HomeMy WebLinkAbout2015-08-06 Info PacketVIII
CITY OF IOWA CITY
www.icgov.org
CITY COUNCIL INFORMATION PACKET
MISCELLANEOUS
IPI Council Tentative Meeting Schedule
August 6, 2015
IP2 Response from Asst. City Manager to Linda Quinn: Proposal to ban plastic bags
IP3 Memos from Asst. City Atty. and Police Chief: Police Body Worm Cameras and Policy
IP4 Article from Asst. City Manager: ICAA Champion: Introducing Iowa City Senior Center
IP5 Article from Asst. City Manager: Culture Clash in Iowa — The town where bubble tea
shops outnumber Starbucks
IP6 Copy of letter from City Attorney to Southern District of Iowa Asst. U.S. Atty.: Curb Ramps
IP7 Memo from City Clerk: Proposed Council Meeting Schedule, September -December 2015
I138 Letter from Eide Bailly: Copy of auditor's engagement letter
I139 Memo from Animal Services Supervisor: Animal Center building project
I1310 Listening Post— Summary Report, July 29, 2015
I1311 Letter from William Stiles, Special Counsel for Board of Review: North Dodge Street Hy -Vee
assessed valuation settlement (2011)
IP12 Copy of letter from Schenker, Inc: Notice of Mass Layoff
IP13 2015 Building Statistics
IP14 Invitation: 32nd Annual Human Rights Commission Breakfast (October 28)
IP15 Copy of press release: Another successful year for Rummage in the Ramp
DRAFT MINUTES
IP16 Human Rights Commission: July 21
IP17 Planning and Zoning Commission: July 16
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CITY OF IOWA CITY
Date
Tuesday, August 18, 2015
08-06-15
City Council Tentative Meeting Schedule IP1
[
Subject to change August 6, 2015
Time Meeting
5:00 PM Work Session Meeting
7:00 PM Formal Meeting
Location
Emma J. Harvat Hall
Tuesday, September 1, 2015
5:00 PM
Work Session Meeting
Emma J. Harvat Hall
7:00 PM
Formal Meeting
Tuesday, September 15, 2015
5:00 PM
Work Session Meeting
Emma J. Harvat Hall
7:00 PM
Formal Meeting
Tuesday, October 6, 2015
5:00 PM
Work Session Meeting
Emma J. Harvat Hall
7:00 PM
Formal Meeting
Monday, November 30, 2015
1-6:30 PM
Work Session Meeting
Ashton House
Strategic Planning and Orientation
Response to email received 7/27 meeting # 3f(3)
From: Geoff Fruin
Sent: Friday, July 31, 2015 9:38 AM
To: 'Linda Quinn'; Council
Cc: Jennifer Jordan
Subject: RE: proposal to ban plastic bags
Ms. Quinn,
I want to apologize for my delay in response to your July 12th email below. Over the last seven years the City Council has
considered a plastic bag ban on several different occasions. Most recently in 2014, the discussion included other
communities in the metropolitan area. While the consensus of the communities was to not pursue a ban, each of the
respective elected bodies expressed desires to further education and recycling efforts.
In Iowa City, our education and recycling efforts are monitored by our Recycling Coordinator, Jennifer Jordan. Please
feel free to reach out to Jennifer with any questions about our ongoing efforts.
We do appreciate your interest and advocacy.
Sincerely,
Geoff Fruin
Assistant City Manager I City of Iowa City
P: 319.356.5013
Web I Facebook ITwitter
From: Linda Quinn [mailto:quinnhenry@msn.com]
Sent: Sunday, July 12, 2015 7:51 AM
To: Council
Subject: proposal to ban plastic bags
Dear IC Council,
4 11
BTAN
ZA►G,
I urge you to take steps to ban single use plastic bags. Hawaii just did it! Please bring discussion to the May
19 resolution proposal by 100Crrannies for a Livable Future:
"Because single use plastic bags threaten our environment by clogging waterways, polluting oceans,
endangering wildlife, overburdening landfills and increasing our dependence on fossil fuels; we the Iowa City
Council resolve to eliminate single use plastic bags by Earth Day, April 22, 2016."
Thanks for your consideration,
Linda Quinn, 2949 Creighton St, Iowa City
r
�=,.0i CITY OF IOWA CITY08-06-15
IP3
MEMORANDUM
Date: August 6, 2015
To: City Council
From: Eric Goers, Asst. City Attorney
Re: Police Body Worn Cameras
As you are aware, the Police Department has developed a policy governing the use of Body
Worn Cameras, as well as modifying their earlier policy on use of squad car cameras (In -Car
Recorders). They have recently deployed the Body Worn Cameras (BWCs) for use by their
officers. Council approval of the policy is not required. However, per the earlier request of
Council, the policy is being presented for your information. Questions or feedback on the policy
can be directed to the City Attorney's Office or City Manager's Office.
Background
Squad car cameras (In -Car Recorders) have been around for decades. They served, and
continue to serve, some purpose in documenting police interactions with members of the public.
However, they are limited in that they have a fixed perspective — from the dashboard of the car.
More recently, BWCs have become more prevalent. Improvements in technology have made
them more viable as a method of documentation. Because the BWC goes where the officer
goes, regardless of the officer's car's location, the camera better documents the experience of
the officer, and those around the officer.
On the other hand, this greater capability raises a number of other issues for the police and the
public.
Open Records
Under Iowa law, videos are considered open records. There are specific statutory exceptions
for confidential records, but they are relatively narrow. The two most applicable exceptions are
videos that are part of a police officer's investigatory report (Iowa Code section 22.7(5)), and
communications to the government by members of the public not required by law, where
disclosure of the communication would chill persons from making those communications (Iowa
Code section 22.7(18)). The latter exception still requires disclosure of whatever can be
released without identifying the community member. An example of the first exception would be
a recording of an officer's interview of a victim or witness, which could be kept confidential under
current law as part of an officer's investigatory report. In addition, on rare occasions a video
could be confidential under the medical records exception of 22.7(2) if it caught an interaction
between a medical provider and patient. However, unless a video falls into one of these narrow
exceptions, the video must be made available to anyone asking for it. It is from this foundation
that many collateral issues arise.
August 6, 2015
Page 2
Competing Interests
There are numerous competing, legitimate interests related to the videotaping of members of
the public, such as with BWCs. Videos documenting the interaction between a police officer
and a member of the public are useful for a number of purposes, including the following:
• Providing evidence at a criminal or civil trial
• Shining a light on a police encounter following an allegation of misconduct
• Providing a means by which officers can improve the accuracy of their reports, and
review the incident before later trial testimony to refresh their memory
• Allowing for better police training and discipline
• Reducing both use of force by the police and false allegations of improper force against
the police
However, the videos create a number of privacy or surveillance concerns. The following are
some examples of circumstances in which videotaping may be objectionable:
• Interviews of victims of domestic abuse, sexual assault, or other sensitive crimes
• Interviews of victims or other witnesses in physical or emotional crisis, or otherwise
vulnerable
• Interviews of children
• Interviews with confidential informants or undercover agents
• Views of the interior of occupied restrooms or locker rooms
• Views of the interior of private homes
• Views of persons entering medical facilities, adult businesses, or houses of worship.
• Conversations between medical providers and their patients (e.g., in the Emergency
Room)
• Views of persons participating in political protests
A number of the above, but not all, can be kept confidential under the current exceptions to the
Iowa Open Records Act discussed above earlier. As you know from Council's earlier
discussions regarding BWCs, members of the pubic have expressed an interest in assuring that
the camera is on continuously and need not be activated by the officer. However, short of
running the camera continuously throughout the officer's entire shift, including bathroom breaks
and through all the other circumstances during which we would not want to be recording, the
requested technology does not currently exist. Of course, an interest in removing discretion
from the officer competes head-on with the desire to have the camera turned off by the officer in
certain circumstances to protect the privacy of others.
The policy adopted by the police department attempts to resolve these competing interests by:
1) giving the officer discretion to turn the BWC off when interviewing a victim of sexual assault,
domestic abuse, or other sensitive crimes, or witnesses who are concerned with retaliation if
they are seen as cooperating with the police; and, 2) allowing a person to decline to be recorded
in locations where there is a reasonable expectation of privacy, such as a residence, unless the
recording is being made pursuant to an arrest or search of the residence or persons or other
enforcement action is occurring in the location, in which case recording will take place
regardless of the person's request.
We appreciate that these policies, while providing a structure for officers to make decisions on
whether to record, still requires officers to use their discretion, based on their assessment of the
August 6, 2015
Page 3
circumstances at the time. Officers cannot, and will not, make the ultimately correct decision
every time. For example: an officer might turn the camera off at the request of a crime victim,
only for an unanticipated altercation and injury to occur.
Even organizations that normally are in agreement differ greatly in approach to BWCs. One
example can be seen in the published views of the ACLU and the Des Moines Register Editorial
Board. On February 7 and 8 of this year, respectively, the Register ran an ACLU position
statement, followed by the Register's own editorial the next day. While there were some
matters upon which the two groups agreed, public access to videos of community members
created deep division.
The ACLU, advocating for the privacy interests of those who appear on the BWC videos, argued
that videos without apparent value should be deleted swiftly. This, they argue, serves to
prevent the videos from being available for police use, "as a surveillance tool", or for use by
other community members or the media. "Videos for which the public oversight value is high
should be flagged and retained.... At the same time, those videos with no ascertainable
oversight value should be deleted as soon as possible." Put another way, one might fear that
community members would be chilled from calling the police, for fear of how they might come
across on the video that may find its way onto YouTube for the world to see. The privacy
interests identified by the ACLU are genuine, and at present can only be marginally protected by
open records laws in Iowa.
The Register, arguing for greater transparency, has advocated for maximum access to videos,
saying, "Any law should treat recordings as open records, with a minimum of exceptions." In
response to an ACLU proposal to limit access to the videos to only those appearing in the
videos, and/or granting those individuals veto authority over dissemination to others, the
Register stated, "... recordings should be accessible to the public without requiring subjects'
consent."
Both interests are valid and reasonable. However, absent an amendment to Iowa's open
records law, the Register's position currently holds sway, as the public will have access to
nearly every video taken. The ACLU proposed legislation in the 2015 session, attempting to
maximize accountability of police officers, while at the same time preserving privacy of those
individuals appearing on the videos, by making them confidential records not available to the
public but available to persons captured in the videos. While in our view the ACLU's proposed
legislation fails to recognize purposes for which the video may be useful, other than police
oversight, the proposed confidentiality exception would go a long way toward addressing the
desire that the cameras be on as much as possible, without the risk that non -depicted members
of the public would have access to the videos. In any event, the legislation did not advance, but
will likely be reintroduced next year.
Finally, the volume of the videos that may be generated creates a data storage issue. It
appears the Police Department has secured the computer infrastructure to address this issue,
though the long-term feasibility of the storage (including burning videos to DVDs), and the
associated organizational and retrieval mechanisms have not yet been tested.
August 6, 2015
Page 4
Model Policies
There are a wide variety of policies in place governing use of BWCs. The International
Association of Chiefs of Police (IACP) published a model policy in April, 2014. However, it has a
number of provisions that would make it unacceptable here. One issue is the treatment of the
videos. Given the differences between open records laws of the various states, the IACP policy
concedes that it must be modified to fit the laws of the state in which it is implemented. For
example, Iowa's laws would forbid significant aspects of the IACP policy, such as, "All images
and sounds recorded by the BWC are the exclusive property of this department. Accessing,
copying, or releasing files for non -law enforcement purposes is strictly prohibited."
The University of Iowa Department of Public Safety has a policy governing the use of BWCs by
their officers, who have been equipped with BWCs for several years. Much of their policy was
adopted in ours, but it is very general in its description of when to record and when not to
record, and does not address retention, other than to say that the Director or his/her designee
"...will supervise the use, storage, duplication and erasing of the material recorded by members
of this department."
Our office believes this will be a rapidly changing area of both policy and law. Numerous states
have proposed widely varied laws governing the use, or nonuse, of BWCs. I anticipate the
issue will again be debated in the 2016 Iowa legislative session. Moreover, with a new
deployment of this technology, we expect that our policy will need to be tweaked as we all learn
lessons on the most appropriate use of, and procedures for, BWCs.
For now, the inclination of our office is to lean in favor of recording, as we believe that position
best addresses the present demands of the community, and also best serves to protect the City
from frivolous claims and/or needless litigation costs.
As always, should you have questions, please do not hesitate to contact me.
Cc: Tom Markus, City Manager
Geoff Fruin, Assistant City Manager
Eleanor Dilkes, City Attorney
Marian Karr, City Clerk
Sam Hargadine, Chief of Police
r
CITY OF IOWA CITY
PVP
-T, %-' MEMORANDUM
Date: August 6, 2015
To: Mr. Thomas Markus, City Mana er
From: Chief Sam Hargadine
Re: Body Worn Camera Policy
Attached is General Order Number 99-08 which outlines our operating procedures for body
worn cameras and the use of in -car dash camera system which is already installed in every
marked police vehicle.
This policy was written with the assistance of City Legal, input from the ACLU and meets the
requirements of CALEA® (Commission on Accreditation for Law Enforcement Agencies, Inc.)
The body cameras have been deployed and are in use. Each officer has been trained on its
use and the requirements for when the device will be activated and recording.
E
OPS -12.1
BODY WORN
CAMERAS and
IN -CAR
RECORDERS
Original Date of Issue General Order Number
July 30 1999 99-08
Effective Date of Reissue Section Code
August 2015 1 OPS -12
Reevaluation Date Amends
September 2017 1 OPS -12 Previous Version (2013)
C. A. L. E. A. Reference
41.3.8 1 (see "INDEX AS:")
INDEX AS:
Use of Force Traffic Stops
Internal Investigations Recording Devices
Evidence In -car Recorders
Evaluations Body Worn Cameras (BWC)
PURPOSE
The purpose of this policy is to identify when recording devices should be used
and procedures to be followed when using the recording equipment.
Note: this policy specifically does not govern nor apply to covert operations and
any related recordings.
II. POLICY
It is the policy of the Iowa City Police Department that all members serving a patrol or
investigative function, to include road CSOs and Animal Control Officers, be required to
use recording devices to collect evidence and document interactions between officers
and the public. Only approved equipment will be used by department members and
usage shall comply with the manufacturer's instructions. All videos are the property of
the Iowa City Police Department. Any distribution of a video or portion of a video shall
only be done with the authorization of the Chief of Police or his/her designee. The
unauthorized playing or copying of any video is prohibited.
OPS -12.2
III. DEFINITIONS
Audio/video recording equipment consists of:
1. In -car recorders to include a camera, recorder, flashcard and LCD
Display. These units are within the vehicle. A remote voice link device
is carried by the officer.
2. Body worn cameras (BWC) of a type selected and issued by the
Department, are cameras worn on an individual officer's person that
record and store audio, video and metadata evidence.
IV. PROCEDURES
The Iowa City Policy Department has adopted the use of the BWC and in -car
recorders to accomplish several objectives. The primary objectives are as
follows:
1. BWCs and in -car recorders allow for accurate documentation of police -
public contacts, arrests, and critical incidents. They also serve to
enhance the accuracy of officer reports and testimony in court.
2. Audio and video recordings also enhance the Iowa City Police
Department's ability to review probable cause for arrest, officer and
suspect interaction, and evidence for investigative and prosecutorial
purposes and to provide additional information for officer evaluation
and training.
3. The BWC and in -car recorders may also be useful in documenting
crime and accident scenes or other events that include the confiscation
and documentation of evidence or contraband.
The Commander of Administrative Services or his/her designee will supervise the
use, storage, duplication and erasing of the material recorded by members of this
department.
If an officer notices that there is a problem with the equipment, he/she shall notify
a watch supervisor. The watch supervisor will forward notification of the problem
or malfunction to the Commander of Administrative Services or his/her designee.
Only persons trained in the servicing of audio/visual equipment will service the
equipment. Any defective unit will not be used, and when practical, will be
removed from service until repaired.
If an employee who is not trained in the use of the in -car recorder is assigned to
a vehicle containing one, they should notify a supervisor at the conclusion of the
assignment. The supervisor shall then assign identity to that portion of the video
not identified.
Officers are not required to inform the person(s) that the recording equipment is
in use, however, it may be advantageous to do so to de-escalate a situation and
possibly reduce the need to use force. People generally are on their best
behavior when they know they are being recorded.
Officers shall disclose the use of a video recorder upon inquiry.
OPS -12.3
OPERATION OF THE RECORDING APPARATUS
In -car Recording Apparatus
Officers shall inspect and test the in -car recording system prior to each shift in
order to verify proper functioning and shall notify their supervisor of any
problems.
In -car audio/visual recording units will be installed such that they are activated
when:
1. turning on emergency lights
2. turning on siren
3. manual activation by pushing the ® record button
4. manual activation by remote voice link button
5. excessive speed with no lights or siren
All traffic stops shall be recorded in their entirety. Officers should, to the extent
possible, use the recording equipment to document the administration of field
sobriety tests, remembering that safety is the first priority.
In addition to traffic stops, officers shall manually activate their recording
equipment on calls for service and on self -initiated field activity if it involves an
encounter with a person. The in -car recorder system's remote voice link device
shall be carried by officers and utilized to record audio information outside the
range of the vehicle microphones. Officers, if able, shall activate the in -car
recorder system immediately upon being involved in a motor vehicle crash. It is
recommended that officers give consideration to activating the in -car recorder
system when responding to calls -for -service where video capture of
persons/vehicles leaving the scene of incidents has investigative value. Once a
recording unit has been activated it shall only be stopped when the incident in
question is concluded unless allowed under this policy.
When the recording is stopped, the in -car recorder system will allow a priority to
be set. The following priorities are available:
Priority 1 = normal recordings, traffic stops etc.
Priority 2 = officer marking for personal review
Priority 3 = file to be saved as evidence
Priority 4 = OWI
Priority 5 = for supervisor review
n_NY0
When responding to a call for service officers shall activate the BWC prior to
arriving on scene. Additionally, officers shall activate the at the initiation of any
other law enforcement or investigative encounter between a police officer and a
member of the public to include: Stops (including traffic stops), frisks, searches,
arrests, consensual interviews and searches, enforcement actions of all kinds,
and any encounter that becomes in any way hostile or confrontational.
OPS -12.4
Additionally, the BWC shall be activated when a firearm is used to destroy an
animal.
Exceptions to this requirement include interviews with victims of sexual assault,
domestic abuse, or other sensitive crimes, or the recording of witnesses who are
concerned about retaliation if they are seen as cooperating with the police.
Officers' may also use their discretion during routine and casual situations such
as officers on foot or bike patrol who wish to converse with neighborhood
residents and where turning on a video camera could make the encounter seem
officious and may make the person reluctant to speak with the officer.
Officers may also deactivate their BWC during the following types of situations:
In locations where individuals have a reasonable expectation of privacy,
such as a residence, they may decline to be recorded unless the recording
is being made pursuant to an arrest or search of the residence or the
individuals or other enforcement action is occurring in such a location. The
BWC shall remain activated until the event is completed in order to ensure
the integrity of the recording unless the contact moves into an area
restricted by this policy.
Once an officer has finished investigating a collision and the involved parties
have been released, the officer may deactivate the BWC prior to clearing
the call to complete any paperwork.
If an officer responds to assist with traffic control at the scene of a collision,
fire or similar incident, the officer may deactivate the BWC as long as there
is no interaction with persons or that interaction has ended.
While on a tow call or issuing a parking citation as long as there is no
interaction with persons or that interaction has ended and after capturing
any violation or damage with the BWC. NOTE: The recording must be
longer than 60 seconds in order for it to be accepted into the video system.
Animal control calls (unless a firearm is used) as long as there is no
interaction with persons or that interaction has ended.
Other calls where there is no further interaction with persons or that
interaction has ended, for example, an OWI investigation where the person
has been taken to jail or otherwise released and the officer still has
additional paperwork.
When a recording is going to be made inside the Department by one of the
OWI or interview room cameras, the in -car recorder may be deactivated
while escorting the person into the Department as long as the BWC is
activated; however, officers shall only deactivate their BWC after the
appropriate room video system has been activated to avoid any lapses in
recording. When leaving the Department, if still in the presence of the
person, BOTH recorders (in -car recorder and BWC) shall be reactivated
OPS -12.5
prior to deactivating the OWI and interview room cameras to avoid any
lapses in recording.
If at any point during these types of calls any of the previously listed
situations occur where a BWC is required, the BWC shall be
reactivated.
The above list is to serve as a guide and is not intended to be all inclusive. If in
doubt, record it.
If an officer fails to activate the BWC, fails to record the entire contact, or
interrupts the recording, the officer shall document why a recording was not
made, was interrupted, or was terminated. This is to include muting the audio. A
brief statement in the recorder prior to the interruption shall be sufficient
documentation.
Procedures for BWC Use
Officers shall inspect and test the BWC prior to each shift in order to verify proper
functioning and shall notify their supervisor of any problems.
Officers who are assigned BWC equipment shall use the equipment unless
otherwise authorized by supervisory personnel.
Police personnel shall use only BWCs issued by this department. The BWC
equipment and all data, images, video, and metadata captured, recorded, or
otherwise produced by the equipment is the sole property of the agency.
Police personnel who are assigned BWCs must complete an agency approved
and/or provided training program to ensure proper use and operations. Additional
training may be required at periodic intervals to ensure the continued effective
use and operation of the equipment, proper calibration and performance, and to
incorporate changes, updates, or other revisions in policy and equipment.
BWC equipment is the responsibility of individual officers and will be used with
reasonable care to ensure proper functioning. Equipment malfunctions shall be
brought to the attention of the officer's supervisor as soon as possible so that a
replacement unit may be procured.
The BWC shall be worn on the officer's chest with clear view to the front (not
blocked by clothing or other equipment) and properly oriented.
Procedures for Both In -car Recorder and BWC Use
Officers shall not edit, alter, erase, duplicate, copy, share, or otherwise distribute
recordings in any manner without prior written authorization and approval of the
Chief of Police or his or her designee.
OPS -12.6
Officers are encouraged to inform their supervisor of any recordings that may be
of value for training purposes.
Requests for deletion of portions of the recordings (e.g., in the event of a
personal recording) must be submitted in writing and approved by the Chief of
Police or his or her designee. All requests and final decisions shall be kept on
file.
Officers shall note in their incident, arrest, and related reports when recordings
were made during the incident in question. However, BWC recordings are not a
replacement for written reports.
Restrictions on Using the In -car Recorder or BWC
In -car recorders and BWCs shall be used only in conjunction with official law
enforcement duties and shall not be used to record the following:
• Encounters with undercover officers or confidential informants.
• When on break or otherwise engaged in personal activities.
• Communications with other police personnel without the permission of the
Chief of Police.
• Unless in the scope of officers' official duties and with an articulable
reason, officers will not use their in -car recorder or BWCs in any location
where individuals have a reasonable expectation of privacy, such as a
restroom or locker room.
Storage and Release
All files shall be securely downloaded periodically and no later than the end of
each shift. Each file shall contain information related to the date, in -car recorder
or BWC identifier, and assigned officer.
All images and sounds recorded by the in -car recorder or BWC equipment are
the exclusive property of the Iowa City Police Department. Accessing, copying, or
releasing files for non -law enforcement purposes is strictly prohibited.
All access to in -car recorder or BWC files must be specifically authorized by the
Chief of Police or their designee, and all access is to be logged and available for
audit to ensure that only authorized users are accessing the data for legitimate
and authorized purposes.
Files shall be securely stored for a period three years. After three years, the
video system will automatically prevent the ability to restore a backed up video to
live status. Then, on a quarterly basis, the Property and Evidence Custodian or
designee will destroy all backed up files that reside on physical storage such as
DVD and Blu-ray discs that have reached their retention limits. A listing of the
OPS -12.7
destroyed discs will be forwarded to the Commander of Administrative Services.
Files needed as evidence or for some other articulable purpose will be separately
retained.
Primary Officer Responsibilities
The primary officer shall, at the end of their investigative narrative under a
separate heading, list all officers that made recordings at any time of the incident.
Officers who are not assigned as the primary officer shall make the primary
officer aware of any recordings they made during the incident.
Supervisory Responsibilities
At least on a semi-annual basis (Jan-Jun/Aug Dec), supervisors will randomly*
review two in -car or BWC recordings of each employee under their supervision to
ensure that the equipment is operating properly and that officers are using the
devices appropriately and in accordance with policy and to identify any areas in
which additional training or guidance is required. On January 1St and August 1St
of each year, each Watch Commander, Lieutenant of Investigations and Animal
Control Supervisor, shall forward to the Commander of Field Operations the
information on the prescribed form (Appendix A). *Randomly, for the purpose of
this policy, means videos randomly selected that are not already being reviewed
for another purpose.
Media Card Control
Normally, video for the in -car recorders is downloaded wirelessly through a
secured wireless connection. In the case of failure of that system, the video files
will need to be downloaded manually. In -car recorder videos are captured on
media cards on a recorder located in each vehicle. The media cards are secured
within the recorder to which only supervisors have access via key. Spare media
cards and keys to the recorders are available only to supervisors. The recorder
activates a warning for the operator when the media card is nearing capacity. A
supervisor shall be notified who will then replace the media card. The media card
is then uploaded to the server by the supervisor. Once the upload is complete the
files are automatically erased from the card. The media card is then available for
re -use.
BWCs have no user removable media cards and are downloaded by use of a
docking station.
If the video contains documentation of a use of force, the fact that there is a
video should be included in the Use of Force Report form. In instances where
there is a complaint against a member of the department, the supervisor
receiving the complaint shall ascertain if the event in question was recorded.
Video files are stored on the server located within the Police Department. Backup
DVD's and/or Blu-ray discs (BD) are created automatically when there is enough
data to fill a disk. Files that are tagged as evidence or for review will be kept live
OPS -12.8
and accessible on the server for a period of 1 year. Files not tagged as evidence
are kept on the server for a minimum of 90 days. If a video is needed after the 90
day period, it must be re -activated from the backup DVD/BD. All backup disks
are stored in the evidence room and under the control of the Evidence
Custodian. Only the Evidence Custodian, the Commander of Administrative
Services the Commander of Field Operations and the Chief of Police are
authorized to remove disks from the storage area.
Samuel Hargadine, Chief of Police
WARNING
This directive is for departmental use only and does not apply in any criminal or civil
proceeding. The department policy should not be construed as a creation of higher
legal standard of safety or care in an evidentiary sense with respect to third -party
claims. Violations of this directive will only form the basis for departmental
administrative sanctions.
From Asst. City Manager Fruin
ICAA initiatives 14
ICAA Champion: introducing Iowa City Senior Center
A ReadingAloudgroup membergives a
public poetry reading. Image courtesy of
Iowa City Senior Center
In 2011, the International Council on Ac-
tive Aging* Launched ICAA's Changing the
Way We Age° Campaign to promote positive
views ofagingand the value ofagi ng ac ti vely.
ICAA Champions serve as role models and
advocates.
Senior center coordinator Linda
Kopping "feels fortunate" to be in Iowa
City, Iowa—"a community that supports
its older adults in such a positive and note-
worthy way." The California-based Milken
Institute recently placed Iowa City first on
its list of"Best Cities for Successful Ag-
ing" (small metro), pointing to numerous
enablers of successful aging. Additional
community resources include a nationally
accredited senior center whose mission is
to promote optimal aging.
The Iowa City Senior Center has served
Johnson County's older adults since 1981,
according to Kopping, who has worked at
The Center for 20 years -19 as Coordina-
tor. A division of the City of Iowa City,
which provides more than 70% of the
funding, The Center occupies a historic
post -office building in the ciry's downtown
district. "The 25,000 sq. ft. of available
space offers a fitness suite, painting studio,
computer lab, kitchen, TV production stu-
dio, large meeting area, and classrooms;
she shares.
While programs and services "have
changed dramatically in the past 34 years
to meet the changing needs and interests
of older adults, the mission has remained
constant; Kopping continues. "The Cen-
ter strives to provide opportunities for
adults over 50 to participate in activities
that promote and help maintain cogni-
tive and physical health, and create and
maintain social connections to other indi-
viduals and the community as a whole. We
help people make the most of life after 50."
The Center typically provides about 520
"individual classes, programs, services
and groups" every year, and hosts about
125,000 visits ("a duplicated count"), says
Kopping. Diverse programming covers all
dimensions of wellness. Examples include
Native American Spirituality and World
Views, Gay -Straight Alliance Movie Series,
Yoga, Tango, Trivia and Brain Health.
More than 650 individuals contribute to
volunteer programming in some way. A
volunteer committee develops and imple-
ments programs, with responsibilities such
as vetting instructors—subject matter ex-
perts by profession or hobby, for the most
part. "There is a high level of participant
involvement in decision-making; Kop-
ping affirms. "This promotes buy4n for de-
cision -malting, higher participation counts
and program success, plus opportunities to
participate in something meaningfirl"
Volunteers on the Community Outreach
Committee strive to raise the venue's vis-
ibility and promote positive images of
aging. Kopping explains that"The Center
offers public programming and inter-
generational programming to challenge
negative images"; for example, members
of the Family Folk Machine choir range in
age from 4 to 80 and perform community
concerts.
Going "right to the heart of negative ste-
reotypes; Kopping says, was the recent
24 The journal on Active Aging July 2015 www.icaa.cc
Iowa premier of 7beAge of Love, a docu-
mentary by Steven Loring. The Center
held free screenings of the film—which --
follows 30 individuals who sign up for a
speed -dating event for 70-90 year olds—
with question -and -answer periods with
the filmmaker afterwards. A major take-
away," she believes, "is that these adults
face exactly the same issues people of all
ages have when dating and falling in love"
A speed -dating event at The Center will
"challenge thinking even further."
For the "Images of Aging" program, Peter
Feldstein, professor emeritus of photog-
raphy at the University of Iowa, took
portraits of about two dozen Center par-
ticipants. Volunteers then videotaped the
subjects talking about their experiences of
aging. "The end product was shown at a
public program, during a Downtown Gal-
lery Walk that featured the photos, and is
posted on YouTube; Kopping says. Snip-
pets now appear in The Center's television
advertisements. [Ed. Readers can view the
full video at https://www.youtube.com/
watch ?v=SvNEzdhGKic.I
In the widely distributed Program Guide,
"we have been careful to portray The
Center and what it represents as it really
is—full of all kinds of classes and physical
activity (not just cards and Bingo), op-
portunities for friendship, and meaning-
ful volunteer opportunities, Kopping
observes. "The goal is to challenge popular
negative stereotypes about aging and se-
niorcenters"
When asked the best way to spread posi-
tive messages about aging, Kopping is m -
equivocal: "Without question, the most
valuable and effective method we have
for spreading the word about the value
of active living and The Center is our
participants."OL
Thanks to Atria Senior Living fbnndsng
partner ofICAA's Changing the Way We
Age*Cwgaign, for supporting the ICAA
Champions program. Vtsit www.changing
thewayweagecom to enroll
h
In Iowa, globalization and a culture clash - CNN.com
Story by Wayne Drash, CNN
Video by Jackson Loo, CNN
Iowa City, Iowa
From the intimate to the ordinary, life in this Midwestern
college town is changing. The iconic Hamburg Inn, the diner
where presidential candidates have stumped for decades, still
dishes up its famous "pie shakes." But take a closer look:
Bubble tea shops outnumber Starbucks 3 to 1, and nearly 1 in 10 students at
the University of Iowa hails from China.
Iowa City has gone global.
http://www.cm.com/interactive/2015/07/us/culture-clash-americ"-story/[8/6/2015 9:07:37 AM]
e 9
Stroll to the Old Capitol Mall on any given day and you'll see a lunchtime crowd
from faraway cities like Beijing, Shanghai, Dalian, Shenzhen and Wuhan. Take
note of the cars that pass you. Mixed in with the souped -up Ford F -250s and
Dodge Ram pickups preferred by natives are Maseratis, BMWs, Audis and
Mercedes -Benzes. You might even glimpse a Lamborghini or a Ferrari.
Chinese students pay an estimated $70 million a year in tuition to the University
of Iowa and pump an estimated $100 million into the local economy. They've
become such a financial boon they help subsidize the education of their
American peers.
The dramatic rise in Chinese students -- from a few hundred in 2000 to more
than 2,500 today -- has brought culture shock and a series of major challenges.
A lack of dorm space resulted in hundreds of students, most of them from China,
being warehoused eight at a time on beds in dorm lobby areas for weeks, even
months. Segregation within the classroom became common. Many Chinese
students struggled to speak English and cope with the demands of English -
based curriculum. Professors grumbled about how to teach in that environment.
These issues still reverberate across campus.
A mandatory program last fall meant to help international students better
understand American culture failed miserably.
"The international students hated it," says Ron McMullen, a visiting associate
professor of political science and former U.S. ambassador to Eritrea.
The class was canceled. The lesson learned: The university can be better about
enoaaina international students, but it works both ways. "The international
students could be better about engaging," says McMullen, who helped organize
the class. "That's a tough one to overcome."
Solving these issues and better integrating students has become a priority. A
university panel last year spent months examining the academic and social
environment for international students. In November 2014, the committee said
three gaps must be addressed for the long-term health of the university: cultural
differences, institutional processes and language barriers.
"International students sometimes arrive on campus unsure of where they will
live, on or off campus, or even where, exactly, the university is located in the
United States," the International Student Climate Subcommittee said.
Change has begun. New dorms are being built to meet
student demand, menus are being changed at cafeterias to
accommodate the growing international population, and the
school now hosts welcoming parties within China for new
students. Students also are greeted at the airport when they
touch down in Iowa.
The university, McMullen says, is aiming to help international
students "assimilate, acculturate and get a fuller, richer
college experience."
It's also asking: "How do we get American students,
especially Iowans who can be noncosmopolitan, to know
more about the world?"
'A very tense situation'
The growing pains playing out in Iowa City are happening in college towns
around the nation, from Tuscaloosa, Alabama, to Corvallis, Oregon, to Lincoln,
Nebraska.
Twenty years ago, about 42,500 students from China attended college in
America, most of them for post -graduate work. Last year, that number reached
nearly 275,000, with most coming for undergraduate degrees. Chinese students
make up 30% of all international students studying in America; the other most -
sought international students come from India, South Korea and Saudi Arabia.
The rise of Chinese students is most pronounced in the Midwest, with Big Ten
universities heavily recruiting students within China over the last decade. Among
the top 20 American universities with the highest Chinese student populations,
nine are from the Big Ten, according to The Brookings Institution.
The University of Illinois at Urbana -Champaign leads the way with 10,000
international students, including about 4,900 from China. Purdue is not far
behind with 9,000 international students, including 4,600 Chinese. At both
universities, international students make up nearly one-quarter of the entire
student body.
Michigan State has the highest population of Chinese students in the nation,
with more than 5,300. Ohio State, Indiana, Minnesota and Michigan have seen
an explosion in their Chinese student bodies: Each school has more than 3,000
Chinese students.
At Iowa, the number of Chinese students outnumbers the combined African-
American and Latino student population.
CHINESE ENROLLMENTS
AT U.S. COLLEGES
20M07
2207:08
20ri81?9
2005110
2010111
20111I2
2012;13
2013.74 �-
SOURCE: Institute of International Education
The influx of Chinese students began about eight years ago, the result of
America's great recession and China's burgeoning middle class. American
universities were in crisis mode with their budgets getting slashed.
Administrators needed a viable financial alternative.
"Those are the two forces that are bringing about this huge growth of foreign
students into the United States," says Neil G. Ruiz, a senior policy analyst and
associate fellow for the Brookings Institution. "The impact is great. It helps the
universities in the short run get the tuition and the students they need in terms
of revenue."
The long-term implications, Ruiz argues, are even greater. Foreign students in
Iowa City are connected to these cities abroad like Beijing, Shanghai, Chengdu,
Wuhan. They are bridging two economies simultaneously ... and that's an asset
in the global economy."
Top university officials began jetting to Beijing. They found parents eager to
send their children to America to earn a degree -- and able to pay cash for out-
of-state tuition, often triple the price of in-state.
"State funding is going out the door," says Sarah Gardial, dean of the Iowa
business school. "The funding model actually encourages us to take a higher
percentage (of international students). That's why we started down that path."
The dramatic rise in international students has stirred concerns, from state
lawmakers who believe their in-state population is being replaced by foreign
students to faculty who believe administrators are selling out the value of a
degree for a quick -fix financial solution.
"It's creating a very tense situation across all the different levels of the
institutions," says Chris R. Glass, an assistant professor at Old Dominion
University who has examined the social and academic experiences of
international students across America.
"You're seeing faculty who think the burden has been placed on them.... It's
happening everywhere, and faculty are mad."
The caliber of students has come under scrutiny because of the cottage industry
of educational placement agencies that has popped up in China. Reports of
widespread abuses among agencies are rampant, from forging college essays
to changing test scores.
INTERNATIONAL STUDENTS
IN THE U.S. IN 2013/14
CHINA
OTHER
31%
PLACES
INDIA
OF ORIGIN
12%
32%
SOUTH
SAUDI
KOREA
ARABIA
8%
6%
CANADA
TAIWAN
3%
3%
BRAZIL
JAPAN
2%
2%
MEXICO
VIETNAM
2%
2%
SOURCE- Institute of International Education
The students also are arriving at a time when Americans have become more
and more skeptical of China's motivations, creating tensions on college
campuses.
Chinese students have had their cars spray painted with messages to go away.
Many can tell a tale of being harassed. Or of not fitting in, either by choice or
because they didn't feel welcome.
CNN spoke with dozens of Chinese students at Iowa in February. Nearly every
single one said an American has at least once yelled at them "Go back to Asia!"
They spoke of feelings of isolation and their desire to fit in.
A case study in micro -aggression
Yuhao Chen has experienced that feeling of isolation. All she knew of Iowa
before she arrived was that it was a farm state in the middle of America "where
people just eat corn."
With its population of more than 70,000, Iowa City is hardly a small town to most
Americans. But it was a shocking change for Yuhao, who comes from a city of
10 million. She missed the familiarity of home. Her self-esteem plummeted; she
feared she would jumble her words when she spoke English.
It's a common experience, she says. The language barrier causes students to
withdraw.
They don't want to embarrass themselves and so they stay in their comfort
zone. They flock to other Chinese students. Many might already be naturally
shy, she says, "and when they come to a completely new place, the difficulties
can be even more pronounced."
Yuhao, a senior majoring in psychology, decided to take action. Two years ago,
she and a friend formed a student organization called Heart Workshop to help
international students with their mental health and well-being.
She had seen a friend her freshman year become so stressed out by the
change in environment that "she didn't want to go out of her room."
"That's one of the things that really touched me and kind of drives me to find out
what other difficulties there are and why students -- especially international
students -- don't want to seek out mental health services."
In summer 2013, she and her friend began surveying juniors and seniors from
China. They asked probing questions: Do you feel comfortable socializing with
Americans? What kind of difficulties have you had living and learning in the
United States? What percentage of your friends are American?
She was fascinated by the responses. Most had very few American friends, but
nearly every respondent said they hoped to remain in the United States for work
after graduation despite their social struggles. Visa restrictions, however, often
prevent that.
In October, American and international students carved pumpkins in the
business school. "Something you don't see a lot in a college of business,"
Gardial says with a laugh.
She admits the business school struggles with verifying the academic chops of
every international student "in terms of their academic background, their
language skills -- that kind of thing. But I would say that we're getting better and
better."
It's incumbent on the university, she believes, to help the students "overcome
that barrier and to give them the kind of supportive resources that they're going
to need."
International students must pass mandated courses in English as a second
language. The business school has established a communications center to
help with speech and writing skills.
Through Heart Workshop, she was able to make breakthroughs among a
Chinese population often resistant to mental health services. Gradually, people
began opening up.
An incident that happened around that time still brings a lot of pain to Chinese
students. A Twitter account called Ulasianprobz began posting photographs of
Asian students asleep in the library or driving fancy cars. Hateful and negative
remarks were posted and shared.
Chinese students who spoke with CNN were on the verge of tears whenever the
Twitter account was mentioned. They felt unwanted and unappreciated, not just
by the American students but by top university officials who remained silent.
For Yuhao, it was a case study of micro -aggression, a glimpse into something
deeper going on around town.
But, she says, something positive emerged. The incident mobilized international
students to stand up for themselves and push university officials to do more to
integrate campus life -- to tell administrators that "international students really
deserve to be accepted on campus."
Bringing_ students together
Even before the Twitter incident, the business school began deep introspection,
pondering what could be done to get students to "appreciate and work with
someone who's not like you," says Gardial, the business school dean.
One in 5 students at Iowa's Tippie College of Business call China home -- much
higher than the rest of campus.
The business school put every professor through a course on how to pronounce
Chinese names correctly. "We said, 'Hey, job one is to show respect by getting
someone's name right,"' Gardial says.
The school then began teaching professors how to incorporate diversity into the
classroom. Programs were formed to bring students together. Slowly, inroads
were made: Students have begun eating together and interacting in the halls.
In Iowa, globalization and a culture clash - CNN.com
Gardial also meets with business leaders across the state to find ways the
international students can stay in the States longer. "We are seeing companies
without question look at ways that they can keep students here as much as
possible," Gardial says.
"How we deal with our international students is very much a part of that larger
question," Gardial says, "which is: How do we make sure our students are
prepared?"
"We see this as an enormous opportunity that we've got that kind of diversity,"
she says. "But here's what we have found out: If left to their own devices, the
students don't naturally integrate in the way that they should."
Relationships must be forged.
Qiqi Shi and Ben Cunningham, two business school students, dine on hot pots
at the Szechuan House, a Chinese -owned restaurant that serves traditional
food. The two laugh and share tales like most college kids.
Qiqi is a junior majoring in finance. She is from Macau, one of two special
administrative regions of China, with a population of more than 600,000. Ben is
a junior majoring in business analytics. He is from the small Iowa town of
Grinnell, population 9,000.
The two are part of an international buddy program in the business school that
pairs American students with those from overseas. More than 120 students
participated this spring.
Ben and Qiqi signed up for the program a second time because they found it
invaluable. "It's a cool way on a small scale to bring people together who would
otherwise not meet," Ben says.
Adds Qiqi: "It allows us a cultural exchange with the American students."
They say they just wish the rest of the student body was more open to change
and diversity.
Too many American students, Ben says, "think it is funny or amusing in an ill -
spirited way" to make fun of the Chinese students.
"International students, we're not any different than Americans," Qiqi adds.
"We're just from a different place, with a different language. But we are willing to
talk and communicate and share our culture, and we're willing to learn new
stuff."
The question remains: How many will join them?
http://www.cnn.comlinteractive/2015/07/us/culture-clash-american-story/[8/6/2015 9:07:37 AM]
August 3, 2015
Mr. Richard Richards
Assistant United States Attorney, Southern District of Iowa
U.S. Department of Justice
U.S. Courthouse Annex, Suite 286
Des Moines, Iowa 50309-2053
Re: City of Iowa City
Your reference: DOJ No. 204-28-82; USAO No. 2014VO0311
Dear Mr. Richards:
CITY OF IOWA CITY
UNESCO CITY OF LITEl�RR1AITU�RE
City Attorney's Office
City Hall
410 East Washington Street
Iowa City, IA 52240
(319)356-5030
(319) 356-5008 Fax
Email: icattorney@iowa-city.org
www.icgov.org
Thank you for your letter dated July 31, 2015. 1 am pleased to see that the matter has been
closed by your office without further action. The City will remain diligent in its attention to curb
ramps and will continue to engage in productive dialogue with individuals and groups that
represent members of the disabled community, including the Johnson County Task Force on
Aging. We also think a brief but informative annual summary on the website updating the
community on the City's progress in curb ramp developments during the past 12 months and
plans for the next 12 months, as you have suggested, would be a good addition to our
community outreach. We will plan on doing such a report.
Ver ruly yours,
Eleanor M. Dilkes
City Attorney
Cc: City Council
City Manager
RECEIVEDU S. Department of Justice
BY
United States Attorney
AUG - 3 2015 Southern District of Iowa
Civil Division
MY AMBNEY'S OFFICE
U.S. Courthouse Annex, Suite 286
110 East Court Avenue
Des Moines, Iowa 50309-2053
Telephone (515) 473-9300
Fax (515) 473-9282
July 31, 2015
Eleanor Dilkes
City Attorney
City of Iowa City
410 East Washington Street
Iowa City, IA 52240
Dear Ms. Dilkes:
The United States Attorney's Office for the Southern District of Iowa has completed its
independent review of this publicized matter in which the City's commitment to comply with Title II of
the Americans with Disabilities Act (ADA) was being questioned by a local citizens' advocacy group. We
formally advised the City in a letter dated May 22, 2014, of our receipt of a complaint claiming there was
a shortage of adequate curb ramps in the City of Iowa City. The complainant questioned whether the City
was committed to providing this accommodation, and accused the City of being unreasonably lax and
"Slow" in addressing this perceived problem. We are satisfied from our review that the City is honestly
endeavoring to comply with ADA Standards for curb ramp construction and repair, has an active plan for
compliance, has made progress in addressing these public needs, and, thus, we have decided to close this
matter at this time without further action.
As you know, we requested the voluntary production of a substantial amount of information about
the City's policies and practices for curb ramp maintenance and installation. The City correspondingly
produced details of past projects and future plans intended to meet the ADA requirements for the
installation of curb ramps where new streets and sidewalks will be built, and where curb ramps are
adjacent to existing streets and other infrastructure projects being repaired and maintained by the City.
The City gave us an interactive map identifying street locations where curb ramps are needed but
not currently present. The map also gives details of many sites where existing curb ramps are in disrepair
or do not otherwise meet current ADA Standards. The City has made a commitment to make these
locations a priority as street and sidewalk projects are implemented and funding becomes available.
We are impressed by the City's demonstrated willingness to engage with individuals and groups
that represent members of the disabled community. The City has maintained contact with these groups,
even when contentious, to request and respond to their input, and to keep them informed of the City's
July 31, 2015
Eleanor Dilkes
Page 2 of 2
plans for ongoing and future curb ramp work. We trust the City will continue to engage in productive
dialogue with groups such as the Johnson County Task Force on Aging.
We are satisfied the City is making a good faith effort to follow the letter of the ADA. In keeping
with the spirit of the law, we suggest the City also consider posting on its website, perhaps on an annual
basis, a brief but informative summary updating the community on its progress in curb ramp
developments during the past 12 months and projecting its plans for the next 12 months.
This letter is limited in its scope. It does not constitute a finding that the City of Iowa City is in
fiill compliance with all ADA Standards, nor does it address other potential claims of discrimination
based on disability due to the City's policies and activities. It only addresses the allegations presented in
the complaint we received and reviewed. Our actions do not affect the rights of private individuals to take
legal measures to enforce the ADA Standards.
We genuinely appreciate the City's cooperation in responding to our inquiry, and its willingness to
consider the input of outside parties in making curb ramp program decisions. Please feel free to call our
ADA Information Line at 800-514-0301 with any technical questions you might have about this or any
other ADA issue.
Sincerely,
Nicholas A. Klinefeldt
United States Attorney
By: " A!2.,. -
Richard L. Richards
Assistant United States Attorney
I
_1=_ —4 CITY OF IOWA CITY 1P7
t dull V.
-ftft I - MEMORANDUM
DATE: August 6, 2015
TO: Mayor and City Council
FROM: Marian K. Karr, City Clerk
RE: Proposed Council Meeting Schedule, September — December 2015
Below is a proposed meeting schedule for the remainder of the year and will be discussed at your work
session on August 18, 2015. The schedule takes into consideration that the main lobby will be closed
for renovations from November 11 -December 11 and no public access will be provided to Harvat Hall or
the Helling Conference Room; reschedules a meeting on Election Day; and any Council Members
absences. We can schedule a special meeting if the need arises. In addition the strategic planning and
orientation meeting will be held at the Ashton House. Please check your calendars and let me know
if you'd like to make any changes in the proposal as soon as possible. I will update the
proposal as needed for the August 18 meeting.
Tuesday, September 1, Work Session, 5:00 PM
September 1, Formal 7:00 PM
Tuesday, September 15, Work Session, 5:00 PM
September 15, Formal 7:00 PM
Tuesday, October 6, Work Session, 5:00 PM
October 6, Formal 7:00 PM
Tuesday, October 20, Work Session, 5:00 PM
October 20, Formal 7:00 PM
Tuesday, November 10, Work Session, 5:00 PM
November 10, Special Formal 7:00 PM*
Monday, November 30, Work Session, 1:00-6:30 PM
Strategic Planning and Orientation, Ashton House
Tuesday, December 15, Work Session, 5:00 PM
December 15, Formal 7:00 PM*
*NOTE: There will be only one meeting in November and December.
S:schedule (SEPT-DEC.).doc
08-06-10
IP8
RSD -1V'ED lD� g 0 2415
July 28, 2015
EideBailly.
CPAs & BURNM ADVISORS
Honorable Mayor and Members of the City Council
City of Iowa City
We are engaged to audit the financial statements of the governmental activities, the business -type activities, each
major fund, and the aggregate remaining fund information of the City of Iowa City for the year ended June 30,
2015. Professional standards require that we provide you with the following information related to our audit.
Our Responsibility under U.S. GenerallyAAceepte-d Auditing Standards and OMB Circular A-133
As stated in our engagement letter dated April 28, 2015, our responsibility, as described by professional standards,
is to express opinions about whether the financial statements prepared by management with your oversight are
fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles. Our
audit of the financial statements does not relieve you or management of your responsibilities.
In planning and performing our audit, we will consider the City's internal control over financial reporting in order
to determine our auditing procedures for the purpose of expressing our opinions on the financial statements and
not to provide assurance on the internal control over financial reporting. We will also consider internal control
over compliance with requirements that could have a direct and material effect on a major federal program in
order to determine our auditing procedures for the purpose of expressing our opinion on compliance and to test
and report on internal control over compliance in accordance with OMB Circular A-133.
As part of obtaining reasonable assurance about whether the City's financial statements are free of material
misstatement, we will perform tests of its compliance with certain provisions of laws, regulations, contracts, and
grants. However, providing an opinion on compliance with those provisions is not an objective of our audit. Also
in accordance with OMB Circular A-133, we will examine, on a test basis, evidence about the City's compliance
with the types of compliance requirements described in the "U.S. Office of Management and Budget (OMB)
Circular A-133 Compliance Supplement" applicable to each of its major federal programs for the purpose of
expressing an opinion on City's compliance with those requirements. While our audit will provide a reasonable
basis for our opinion, it will not provide a legal determination on the City's compliance with those requirements.
Generally accepted accounting principles provide for certain required supplementary information (RSI) to
supplement the basic financial statements. Our responsibility with respect to Management's Discussion and
Analysis, Budgetary Comparison Schedule, Schedule of Funding Progress for Health and Dental Plans, and RSI
related to pension plans reported under GASB 68, which supplement the basic financial statements, is to apply
certain limited procedures in accordance with generally accepted auditing standards. However, the RSI will not be
audited and, because the limited procedures do not provide us with sufficient evidence to express an opinion or
provide any assurance, we will not express an opinion or provide any assurance on the RSI.
www.eidebailly.com
1545 Anoclaw Dr., Ste. 101 Dubuque, 1A 52002-2299 ' T 563.556.1790 F 563.557.7842 , EOE
We have been engaged to report on the Schedule of Expenditures of Federal Awards and Combining Fund
Financial Statements which accompany the financial statements but are not RSI. Our responsibility for this
supplementary information, as described by professional standards, is to evaluate the presentation of the
supplementary information in relation to the financial statements as a whole and to report on whether the
supplementary information is fairly stated, in all material respects, in relation to the financial statements as a
whole.
We have not been engaged to report on the Introductory Section and the Statistical Section, which accompany the
financial statements but are not RSI. Our responsibility with respect to this other information in documents
containing the audited financial statements and auditor's report does not extend beyond the financial information
identified in the report. We have no responsibility for determining whether this other information is properly
stated. This other information will not be audited and we will not express an opinion or provide any assurance on
it.
Planned Scope and Timing of the Audit
An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial
statements; therefore, our audit will involve judgment about the number of transactions to be examined and the
areas to be tested.
Our audit will include obtaining an understanding of the City and its environment, including internal control,
sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing,
and extent of further audit procedures. Material misstatements may result from (1) errors, (2) fraudulent financial
reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable
to the entity or to acts by management or employees acting on behalf of the City. We will communicate any
significant findings at the conclusion of the audit. However, some matters could be communicated sooner,
particularly if significant difficulties are encountered during the audit where assistance is needed to overcome the
difficulties or if the difficulties may lead to a modified opinion. We will also communicate any internal control
related matters that are required to be communicated under professional standards.
We expect to begin our audit in June 2015, and issue our report no later than December 20, 2015.
This information is intended solely for the use of the City Council and management of City of Iowa City and is
not intended to be and should not be used by anyone other than these specified parties.
EIDE BAILLY LLP
.CGT
Dubuque, Iowa
2
IP9
July 29, 2015
Hello,
Here's the latest update on the Iowa City Animal Center building project:
There's been a lot of progress in the last couple of months! The building is near completion.
The mechanicals are fully functional. The rest of the cement walk ways and driveways have
been poured. The fencing contractor is installing the chain link fence for the outdoor kennels.
The finish carpentry stage is in full swing. The room signs are coming this week!
We are scheduled to walk through the building with the contractor room by room on July 31st.
At that time the building should be ready to accept as "substantially complete" and Todd
Hackett Construction Company will hand over the keys to the City of Iowa City. Next, we can
begin moving the immense amount of gear and supplies it takes to care for 2000 animals every
year into the new place. The contractor will continue to work on site for about one month
addressing "punch list" items and issues that come up.
Before we move animals into the new facility, the Iowa Department of Agriculture and Land
Stewardship will do an inspection for our Animal Welfare License. Our tentative moving date is
August 10th. We will be closed for business transactions August 10th and 11th to allow staff time
to move but the shelter will be open for accepting found animals both days- at the new
location- 3910 Napoleon Lane, Iowa City.
Animal Center staff and volunteers are very excited about the upcoming move to a well-
designed and functional building. We field inquiries daily about the move; so many community
members have been following and supporting this positive change.
Last week our fundraising group, Friends of the Animal Center Foundation presented the City
with a check for $200,000. This brings their contribution towards the project to $600,000 to
date.
Along with all the excitement and extra work that has gone into the project, animal services
and shelter operations continues to be as busy as ever. The shelter is full of cats and kittens
needing homes with more coming in every day. There is no better time to open your home to
foster or adopt an animal. View animals available for adoption at www.icanimalcenter.org
Please contact me with questions. I can be reached at 319-356-5296 or liz-ford@iowa-city.org
Best Regards,
Liz
Liz Ford
Animal Services Supervisor
Iowa City Animal Care & Adoption Center
Animal Services staff received training on
Chain link is installed in the
outdoor kennel area.
Small areas of
storage are
incorporated
into rooms with
shelving and
cabinets.
Our physical address after August 111h:
Iowa City Animal Care & Adoption Center
3910 Napoleon Lane
Iowa City, IA 52240
We've been busy packing!
LISTENING POST SUMMARY REPORT
Date: 7/29/15
Location: Lucky's Market Community Room
Time of Listening Post: 5:30-7pm
Council Members Attending: Terry Dickens & Kingsley Botchway II
Approximate number who attended: 5
Topics discussed (bullet points):
• The size of the proposed building at the Unitarian Church on Gilbert St. will not allow trees to
thrive
• With all the construction projects going on, what will the timeline be for The Chauncey to be built?
• City councilors need to speak more clearly into their microphones at the formal and informal
sessions.
• With Iowa City growing, will there be a fire station built over on Court St.?
• Will the firefighters get a replacement training facility?
• We need more North & South transportation routes
• We need a sidewalk on the corner of 1" Ave & Court St.
Public Comments on this location of listening post:
• The location was really hard to find
• Please don't come to this location anymore
Public Comment on future locations of the listening post:
• N/A
Public Comments on the listening posts:
• Appreciated the intimacy
Any items/things that would improve future listening posts:
• Better location
s9isteningposts/report
T
DICKINSQNLAW
Dickinson T0lackaman Tyler & Haven RC.
0001
Johnson County Board of Supervisors
913 S. Dubuque St., Suite 201
Iowa City, IA 52240
Brad Comer
Iowa City Assessor
913 S. Dubuque St.
Iowa City, IA 52240
Johnson County Ag Extension Council
4265 Oak Crest Hill Rd SE
Iowa City, IA 52246
Kirkwood Community College
Area X
6301 Kirkwood Blvd SW
Cedar Rapids, IA 52406
July 22, 2015
L08-06-15
IN
William R. Stiles
(515) 246-4551
wstiles@dickinsonlaw.com
Iowa State Department of Agriculture
Wallace State Office Building
502 E. 9" St.
Des Moines, IA 50319
Iowa City Community School District
1725 N. Dodge St.
Iowa City, IA 52245
Iowa City Clerk Marian Karr
Iowa City City Hall
410 E. Washington St.
Iowa City, IA 52240
Re: Assessed Valuation Litigation Settlement (2011)
FROM: William R. Stiles
Special Counsel for Board of Review for Iowa City
Hy -Vee, Inc. owns certain real estate and improvements located in Iowa City, Johnson
County, Iowa, known as Tax Parcel Number 10-02-326-004, formerly known as Tax Parcel
Number 10-02-326-001, and bearing a street address of 1201 N. Dodge, Iowa City, Iowa. The
City Assessor valued that property and improvements at $2,025,460.00 for 2011. Hy -Vee, Inc.
appealed to the Board of Review which upheld those amounts, and then Hy -Vee, Inc. appealed
to the Johnson County District Court.
The issues in this case centered on the value of the real estate and improvements. As is
often the case in assessment valuation appeals, additional information is obtained from the
taxpayer, providing new information to allow the Board of Review and Assessor to reconsider
the propriety of the initial assessment. Consequently, the parties in this case have reached an
agreement without the necessity of an actual trial. In this case, an agreement was reached with
Hy -Vee, Inc. regarding the assessed value of the above property for the years 2011.
699 Walnut Street, Suite 1600, Des Moines, IA 50309 Phone: 515.244.2600 Fax: 515.246.4550
www.dickiiisoiilaw.coni
rte--
w
Hy -Vee, Inc. owns certain real estate and improvements located in Iowa City, Johnson
County, Iowa, known as Tax Parcel Number 10-02-326-004, formerly known as Tax Parcel
Number 10-02-326-001, and bearing a street address of 1201 N. Dodge, Iowa City, Iowa. The
City Assessor valued that property and improvements at $2,025,460.00 for 2011. Hy -Vee, Inc.
appealed to the Board of Review which upheld those amounts, and then Hy -Vee, Inc. appealed
to the Johnson County District Court.
The issues in this case centered on the value of the real estate and improvements. As is
often the case in assessment valuation appeals, additional information is obtained from the
taxpayer, providing new information to allow the Board of Review and Assessor to reconsider
the propriety of the initial assessment. Consequently, the parties in this case have reached an
agreement without the necessity of an actual trial. In this case, an agreement was reached with
Hy -Vee, Inc. regarding the assessed value of the above property for the years 2011.
699 Walnut Street, Suite 1600, Des Moines, IA 50309 Phone: 515.244.2600 Fax: 515.246.4550
www.dickiiisoiilaw.coni
DICKINSON, MACKAMAN, TYLER & HAGEN, P.C.
July 22, 2015
Page 2
Thus, the agreement reached provided that the real estate and the improvements on
the property will be assessed at $1,900,000.00 for the year 2011. The litigation has been
settled by mutual agreement at that figure.
In accordance with Section 441.44 of the Iowa Code, you are being provided notice of
that settlement. If you have any questions or concerns, you may call me at the above
telephone number.
Very truly yours,
illiam R.iles
C^
r
ss
—
ca
SCHENKER
August 5, 2015
Ted A. Harms, State Rapid Response Coordinator
Iowa Workforce Development
3420 University Avenue
Waterloo, Iowa 50701
Mayor Mark Worrell
City of West Branch
110 N Poplar Street
PO Box 218
West Branch, Iowa 52358
Mayor Matthew J. Hayek
City of Iowa City
410 E. Washington St.
Iowa City, Iowa 52240
Re: Notice of Mass Layoff— Schenker, Inc.
Schenker, Inc.
Human Resources
1305 Executive Blvd., Suite 200
Chesapeake, VA 23320
U.S.A.
www.dbschenkerusa.com
Lee Sininger
Phone +1 714 920 7164
Fax +1 757 821 3663
This Notice of Mass Layoff is being provided to you in compliance with the federal WARN Act (Worker
Adjustment and Retraining Notification Act). This information is based on the best information available
to us, but may change due to subsequent events beyond our control. The affected facilities are located at:
BUNCHER Building, 5405 Heinze Road, Iowa City, Iowa 52240
R3W, 101 Council Street, West Branch, Iowa 52358
Main Building, 160 Fawcett Drive, West Branch, Iowa 52358
The expected date of the mass layoff is October 7, 2015. This action is expected to be permanent.
Attached is a list of the job titles of the positions to be affected and the number of affected employees in
each classification. Bumping rights do not exist. There is no union representing the affected employees.
aj For further information regarding this Notice, please feel free to contact me at (714) 920-7164.
VI�nI� I)
Sincerely,
Lee Sininger
Director, Human Resources
ow
Q
CM
This Notice of Mass Layoff is being provided to you in compliance with the federal WARN Act (Worker
Adjustment and Retraining Notification Act). This information is based on the best information available
to us, but may change due to subsequent events beyond our control. The affected facilities are located at:
BUNCHER Building, 5405 Heinze Road, Iowa City, Iowa 52240
R3W, 101 Council Street, West Branch, Iowa 52358
Main Building, 160 Fawcett Drive, West Branch, Iowa 52358
The expected date of the mass layoff is October 7, 2015. This action is expected to be permanent.
Attached is a list of the job titles of the positions to be affected and the number of affected employees in
each classification. Bumping rights do not exist. There is no union representing the affected employees.
aj For further information regarding this Notice, please feel free to contact me at (714) 920-7164.
VI�nI� I)
Sincerely,
Lee Sininger
Director, Human Resources
ow
SCHENKER
LIST OF JOB TITLES OF THE POSITIONS TO BE AFFECTED AND THE
NUMBER OF AFFECTED EMPLOYEES IN EACH CLASSIFICATION
Job Title
Number Affected
WAREHOUSEPERSON
4
WAREHOUSEPERSON, ASSOC
72
WAREHOUSEPERSON, SR
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32nd Annual Human Rights
Commission Breakfast
Wednesday, October 28 At 7:15 AM
(7:3o-8:30 Program)
Iowa Memorial Union,
Second Floor Ballroom
Orville H. Townsend, Sr.
Keynote Speaker
"Racism: A Community Puzzle" 111
Heather L. Shank,
Former Human Rights Coordinator,
will receive the
Lifetime Achievement Award
at the Awards Breakfast
Tickets Gn un sale'I'ucsdac, Aug.4 and are available at the Cashier - City Ifall
I1❑1 1c:-1 orfs,;ll:ae ale _z6 giIl:
i
10
A ra 6 -
Nominate a person or organization for a
Human Rights Award.
Award Descriptions & Nomination Forms
available at
www. icgov.org\humanrights
humanrights@iowa-city.org
Another successful year for Rummage in the Ramp Page 1 of 2
IP15
O SHARE Having trouble viewing this email? View it as a Web page.
City of IOWA CITY
FOR IMMEDIATE RELEASE
Date: Aug. 4, 2015
Contact: Marcia Bollinger
Phone: 319-356-5237
Another successful year for Rummage in the Ramp
For the ninth year in a row, the City of Iowa City's mega -recycle / resale event, Rummage in the
Ramp, once again helped keep several tons of still -usable items out of the Landfill. By the end of the
10 -day event, 25 tons of goods had been donated, displayed, and sold.
From July 27 through Sunday, Aug. 2, Rummage in the Ramp encouraged students and tenants who
were moving out of their apartments to drop off household items to the sale rather than leave them at
the curb or in the dumpster. The donated items, including furniture, beds, household goods, clothing,
books, non-perishable food, and more, were then offered for sale to the public at bargain -basement
prices, with proceeds then split among the local nonprofits that helped staff the sale.
Rummage in the Ramp 2015, like all the rummage sales that preceded it, offered an eclectic mix of
items, including more than 100 couches, 50 tables, 50 mattresses and box springs, 440 bags of
clothing and household goods, 75 boxes of books, as well as workout equipment, holiday decorations,
and enough keyboard instruments to create a music room: two upright pianos and an organ. The six
tons of items that remained unsold at the end of the sale were either recycled or donated to local
agencies.
Almost 200 volunteers from 36 local nonprofit organizations helped staff this year's event. Profits of
more than $17,000 from the sale will be divided among these groups, with each organization receiving
$457.
Rummage in the Ramp was organized by the City of Iowa City Landfill and Neighborhood Outreach
divisions, and co-sponsored by Aero Rental and Party Shoppe, Fareway Food Stores, and Hy -Vee
stores of Iowa City.
Questions?
Contact Us
https:Hadmin.govdetivery.com/abeibulletins/471929/preview 8/6/2015
08-06-15
IP16
Minutes
Human Rights Commission
July 21, 2015 – 5:30 PM
Helling Conference Room
Preliminary
Members Present: Kim Hanrahan, Orville Townsend Sr, Ali Ahmed, Harry Olmstead, Paul
Retish, Shams Ghoneim, Edie Pierce -Thomas.
Members Not Present: Joe Coulter, Stella Hart.
Staff Present: Stefanie Bowers.
Recommendations to Council: No.
Call to Order:
Hanrahan called the meeting to order at 5:32 p.m.
Consideration of the Minutes from the June 16, 2015 Meeting Date:
Motion Townsend, seconded by Pierce -Thomas. Motion passed 4-0. Hanrahan, Olmstead abstained
(not at June meeting). (Ghoneim not present).
Meeting Business (Ghoneim present 5:37)
Annual Report for FYI
Commissioners approved the annual report. It was noted that in the future it might be helpful to lay out
complaint statistics in a different format. Bowers will check with possible alternative ways to report out
on statistics but mentioned that often times a complainant will check more than one characteristic as
opposed to just one, for example, race and color or disability and religion which makes it more difficult to
place in categories.
Commission Action Plan 2015
Education programming
The tentative date for a program on affordable housing is October 5 at the Iowa City Public Library
meeting room A. As the program develops additional information and details will be provided. Pierce -
Thomas asked that the Housing Authority Director be asked to participate.
Education Outreach
Ghoneim recently presented to the Consultation of Religious Communities. The presentation that
discussed the purpose and function of the Human Rights Commission and was well received.
Ghoneim passed out brochures on two community organ izations—ToGather [sic] Together and Johnson
County Empowerment\Early Childhood Iowa to the Commission.
Community Outreach
Hanrahan attended the Juneteenth Celebration and reported that the turnout was terrific as were the
services and programs offered at the event. Hanrahan was able to get some feedback/opinions about what
it takes to create a human rights community from participants.
The Johnson County Americans with Disabilities Act Celebration (July 25)
Olmstead is speaking at this annual event being held on the Ped Mall. The event will offer live
entertainment and a keynote from Tara Fall author of Brainstorming: Functional Lessons from a
Dysfunctional Brain.
Reports
Construction/Trade Job Fair
Retish hopes to work with event planners to host another Job Fair in the near future that will offer a wider
array of employers. Retish will work with other Commission members to do outreach to employers.
Iowa City Pride (June 20)
Coulter, Hart and Pierce -Thomas attended this event as representatives of the Commission.
Community ID Kick Off (July 17)
Olmstead and Townsend both participated in this event as representatives of the Commission and were
given time to speak. Townsend noted the Kick-off was very well organized and the Community IDs will
benefit many in the community.
Motion to have the Council or the Commission send a letter thanking the Center for Worker
Justice for all its hard work, seconded by Ahmed. Motion failed 2-5. (Townsend, Hanrahan, Pierce -
Thomas, Retish, Ghoneim in the negative) (noting that all organizations, persons, community groups
and governmental agencies should be acknowledged).
Motion Olmstead to speak on behalf of the Commission at the Johnson County Board of
Supervisors meeting on Thursday, July, 23 to thank all those who helped with making the
Community IDs become a reality, seconded by Ahmed. Motion failed 1-6. (Townsend, Ahmed,
Hanrahan, Pierce -Thomas, Retish, Ghoneim in the negative) (noting that all organizations, persons,
community groups and governmental agencies should be acknowledged).
Council for International Visitors (July 21)
Hanrahan, Ahmed, and Olmstead met with State Department -sponsored international visitors for a
discussion on human rights. The visitors came from Cote d'Ivoire, Ghana, Indonesia, Sri Lanka,
Thailand, Gaza Strip and Estonia.
Human Rights Awards Breakfast (October 28)
The nomination forms for the awards will be available online in the near future along with a promotional
flyer.
Building communities
Townsend reported on the hiring of two Black Administrators for the Iowa City Community School
District.
Education Subcommittee
Hanrahan reported that the Equity Committee of the Iowa City Community School District meets
monthly and is more active and more visible to the community and the District than in the past.
Commission
Olmstead reported that City Channel 4 will be covering the ADA Celebration being held on Saturday,
July 25 on the Ped Mall. He also reminded Commissioners to attend the upcoming Resolving Disparities
in Johnson County for Youth of Color which is scheduled for July 29 and sponsored by the
Disproportionate Minority Contact Committee.
Ghoneim spoke on a recent meeting of The Gazette Writers Circle who has just authored an article on
"privilege".
Hanranhan provided an update on the LGBTQ Summit recently held at United Action for Youth.
Hanrahan provided pictures from the event and spoke of the possible reestablishment of a PFLAG
(Parents, Families, Friends and Allies United with LGBTQ People to Move Equality Forward) in the area.
Staff
Bowers reminded Commissioners that the meeting for September has been changed from the 15 to the 16
because September 15 falls over Rosh Hashanah.
Adjournment: 6:47
Next Regular Meeting — August 18, 2015 at 5:30 p.m.
3
Human Rights Commission
ATTENDANCE RECORD
YEAR 2014/2015
tMPPtina Pato,
NAME
TERM
EXP.
9/16/
14
10/2/
14
10/21/
14
11/18/
14
12/15/
14
1/20/
15
2/17/
15
3/17/
15
4/1/
15
4/21
15
5/19
15
6/16
15
7/21
15
Edie Pierce-
Thomas
1/1/2016
-
-
-
-
-
X
O/E
X
X
X
O/E
X
X
Joe D. Coulter
1/1/2016
X
X
X
X
X
X
X
X
X
X
X
X
O/E
Harry
Olmstead
1/1/2016
X
X
X
X
X
X
X
O/E
X
X
X
O/E
X
Paul Retish
1/1/2017
O/E
X
O/E
O/E
X
X
X
X
X
X
X
X
X
Ali Ahmed
1/1/2017
O/E
X
X
X
X
O
X
O/E
X
X
X
O/E
X
Orville
Townsend, Sr.
1/1/2017
X
X
X
X
X
X
X
X
X
X
X
O/E
X
Kim
Hanrahan
1/1/2018
X
X
X
X
X
X
X
X
X
X
X
j O/E
X
Shams
Ghoneim
1/1/2018
X
X
X
X
X
O/E
X
O/E
X
X
X
X
X
Stella Hart
1/1/2018
O/E
X
X
X
X
X
X
X
X
X
O/E
X
X
KEY: X = Present
O = Absent
O/E = Absent/Excused
NM = No meeting
--- = No longer a member
R = Resignation
�_ 161M
COMPLAINTS FILED BY AREA
Credit
Education
Employment
Housing
Public Accommodation
Total Number of Complaints
RESOLUTIONS
Mediated
No Probable Cause
Administrative Closure
Right To Sue
Lack of Jurisdiction4
r
2 0
2 1
16 12
5 12
16 15
372 403
2.
2
5
3
11
25
1
0,
0
0
,0
0
Satisfactorily Adjusted
Withdrawn 3 2
Probable Cause 1 0
Total Number of Resolutions 23 : 32
Summary
In FY 15, public accommodation is the area m?vhich the most complaints were filed (15).
Employment and housing were second, with 12,complaints each, followed by education
(1) and credit (0): Race (19) and color (12) were the most common characteristics cited
for the alleged discriminatory conduct. These were followed by age (10) and disability
(9). Retaliation was alleged in 14 complaints.
In FYI 4, (16) complaints were filed in the area of employment, (5) in housing and (16) in
public accommodation. The. characteristic cited the most for the reason for discrimination
in FY 14 was disability (18) followed by race (17) and then sex (12).
2 37 complaints were filed in FY14. However, some complaints cite more than one area as the reason for
the discriminatory action. 41 reflects the number of all areas cited in each complaint.
3 38 complaints were filed in FY 15. However, some complaints cite more than one area as the reason for
the discriminatory action. 40 reflects the number of all areas cited in each complaint.
4 `Lack of Jurisdiction' refers to complaints that allege discrimination on a basis or in an area not covered
by local law. Lack of jurisdiction could also include complaints that allege conduct/activity that even if true
would not violate local anti -discrimination law. When applicable such complaints are referred to
appropriate agencies. Examples would include Wage & Hour violations or Family Medical Leave Act
violations.
3
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Summer 2015
ToGather
Together
You can make a difference. Join us in ToGather Together, an initiative of the Consultation of Religious Communities, to
support a county -wide effort to ensure that all of our children have the supplies they need to start school ready to learn.
In the past years the ToGather Together school supply drive brought together churches, social service agencies,
businesses, individuals, and schools in a county -wide effort to provide funding for back -to -school supplies so that each
child in need could start the year prepared to learn. Over 3,700 children were served in 2014 and we look toward an
even greater need in 2015 — our goal is to serve over 4,200 children this year. We believe that by pooling our efforts and
resources, we will ensure that all needy children are reached.
We need your help. We are seeking your sponsorship to purchase school supplies so we can best serve the children in
our community. Please consider a financial donation to the ToGather Together project and make a difference for our
children.
To make a donation supporting the children of Johnson County please send a check made out to "ToGather Together".
All contributions are tax deductible.
Mail to:
ToGather Together
P.O. Box 2025
Iowa City, IA 52244
To receive more information about ToGather Together and to find out how to get involved please contact Marsha Lowe
or Karrie Craig, the co -directors of ToGather Together at the email addresses below.
Thank you for supporting the students of Johnson County and helping our children be prepared to learn and succeed.
Karrie Craig & Marsha Lowe
Co -directors of ToGather Together
thecraigfamily@mchsi.com
marshalowe@gmail.com
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L2EIP17Mi
MINUTES PRELIMINARY
PLANNING AND ZONING COMMISSION
JULY 16, 2015 — 7:00 PM — FORMAL
IOWA CITY PUBLIC LIBRARY — MEETING ROOM A
MEMBERS PRESENT: Carolyn Dyer, Charlie Eastham, Mike Hensch, Phoebe Martin, Max
Parsons, Jodie Theobald
MEMBERS ABSENT: Ann Freerks
STAFF PRESENT: Geoff Fruin, Sara Hektoen, Karen Howard, Bob Miklo
OTHERS PRESENT: Ed Cole, Nick Bettis, Duane Musser, Brian Flynn, Aaron Doubet, Nate
Kading, Joe Tiefenthaler
1. The Commission voted 6 -Oto recommend approval of VAC15-00003, a vacation of the
eastern 150 -feet of the 80ft-wide Harris Street right-of-way located west of the Linn
Street right-of-way and south of lot 4 in block 1, according to the original town plat,
subject to the creation of a pedestrian easement, a minimum of 10' in width, for the
southern edge of the right-of-way.
2. The Commission voted 6-0 to recommend approval of amendments to Title 14, Zoning to
add a definition for "rooftop service areas" and establish standards for such uses.
3. The Commission voted 6-0 to recommend if the County approves County Rezoning Item
(CZ15-00002) be conditioned on the following: A. Buchmayer Bend being improved to
meet County road performance standards. B. The subdivision being designed to preserve
open space and create an appropriate street pattern with Jenn Lane and Jenn Lane Court
being connected to provide a loop street. C. an easement being reserved to provide for
future road access to the property to the south. D.The subdivision include storrmwater
management.
The meeting was called to order at 7:00 PM.
There were none.
Discussion of an application submitted by Ed Cole for a rezoning to amend a Planned Development
Overlay (OPD) Plan to allow the addition of 45 manufactured housing units to Cole's Mobile Home
Planning and Zoning Commission
July 16 2015 — Formal Meeting
Page 2 of 14
Overlay (OPD) Plan to allow the addition of 45 manufactured housing units to Cole's Mobile Home
Community located in the Planned Development Overlay- High Density Single Family Residential
(OPD-RS12) zone at 2254 South Riverside Drive.
Miklo stated this item was on the agenda at the last meeting and it was deferred at that time so
questions regarding drainage, flood control, and storm shelter could be answered. He said the City
received revised plans this week, the City Engineer's have completed their review and are satisfied
with the preliminary plans for drainage as well as filling the flood plain in this area. The revised plan
now shows two potential locations for storm shelters, they would be new storm shelters, the existing
buildings would not meet the requirements for storm shelters in the Code nor would they be ADA
compliant. Therefore the applicant has agreed to build new storm shelters. Miklo stated that with
the revised plan and the commitment to the construction of the new storm shelters Staff is
recommending approval of this item subject to the conditions:
1. The two existing properties (former Thatcher and Baculis parks) being combined into one
lot.
2. Resurfacing of the entrance road to the point of the new private street and designation of
pedestrian route where sidewalks are net possible due to existing development.
3. Approval of a storm shelter plan during the final site plan stage.
4. Staff approval of structures to screen dumpster and recycling facilities.
Dyer asked about the possibility of removing one of the lots in order to allow for the roadway
improvements and sidewalks on every street. Miklo showed in the new plan where the sidewalk
would end due to a unit in the way, however the sidewalk would be painted on the roadway. Only if
that one unit were moved could a sidewalk be continued in that area. Miklo suggested that the
applicant address that issue.
Martin asked about this area and how in the Comprehensive Plan it states that this area should
have less residents and the City's view on that now. Miklo stated that when the South Central
District Plan was written in 1997 there was a concern because the only way to get to the property
was from Riverside Drive, and through an industrial area. Therefore at that time there was a long-
term goal of removing the manufactured housing from the area. Since that time McCollister
Boulevard has been constructed giving another access to the development and a levee has been
built to help with flood protection. Additionally there are not many places in Iowa City zoned for this
type of housing and therefore. Miklo also noted that this area is already zoned residential, it is not a
change from a non-residential zone.
Theobald asked where the new storage facility was being constructed in relation to the mobile
home park. Miklo showed on a map the area and where the storage facility was being built.
Martin asked what the zoning was on the other side of McCollister. Miklo said some is public, part
of Mesquakie Park, a former landfill not likely to ever be developed because of the nature of the
landfill under.
Hensch asked for clarification on another manufactured housing community that was held to the
5000 square foot lot size. Miklo said the most recent development in Iowa City under that zoning
was Saddlebrook and most of those lots are 5000 square feet.
Planning and Zoning Commission
July 16 2015 — Formal Meeting
Page 3 of 14
Martin asked about the Saddlebrook Development and questioned if the Commission had just re-
done some of the zoning in that area so they are not doing manufactured homes. Miklo confirmed
that a part of the Saddlebrook Development is being developed as multi -family and conventional
housing.
Miklo showed on a map the where the area was that is being requested to allow for the lot sizes to
be less than 5000 square feet, and the difference is about 600 square feet.
Eastham asked about the lack of the sidewalk on the roadway and where the school bus stops as
well as the Iowa City Transit bus stops were. Miklo was able to show where the City Bus stop was
on Riverside Drive, but was not sure about the school bus stops.
Eastham opened the public hearing.
Ed Cole (1450 Laura Drive) is the owner of the parks. He stated the school bus stop was located
on Riverside Drive and said there is a bus shelter there. He also noted that would be close to the
construction of the storm shelter which also might be a laundromat for the residents.
Nick Bettis (HBK Engineering) noted that in working with the owner they have made the primary
location of the storm shelters right in the center of where the two parks will merge.
Eastham asked if the one shelter would be for the whole park. Miklo said for this rezoning request
the City could only require this new shelter be big enough for the subject zoning area. The City's
recommendation is the shelter be a minimum of 700 square feet which would be adequate based
on state guidelines for the Thatcher portion of the park.
Eastham closed the public hearing.
Theobald moved to approve REZ15-00007 subject to the conditions recommended by Staff.
1. The two existing properties (former Thatcher and Baculis parks) being combined into
one lot.
2. Resurfacing of the entrance road to the point of the new private street and
designation of pedestrian route where sidewalks are net possible due to existing
development.
3. Approval of a storm shelter plan during the final plat stage.
4. Staff approval of structures to screen dumpster and recycling facilities.
Martin seconded the motion.
Hensch stated he is in favor of this rezoning as it is adding to the housing mix, particularly
affordable housing but is concerned about the reduction of the lot size requirement of 5000 square
feet. The 5000 square feet could be achieved by removing just one unit in each of the rows.
Hektoen stated that if Hensch could not make that a requirement in the motion because it would
require changes to the plans.
Planning and Zoning Commission
July 16 2015 — Formal Meeting
Page 4 of 14
Miklo said that in the time between the Commission vote and Council approval the applicant could
adjust the plans and remove that waiver from the application.
Eastham concurred that he was interested in the concept of maintaining the 5000 square foot lot
requirement.
Hensch asked if there were any mobile home parks with lots less than 5000 square feet and Miklo
said that some of the older parks are.
Dyer asked what the lots sizes were in the existing parks (Thatcher and Bacilus). Miklo said they
are in the 4000-45000 square foot range.
Theobald was not inclined to require the 5000 square foot lots. Her concern was more in the
overall affordable housing issue and questioned that this development was not sufficient to conquer
affordable housing. This is adding affordable housing to an area already saturated, affordable
housing needs to be in other areas of the City as well, it needs to be diversified.
Martin agreed and shared the concern that this is an industrial area and is struggling with allowing
more residential in an area that was at one point was designated for the non-residential uses.
Theobald noted however that she was impressed with the improvements in the community, the
playground that has been added and it does offer more opportunity for housing so she will vote in
favor.
Hensch again noted he is in favor of the application, except for the waiver of the lot sizes. All the
other waivers listed in the application have rationale except the lot size waiver.
Other commissioners indicated that the lack of a sidewalk connection was more of a concern than
the lot sizes.
Eastham agreed, but there does not appear to be a majority of the Commission that would agree to
a motion to require a change in lots sizes so it was dropped.
Eastham questioned again the lack of the sidewalk on one of the interior streets and asked about
the street lighting requirements for this development. Specifically would there be street lighting on
the street side that would not have the sidewalk. Miklo could not say exactly what the requirements
are, but believes there are street lights. Miklo showed photos of the area and pointed out the street
lights. It showed there would be street lights in the area that would not have the sidewalk.
Eastham said is not in favor of approving a new development that would have pedestrians walking
on the roadway to get to bus stops. That would not likely be approved in any other development.
Secondly he is very concerned about the potential flood hazard, he knows there is a levee designed
to protect the area but is still concerned. Parsons noted he had that concern at the last meeting but
conceded to trust the City Engineers report that the levee is sufficient.
Martin asked if Miklo was able to find out about insurance in the flood area. Miklo said the residents
of the development would be able to purchase flood insurance. Martin asked if they would
specifically be covered if the levee were breached. Miklo stated he believed so.
Planning and Zoning Commission
July 16 2015 — Formal Meeting
Page 5 of 14
Eastham asked if there were flooding in this area, would FEMA treat these homes the same as any
other flood damaged home. Miklo was not sure about the FEMA details, but the actual units in the
development would be elevated above the flood hazard zone.
A vote was taken and the motion failed 2-4 (Dyer, Eastham, Hensch and Martin voting no,
Freerks absent).
ANNEXATION I REZONING ITEM (ANN15-00001/REZ15-00014):
Discussion of an application by CBD, LLC for annexation of 18.6 acres and rezoning from
County Multi -Family Residential (RMF) to Low Density Multi -Family (RM -12) for approximately
1.91 acres and Low Density Single Family (RS -5) for approximately 16.75 acres of property
located west of Churchill Subdivision, south of Herbert Hoover Highway.
Miklo reminded the Commission that the City recently annexed the area to the east, called Churchill
Subdivision, and that will have the street access from Herbert Hoover Highway for the immediate
future. In the long term there may be future development and more access from the south.
Because of that the City did place conditions on the previous annexation and rezoning regarding
payment for the future upgrade of Herbert Hoover Highway, the requirement that the sanitary sewer
and water be provided by the developer. It will be provide with the Churchill Subdivision through an
easement through the St. Patrick Church property.
Miklo stated that the zoning pattern requested is similar to the Churchill development in that the
frontage along Herbert Hoover Highway is proposed to be RM -12, Low Density Multifamily. The
remainder of the site is RS -5 Low Density Single Family. Miklo showed a concept plan of how it
might appear when developed. Because some of the single-family lots are sharing the alley with the
multifamily zone, they are allowed to be smaller (6,000 square feet and 50 feet wide). Most of the
corner lots are large enough to accommodate a duplex. At this point the plan is just conceptual and
will have to go through the subdivision process.
Miklo pointed out one of the issues when the City annexed and zoned Churchill was providing
pedestrian link back to the City and that will be accomplished through an access easement and
sidewalk through the St. Patrick Church property to the south. There was also consideration of a
sidewalk along Herbert Hoover Highway but the applicant chose the route to the south. Staff is
recommending that a sidewalk to the west be a condition of approval to provide pedestrian access
to the commercial area at Olde Towne Village. There are some concerns from the applicant
regarding that expense and it may be best to defer this decision until the standards could be
decided on width, thickness, etc. There is the possibility of another property to be annexed soon as
well, and that property owner would be responsible for that portion of the sidewalk.
Martin asked for clarification on what was being recommended a sidewalk. Miklo said it would be
adjacent to Herbert Hoover Highway, across adjoining properties if they were not annexed into the
City soon.
Dyer asked if the Churchill property would also be required to have a sidewalk along Herbert
Hoover Highway. Miklo said yes, that when that portion of Churchill is built, they will build a
sidewalk.
Hektoen said at the time of the Churchill approval the recommendation was for them to connect to
the public sidewalk system and they choose to install it to the south through the St. Patrick site.
Planning and Zoning Commission
July 16 2015 — Formal Meeting
Page 6 of 14
Dyer stated her concern about the fairness of not making Churchill have to also pay to fill the gap of
the sidewalks. Miklo said at the time of Churchill the concern was for some pedestrian access, but
it was not specified where and the option of going through St. Patrick was approved. He also noted
that the current applicant is also the developer of Churchill.
Parsons asked if there were an easement to the south to allow the sidewalk to go to the new
property and Miklo confirmed there was.
Miklo stated that Staff recommends approval of ANN 15-00001 and REZ15-00014, annexation of
approximately 18.66 acres and a rezoning from County Multi -Family Residential (RMF) to 1.91
acres of Low Density Multi -Family Residential (RM -12) and 16.75 acres of Low Density
Single Family Residential (RS -5) for the property located south of Herbert Hoover Highway,
subject to a Conditional Zoning Agreement stipulating:
1. The owner/developer will be responsible for providing sanitary sewer and water service to
this property.
2. Approval of a development plan for the RM -12 zone, including a landscaping plan, exterior
building designs, and site plan by the Design Review Committee to ensure
Comprehensive Plan policies regarding compatibility with lower density residential
properties and appropriate development appearance for an entranceway to the City, will be
required prior to approval of a building permit.
3. The payment of fees required for the upgrade of Herbert Hoover Highway.
4. The owner/developer will install a pedestrian walkway along Herbert Hoover Highway to
connect to Olde Towne Village.
Hensch asked for clarification regarding the property in between Olde Towne and the proposed
property and if there was a time limit on when that had to be annexed for the sidewalk condition.
Miklo said the recommendation is when this current application is developed, there be a sidewalk
connection, if the other property comes into annexation soon, before the development of this
application, then that property owner would provide the sidewalk on their property.
Dyer asked if this project could connect through the Churchill development and connect to the City
sidewalk system on Lower West Branch Road. Miklo said they could, but Staff felt an additional
connection needs to be on Herbert Hoover Highway.
Parsons asked when the City will determine that Herbert Hoover Highway needs to be upgraded to
City standards. Miklo said it's based on traffic levels and conditions of the road. It will depend on
the amount of development, the condition of the existing road, and of course considered with other
priorities in the Capital Improvements Plan throughout the city.
Eastham asked if there was a zoning map with this application. Miklo showed a zoning map of the
area. The RM -12 would be approximately 2 acres and the RS -5 would be approximately 16 acres.
Parsons asked about lot 46 and if that was in a sensitive area. Miklo felt it was unlikely to be and
showed where the stormwater management facility would likely be and that would be looked at
Planning and Zoning Commission
July 16 2015 — Formal Meeting
Page 7 of 14
during the platting stage.
Eastham opened the public discussion.
Duane Musser (MMS Consultants) represented the applicant. He stated they would like to request
a deferral this evening on this application. The applicant would like to find out more details
regarding the condition of the sidewalk. He is working with City Staff to get answers and feels they
will all be better prepared in two weeks' time.
Eastham asked if the connection of the sidewalk is the only concern. Musser agreed that was the
only concern the applicant had. The applicant is developing Churchill Part One, this will be Churchill
Part Two, so it is the same group of owners doing both developments. The applicants felt they met
the condition of pedestrian access by obtaining the easement from the church property and
constructing the sidewalk access through that property. Additionally Musser said the potential
annexation of another property between city limits and this parcel would help with costs associated
with the sidewalk construction. The applicant also has a concern about constructing a 8 foot wide
sidewalk now that could be tore out in 5 or 10 years when Herbert Hoover Highway is redone or
could a temporary path system be created to allow pedestrian access for the time being.
Eastham commented that his concern was access for children to get to Lemme School and if there
was an advantage of one particular route over the other. Musser noted that traffic on Herbert
Hoover Highway was at great speeds than Lower West Branch Road.
Hensch asked what the school designated for this development would be. Musser was not sure,
Eastham thought it would be Lemme. Miklo said he would confirm that at the next meeting.
Eastham closed the public hearing.
Martin moved to defer ANN15-00001 and REZ15-00014, annexation of approximately 18.66
acres and a rezoning from County Multi -Family Residential (RMF) to 1.91 acres of Low
Density Multi -Family Residential (RM -12) and 16.75 acres of Low Density Single
Family Residential (RS -5) for the property located south of Herbert Hoover Highway.
Hensch seconded the motion.
A vote was taken and the motion passed (6-0, Freerk absent)
VACATION ITEM (VAC15-00003):
Discussion of an application submitted by City of Iowa City for a vacation of approximately. 275
acres (150' by 80') of unimproved Harrison Street located west of the Linn Street right-of-way,
south of Lot 4 in Block 1.
Miklo showed a photograph of the area, which is west of Linn Street. The street right-of-way has
been there since the original plat but has never been built because of the steepness of the grade.
Due to the steepness it is highly unlikely it would ever be built as a street and it is not needed for
utilities or other public services. Staff is recommending the area be vacated and it would then be
joined with the adjoining property that CA Ventures is acquiring from the City for development that
was recently reviewed by the City Council.
Planning and Zoning Commission
July 16 2015 — Formal Meeting
Page 8 of 14
Hensch asked if the property was directly south of the old St. Patrick's Parish Hall. Miklo confirmed
it was.
Eastham asked how this parcel was addressed in the Riverfront Crossings Plan. Miklo said the
Plan shows this property as being part of the development of the block to the north.
Miklo showed the CA Ventures proposal which showed a parking structure with two towers on it and
a walkway that would be retained to allow pedestrian access between the two sections of Harrison
Street.
Eastham opened the public hearing.
Seeing no one, Eastham closed the public discussion.
Hensch moved to approve VAC 15-00003, a vacation of the eastern 150 -feet of the 80ft-wide
Harris Street right-of-way located west of the Linn Street right-of-way and south of lot 4 in
block 1, according to the original town plat, subject to the creation of a pedestrian
easement, a minimum of 10' in width, for the southern edge of the right-of-way.
Parsons seconded the motion.
A vote was taken and the motion passed 6-0 (Freerks absent).
CODE AMENDMENT ITEM:
Discussion of amendments to Title 14, Zoning to add a definition for "rooftop service areas" and
establish standards for such uses.
Fruin began the Staff Report reminding the Commission of the discussion at the May 21 meeting
and the concern about noise and how that would be handled. All the other requirements that were
mentioned at the May 21 meeting still stand, the ADA requirements, the screening requirements,
etc. Given the concerns regarding noise that the Commission raised the Staff has gone back and
codified the noise regulations. The first proposal was to just handle noise through the temporary
use permit system. In that system everything would be reviewed on case-by-case basis. In the
new proposal that is still the case, except they have also greatly restricted who is even eligible to
get a temporary use permit. There is a table in the Staff memo that shows each zoning
classification and the limitations in each on amplified noise and limits on occupancy and hours of
operation. Fruin said amplified noise would only be allowed in the CB -10 district, which is the heart
of the downtown and for hotels in the Riverfront Crossings South Downtown District. There are
restrictions for no live entertainment using amplified noise, live entertainment would be allowed, but
could not be amplified. It also states that under no circumstance would amplified noise be allowed
after midnight or before 10 a.m.
Martin asked for clarification on whether amplified sound is allowed for hospitality oriented retail use
in the downtown CB -10 zone. Fruin said yes it would be allowed.
Dyer asked what would be amplified if live music is not allowed. Fruin said amplified meant
plugged in, so in the areas where no amplified is allowed, not even speakers can have
microphones.
Planning and Zoning Commission
July 16 2015 — Formal Meeting
Page 9 of 14
Eastham asked for where the provisions are that allow hotels to have amplified sound in their
outdoor service areas. Howard said currently a provision on amplified sound in outdoor service
areas. Fruin said this amendment is for rooftop service areas, noting that there have been more
and more requests. For example Hotel Vetro has had wedding receptions and gatherings on their
rooftop area using amplified noise for over a decade now. The City has not received any noise
complaints with that, but would like to have this code amendment in place to officially permit it.
Additionally FilmScene has been showing outdoor movies without any complaints. This code
amendment will legitimize these situations.
Hensch asked if the no live entertainment exemption was current City policy. He feels that in
situations like weddings at Hotel Vetro that would not cause any disruption. Fruin said it was not an
intentional prohibition it was just written that way. Howard said one of the issues is the regulations
for outdoor areas is included in the part of the City Code regarding alcohol so it is not in the zoning
ordinance where typically a lot of things are reviewed.
Eastham wanted to make sure this would not seem to be an amendment to favor one particular
business, Hotel Vetro. Howard noted there would be three more hotels coming into the area soon
that could also have such outdoor areas. Fruin stated that hotels are typically self -policing when it
comes to noise, as they also have a residential component so there was less concern about noise.
Additionally he noted that the City's noise ordinances are enforced. Howard said hotels would have
to comply with all the noise ordinances but would not need to reapply for the temporary use permit
each year as other businesses would.
Eastham opened the public hearing.
Brian Flynn (Joe's Place) and Aaron Doubet (DB Acoustics, Marion Iowa) came forward. Flynn
wanted to know if the Commission had questions for them and the concern about amplified noise.
He said Doubet does all his sound engineering for all his restaurants and bars. Flynn noted he
owns 30 Hop in Coralville which has a rooftop service area. There has a hotel right across the
street from 30 Hop but they were able to engineer the sound to be amplified directionally away from
the hotel.
Hensch asked if noise baffling was an expensive issue for businesses. Doubet said it all depends
on the space and what you are trying to control. In an instance where there is an outdoor patio
space one of the controls is the overall volume a system should play at. That is because what
happens is the louder the system, the louder the people will talk. He noted that in the downtown
Iowa City bar area it is generally loud anyway. Sound baffling, which is using materials to absorb or
deflect sound, to reduce the energy and reverberation of it, there are many options and some can
be quite expensive. It just depends on the situation. Doubet noted that if a lot of low frequency is
not pumped through a system (which goes everywhere and is not directional) and high frequency is
used it will run out of energy and not travel as far. Doubet said the spoken word is in a range of
2000 hertz's and anything below 250 hertz is considered low frequency. So he said what they will
do, instead of trying to sound proof the space, they will control the frequency of the sound that is
played through electronics. It can also be controlled through the direction of the speakers. So that
will eliminate any type of rattling of windows or reverberation caused by low frequencies.
Additionally Doubet said outside of just absorption panels there are many things that absorb sound.
Humans absorb sound so taking the capacity of a space into account helps them design their sound
systems. He noted that in the downtown Iowa City space they will have fence covered in vines built
opposite of the speakers used to deflect sound.
Planning and Zoning Commission
July 16 2015 — Formal Meeting
Page 10 of 14
Dyer questioned that some property owners could just bring out the speakers to their stereo
systems and not employee electronic technology to control it. Fruin said the City would require a
sound management plan that Staff reviews prior to giving the temporary use permit.
Nate Kading (business owner Tailgate, Shorts, Pullman) stated on behalf of his business partners
and himself they are in support of this amendment and commend City Staff on the work that went
into this. He feels this is a great opportunity for the Commission to set a precedent for these types
of RSAs moving forward and the details that have gone into plans for rooftop service areas is
extensive and well thought out. It is all responsible and taking into consideration neighboring
businesses and residents. Kading said he had an opportunity over the past couple months to travel
around the United States into Denver, Charlotte, Columbia, Portland, Seattle and saw that these
type of spaces. This is something consumers want and Iowa City is lagging behind from a
competitive standpoint. Kading highly recommends the Commission approve this amendment.
Joe Tiefenthaler (executive director, FilmScence) noted he was impressed with the time and
thought City Staff put into this amendment. He said they have received positive feedback from the
use of their rooftop service area and it's been a wonderful addition to the downtown community. He
agrees other businesses should have this same opportunity. He added Washington DC and
Minneapolis as two other cities that utilize these rooftop areas well. He also said that when
discussing noise, when on their rooftop you do not hear much of the sound from the Ped Mall — so
noise is not an issue.
Hensch asked if Tiefenthaler has had any difficulty managing sound. Tiefenthaler said they have
not, they have received no complaints, and they do have a sound guy and projectionist who works
to keep the sound in check. Their rooftop space is very intimate so they don't want it to be very
loud.
Hensch asked how late into the evening they use the space. Tiefenthaler said they screened four
movies in the space last summer and they start as dusk so it is approximately from 9 p.m. to
midnight.
Dyer asked if FilmScene had an elevator. Tiefenthaler said their elevator only goes to the second
floor and it is stair access to the rooftop. He explained that they were grandfathered in with the
development of the space.
Eastham closed the public hearing.
Hensch moved to approve the recommendations set forth in the Staff memorandum dated
July 10, 2015.
Martin seconded the motion.
Theobald noted that the revisions Staff made to the amendment made her feel better about this.
Staff and the community have really addressed all the concerns.
Hensch agreed and said he felt this was a good amendment.
Parsons agreed, noting nothing would be 100% effective and there may be adjustments along the
way but at this point is ready to move forward with this amendment.
Planning and Zoning Commission
July 16 2015 — Formal Meeting
Page 11 of 14
Eastham said he enthusiastically supports parts of this rooftop access, particularly the requirement
of accessible access which has not been done well in the past or in other communities.
A vote was taken and the motion carried 6-0.
COUNTY REZONING ITEM (CZ15-00002):
Discussion of an application submitted by Michael Furman for a rezoning from County
Agriculture (A) to County Residential (R3) for approximately 40 acres of property located at
3051 Buchmayer Bend NE in the Iowa City/Johnson County Fringe Area.
Miklo showed a map of the area. The 40 acre parcel currently has one residence on the parcel and
is zoned agricultural in the County. Most of the area is agricultural with some residential lots to the
east. Since this area is within two miles of the city limits is it covered by the Fringe Area Agreement
where the County and the City jointly review rezoning's and subdivisions. In the County Land Use
Plan the area west of Highway 1 is identified as a growth area for residential development. So this
item does comply with the County's Land Use Plan. The Plan also has some policies regarding
environmental concerns and the need for adequate infrastructure. Miklo stated the development
standards in the Fringe Area Agreement encourage cluster development, which preserves large
tracts of open space including environmentally sensitive areas and farmland, results in compact
development that requires lessinfrastructure, and is more efficient for provision of services. Staff
has reviewed the subdivision concept with County Planning Staff and is concerned that the
concept plan does not comply with this policy of the Fringe Area Agreement. The current proposed
plan would create a situation in which future subdivision of property for infill development might not
be possible. Rather than a cul-de-sac staff recommends that Jenn Lane be connected to the
existing Jenn Lane Court and that a road easement be reserved to provide access to the property
to the south to allow interconnected development. These recommendations are to avoid long cul-
de-sacs that are not easy for navigation of emergency vehicles.
Parsons asked if the County had the same "complete streets" policy that the City has. Miklo was
unsure of "complete streets" but that they do have a policy of connecting streets and avoiding cul-
de-sacs for the same reasons the City is.
Miklo said they defer to the County on whether this complies with their land use plan, the City
believes it does, but if they do approve the rezoning the City would recommend the four conditions
1. Buchmayer Bend being improved to meet County road performance standards.
2. The subdivision being designed to preserve open space and create an appropriate street
pattern with Jenn Lane and Jenn Lane Court being connected to provide a loop street.
3. An easement being reserved to provide for future road access to the property to the south.
4. The subdivision include stormwater management.
Parsons asked what County road performance standards are. Miklo was not completely familiar
with the County road standards, but it would not be curb based and concrete, but would be chipped
sealed and not gravel.
Planning and Zoning Commission
July 16 2015 — Formal Meeting
Page 12 of 14
Eastham asked how the requirements of the conditions fit into the City's interests when it's a
development in the County and several decades away from incorporation into the City. Miklo said
this area is not in the City's growth area, but it is very close so the City believes it's not in our
interest to cut the standards. In terms of stormwater management it will flow into the watershed that
comes into Iowa City. Traffic from this development will also come into Iowa City and if it is ever
annexed into Iowa City a better road pattern will make it easier for City services.
Eastham opened the public hearing.
Seeing none Eastham closed the public discussion.
Martin moved that if the County approves this rezoning it be conditioned on the following:
4. Buchmayer Bend being improved to meet County road performance standards.
5. The subdivision being designed to preserve open space and create an appropriate
street pattern with Jenn Lane and Jenn Lane Court being connected to provide a
loop street.
6. An easement being reserved to provide for future road access to the property to the
south.
7. The subdivision include storrnwater management.
Parsons seconded the motion.
A vote was taken and the motion carried 6-0 (Freerks absent).
COMPREHENSIVE PLAN ITEM
A public hearing on an amendment to the Comprehensive Plan: The 2015 South District Plan. The
plan may be viewed at: www.icclov.org/southic.
Parsons moved to defer a public hearing on an amendment to the Comprehensive Plan: The
2015 South District Plan to August 20, 2015 meeting.
Theobald seconded the motion.
Eastham noted to Staff that he still has questions regarding the inclusion of the crime statistics in
the draft plan.
A vote was taken and motion carried 6-0.
CONSIDERATION OF MEETING MINUTES, JULY 2,2015:
Dyer moved to approve the meeting minutes from the July 2, 2015 meeting.
Theobald seconded the motion.
A vote was taken and the motion carried 6-0.
Planning and Zoning Commission
July 16 2015 — Formal Meeting
Page 13 of 14
PLANNING & ZONING INFORMATION:
Eastham asked about the questions that the Commission raised at the last meeting regarding the
landscaping at the new Hy -Vee. Miklo said the inspection division has been working with HyVee to
supplement the screening with additional evergreens.
Eastham asked if there was information on why this screening was not installed and how additional
screening is being required after can occupancy permit was issued. Miklo said tzoning requires S3
screening and there was some confusion because there was a masonry wall on the Prairie Du
Chein Road side that was reviewed at the time the Commission and Council reviewed the rezoning.
That would have satisfied the S3 requirement. Hy Vee changed their plan and removed a drive-
through coffee shop so the masonry wall was no longer required, but the S3 screening still was
required.
Theobald asked what level of screening was required on the Dodge Street side. Miklo said that is
S2 which is 2 to 4 feet in height because it doesn't face residential.
ADJOURNMENT:
Martin moved to adjourn.
Theobald seconded the motion.
A vote was taken and motion carried 6-0.
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