of the panelists were Royceann Porter, Senator Joe Bolkum, Pastor Bob Welsh, Jeffrey Ford
and former Iowa Senator Maggie Tinsman.
Reports of Commission
Cohen spoke on her recent notice of resignation from the Commission.
Hart mentioned that she attended the encore presentation of Woke up Black and also had a very successful
bystander training on harassment. The training had over 40 individuals in attendance.
Ahmed discussed the recent press conference held by the Center for Worker Justice (CWJ) that concerned
wage theft allegations against several local employers.
Motion Coulter, seconded by Townsend to place on the December agenda the RockTenn concerns
expressed by the CWJ with an invitation for the Executive Director (Misty Rebik) for the CWJ to
attend the December meeting. Motion passed 5-3. (Cohen, Hanrahan, Townsend in the negative).
Ghoneim reported that the Americans with Civil Liberties Union Iowa Chapter hopes to have an
executive director hired by January 2015.
Coulter notes that the Equity Report is a product of the Commission and suggests improving it by adding
housing, employment, and schools. Coulter further added that the Commission should share ideas and
participate.
Hanrahan recently applied to serve on the ICCSD Equity Board.
Olmstead reported on the success of Hart's recent bystander training.
Townsend mentioned the Awards Breakfast and that the program keeps getting better.
Staff
Bowers reminded Commissioners that the next meeting is on Monday the 15th and not Tuesday the 16th.
Hanukkah starts at sundown on the 16th.
Adjournment: 19:35
Next Regular Meeting — December 15 at 6:00 pm.
2
Human Rights Commission
ATTENDANCE RECORD
YEAR 2013/2014
(Meetin¢ Date)
NAME
TERM
EXP.
12/17/
13
1/21/
14
2/18/
14
3/18/
14
4/29/
14
5/20/
14
6/17/
14
7/15/
14
8/19/
14
9/16/
14
10/2/
14
10/21/
14
11/18/
14
Ali Ahmed
1/1/17
-
X
X
O/E
O/E
O/E
X
X
X
O/E
X
X
X
Orville
Townsend, Sr.
1/1/17
X
X
X
X
O/E
X
X
X
X
X
X
X
X
Paul Retish
1/1/17
X
X
X
O/E
X
X
X
O/E
X
O/E
X
O/E
O/E
Kim
Hanrahan
1/1/15
X
X
X
X
X
O/E
O/E
X
X
X
X
X
X
Shams
Ghoneim
1/1/15
X
O/E
X
X
X
X
X
X
X
X
X
X
X
Stella Hart
1/1/15
-
-
-
-
-
-
X
X
X
O/E
X
X
X
Jewell Amos
111115
X
X
X
O/E
R
R
R
R
R
R
R
R
R
Joe D. Coulter
1/1/16
X
X
X
X
X
X
X
O/E
X
X
X
X
X
Harry
Olmstead
1/1/16
X
X
X
X
X
X
X
X
X
X
X
X
X
Andrea Cohen
1/1/16
X
X
X
O/E
X
X
X
X
X
O/E
X
O/E
X
KEY: X
= Present
O
= Absent
O/E
= Absent/Excused
NM
= No meeting
--
= No longer a member
R
= Resignation
I 4-14
P14
MINUTES PRELIMINARY
PLANNING AND ZONING COMMISSION
NOVEMBER 20, 2014 — 7:00 PM — FORMAL
EMMA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Charlie Eastham, Ann Freerks Paula Swygard, Phoebe Martin,
Jodie Theobald, John Thomas
MEMBERS ABSENT: Carolyn Dyer
STAFF PRESENT: Sara Hektoen, Karen Howard, John Yapp, Sarah Walz
OTHERS PRESENT: Duane Musser, Ted Pacha, Mike Hodge, Jim Jacob, Wade
Squires, Kevin Digmann, Alicia Trimble, William Ingles, Lauren
Siebert, Pete Hartly, Nora Boerner, Nancy Carlson, Neill Sylvan,
Ginalie Swaim, Joseph Pettit, Matthew McCarnin, Neo McAdams,
Pam Michaud, Mary Bennett, Susan Holtman, Erin Fleck, Josh
Langseth, Jill Abruzzio, Matthew Biger, Al Rayman, Brennan Van
Aldrannah, Ricardo Rangel Jr., Andrea Truitt, Steve Gordon,
Sharon Sorenson, Alan Jones, Bob Barta, Melinda Ragona, Tom
Sorenson
RECOMMENDATIONS TO CITY COUNCIL:
The Commission voted 6-0 to recommend approval of ANN14-00002 and REZ14-00022,
annexation of approximately 1.1 acres and a rezoning from County Agricultural (A) zone to
Rural Residential (RR -1) zone for property located to the west of Slothower Road.
The Commission voted 5-1 to recommend approval of SUB14-00021 an application submitted
by MBHG Investment Co. for a Sensitive Areas Development Plan and Preliminary Plat for
Sycamore Woods, approximate 34.86 -acre, 115 -lot residential subdivision located west of
Whispering Meadows Subdivision, Parts 2 and 3, along extensions of Whispering Meadow and
Blazing Star Drives.
CALL TO ORDER:
Freerks called the meeting to order at 7:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There were none.
Annexation / Rezoning Item (ANN14-00002/REZ14-00022)
Discussion of an application submitted by Slothower Farms LLC for annexation and rezoning
from County Agricultural (A) zone to Rural Residential (RR -1) zone for approximately 1. 10 acres
of property located at 965 Slothower Avenue
Yapp presented the staff report. Slothower Farms, LLC has submitted an application for the
voluntary annexation of 1.1 acres located west of Slothower Road and south of Melrose
Avenue. The applicant has requested that the property be re -zoned from County Agricultural
(A) to Rural Residential (RR -1). This annexation is being requested to allow an approximately
Planning and Zoning Commission
November 20, 2014 - Formal
Page 2 of 26
3.1 acre portion of the Slothower Farm to be split from the larger property. The present
farmhouse is already located within the city limits. Miklo showed an aerial view of the location
showing the city boundaries and the farmhouse. The annexation would add about 1.1 acres to
the west of the house into the city limits. The city boundaries currently go through the middle of
the barn on the property. The annexation would allow the house and the barn to be on one
property and within one corporate entity, the City of Iowa City. Rural residential zoning is
proposed, it is an area that does not have City services in terms of utilities. The rural residential
zone is intended to provide a rural character for areas in the City that are not projected to have
utilities necessary for urban development. In Staffs analysis of this proposed annexation it does
not cause any burden on the City in terms of services. The property is within the long term
growth area of the City and the policy has been for voluntary annexations to recommend
approval if the properties are in the growth area. Annexation would allow the City to control any
future redevelopment.
Staff recommends approval of ANN14-00002 and REZ14-00022, annexation of approximately
1.1 acres and a rezoning from County Agricultural (A) zone to Rural Residential (RR -1)
zone for property located to the west of Slothower Road.
Eastham asked for clarification that this annexation would not have an effect upon any eventual
redevelopment of Hwy 965. Miklo confirmed that was correct and showed on the map where the
future Hwy 965 would run in relation to the applicant's property.
Freerks opened public hearing.
Duane Musser, MMS Consultants, representing the applicant was available for questions, the
Commission had none.
Eastham moved to approve of ANN14-00002 and REZ14-00022, annexation of
approximately 1.1 acres and a rezoning from County Agricultural (A) zone to Rural
Residential (RR -1) zone for property located to the west of Slothower Road.
Martin seconded the motion.
Freerks stated the proposal meets criteria for annexation and because currently one of the
structures on the property is split between City and County it appears to be a good solution.
Thomas stated he agreed with item 2 on the staff report in that the applicants hope that this will
result in the farm buildings being occupied and preserved. If the farmhouse were to stay on its
own parcel, it could be lost to eventual development, so this would be a good solution.
A vote was taken and the motion passed 6-0.
REZONING ITEM (REZ14-00019)
Discussion of an application submitted by Hodge Construction for a rezoning of approximately
2.3 acres of land in the 600 block of S. Dubuque Street and the 200 block of Prentiss Street from
Community Commercial (CC -2) zone and Intensive Commercial (CI -1) Zone to Riverfront
Crossings — Central Crossings (RFC -CX) zone.
Howard presented the staff report stating that Hodge Construction, requested deferral at the
November 6 meeting to allow additional time to develop conceptual plans regarding how they
would develop the property in a manner that is consistent with the goals of the Comprehensive
Planning and Zoning Commission
November 20, 2014 - Formal
Page 3 of 26
Plan, more specifically the Downtown and Riverfront Crossings Master Plan. Howard pointed out
that the Master Plan specifically calls out this block for special attention due to its location along
Ralston Creek and because of a unique cluster of mid -19th century cottages located along the
property's Dubuque Street frontage. Howard pointed out on the aerial map the location of the
property in relation to the Interstate Railroad and the old Depot. Howard indicated that the
applicant has submitted a concept plan for how the property would be redeveloped along the
Dubuque Street frontage, but decided not to submit a concept for the portion of the property
along Ralston Creek, because there is a business on that portion of the property that has a long-
term lease with an option for renewal, so redevelopment would not occur for some time. Staff
finds that because the Riverfront Crossing Form Based Code will require any redevelopment to
be designed with a "creek frontage," which means that buildings will have to be set back from the
creek 30 feet and oriented toward a trail that would parallel the creek according to the
"pedestrian street" standards in the code, that the goals of the Riverfront Crossings Plan would
be met without having to impose any conditions on the rezoning. So Staff feels there is enough in
the form -based code in this particular location to address the creek frontage in the future.
Howard stated the other unique feature of this block is the 19th century cottages located along
South Dubuque Street. The applicant has submitted a letter in response to the Commission's
request for a concept of how they would develop the property along Dubuque Street. The
applicant has submitted a letter that states that it is not feasible to preserve the cottages and
therefore they propose a method of documenting them prior to demolition. They have also
presented a brief statement regarding future development along the Creek and submitted
conceptual elevation drawings regarding how they might design a new building along Dubuque
Street once the existing buildings are demolished.
Staff recommends approval of REZ14-00019, a request to rezone approximately 2.3 acres of
property located with the 600 block of South Dubuque Street and the 200 block of Prentiss Street
from Community Commercial (CC -2) and Intensive Commercial (CI -1) to Riverfront Crossings
Central Crossings (RFC -CX), subject to a conditional zoning agreement that specifies that
if it has been determined by a structural engineer that the 19th century cottages located at
608,610, and 614 S. Dubuque Street are structurally unsound such that they cannot be
preserved on site or moved, that an acceptable method of historic recordation and
documentation of the cottages be conducted prior to demolition.
Eastham questioned if housing has issued rental permits for these cottages and Yapp replied
there is a rental permit for one of the buildings that has a residential unit in it, rental permits are
not issued for commercial businesses. Businesses are inspected for occupancy when they first
locate but not on a regular scheduled basis. Only if there were a building permit application
would they be inspected again.
Thomas asked if Staff knew when the last rental permit inspection had been done on the one
cottage, and Yapp stated he did not have the information readily available.
Eastham asked about a note in the Staff report regarding the University of Iowa completing a
historical survey of the area and the historical significance of the three cottages and wanted to
know if the survey has started. Howard replied no, as far as we are aware the University of Iowa
has not hired anyone to do the survey yet, but they have signed an agreement to surrey the
entire area, most likely within the next year.
Planning and Zoning Commission
November 20, 2014 - Formal
Page 4 of 26
John Yapp shared that Staff did receive today (November 20) a structural analysis of the
cottages and shared that with Commission. Yapp stated the evaluation states the buildings are
unstable, and the City is obligated to follow up on the analysis and post notice if necessary if the
buildings are deemed unsafe regardless of what happens with this rezoning application.
Swygard asked if Staff would then follow up with their own inspection of the building then. Yapp
said that was undecided at this time, the structural analysis was done by a certified engineer so
it's premature to say if the City (Housing Inspection Staff) would also do their own analysis.
Hektoen stated if the cottages were determined to be a public nuisance notices would be posted
deeming the properties unstable, even if currently occupied to alert the public there may be a
potential health or safety concern.
Freerks opened public hearing.
Ted Pacha, 4848 480th Street SE, applicant and owner of the property spoke to the
Commission. He stated that due to his health issues he is reviewing his property holdings and
enlisted Hodge Group to look at the possibilities for this property and discuss rezoning it to
Riverfront Crossings. He discussed the structural engineer's report, he received a notice in July
2014 from the City to do a structural analysis of the buildings because one building had a large
crack down the back of the structure, which was then patched at that time and met City
inspections approval. This most recent structural analysis was done because he made the offer
last month to the City of Iowa City or the Friends of the Historical Society, to take the cottages
and perhaps move them to a park or wherever.
Mike Hodge, Hodge Construction, gave a short history of Hodge's involvement with historic
preservation. At the beginning of the discussions of this property with Ted Pacha and the City,
the preservation of the cottages was discussed. Just in walking around the buildings one can
see the structural issues and it is not feasible to build anything alongside or adjacent to those
cottages. Hodge showed examples of other building projects his company has worked on where
they were able to preserve historical buildings. Bass Nagel Bakery Building, located at 203
North Linn Street, built in the late 1800's, was restored early in the 2000's and was recently
placed on historic register. Next he showed the Berkley Building, located at 115 North Dubuque
Street, built by Albert Berkley in the late 1800's, restored by Hodge Construction in 2011. Next
he showed the Park House Hotel, located at 130 East Jefferson Street, built around 1850, Hodge
restored it in 1998. This particular project did have structural problems they worked through to
restore.
Jim Jacob, VG Engineering, was the engineer that conducted the most recent structural analysis
and has been practicing structural engineering in Iowa City for 40 years. Jacob spoke about the
Park House Hotel project in the 1990's, it had some severe structural problems in that the interior
floors are supported not only by the exterior masonry walls but added interior walls and columns
that supported the floor structures above. These column and beam lines, the footings were
settling due to some soil issues and undermining, so there were a lot internal structural issues.
The brick walls for the most part were in good shape, and they were able to put some floor ties to
provide stability. He stated that the issues at the Park House Hotel were local issues that could
be dealt with, at the Dubuque Street Cottages, there are more global issues. The cottages have
no internal support, the only basis of support for the cottages are the external masonry walls.
Planning and Zoning Commission
November 20, 2014 - Formal
Page 5 of 26
Hodge shared these examples with the Commission to show the commitment to preservation
when possible and that they went through feasibility studies on the Pacha property. After
reviewing the structural analysis report, Hodge feels the Commission will agree that the only
solution available is to raze the cottages, and after seeing the new concept for the property will
find it will be a great addition to the Riverfront Crossing area.
Jacob discussed his report with the Commission, sharing that the cottages all have wood frames
and floors, the outside walls are composed of limestone rubble masonry, below grade and two
wythes of brick masonry above grade. The brick masonry is tied together approximately every 8
rows of brick.
Jacob pointed out the defects of the property discovered during his inspection of the property on
November 17, 2014. He started by discussing the cottage occupied by the Martial Arts studio.
He showed an area on the north wall where there was once a window, but had since been
closed up, and the wall was collapsing where the window once was. He stated that there should
not be a void in that wall, the brick wall is intended to be tied together and he showed a photo of
a gap splitting the wall. Then, on the same structure, the south wall he showed the brick wall
pulling away causing the floor joist causing to pullout of its pocket. As some mechanical
equipment was put into this building, a couple of the floor joists were cut and are hanging. He
showed a perpendicular wall adjacent to the south wall that has caused the south wall to bow
outward. The crack extends down the wall. Jacob showed what atypical limestone rubble wall
should look like in comparison to the walls of the Martial Arts Building to show the deterioration of
the mortar that holds those walls together. He showed how the brick is sitting on the limestone
rubble and pointed out how the brick has deteriorated. As the brick and mortar deteriorates, it
collects on top of the limestone rubble. On the southwest corner of the Martial Arts building a
small crack was found and with the small bar Jacob uses to inspect the structure, and his fingers,
he was able to easily move the mortar and remove bricks with no effort. The mortar has
disintegrated to a powered state, and many of the bricks are disintegrating as well. He showed a
joint on the south wall, typical of similar joints in the structure, where he could insert his
inspection tool several inches. He found that some caulk was inserted into the joints at one time,
probably as an effort to keep moisture out, but moisture is still entering the masonry wall and as
that moisture enters the wall, the brick absorbs it like a sponge and as that happens the
dimensional growth of the masonry pushes on the bonded corners and that is what is causing
the wall to bulge outward. Additionally due to the freeze/thaw cycles the walls are not fit to
endure. There are many holes throughout the building where the brick is disintegrated, open
joints, and distress issues.
Freerks asked if there were working gutters on the building and Jacob stated yes, the gutters
were working.
Jacobs stated they did not excavate, however, they used a small probe into the soil and found no
frost protected walls alongside the back of the building. He encountered rubble at anywhere
from 12-16 inches. He showed the deterioration of the brick on the chimney, and loss of
foundation support on the northwest corner of the building.
Eastham asked if the photos showing the cracks were the basement walls, and Jacob stated no,
these were all above grade exterior walls.
Planning and Zoning Commission
November 20, 2014 - Formal
Page 6 of 26
Jacob then moved on in his report to the middle building that houses the antique shop. He
showed cracks at the front door, and said this building has many of the same structural problems
as the Martial Arts building with the joints, and the disintegration of the mortar and bricks. He
showed a photo of the south wall showing open joints and that he could rake out the mortar and
brick on that wall easily. He showed an actual brick to the Commission that he was able to
remove from the building to show its deterioration. Because all the mortar in the walls has turned
to powder, the bricks are basically now dry -stacked. Jacob showed a photo that showed the
electrical conduit in relation to the wall, which shows how the wall bows outward as the conduit
remains straight. Measuring from corner to corner, the wall bows about two inches. He pointed
out a crack in the north wall of the antique shop building, areas where brick repair or replacement
had been done in the past, and the damage done since those repairs. On the east wall there was
lots of cracking and open joints, and more deterioration of the brick and mortar. Jacob showed a
photo of the inside of the antique shop building, in a bathroom you could see the wall pulling
away from limestone rubble.
Jacob moved on to discuss the bookstore building. There was a bow in the east wall. The bow
on the east wall shows deterioration of the mortar and brick, as well as seen on the north side of
the building. He showed a photo of a floor joist and you could see that the floor had been
damaged by insect damage in the past, and although it has been reinforced with additional
members, the floor joist are extremely overloaded due to the extreme weight of the books. The
floor spans the entire width (17 ft.) of the building with no additional internal support. He showed
that the owner has installed 4x6 boards to attempt to hold the corners in place.
Wade Squires, Fusion Architects, spoke briefly about the proposed building design showing the
site plan. The proposed building is a single "C" shaped building with a first floor of mixed
occupancy, some retail some residential spaces, mimicking the existing long building that is on
the southwest side of the property. Because the building is quite large, they are trying to fit it
into the Iowa City aesthetic with the front facade have different setbacks, materials, and windows
to almost represent a townhouse type of feel, similar to what would be found in historic Chicago
or Washington D.C. These differences will help the large scale of the building be broken down
into a more pedestrian scale.
Kevin Digmann, Hodge Construction, discussed the economic impact of the project. He also
noted that this building would have one or two levels of underground parking which would require
intense earth work, and it was after looking at this project and the possibilities we feel the
cottages would never withstand the pounding and moving of the earth in the area, and would just
crumble from the impact. Regarding the economic impact of the building, the current assessed
value of the property is $1,000,085 for all the buildings, this new building would have an
assessed value of at least $10 million. This would then be a substantial tax gain. At this time it
is not decided how many of the units will be residential or commercial but no matter what the
ratio, it will still be a tax gain for the City. He also noted that the building would be a high quality
building where the residents were not likely to need a lot of City services.
Eastham stated the Commission received a lot of messages regarding this rezoning and the
historical value of the three cottages that currently hold small businesses. Eastham asked if the
current tenants of the cottages have been approached to have spaces in the new building.
Digmann replied that Pacha has been in touch with the tenants and would help the tenants look
for spaces during construction, but Hodge Group has not received any inquiries for possible
Planning and Zoning Commission
November 20, 2014 - Formal
Page 7 of 26
tenants. Digmann also noted, however, that the rents in the new building would likely be different
than what the businesses are paying now.
Alicia Trimble, 2232 California Avenue, Friends of Historic Preservation, thanked the
Commission for allowing the public to voice their concerns. 608 S. Dubuque, the cottage that
holds the bookstore, is also a rental property. As rental property, Ron Herman, rental inspector
with the City of Iowa City inspected that property. He did find a crack in the back wall, which
then required the owner to hire a structural engineer and to report to the City. Trimble stated that
one year ago, Mr. Herman went back out to the site and released the rental permit, meaning it
was safe to rent the property. Trimble proposed that the Commission request to look at that
inspection report conducted by Mr. Herman.
Freerks asked Hektoen to see if the Commission could view that report.
Trimble remarked that the comments of the structures being too unsound to have something built
around them, developers of adjacent buildings are always responsible for taking caution to
structures they are building around. An example would be with the Sheraton Hotel downtown
significant damage was done to Bushnell's next door (now Martini's). The property owners were
not responsible for paying for the damage, the developers for the Sheraton were. Trimble feels
the same should hold true for this property, if the developers cannot put in a parking garage or a
building next to the cottages then they should look for other options.
Trimble next wished to comment on the Staff recommendations. The job of the Commission is to
make sure project follow the policies of the Comprehensive Plan. It is stated in the
Comprehensive Plan that preservation of these structures (cottages) is a goal. It says nowhere
that moving these structures is a goal. Trimble requested that the Commission take some time
to walk around the Cottages and see the walkout lower levels in the back because they are built
into the side of a hill. Because of the walkouts, the structures are not moveable. Also, in terms of
preserving the history of these buildings, placement does matter, it is critical. One of the many
reasons Friends of Historic Preservation want to save these cottages is the relationship to the
history of the railroad in Iowa City. The cottages are on the block between Prentiss Street and
that historic rail line. The railroad was very important to Iowa City history. The railroad coming
through changed the whole dynamics of the city, the city's population boomed, travelers came
through, and a whole industry developed around the railroad. It would destroy the context of the
cottages to move them, and be the opposite of what the Comprehensive Plan calls for. The Plan
also does not state it is okay to destroy the cottages if you document them. Trimble believes
there is a critical threshold here, there is not much of the historical Near Southside left, and the
Comprehensive Plan only calls out two other buildings in the immediate area, Sabin (which is
lost, it will be taken down) and Tate Arms (which is being saved by other developers by using the
transfer of development rights available in the form -based code). In exchange for saving Tate
Arms, the developer is receiving density and parking bonuses.
Trimble discussed the proposed zoning that would allow for four stories however an additional
four stories could be granted if these cottages are preserved and she hopes the City will strongly
consider that. In closing she stated the cottages are the story of Iowa City, the gateway to the
west. Trimble stated that the cottages have been ignored for too long, they are truly architectural
significant to Iowa City and that alone should make them worth saving. The Comprehensive Plan
calls specifically for neighborhoods with character and these cottages were specifically called out
as significant and show the character of Iowa City.
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William Ingles, 605 South Dubuque Street, is the tenant at The Bookshop, housed in the cottage
at 608 Dubuque Street. Ingles stated he believes a property owner should be allowed to do with
his/her property as they wish as long as it is legal. Given the reasons Mr. Pacha gave for wanting
to make a change in the block, Ingles wonders why Pacha hasn't given the opportunity for
current tenants of the block, not just those located in the cottages, to purchase the properties
rather than selling to one giant developer. If the plan was for Pacha to maintain ownership of the
property and just have Hodge develop, that is unknown to Ingles, but he believes there are
interested buyers who are already tenants for the individual properties. Ingles stated he is
concerned about a couple of things. First that the Commission has the most current information.
According to the today's Cedar Rapids Gazette, Hodge Construction stated in a November 13
letter that the cottages were structurally unsound. Ingles questioned the date of the inspection
letter the Commission received.
Yapp stated the date of the structural engineer report was November 20.
Ingles questioned the integrity of the Hodge letter when the report was not completed until
November 20. Second, Ingles commented on the pictures Jacobs showed this evening, Ingles
believes many of those repairs are simple. He has been in his location for 28 years, and was
taking care of the properties prior to Pacha purchasing them in 1996, and was unaware of some
of the structural issues that he feels he should have taken better care of. Ingles believes that in
the pictures what is shown as lost mortar is lost paint, some of the paint has peeled off and
exposed the existing mortar which adds character. He also believes some of the cracks are
easily repaired. The buildings are built out of Oskaloosa soft brick that is the identity of the brick
that was used and about 5% of those brick fail they just weren't made all that well which is why
Ingles tried to tuck point them back together. Ingles don't believe that the Commission is getting
accurate information. Two specific things regarding his specific building, there is a beam that
runs from the front of the building (facing west) to the back of the building which is about 40 feet.
It is a 6x8 beam with no less than 7 spiral jacks to support the floor. So to say that the upper
floor of the building putting too much weight on the floor to be supported is incorrect. The
building has been inspected biannually by both the City housing inspector as well as the Fire
Department, so in order to believe the report it would mean the inspector and fire department is
amiss in their jobs since they did not find these issues. Lastly the statement that the bricks are a
monolith and not supported and just stacked up is not possible for the inspector to note because
there are interior walls, and in his particular cottage the interior walls built of 2x4's are tied into
the brick so that no bowing can occur. They are tied in at both floor and ceiling level. Because
Ingles works on these buildings quite a bit, he reiterated he does not feel that the repairs needed
on these buildings are significant.
Lauren Siebert, 700 South Summit, started by stating she does not support tearing down these
cottages, or building such a large new building in the area. The proposed concept building was
mentioned to be great because it would be like something you would see in Chicago or another
large metropolitan area. She stated that we choose to live in Iowa City, not Chicago, for a
reason. This is an example of building that will be considered the blight of tomorrow. If you look
down Dubuque Street now, you see buildings that stand empty and look soulless. It looks
nothing like the Iowa City from when Siebert was young and not like the Iowa City she wishes to
see for the future. One of the men from the Hodge Group tonight spoke of how this development
is a good thing because the people that will move into this development will use minimal City
services. Siebert stated that having lived in other areas, she has seen developments like this
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and what developments like this mean is no poor people. This is the type of development that is
all about moving poverty out and moving poverty around. It was also said this is development
would bring an increased tax base, which may be true but would it help people here get
affordable housing, or help people here get jobs that are not minimum wage service jobs, or will
this development just help those who already are wealthy. The issue of not using services
makes Siebert skeptical because the question is who will actually get services or use the
services. Because this proposed development is just conceptual and so much undecided
Siebert would be shocked that when it does all come to fruition TIF or tax incentive rebate
requests are made. She closed by stating this is not about making sure we have habitats for the
right people, this is not so people who come to our town do not become an unfair burden on the
good of society, this is about making sure the people who will benefit will continue to be the
people that already benefit from society, not the people that truly need our help.
Pete Hartley, 602 South Dubuque Street, is speaking on behalf of Mike Chamberlain, the owner
of The Broken Spoke bike store located at 602 South Dubuque Street. He began by stating this
proposal does not have one unoccupied space that it wishes to replace. The 600 block of South
Dubuque Street is currently occupied by 10 businesses and at least 6 apartments at reasonable
rental rates. These businesses have all been long standing and stable without a high rate of
turnover. Hartley believes this is possible because of the likeability of this neighborhood. If this
proposal were to proceed he feels that all of these businesses would be forced to either
relocated or close permanently. The three cottages cannot be replaced nor can the character of
this neighborhood. This development would simply result in adding to Iowa City's surplus of
exorbitant commercial spaces below apartment complexes that sit unoccupied for the majority of
their life spans only to wait for unsuspecting businesses to come and go. Parking lots,
undeveloped lots, and empty buildings are all much better sites for this new building than taking
over already thriving and occupied neighborhoods.
Nora Boerner, 943 E. Davenport Street, a resident of Iowa City is not in favor of taking these
buildings down and changing this historic part of the city. She spoke to her points in two different
ways, she is the daughter of an architect, and worked with him for many years. Her father has
seen these buildings and has even discussed possible add-ons for the buildings. He found them
to be inspiring. Boerner stated her unhappiness with the structural engineer's report from the
standpoint it was presented. It would be nice to hear another point of view from someone who is
not invested in the project. The other point for her is the proposed conceptual building is
completely soulless, having actually lived and worked in a building styled similar to the proposed
one in Minneapolis/St. Paul. It was built as the "brand-new" thing, lots of money spent and said it
would include section 8 housing, but the catch was the section 8 housing people couldn't afford
to park there. So the building projected ended up being something that was unsustainable and
not what it was proposed to be. Businesses moved out, not able to afford the rents there. So
from an architectural standpoint Boerner is not in favor of filling this block up with something
soulless you can see anywhere else. Personally, Mr. William Ingles offered Boerner a job when
no one else would. Being a brand-new mother, brand-new to town, and he allowed her to bring
her baby to work with her. That is kindness you cannot find, no boutique in this new
development would be so accommodating. This town needs small businesses, if this project
goes forward, what will happen to the wonderful small business owners in this area. Even if they
are offered rental spaces in the new project, they likely won't be able to afford them. Boerner
stated her family left Iowa City, and decided to come back because of the culture, because of the
importance people show to historic landmarks, historic properties, and also to one another.
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Nancy Carlson, 1002 East Jefferson, began by stating she was unaware this meeting tonight
would be an introduction to a "this old house" project because she has seen these problems over
and over again on This Old House. The difference is they are presented and solutions are
explained, they don't just tear the projects down. So Carlson feels the question is if the
developers are interested in preserving the buildings or if they want to use the problems as a
reason to further other interests. Carlson stated she does not want to see these buildings torn
down, and feels the problems pointed out on these cottages could be solved as they are often
done on This Old House. The question is really what the landlord wants to do and what does the
City want to do.
Neill Sylvan, 1722 Morningside Drive, is a resident of Iowa City and the owner of the Haunted
Bookshop for 10 years. During the time Sylvan has been at the Haunted Bookshop, she has had
the opportunity to work with Hodge Construction, and has respected their commitment to historic
preservation. However she respectively disagrees with them on this point that the cottages don't
deserve to be saved. As a bookstore owner, she can speak to several trends that are really
important to consider as the City of Literature. As recently as 2007 there were six independent,
locally owned bookshops within a walkable radius of the center of the city. There are now three.
Two of the owners have closed due to health issues or a decision to retire, a third one was driven
out by a four story multi -use building less than two years ago. Sylvan can report firsthand that
visitors from around the country and world report immense disappointment when they realized
the Haunted Bookshop is the last shop they can visit that has parking in the Northside
neighborhood. The only other place they can go to visit two bookshops at the same time is
South Dubuque Street where Uptown Bills occupies a space on the 100 block just down from
Ingles bookstore. In terms of the literary heritage of the city it is also important to realize that this
is a historically literary neighborhood. Ingles has been in his location for 28 years which is
amazing in the book industry. The other thing about these cottages is the one at 610 was once a
store called AI & Dooley's in the 1970's. Iowa City has only one native literary movement and it
was born at 610 South Dubuque in Jim's Books and Records. Another point Sylvan wished to
share with the Commission is the importance of diversity of buildings to the used book trade,
because this is a literary city, it is worth considering. Diversity amongst bookstores is as
important as diversity among books. Ingles shop, his diverse selection of books, his customer
base, his neighborhood, all have a distinctive character. She hears from customers all the time
how much they love Ingles' shop. It represents different books, a different route to literacy and a
different market than other bookstores. Bookstores do not open in spaces like the concept
proposed because the square footages available tend to be small, bookstores need space to
maintain an inventory to allow for staff and demand, and the rents in these new developments
are out of reach for small business owners. These new developments also do not have ways for
the renters to customize their spaces, to make them look more individualistic, and the one way
physical bookstores compete against online bookstores is by having a distinctive character. The
front of Prairie Lights is iconic and has appeared in several books over the years about the
beautiful bookshops in this country. Bookstore owners deserve a chance to have a distinctive
bookstore like that. Sylvan spoke to the Commission less than two years ago about another
bookshops central, quite perfect location for a bookshop, and a space to house a restaurant as
distinctive as the Red Avocado and other business on the 500 block of Washington Street that
were affected by the development there. Respectively the Commission said Sylvan was wrong,
and it was true because that location was already zoned so there was nothing the Planning and
Zoning Commission could do to save those properties. This is a different situation, the
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Commission is in position with a request before them for rezoning and they can add conditions.
The Commission has the power to protect one of Iowa City's oldest neighborhoods
Ginalie Swaim, 1024 Woodlawn, told the Commission she has been involved in historic
preservation locally and at the state level for many years. Her point tonight is cottages like these
are mid -19th century representing working class individuals and are very rare in the entire state.
For a long time the state preservation has saved public buildings and larger institutional
buildings. About 10-15 years ago it realized housing was also important for the story it told and
it's just beginning to recognize the importance of working class houses, the problem is not many
of these remain intact. The fact that there are three of these cottages in one location is quite a
plum. As Swaim has seen state-wide what type of buildings are being preserved, there are very
few working class houses, so she urges the City to work to save these.
Joseph Pettit, 440 Hawkeye Drive, a resident and student in Iowa City who has lived here all his
life approached the Commission to say that nearly three years ago he was unaware the three
cottages on Dubuque Street even existed. It was only after a stroll down Dubuque Street that he
discovered the cottages and Ingles' bookstore and Suzy's Antiques. He is upset to learn now
that these delightful places could be destroyed. Pettit names a few reasons to oppose this
rezoning. First is having seen many businesses and some homes demolished in favor of a
homogenized downtown, it's all just high-rise apartment buildings with a relatively meager
selection of businesses. There are liquor stores, pizza parlors, and nightclubs. There are no
bookshops or any other sort of small store like Ingles Bookstore, Suzy's Antiques, or the Kung
Fu Academy. It is dispiriting to watch the soul of Iowa City get drained out every few years or so.
The second point is some concerns with Hodge Construction, they own a rental subdivision of
apartments in Iowa City that caters to students. What he feels this means is if this proposed
building is built, people who will most likely move in are students seeking rental apartments. He
also assumes these rentals will be expensive. The other part is building this property and
allowing it to be used by students, a little bit of the community is destroyed. Having students
move into this community will be a revolving community that will never settle down. There has
been vandalism and littering at the apartments nearby and this new building would just be a
continuation of that. Another point is the stability in the way things are and believes the cottages
can be refurbished, they can be strengthened, bricks can be replaced, the friendships and bonds
of the community cannot be replaced.
Matthew McCarnin, 100 Currier Hall, spoke as a representative of the student of the University
as well as numerous writing groups. He along with others in the literacy community came to the
University of Iowa because of its unique spirit and atmosphere of Iowa City only to share the
feelings of being let down. Iowa City is the only City of Literature in North America and it is
extremely disheartening to see that even directly across the street from the iconic Pentacrest are
bars and restaurants, places that many writers are not comfortable. He feels that the generosity
and spirit of the city is disappearing as now when people hear about Iowa City they don't hear
about the City of Literature, they don't hear about how this is where the best writers in the world
come to read and to study, they hear about the drinking, and the partying, and the bars. He
added that during his walks of Iowa City he has met many people and feels one will not meet a
better group of people than those in the cottage neighborhood. We are not just talking about
three buildings, a zone, or an area, it's about the people, their livelihoods, their businesses,
neighborhoods and sense of community. A final issue McCarnin wished to share was how the
students are scared, they don't know what they will do after college, how they will survive, the
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cost of living is rising and rising and it's hard to make a living as a writer or artist. Iowa City has
given writers a home, a place to call their own. Everyone should have stability and find
happiness.
Neo McAdams, 6061/ Church, has been a student at The University of Iowa for 10 years and
has lived in this town 8 of those 10 years. This proposal is proposing a mixed used residential
and business neighborhood but what it seems to be overlooking is that the neighborhood that is
there already is an established functional mixed use neighborhood which functions as a place for
many services that are hard to get in other areas. The bookstore has been focused on, but
McAdams questioned if there is any other place that offers kung fu, and the other buildings on
the block that have been discussed less, like the bicycle shop, or the tailor and the Shoe Doctor
are functional service shops that have been established and used by many. These businesses
cannot be replaced. There is simply no replacement for the established functional neighborhood.
Pam Michaud, 109 S. Johnson, lives directly behind a four story building that was built two years
ago at the 500 block of Washington Street and it was nearly identical to this situation. A building
built that replaced 10 individual businesses and services with one large building with 3 large
commercial spaces and now only one is occupied. The one that is occupied is a calzone shop
immediately adjacent to a residential space, and that calzone shop is open to 4 a.m. three nights
a week. She feels that is an inappropriate proximity zoning wise and feels it will be the same
thing if there are large spaces, they cannot be filled in peripheral areas. The commercial spaces
need to be smaller, so they can support small businesses. Michaud was part of a used
bookstore ownership on Linn Street 25 years ago so is familiar with the characters here. There is
a need to pay attention to the size of the commercial spaces and their per square foot value.
Small businesses cannot be supported, at the time of the building on Washington Street, there
was hope that the Red Avocado could be placed in the new space, but it was not feasible and it
will not be feasible for the existing businesses on Dubuque Street to close, wait for a large new
building to be built, and expect to move in and regain their business a year or two later.
Mary Bennett, 1107 Muscatine Ave, has lived in Iowa City for 42 years and remembers a quite
different town, one that is missed. 307 South Capitol where she once lived in the 70's was
referred to as the former Haight -Ashbury of Iowa City with all those glorious homes that
surrounded the courthouse. Houses with marble fireplaces and sun porches. Those homes were
torn down, landlords let them rundown so they could easily be found structurally unsound. So
with what is being proposed and stated by others today defeats the argument because it has
been said the developers were willing to invest in a property like the Park Hotel or the Berkley
Place and put the money into the restoration that was required. The photos of the cottages are
not surprising, that is what a building would look like after 150 years, especially if there has been
neglect or lack of stewardship. This situation is a long story of neglect. As we walk along the
City streets we can find visual evidence of history which stimulates imaginations and inspires
creativity. This neighborhood speaks about the working class. In researching the city's history
there are stories about the businesses that were in this neighborhood and the livelihood.
Bennett stated she works with University of Iowa students, particularly those studying urban and
regional planning, or historic preservation, and it is amazing that their professors point to the
Iowa City Comprehensive Plan as a model; the fact that you use serious community engagement
to determine the vision for this town and what everyone wants it to look like. Somehow the
Commission's job is to find a balance between the people who want to raise the tax base, raise
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the density of the population downtown, and those who want to hold onto something that reminds
them of the past. There has been a parade of homes destroyed in this community and feels it is
the Commission's charge to look at how over time, over many decades, members of this
community reiterated to you again and again through their actions, through the historic
preservation commission, through your own efforts that we do value history in this community
and even though the cost may be high to say those three buildings cannot be saved because of
their materials or because of how they are fabricated, or age, is false. There has been a
beautiful job restoring the Old Capitol. If this was Abraham Lincoln's home in Springfield, you
know it would be restored. These buildings can be saved if the community is willing to make the
investment. Other neighborhoods in Iowa City have been infringed upon with monstrous
buildings that bring high rises into historic neighborhoods. Bennett encourages the Commission
to look at the work they have done, the work of their predecessors and hear the voices of this
community, and understand the community treasures these buildings and begs you to save
them. The powers of money and power in this town need to be balanced with creativity and
preservation.
Susan Holtman, 610 South Dubuque Street, a business owner at 610 South Dubuque Street,
known as Suzy's Antiques and Gifts. She has a unique perspective from others that have spoken
tonight as she was born here in Iowa City in 1952 and moved away several years during her
teenage years but has been back since the early 70's. She has seen Iowa City change and
deteriorate as far as tearing down the older historical neighborhoods and businesses. It is a
travesty in this community. Holtman is speaking more from a historical point of view, not as a
business owner, and would like to see this block preserved with its proximity to the old depot it is
very important. Iowa City is losing its uniqueness. Her business has been closed for about a year
and a half because of family responsibilities. Prior to that, her business saw visitors from all over
the United States and they would comment on how unique the neighborhood and the cottages
were, that they had never seen anything like that. It really bothers her that when you go through
Iowa City and only see new structures, we need to preserve our historical structures.
Swygard mentioned that the applicant held a good neighbor meeting on October 8 and was
wondering if Holtman was aware of that meeting or able to attend. Holtman responded that she
did not know anything about the meeting.
Erin Fleck, 1506 Crescent Street, a resident of Iowa City, who grew up in Solon, attended classes
at The University of Iowa while still in high school and loved to experience the freedom and
vibrancy of downtown Iowa City. Fleck left the city for college and when she moved back in 2001
she became involved in the feminist community here in Iowa City and owning small businesses
including Ruby's Pearl. Since then many of her friends have moved away as it is hard to keep
growing in Iowa City, the economic diversity for good jobs is not here as it is in bigger cities, so
many moved away. When those friends come back, either to live or visit, they recognize the city
less and less, which is really sad. Flecks believes that since 2001 there has been quite a decline
in the vibrancy of the city and downtown and it's become a soulless corporatization and
privatization of public space to benefit a few and so many small business have disappeared. Fleck
stated she has been before the Commission with other development projects that were proposed
and feels there is a lack of consistence with a vision for a future of Iowa City and is very
concerned this topic will keep coming up again and again because she believes there are not the
right regulations in place to maintain and create a vibrant development that harmonizes historical
structures while also building for a better future. She mentioned the Comprehensive Plan, but
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feels it doesn't seem to be going anywhere, or in her opinion, anywhere good. To reiterate, her
concerns are lack of vision, and a loss of some of the most beautiful parts of Iowa City from the
past.
Josh Langseth, 1722 Morningside Drive, wanted to tie together a couple of important points he
has heard brought to the attention of the Commission and public tonight. The structure that has
been proposed as mixed retail and residential has to have a market, an intended audience, there
has to be people who are willing to live here, and Langseth wonders who those people will be.
The idea has been floated that young professionals will be attracted to this place, however he is
unsure that is true for the reason that there has been a lot of development happening in Iowa City
geared towards the young professionals. Park @201 on the Ped Mall, the new glass tower, has
been marketed toward young professionals, and also the proposed Chauncey building, Marc
Moen's building, is also geared towards young professionals, whoever these young professionals
are. The only conceivable market Langseth can see for this proposed building is well-heeled
students, which would be a revolving door of renters who will bring the student culture into this
neighborhood and displace the city culture. That would be the best -case scenario. People have
voiced concern about a declining student population at the University and if that happens and that
market dries up, who will then live in that building. Langseth can think of no market for this
building if the student population dries up, this would cause urban blight. This proposed plan is
designed for the immediate profit of a developer and not sustained value for the community and
so we should do everything to oppose it.
Jill Abruzzio, 333 Douglass, from Savannah Georgia, one of the oldest cities in the United States
and in Savannah there is a building much like this one, called River Street, that was founded in
1733 and it has been restored. If a building of that magnitude can be restored, it shows that with
some community support it is totally possible to restore those tiny little cottages. Furthermore,
people travel to Savannah because it is the oldest city in the United States and has many historic
buildings that have been preserved. It is amazing because there is even a law there that states if
a tree is a certain size and age you must build around it because the historic regulations requires
its preservation. That city respects their past. Abruzzio is curious why no one has discussed the
environmental impact of a building this size, this is a huge effort which will take huge resources,
and invites more vehicle traffic into this neighborhood, a city that is trying to state it is a bicycle
city. Also, coming from Savannah where there is the Savannah College of Art & Design,
students are involved in the historic preservation and feels the City should consider using student
efforts for research and preservation of these buildings that can be done in a certain amount of
time, perhaps a short amount of time. Abruzzio also shared that she is a fan of local businesses
and shops at the businesses in this neighborhood. This proposal seems to be a struggle with
identity over economy, so she would like the Commission to consider the identity of Iowa City and
decide who we truly are. These small businesses all have their own identity that should be
respected.
Matthew Biger, 519 N. Johnson St., has only been in the city since 2011 but loves this town.
However in this short time has already seen too many situations similar to this and urge the
Commission to consider that once they make a decision to rezone this property, that is it, it's
done, something can be built to whatever standards, but not to the standards of 1860. Even if this
proposed building is built, what kind of shape will it be in in 150 years? Will it be in the same
condition or worse as these cottages are now. This community can come together and restore
these cottages. Biger urged that another opinion be brought into the equation.
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Al Rayman, 1044 Lakeside Drive, stated everyone that has come forward tonight is talking about
losing this neighborhood like they are losing a member of their family, but for him that is almost
literally true. Having done his undergraduate studies here, and now been employed by the
University for five years, it wasn't until he found the folks at the Broken Spoke he could call friends
and a place to spend free time and not feel like he was surrounded by the transient
undergraduates that come and go throughout this town. The proposed building is not for this
town, the 10 businesses that work in the neighborhood work there in spite of the fact that there is
plenty of open commercial real estate on ground floors of buildings similar to this because the
spaces they are currently in allow them to conduct business in a way they are more comfortable
with and be proud of. The businesses that go into the new proposed building's commercial space
are the type that need to turn over customers quickly, get them in and out, and not spend quality
time with them. The owner of the Broken Spoke spent hours working with Rayman to find the
right fit and bike for him. So if it is decided that the small cottages can't be saved, we really need
to think about these 10 businesses and how they do business and make sure they can find a way
to continue to do business in a way they wish in Iowa City.
Brennan Van Aldrannah, 418 Brown St, has only been in the Midwest for a couple of years, since
2012. Having grown up in Oregon and spending whole life on the west coast, coming to the
Midwest has found it to be very rich in little bits of history. Out west there is only big grand
buildings, or maybe a fort or two, and finds it appalling that this type of conversation is even taking
place because he feels that if something is 150 years old it is really great that it is still around and
we shouldn't just bulldoze it for these empty looking stock houses that just fulfill some sort of
assessment boost. The Commission has the power to protect this piece of Iowa City and
Midwestern history.
Ricardo Rangel Jr., 4051 Gustav St., recently moved back to Iowa City after living in Chicago for
three years, and the one corner of the proposed building looks just like the building across from
his in Chicago that was the hangout of some gang members. Clearly these tiny dilapidated
businesses have a lot of soul and this huge multi-million dollar cash cow doesn't.
Andrea Truitt just moved to the area from Minneapolis and is a PhD candidate at The University of
Minnesota in the Art History department. She wanted to state this is a political choice, either
keeping these buildings or approving this new development and the erasure of these buildings.
The destruction of these older buildings is also an erasure of working class history. Not only the
working class history in Iowa City but also from the viewpoint of American working class history.
Truitt also stated a dislike of the aesthetics of the proposed building, the row house aesthetic in
Iowa City, is supposed to evoke a similarity to Washington DC or to evoke Chicago - this is not
Chicago, this is not Washington DC, this is Iowa City and it is clearly the wrong aesthetic for this
town. It makes no sense, it is the wrong scale for the area, it doesn't matter if it's pedestrian
friendly, it is not in scale to what is in that neighborhood, what is around the proposed building
site, and it does not respect the history of that neighborhood. It is a completely inappropriate
building.
Swygard asked Mr. Ingles if he was aware of the good neighbor meeting on October 8 or
attended it. Mr. Ingles replied that tonight was the first he was hearing of this meeting, but did not
blame Pacha for that as he has health issues and he could have stopped by and Mr. Ingles may
have not been there. Ingles also wanted to state that Pacha is a great fellow, a huge supporter of
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Iowa City and the history of Iowa City, he was distraught when his old birthplace was torn down by
Johnson County and doesn't want the public to gang up on him.
Freerks kept the public hearing open as the Commission may have questions for the applicant or
others as their discussion progresses.
Freerks first asked Staff what the limitation time was on this application. Howard stated that the
applicant did waive their 45 day period, but suggested that the applicant be asked if they would be
willing to defer again if that is the desire of the Commission.
Freerks believed the Commission will have a lot of questions and thoughts, as it is difficult to mull
over all of this testimony in just a moment or so.
Freerks had a question for the applicant, or applicant's representative, if they would be open to
have someone from Friends of Historic Preservation and another structural engineer inspect the
cottages. There seems to be a real "trust me" on this. She noted that this rezoning is a big step
and would be a huge up -zoning. With the current zoning it would allow for maybe 15 units on this
property. She noted that the properties are not currently protected as historic structures so there
is nothing that would prevent the owner from tearing down the structures. The owner has the right
to do that. The question is whether the applicant would be open to an independent structural
engineer, not even one from the City, but independent.
Eastham seconded that question, wanting to know if the applicant was open to this suggestion.
Freerks asked first if the applicant would be willing to allow a deferral of decision this evening.
Hektoen informed the audience what was actually occurring at this meeting, this is property has
not been designated as a historic site, and she noted that the owner could take out a demolition
permit tomorrow and this Commission does not have the power to stop that.
Freerks explained that the Commission's purview is to review the rezoning request for
consistency with the Comprehensive Plan, and it does state one of the few goals for this area is
cottage preservation. The question is if it is of value to the property owner to make the repairs or
not. So tonight the idea is to decide what is in the best interest of the community.
Pacha replied that he has no problem with an independent structural engineer, paid for by some
other group, reviewing the properties. Pacha feels something needs to be done quickly, because
with the information he has already received, his attorney says he needs to get something done
as people could be in danger. So if this new study could be done within a two week period or so,
he would be in favor. Pacha did state he has no relationship with Jacob (who did the structural
survey) so is unsure why there is vibe otherwise.
Eastham stated this is a very important decision about these three buildings, especially since the
Comprehensive Plan does single them out for preservation. It is not unusual to get more than one
opinion when trying to make such an important decision.
Pacha stated he has been lost trying to figure out what to do with this property and will do
whatever he can to help the businesses. There are more than a dozen rental places within three
blocks of the area that are available so things could be worked out. These folks are friends of his,
not just tenants. He has reduced rent to allow them to stay, or allowed some to be late on rent
during extraordinary times.
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Thomas stated that to have another structural engineer inspect the properties is important, but the
larger issue is what the Commission will then do with that information. The Comprehensive Plan
did call for preserving the buildings, and the zoning suggests a way to preserve the buildings
(through transfer of development rights), and still develop other areas of the property, but we have
not been presented with that scenario.
Digmann addressed some of the issues with the good neighbor meeting. He stated that proper
procedures were followed to schedule the meeting, mailings were sent out to surrounding
property owners, and rezoning signs were posted out in the front yards of all the properties. The
other issue is the dates of the structural report were brought up this evening, when this project
was first brought to the Commission in October, the structural issues that were mentioned were in
the opinion of the developer. The actual structural engineer report was the one dated Monday,
November 17. Finally, Digmann wanted to discuss the tenants, his development firm is also a
landlord, and have other commercial properties, and does feel sympathetic to everyone, but at
some point they are not going to have their business anymore, their leases will come due.
Landlords tend to be the bad guy if they want to do something different with the properties, but if a
lease comes up and a tenants moves out, that can leave the landlord in a lurch.
Freerks stated she has been through a historic building with an owner once, and the owner was
told it was structurally unsound. That particular building is still standing, occupied and able to be
used. This was also a case of a differing second opinion.
Hektoen suggested closing the public hearing at this point so the Commission could have
discussion.
Fleck questioned the statement of this board not having the power to preserve the cottages, and
questioned then who does, what government body can.
Freerks explained that is part of the moving puzzle. The Sabin Building was also called out in the
comprehensive plan for preservation as it was also one of the few historical structures in this area.
The University of Iowa, as part of the mitigation for the loss of the Sabin School, will be
conducting a historic survey for the rest of the area, which includes these three cottages, so that
is something that is supposed to occur within the next year or so. There are different designations
of historical preservation, local designations or national designations. Some will have tax dollars
related to them, tax benefits to them, the local designations are the ones that actually protect the
structure. There are also conservation districts in the state, Iowa City having one of the first cities
to have conservation districts.
Hektoen stated that the cottages would need to be designated as local historic landmarks but at
this point they are not designated as that, nor has an application been made to designate them as
such.
Howard stated that it is the City Council that has the power to designate buildings as local historic
landmarks.
Freerks closed public hearing.
Eastham moved that this item, REZ14-00019, be deferred until the next meeting on
December 4.
Martin seconded the motion.
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November 20, 2014 - Formal
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Eastham pointed out that he would like to see a second structural engineer report on these
buildings, however the City is not going to pay to have that done, the Commission is not going to
pay to have that done, so there will need to be a group in the community that is willing to do that.
Freerks directed anyone interested to meet with Pacha after the meeting to discuss finding an
independent certified structural engineer with historic preservation experience.
Swygard made the comment that the Comprehensive Plan for the River Crossings District
encourages contextual infill. She is wondering if the applicants' architect would consider
something a little more contextual for the property.
Freerks agreed, it is a very long building proposed, which is not common in Iowa City, and the
plan calls for various structures, some small, some large, some tall, etc. so a mix of structures, not
necessarily a block long building that doesn't appear to fit in the area, even if the cottages were
not there.
Martin agreed, at the last meeting this was discussed, the Commission asked for a concept to go
along with the rezoning, and still feels there is not enough thought going into this and shares the
concerns about the context.
Swygard said the Comprehensive Plan also calls for mix of housing and does not see this as a
new housing option.
Eastham stated since he made the motion to defer, he wished to voice the areas he is concerned
about. One is the same concern Martin made about a single building doesn't seem to be quite
right for this area. He has also been persuaded by the public comments he has heard this
evening, as well as the 130-140 emails received, and the concern about supporting a mix of small
businesses in this neighborhood, not necessarily historic ones, but any small business.
Freerks stated she is interested in seeing what will add value to the neighborhood, and not just in
tax dollars, although that is important, but if the Commission grants the up -zoning of this
neighborhood it has to be something that will benefit the community as well as the owner and
developer.
Martin stated to be clear, when something is zoned for the River Front Crossings that allows this
Commission to add conditions of approval.
Theobald supported what everyone else had said, whether the cottages can stay or not, there is a
historical nature to this neighborhood that needs to be preserved.
A vote was taken and the motion carried 6-0.
Development Item (SUB14-00021)
Discussion of an application submitted by MBHG Investment Co. for a Sensitive Areas
Development Plan and Preliminary Plat for Sycamore Woods, approximate 34.86 -acre, 115 -lot
residential subdivision located west of Whispering Meadows Subdivision, Parts 2 and 3, along
extensions of Whispering Meadow and Blazing Star Drives.
Waltz shared with the Commission at the November 6 meeting a number of questions were
raised during the public hearing for which the Commission requested clarification or additional
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information. With regards to traffic capacity and circulation as part of the previous rezoning the developer
has to connect Whispering Meadows Drive across the Greenway. The extension will remain a stub
street and does not connect with any street west of the Greenway, including Sherman Drive,
until the next phase of the General Quarters Subdivision is constructed. In the meantime traffic will
rely mostly on Nevada Drive as the access point to this subdivision from Lakeside Drive. Both subdivisions
are currently at the preliminary plat stage, it is unknown when each one will be built and the connecting
street from Whispering Meadows to Dickenson Lane will be complete. Part of the reason the developer is
required to make the connectivity across the Greenway is it is important to provide for general
neighborhood traffic circulation, and to distribute neighborhood traffic without placing an undue
burden on any one street. The Subdivision Code identifies 2,500 vehicles per day (Average
Daily Traffic) as the threshold for collector streets at which time secondary access to/from a
neighborhood may be required. This guideline is in place to ensure multiple means of access
are available to a neighborhood, for emergency service vehicles, utility vehicles, and for general
neighborhood traffic circulation. Lakeside Drive has an Average Daily Traffic volume of
approximately 2,810 vehicles per day, and already has multiple means of secondary access_
The Sycamore Woods proposal will add additional traffic (approximately 800 vehicles per day)
to the neighborhood street network. Staff does not consider the traffic volume to be a
safety issue, but does recommend street connectivity as proposed to better distribute traffic.
Another question that was raised at the last meeting was the 404 Document (Sycamore
Greenspace Corps Permit) that a member of the public (Lon Drake) presented to the
Commission. At the time that the Sycamore Greensapce was being designed they wanted to
make sure the original South Sycamore Greenway plan included property that is now part of
the proposed Sycamore Woods subdivision. The City's intent at that time was to acquire a
portion of the subject property to be included in a design for the Sycamore Greenway. That plan
called for the preservation of the wooded area with some selective tree removal and
replacement. Unfortunately negotiations with the property owner fell through. As a direct result,
the Greenway plan was amended to exclude the Sycamore Woods property entirely. The
greenway was redesigned and located farther to the west and entirely off the Sycamore Woods
property. The resulting Corps 404 permit acquired for the greenway project was issued for
this amended plan. There are no Corps restrictions on the Sycamore Woods property as
related to the Sycamore Greenway project. The applicant has provided a copy a letter from
the Army Corps of Engineers regarding the current status of the Wetland Mitigation Plan. The
letter indicates that the permit remains in force until December 31, 2016. As noted in the staff
report, all required permits and documentation for the wetland mitigation, including a plan for
appropriate monitoring and long-term maintenance of the wetlands, must be submitted prior to final
plat approval
Freerks questioned the date of the 404 Document and Waltz replied it was from 1998.
The final concern raised at the last meeting was regarding drainage. The Developer has brought
his engineer to the meeting tonight and can speak more about the specifics of this issue. Storm
sewer intakes from Amber and Regal Lanes discharge onto the subject property. The current
storm sewer pipe outlets were installed below grade such that they serve as detention
structures that result in water backing up the storm sewer pipes towards Amber and Regal
Lanes during rain events. This drainage situation will be remedied with the new development by
extending the current storm sewer pipes from Amber and Regal Lanes and grading the
subdivision as shown on the grading plan and preliminary plat. Lots along the north side of
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Whispering Meadows Drive will be graded to provide the necessary fall to take water south to
these outlets. Trees on the Sycamore Woods properties will be removed in order to grade the
lots in order to achieve this drainage.
Eastham asked when the drainage improvements will occur. Waltz replied it would occur when
development activities begin. They are currently at the preliminary plat stage, they need to go
through final plat, and after that approval they can begin the development and begin grading and
installing the drainage improvements.
Eastham asked how long the final plat approvals are good for. Hektoen stated the preliminary
plat is good for two years, the final plat approval is indefinite. Eastham asked if those storm
drainage systems would be installed prior to any new homes being built and Waltz confirmed it
would.
Swygard questioned the road across the Greenway, asking if it would be a dead end until the
other subdivision is completed so the connection can be made, which Waltz confirmed. Swygard
asked if any signage would be placed at the stub, and the answer was no, there would be no
signage added to say the road would eventually go through.
Eastham asked if there would be an emergency vehicle turnaround as long as it will be a stub
street. Hektoen stated that would be addressed at the time of final plat.
Freerks opened public hearing.
Steve Gordon, MBHG Investment Group, the developer began by addressing a few points. As
the staff memo states, this project began in 2007. They were aware there were some sensitive
features and believe they did a good job working around those and even enhancing them and
creating what was needed for connectivity. The reason they did not proceed with final plat at that
time was economic reasons, there are a lot of fees, etc. to proceed with final plat and if the
developer is not ready to begin development it is best to hold off. Gordon also stated that Duane
Musser from MMS Consultants is here this evening and can explain the engineering questions
regarding stormwater drainage etc. Musser was not at the last meeting, so hopefully his
presence tonight will help in getting specific questions answered. Gordon mentioned that the
current storm drainage lines daylight at the north line of the property line which is what is causing
a lot of the current issues the homeowners on Amber and Regal Lane have mentioned. When
the new subdivision is developed, they will connect to those lines and take them underground to
drain into the enhanced wetlands open area in the new subdivision. So the development will
enhance how that whole stormwater system works.
Martin asked Gordon for clarification on what daylights mean. Gordon explained that the storm
sewers that service Amber and Regal Lanes dead end on the top of the ground which has
caused the wetlands in the back of those properties.
Gordon mentioned that the street connectively was an important issue back in 2007, and they
have worked for solutions to connect this neighborhood to those around it and will be built
around it. He confirmed that a lot of the woodlands would have to be removed to allow for the
connectivity, there are also a substantial amount of woodlands will also be preserved. Gordon
stated they have done several developments in this area and although this was not part of this
development, when the Saddlebrook development was put in there were over 2000 acres put
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into a conservation area, wetlands have been enhanced, part of which was sold to the City and
became part of the Greenway, so feels his group has done a lot to add to the area.
Duane Musser, MMS Consultants, came forward to answer questions.
Eastham asked Musser to explain how the drainage improvements or enhancements will occur
and if there are any issues getting access to the current drainage pipes. Musser explained that
there is a 24 inch pipe that comes off the end of Amber Lane that discharges at the common
property line of the two subdivisions and the plan is to put a structure there called a DBS, a
drainage structure that will have openings in the side so if there is any ponding of water in the
backyard there will be a swale graded on the new property carrying water from the structure and
the backyard. There will be the new street, the new house, and the new backyard will drain from
the house towards the swale. The structure will be built on the end of that existing 24 inch pipe,
a swale catching any water coming off any of the backyards, and directing it to that structure. Off
of Amber Lane they will use the structure to increase the end of their line to a 36 inch pipe. The
increased volume should help keep the water out of the area. City code requires they build a
storm sewer system to carry a five year storm supply, everything else is designed to go on
ground, from gutters, to yards and eventually to a drainage basin. Because of the sensitivity with
the neighborhood and the concerns with water they are designing all these systems for a 100
year storm event. So they will spend more money and use larger pipes and convey all the
water they can in that pipe system. That doesn't mean with a large rain event or if pipes plug
there won't be issues. There will be over land flow routes, all the lots in the new development
will have a minimum low opening elevation to ensure if that pipe plugs or a large rain event there
is enough water flowing through the created ditch over the sidewalk, over the curb, to make sure
it doesn't flood anyone's homes in Sycamore Woods.
Musser stated that on Regal Lane the existing storm sewer is 21 inch pipes and that will be
doubled into a 42 inch pipe because there is so much water coming off Regal Lane there will be
the same drainage structure as being installed off the Amber Lane pipe with the swale overland
pipe drainage to make sure excess water gets to the streets and doesn't flood homes. All the
piping being put under the new proposed streets will have a 100 year storm capacity. One of the
things the City Engineers were concerned about that if there were a large rain event the streets
were not flooded, and that the water can go through the storm sewer system.
Eastham asked about the pipes that go under Amber and Regal Lanes will be enlarged. Musser
stated no, where the new development will connect with the existing pipes is where the pipes will
be enlarged. Eastham stated then that there could still be flooding on Amber and Regal Lane
because of their existing storm structures, and Musser agreed there was nothing they could do
about that, but they would not make the flooding worse by this new development.
Thomas questioned the grading plan and the concern about the loss of the woodland area up
near the north property line and that some of the grading Musser described would entail grading
the lots as well as where the roadway occurs. Thomas asked on the lots where the grading
would not impact the utility easement could the trees be preserved within that 15ft. utility
easement. Musser confirmed that wherever they are not grading, they will preserve trees, he
cannot guarantee they can save every tree because they do need to put in the storm sewer
system and those swales. If grading is not needed for public improvements or lots the trees will
be preserved.
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Freerks commented that from the preliminary plat it appears all the trees will be graded, so it is
good to hear confirmation from the developer that is not the case. Musser stated that in the
northwest corner where the street will go through, there may be some front line trees cleared
because of grading activity. Freerks stated that is where the biggest concern is for the public.
Musser did state he could not guarantee proper drainage and protect all those trees.
Sharon Sorenson, 26 Amber Lane, had questions regarding drainage and cutting down the trees.
She is concerned about her lot elevation is lower than where the new lots in the new subdivision
will be, so not sure how the drainage will work. Freerks stated that Musser could answer those
questions as the engineer. Sorenson stated if the drainage will be where they are showing how
that will help with the flooding on her property, which is further down the road from where the
pipes and structures will be built. Sorenson also stated that in her front yard the City covered up
the sewer drainage, and she is unsure why or if the City even knows it is covered up. Waltz will
check into that situation and let Sorenson know what she finds out.
Musser stated he could not speak directly to the elevations on Amber Lane, but in the northwest
corner of the development there will be a storm sewer intake so swales would be placed in those
backyards as well to direct water to that intake. That swale will be lower than the neighbor's yard
and the rainwater coming off their yard will come into the swale.
Martin asked what a swale is. Musser said it was an overland route for water collection, basically
a ditch.
Alan Jones, 39 Regal Lane, questioned the language in the memo regarding the stormwater
issue which states this drainage situation will be remedied with the new development. Remedied
is great language so that when there is flooding on Regal Lane, and damage to property,
specifically his car he has to park on Regal Lane, who will be liable. Is that Sarah Waltz, the
Commission, the City, the developer? When it is stated in a City memo that the flooding situation
will be remedied, where does the liability lie? Waltz stated the memo does not create or shift any
liability, obligations, or responsibilities. The engineer is the one designing the system, but just
because something is stated in a staff memo it doesn't declare liability or obligation on the City.
Jones believed that to be true so questioned the language as poorly chosen. Jones stated he
has been encouraged by the plan of the developer, the sewer line next to his property is 21
inches and towards they back it transitions down to a 18 inch corrugated pipe. There is an inlet
on both sides of the street (Regal Lane), the street is cracked it needs to be repaired. He is
unsure where the bottle neck is when it rains, if it's the inlets or the size of the pipe, he always
figured it was just the land behind having no place to drain to. Waltz stated she has relayed the
concerns about Amber and Regal Lanes and the water issues to the City Engineer, the situation
on Amber and Regal if those intakes are not adequate that is not the responsibility of the
developer of this proposed new subdivision but something the City should be concerned with.
Jones stated his other concern was the easement or alley way along the back of the properties.
It is used regularly to haul in firewood and feels they need to keep having reliable access to the
backs of their properties. He also questioned where service vehicles would be able to turn
around along the property line. Freerks stated that is not a requirement, the emergency vehicles
are not meant to go back on private property. Jones also stated concern for his mother, she has
extended her home from the rear putting on a sunroom and uses the sun to help control heating
costs, etc. With new buildings behind her home in the new development will make that less
effective. Waltz stated that the new lots are about 125 feet deep and the houses will tend to be
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built to the front of the lots, so it should not affect the sunlight. There are height limitations for
residential houses as well. Waltz also explained that there is a 20 ft. rear easement between
property lines. Townhomes also have the same single family height limitations.
Eastham had one more question for Musser about the storm drainage lines from Amber and
Regal Lanes. If the City were to decide to improve the capacity of storm drainages on those two
lanes, would there be any problems connecting. Musser stated there would not be any issues,
they will tie onto any of the pipes from Amber and Regal, build their structures and continue the
system with their 100 year storm pipes.
Bob Barta, 20 Amber Lane, stated the irony of a development called Sycamore Woods when the
proposed development will be removing the better part of those woods. As far as the
preservation of the woodlands along the southern boundary, that is not really woodland, but just
a few trees that have popped up along the fence line. So there is no true benefit to say that will
be preserved. Additionally you cannot plant some trees in a suburban front yard and feel it is the
same as a woodland. He does not feel it is right that private property owners can come in and
destroy a woodland.
Melinda Ragona, 32 Regal Lane, stated her concern about the traffic on Lakeside Drive, it is
already super busy, and trying to take a left off Regal onto Lakeside in the morning to head to
Grantwood is difficult. Waltz pointed out on the map the eventual street that will connect
Whispering Meadows to Dickenson Lane, which will lead to Sycamore Street. Ragona stressed
that connectivity needs to happen as Lakeside is so congested. Ragona also stated the size of
the homes in her neighborhood are smaller than the new homes being built in the new
subdivisions surrounding and to see the high density plat around that is concerning. The area
where the townhomes will be built is concerning because of the high density. It is also the area
where currently there is a lot of trees, and wildlife area. This area is one of the reasons she
bought in this neighborhood, and if she would have known five years ago there would be high
density properties built there she would not have bought in her neighborhood. She feels that the
neighborhoods that have been there since the 70's should be considered above all these new
subdivisions and the need to keep building and building. The nature and wildlife area is needed
and appreciated. Ragona is also concerned about the flooding and wishes all the neighbors
could have put their money together to get legal advice or engineers and investigated on their
own to see if there would be a different outcome than the engineer that was hired by the
developer.
Tom Sorenson, 26 Amber Lane, questioned the street connectivity and the access for
emergency vehicles turnaround. Hektoen stated that would be addressed at the time of final
platting and there typically is an easement area to allow for that condition. The easement would
be on the property owned by the developer. Freerks stated the Fire Department has to sign off
on the final plat and will make sure there is an area for them to maneuver. Sorenson questioned
then if they would have to cut our three lots to put a circle in for a turnaround. Waltz stated they
would likely just do a hammerhead spot that would allow for turnaround, almost like a driveway,
not a full circle. Eastman added that the turnaround is never pavement, or permanent.
Sorenson questioned the swales that are designed to take care of the drainage from the new
houses, will they also drain the yards of the existing homes? Freerks stated that the City cannot
require developers to fix other neighborhoods issues, just ask that it not make the problem worse
and what most developers tend to do try to do what they can to make it better. Hektoen stated
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they will be designed to draw the water to the swale wherever it comes from. Sorenson asked if
there would be a rise at the swale to collect the water, and Freerks stated Musser would be able
to answer specific design questions.
Musser stated that they do not want to make anything worse, he cannot guarantee they can
make it better, but the swale will be lower than the ground that is there. In the current situation
the water comes out of the two pipes from Amber and Regal Lanes and there is no place for it to
go, it just sits there. When the new 100 year pipes are installed, they will get the water out of
there quicker, there won't be the opportunity for it to pond there and the swales will be graded
lower enough to drain the new homes and hopefully to also be able to catch the water coming
from the existing homes. They will not block the water from the neighbors from using their
swales.
Musser also stated they will put in a temporary hammerhead turnaround for emergency vehicles
if required by City or Fire Department and that will be removed when the street is connected.
Thomas asked if the swale elevations will be lower than the property elevations to the north.
Musser stated he could not promise that, if someone has a low flat yard it may not be possible to
get the swale lower than that, but it won't be higher. Musser also stated this is the same
drainage plan that was submitted with the original preliminary plat, the only change is the
upgrade to the size of the storm sewer pipes.
Jones had one more question on what the total area of land that drains through the sewer pipe
on Amber Lane, what is the watershed area, how many acres. Hektoen stated that would be a
question the City Public Works Department could answer. The Commission is only to consider
the drainage proposed on the subject property, the larger watershed issues can be addressed by
City offices. Waltz stated she would have the City Engineer contact Jones to answer his
questions. Jones had one other comment regarding the Greenway bike path trail and it is nice to
have a trail that runs from the school down to the soccer fields and not having to cross any
traffic. With the new connectivity of the streets, there will be a traffic crossing, and he wondered
if there would be a stop light or something. Waltz stated the goal is to have minimal crossing on
the Greenway, for multiple reasons, and the plans now are just for the crossings to happen
where Whispering Meadows connects with Dickenson Lane and also to the south where
eventually McCollister will cross.
Freerks closed public hearing.
Eastham moved the Commission approve an application submitted by MBHG Investment
Co. for a Sensitive Areas Development Plan and Preliminary Plat for Sycamore Woods,
approximate 34.86 -acre, 115 -lot residential subdivision located west of Whispering
Meadows Subdivision, Parts 2 and 3, along extensions of Whispering Meadow and
Blazing Star Drives (SUB14-00021) subject to resolution of minor deficiencies and
discrepancies noted in the staff report:
• All townhome lots must meet the 3,000 square foot minimum of the RS -12 zone.
Indicate Lot width for lot 22.
• Relocation of mailbox cluster from Outlot C.
• Technical discrepancies as noted by the City Engineer
Martin seconded the motion.
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Eastham commented that he feels some good work has been done on these addressing
questions and considering the design of the stormwater management to hopefully better, or at
least not worsen, the drainage issues for the properties to the north. While he does think it is
regrettable that the woodlands at the northwest corner of this property will be removed, he
believes they are following the sensitive areas ordinance with this subdivision design. The
replanting of trees is a good mitigation of the necessity of installing a street in that area as well
as residential lots. He believes the traffic issues will be present until Dickenson Lane is
constructed are not terribly onerous on this area. Like everyone else he would like to see
Whispering Meadows and Dickenson Lane being built and connected at the same time but that is
simply not the system in place in this city for building residential streets.
Freerks stated this preliminary plat is consistent with the OPD, the plan put forth earlier, there are
not too many changes from that, and those changes that have been made are beneficial. It is
unfortunate in any case to lose trees, but in this case the issue with the drainage needs fixed,
and there has to be connectivity with the streets, and this is the best way to go about it. If there
were not sensitive areas in the city, there would not be the 34% of woodlands in the city.
Hopefully in this case, like so many others, the positives outweigh the negatives.
Thomas stated he was happy to hear the stormwater system was being upgraded, given the
stormwater question in this area it is an important improvement. He shares the sentiment of the
loss of the woodland, but feels it is an interesting project with the integration of the sensitive
areas with the subdivision and while he understands they are losing some woodland, looking at
the map of Iowa City this area still has more natural areas than any other area of Iowa City.
Theobald stated she was struggling with the tree issue, she can see if follows the plan from 2007
and it does have a positive impact, but sees a city facing the possibility of losing a lot of Ash
trees. When looking at the area, there are a lot of open areas and questions having to disturb
the woodland areas.
A vote was taken and the motion passed 5-1 (Theobald dissenting).
Consideration of Meeting Minutes: October 16 and November 6, 2014
Eastham moved to approve the minutes for October 16 and November 6, 2014.
Martin seconded.
A vote was taken and the motion carried 6-0.
PLANNING AND ZONING INFORMATION:
ADJOURNMENT:
Swygard moved to adjourn the meeting.
Eastham seconded.
A vote was taken and motion carried 6-0.
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