HomeMy WebLinkAbout2016-03-01 CorrespondenceFebruary 19, 2016
Johnson County Board of Adjustment
913 S. Dubuque Street
Iowa City, IA 52240
RE: Conditional Use Permit for 4860 American Legion Road
Dear Members of the Board,
The Iowa City Planning and Zoning Commission
Steve Fangman for the renewal of a conditional
located at 4860 American Legion Road SE. The
permits cities to review conditional use permits
territorial jurisdiction.
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CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(3 19) 356-5000
(319) 356-5009 FAX
www.icgov.org
reviewed the request submitted by
use permit for 5.47 acres of land,
Johnson County Zoning Ordinance
for applications within their extra -
At its February 18th meeting, the Iowa City Planning and Zoning Commission
unanimously recommended approval of the application subject to the term of expiration
in ten years and that all materials and equipment associated with the business be
stored in the accessory structures identified on the site plan. The City Council concurs
with the Commission and recommends that the conditional use permit requested by Steve
Fangman be approved.
Thank you for your consideration of our comments on this application.
Sincerely,
J es Throgmorton
Mayor
City of Iowa City
February 19, 2016
Johnson County Board
913 S. Dubuque Street
Iowa City, IA 52240
RE: Conditional Use Permit for 4860 American
Dear Members of the Board,
4d(8)
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
The Iowa City Planning and Zoningom sion reviewed the request submitted by
Steve Fangman for the renewal of a it,onal use permit for 5.47 acres of land,
located at 4860 American Legion Road E. The Johnson County Zoning Ordinance
permits cities to review conditionalus ermits for applications within their extra-
territorial jurisdiction.
At its February 18th meeting,
unanimously recommended app6
in ten years and that all materia
stored in the accessory structure
with the Commission and recom I
Fangman be approved.
Thank you for your consideration
Sincerely,
James Throgmorton
Mayor
City of Iowa City
1 Iowa C}ty Planning and Zoning Commission
I of the application subject to the term of expiration
> and equipment associated with the business be
identified on the.site plan. The City Council concurs
is that the
our comments
City of Iowa City
MEMORANDUM
Date: February 10, 2016
To: Planning and Zoning Commission
From: Martina Wolf, Planning Intern
RE: 4860 American Legion Road SE, Steve's Roofing, Inc.
The applicant, Steve Fangman, is requesting renewal of a conditional use permit for
5.47 acres of land, located at 4860 American Legion Road SE. In 2006, the
applicant was granted a 10 -year conditional use permit to locate a home-based
business on the property, which is set to expire on March 14, 2016. The business is
a roofing and snow removal business that includes a warehouse of roofing materials,
storage of snow removal equipment, and a business office. The applicant is now
requesting a permit renewal to allow the continued operation of the business.
The Johnson County Zoning Ordinance permits cities to review conditional use
permits for applications within their extra -territorial jurisdiction. Conditional use
permits require a 4/5 -majority vote of the County Board of Adjustment to approve a
permit opposed by the City Council.
Zoning Requirements: The Johnson County Unified Development Ordinance
allows home businesses in the Agricultural (A), Agricultural Residential (AR), and all
Residential (R) zones, subject to a conditional use permit. The subject property is
zoned Agricultural with one dwelling structure and three out buildings. The permit
requires that any materials, supplies, or products be confined to the dwelling or
permitted accessory buildings or buildings located on the premises. Other than the
owner, the business does not have on site employees.
In general, the County grants conditional use permits as long as the proposed action
will not be detrimental to surrounding properties. The subject property is surrounded
by agricultural properties and some large -lot residential lots. It has been in operation
for the past ten years. County staff indicates that there have not been issues or
complaints regarding this home business in that time period. Based on this history in
staff's view, renewal of the conditional use permit should not be injurious to the use
of adjoining property.
Fringe Area Policy Agreement: The Fringe Area Policy Agreement is designed to
guide land use development in ways that are beneficial to both the City and County.
The subject property is located within the two-mile fringe area immediately adjacent
to the Iowa City growth area and is subject to Fringe Area B guidelines for property
located outside the growth boundary.
February 10, 2016
Page 2
Although this property is located directly east of the growth boundary, it is not
anticipated that the city will grow to include the property within the next several
years. This home business is more intense than what would be allowed as a home
occupation by the City's zoning code, so the previous condition use permit was
granted for 10 years to allow the City and County to assess its impact on the
surrounding area and its potential impact on the growth of the city. To assure that
the City has an opportunity to assess the compatibility of this use if the area is ever
annexed: staff recommends that the condition use permit by granted for 10 years.
STAFF RECOMMENDATION: Staff recommends that Council forward a letter to the
Johnson County Board of Adjustment recommending that the application by Steve
Fangman, for a condition use permit to allow a roofing and snow removal business
located at 4860 American Legion Road SE, be approved subject to the term of
expiration in ten years and that all materials and equipment associated with the
business be stored in the accessory structures identified on the site plan.
ATTACHMENTS:
1. Location Map
2. Site Plan
Approved by:
114
John Yapp, Development Services Coordinator
Department of Neighborhood and Development Services
cq a i— CO
CUP16-00001 JrM os in ,e rm�w
4860 American Legion Road SE
February 10, 2016
Page 4
MINUTES PRELIMINARY
PLANNING AND ZONING COMMISSION
FEBRUARY 18, 2016 — 7:00 PM — FORMAL
EMMA HARVAT HALL — CITY HALL
MEMBERS PRESENT: Carolyn Dyer, Charlie Eastham, Ann Freerks, Mike Hensch,
Phoebe Martin, Max Parsons, Jodie Theobald
MEMBERS ABSENT:
STAFF PRESENT: Sara Hektoen, Bob Miklo
OTHERS PRESENT:
RECOMMENDATIONS TO CITY COUNCIL:
By a vote of 7-0 the Commission recommends that Council forward a letter to the Johnson
County Board of Adjustment recommending that the application by Steve Fangman, for a
conditional use permit to allow a roofing and snow removal business located at 4860 American
Legion Road SE, be approved subject to the term of expiration in ten years and that all
materials and equipment associated with the business be stored in the accessory structures
identified on the siteplan.
Freerks called the meeting to order at 7:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There were none
CONDITIONAL USE ITEM (CU16-00001):
Discussion of an application submitted by Steve Fangman for a conditional use permit for a
home business (roofing and snow removal) for property located at 4860 American Legion Road
SE in Area B of the Iowa City/Johnson County Fringe Area.
Miklo began the staff report sharing that this property is in the county but it is in the fringe area
and just east of the Iowa City growth area. Miklo showed a map of the area. The County
requires a conditional use permit for home based businesses, in this case it is a roofing and
snow removal business that has been in operation for 10 years when they first received a
conditional use permit. At the time of the first conditional use permit issuance, the City
recommended there be a 10 year time limit on that permit in the event that the City were to grow
out into that direction. That permit is expiring in March and the applicant is requesting a
renewal. The subject property is zoned Agricultural with one dwelling structure and three out
buildings. Miklo stated that the City has not grown out into that direction and Staff does not
believe it will within the next 7-10 years. Therefore Staff is recommending approval of this home
based for a period of 10 years. At that time it could be renewed or if the city grows out and it is
a concern it could not be renewed.
Planning and Zoning Commission
February 18, 2016 — Formal Meeting
Page 2 of 4
Staff recommends that Council forward a letter to the Johnson County Board of Adjustment
recommending that the application by Steve Fangman, for a conditional use permit to allow a
roofing and snow removal business located at 4860 American Legion Road SE, be approved
subject to the term of expiration in ten years and that all materials and equipment associated
with the business be stored in the accessory structures identified on the siteplan.
Martin asked what would happened if the Commission did not approve this application, would
the applicant still be able to receive the conditional permit. Miklo explained that is the City does
not approve it, the County ordinance states that they must get a super majority from their Board
of Adjustment.
Eastham asked if in the future there is residential development, and with the new Hoover school
site just to the west of this area, or if the property is annexed into Iowa City, is there a zoning
designation for that business that would allow the owner to continue. Miklo replied that if this
property were annexed into the City this level of business would require Intensive Commercial
(CI -1) zoning. He is unsure, but suspects this would not be an area where the City would want
Intensive Commercial zoning. That would be decided at the time of annexation.
Freerks noted that she is familiar with the property and it is well maintained and does not look
like a commercial business property.
Freerks opened the public hearing.
Seeing no one, Freerks closed the public hearing.
Eastham moved that the Commission recommends that Council forward a letter to the
Johnson County Board of Adjustment recommending that the application by Steve
Fangman, for a conditional use permit to allow a roofing and snow removal business
located at 4860 American Legion Road SE, be approved subject to the term of expiration
in ten years and that all materials and equipment associated with the business be stored
in the accessory structures identified on the siteplan.
Martin seconded the motion.
Parsons asked where the new school would go and what the proposed construction time for that
new school would be. Miklo indicated the location on the map and believes the construction of
the new school will start in the next year or so.
A vote was taken and the motion carried 7-0.
CONSIDERATION OF MEETING MINUTES: JANUARY 21, 2016
Hensch moved to approve the meeting minutes of January 21, 2016.
Theobald seconded the motion.
A vote was taken and the motion passed 7-0.
To: Ron Knoche, Public Works Director; Jason Havel, City Engineer; Marian Karr, City Clerk
Cc: Scott Sovers, Senior Civil Engineer; City Council members
Subject: Streets Concerns
It's our understanding Iowa City is seriously considering a "road diet" project that would alter
sections of First Avenue and Mormon Trek from four to three lanes, in order to provide a center
turning lane and bicycle lanes on each side.
We have serious concerns that such a plan might become reality.
We're aware that our local government has the responsibility of enabling Iowa City's streets to
move a variety of vehicles as smoothly and as safely as possible.
Unfortunately, our streets service vehicles ranging from large trucks, buses, and cars to
motorcycles and bicycles. That combination is not even reasonably compatible. But it's a
reality with which we must deal.
Clearly, riding bicycles for recreation and/or transportation is healthy both for individuals riding
them and for our environment. Thus, we believe it's important for our city to promote bicycle
riding and the safety of those riding them.
Our understanding is a "road diet" that reduces four lanes to three is at least intended to serve
those purposes of moving traffic more effectively and safely.
We're concerned, because it appears to defy both math and common sense to believe reducing
the number of lanes on some of our more heavily traveled streets increases either traffic mobility
or safety. And data from a recent "road diet" traffic study by the Federal Highway
Administration (FHA) appears to support our concerns.
Further, while safety for bicycle riders is a vitally important concern, it must be taking into
consideration that bicycle riders represent about one percent or less of the traffic on our streets.
Our bottom line is we'd like the City Council to be more involved in the "road diet"
considerations, and slow down progress to provide for further relevant study and to give citizens
a chance to be heard on this issue.
Following is based on data resulting from the FHA summary report of its Evaluation of Land
Reduction "Road Diet" Measures and their Effects on Crashes and Injuries. The entire report
can be found at: http://safety.fhwa.dot.gov/road—diets/info_guide/rdig.pdf (you may need to
copy and paste this into your browser).
Summary of Study Findings
1) Crash frequencies at road diets were approximately 6 percent lower.
2) Road diet conversions did not affect crash severity.
3) Road diet conversions did not result in a significant change in crash types. -"-1--11---1
cres
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Conclusions and Recommendations
This study found that a significantly lower (approximately 6 percent) proportion of crashes
occurred at road diets. However, no significant change was found in crash rate decrease between
comparison road sites. Thus, one may expect that converting a roadway segment from four -lane
undivided to three lanes likely would reduce total crashes by 6 percent or less. Road diets were
no better or worse than comparison road sites with regard to crash severity.
Additional research is needed to determine whether the crash reductions observed on road diets
can be attributed to lower speeds, fewer conflicts, or possibly other factors. There is a need for
future safety and operational studies, under a range of traffic volumes and other conditions, to
help identify the situations where road diets would be appropriate. In addition, traffic operations
and capacity must be considered fully at a given site before implementing road diets and other
lane reduction measures.
Thanks!
aux
(83 Durango Place)
(1108 Dover Street)
(403 Elmira Street)
(4016 El Paso Drive)
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From: Jason Havel
Sent: Wednesday, February 24, 2016 6:09 PM
To: 'Darrell Hansen'
Cc: Ron Knoche; Scott Sovers; Marian Karr; Council; Bob Elliott (elliottb53@aol.com); Bob Roelf
(broelf@yahoo.com)
Subject: RE: "Road Diet" --- Street Concerns
Mr. Hansen,
Thank you for your recent memo regarding the proposed four -lane to three -lane conversions, or road diets, on First
Avenue and Mormon Trek Boulevard. As we've discussed in the past, these projects primarily focus on increased safety
within the corridors, with the addition of bike lanes being a resulting benefit. However, implementation of the
conversions is not something that has been approached without consideration of the consequences. City staff has
conducted a preliminary analysis of both corridors, and provided initial analysis results to accompany the successful
requests for Traffic Safety Improvement Program (TSIP) grants awarded by the Iowa DOT in 2015. Following the
approval of TSIP funding, the City hired a consultant to further analyze the corridors and the proposed conversion
projects. At this point, we are waiting for the Consultant to finish the traffic analyses and finalize their findings and
recommendations, which we anticipate will be complete around the end of the February.
Subsequent the completion of the analysis phase, we are planning to work with the Consultant on public outreach to
present the findings of the analyses and discuss recommendations. We are anticipating the public outreach will begin
sometime in March. We have forwarded your concerns to the Consultant for consideration as they continue with their
work. In addition, we will also be sure to make you aware of public outreach opportunities as the dates are set. I have
copied the other authors from the memo for which I have e-mail addresses, but feel free to forward to others as
necessary. Please contact me if you should have any additional questions or concerns. Thanks.
Jason
From: Darrell Hansen [mailto:dohjkh@yahoo.com]
Sent: Monday, February 15, 2016 10:11 AM
To: Ron Knoche; Scott Sovers; marian.karr@iowa-city.org; Jason Havel
Subject: "Road Diet" --- Street Concerns
Attached is a memo from Darrell Hansen, Bob Elliott, Bob Roelf, and Jim Neades with our concerns about
"road diet" project that would alter sections of First Avenue and Mormon Trek from four lanes to three lanes, in
order to provide a center turning lane and bicycle lanes on each side.
Darrell Hansen
Marian Karr 4f(2)
From:
Chris O'Brien
Sent:
Wednesday, February 24, 2016 4:44 PM
To:
'bjorn-swenson@uiowa.edu'
Cc:
Council
Subject:
Iowa City Transit Routes
Mr. Swenson,
I wanted to follow up after our phone conversation to thank you for taking the time to communicate with us
about the concerns that you had related to your experience and to discuss them with me further when I called
you. As I mentioned in our discussion, many of the topics that you brought up related to studying our route
structure is currently underway. We will be taking a comprehensive approach as we evaluate the system to
include days and hours of operation, stops, headways, route pairings, coordination with other transit
providers, etc. This will be taken to council to discuss concepts which will then be taken through a public
input process in order to gather as much information as possible before moving forward on developing a route
structure.
In addressing your concerns that you expressed about your experience on Saturday, I hope that I was able to
address them through our discussion. As I noted we have the ability to go back and observe vehicle speed
through our AVL system and have reviewed the trips that you referenced. While the speeds that we observed
were lower than what you observed with the phone application you utilized, our Training and Safety
Supervisor will address any issues that warrant additional attention.
Thank you again for taking the time to reach out to us with your concerns. Please feel free to reach out to me
directly if you have any additional questions or wish to discuss further.
Regards,
Chris O'Brien
Director of Transportation and Resource Management
City of Iowa City
(319)356-5156
Chris-obrien@iowa-city.org
From: Swenson, Bjorn [mailto:bjorn-swenson@uiowa.edu]
Sent: Tuesday, February 23, 2016 9:57 AM
To: Council
Subject: Iowa City Transit (Impossible routes)
Dear Council:
Last Saturday I was taking the bus home from Walmart, and happened to notice on my mobile phone GPS app
that the operator was going 35 MPH down Madison, a 25 MPH zone, and nearly 40 MPH (!) down Summit, a
narrow residential street that could not be posted at more than 20 or 25 MPH. While I have called ICT to file a
complaint against the driver, as nonetheless his driving behavior was unacceptable, I have noticed a systemic
problem with ICT; their routes are near impossible to operate safely and on time.
In multiple locations, ICT operates down extremely narrow residential streets with many hazards; kids running
into the street, parked cars, etc. Not only are narrow residential streets less safe to operate buses on, they are
also slower, causing transit trips to take even longer and thus pushing your customers away from your service.
In nearly every city, the buses run down the main arterials and passengers are expected to walk a reasonable
distance - 1/4 mile or so - to access the service. In Iowa City, to name a few examples, the Plaen View route
detours off of Mormon Trek three different times to service neighborhoods that are all within walking distance
of Mormon Trek, the Night/Sat Towncrest detours off of Muscatine to wind its way down Summit and
Sheridan, the Westside Hospital route detours off of Rohret behind West High School; in all of these examples
any residence that would be served by the detour is within 1/4 mile, give or take a few hundred feet, of the main
arterial.
Of course, when proposals are made to keep buses on the main arterials, very small numbers of very loud
residents come out to complain to councils, and councils are quick to back down. Iowa City Council must keep
in mind here that for everyone that shows up at a council meeting to insist on a stop being right in front of their
house, there are numerous people on the bus who are delayed and made unsafe by detours to service very small
numbers of customers.
I call on Iowa City Council and ICT management to simplify the bus routes, in order to provide more running
time. Additionally, where the schedules are impossible for drivers to maintain safely with routine passenger
loads, I call on Iowa City Council to provide the needed funding to allow ICT to provide the route with more
running time. Irresponsible driving behavior is of course the fault of the specific driver, but when that behavior
is encouraged by impossible schedules it is imperative that management and council address workplace safety
hazards.
(Full disclosure: I work in the transit industry as a Bus Operator at Cambus, but I am speaking solely on my
own behalf as an occasional Iowa City Transit customer)
Bjorn Swenson
bi om-swenson(d)uiowa. edu
970-692-3363
l
THE
UNIVERSITY
OF IOWA
February 23, 2016
City Council of Iowa City
410 E. Washington Street
Iowa City, IA 52240
2016 FEB 24 AN 11 : 18
03-01-16
4f(3)
COLLEGE OF LAW
CLINICAL LAW PROGRAMS
Re: Iowa City Resolution to Establish Freedom From Domestic Violence as a Fundamental
Human Right
Dear City Council of Iowa City:
We at the University of Iowa College of Law Legal Clinic (the "Legal Clinic") along with our client,
the Domestic Violence Intervention Program ("DVIP"), have been working together to create the
attached Iowa City Resolution to Establish Freedom From Domestic Violence as a Fundamental
Human Right ("Resolution"). We now ask the City Council of Iowa City to review the proposed
Resolution, and place it on the March 23`d agenda with the intention of voting on it on that day.
Across the nation, other municipalities have passed similar resolutions. For example, cities such as
Chicago, IL, Albany, NY, and Austin, TX have adopted resolutions recognizing freedom from
domestic violence as a human right. It is time for Iowa City to join as a leader in this movement. We
hope that this Resolution will raise awareness of domestic violence in the Iowa City community and
inspire other communities to adopt similar measures.
Members from the Legal Clinic and DVIP would like to attend the City Council's meeting on March
23, 2016 to briefly present this Resolution and respond to any questions or comments that the Council
may have. The Johnson County Coalition Against Domestic Violence, the Johnson County Local
Homeless Coordinating Board, the Consultation of Religious Communities, the University of Iowa
Center for Human Rights, and the Iowa City Human Rights Commission have voiced their support and
are co -sponsoring this Resolution. We very much hope the Council will choose to adopt this
Resolution. If you need additional information, we would be more than happy to provide it. Thank you
for your consideration.
Sincerely, C
C
Persephone A. Eglaine
Clinic Law Student
0
Lois K. Cox
Clinical Professor of Law
380 Boyd Law Building
Iowa City, Iowa 52242-1113
319-335-9023 Fax 319-353-5445
law-legal-clinic@uiowa.edu
2016 FEB 24 A N11 H: 1
Nat hWJ. e C( T! C s r
Director, International Legal Clinic j''�°:,`
Arielle M. Lipman
Clinic Law Student
CC:
Domestic Violence Intervention Program
Attn: Bronis L. Perteit, Director of Client Advocacy Services
1 105 S. Gilbert Court
Iowa City, IA 52240
Iowa City Human Rights Commission
Attn: Stefanie Bowers, Human Rights Coordinator
410 E. Washington Street
Iowa City, IA 52240
UI Center for Human Rights
Attn: Adrien Wing, Director of the UI Center for Human Rights
1120 University Capitol Centre
The University of Iowa
Iowa City, Iowa, USA 52242
The Consultation of Religious Communities
Attn: Charles Eastham, President
P.O. Box 2025
Iowa City, IA 52244
Johnson County Local Homeless Coordinating Board
Attn: Crissy Canganelli
322 E. 2nd St.
Iowa City, IA 52240
Johnson County Coalition Against Domestic Violence
Attn: Scott Stevens
410 E Washington St.
Iowa City, IA 52240
-1.
Prepared by: University of Iowa Law Clinical Law Program on behalf of Domestic Violence Intervention I ra
1105 S Gilbert Ct #300, Iowa City, IA 52240
RESOLUTION NO. 2016 FEB 2 4 AV. I I: 18
IOWA CITY RESOLUTION TO ESTABLISH FREEDOM FROM DO ��,
VIOLENCE AS A FUNDAMENTAL HUMAN RIGHT''
WHO/HOW DOMESTIC VIOLENCE AFFECTS
WHEREAS, domestic violence is a human rights concern that affects individuals of every gender,
race, age, nationality, religion, sexual orientation, and economic status; and
WHEREAS, domestic violence includes various forms of abuse not always apparent to members
of the community, nor do victims or perpetrators of domestic violence fit into any particular
category or stereotype associated with the issue; and
WHEREAS, domestic violence can take many forms, including physical, sexual, psychological or
economic abuse, intimidation, isolation, and coercive control by intimate partners or family
members; and
WHEREAS, 30% to 60% of perpetrators of intimate partner violence also abuse children in the
household; and
WHEREAS, traumatized children are often the silent victims in homes where domestic violence
occurs; this trauma has detrimental effects upon a child's cognitive, emotional, and psychological
development, significantly increasing an exposed child's risk of developing behavioral problems
during childhood as well as the potential for becoming an abuser or engaging in criminal violence
as an adult; and
WHEREAS, children are always negatively impacted by violence in the home, whether they are
physically or verbally abused themselves or witness the violence; and
STATISTICS
WHEREAS, relationship violence is chronically underreported, and statistics from the National
Coalition Against Domestic Violence show that only 1 out of 3 cases is ever reported; and
WHEREAS, in the current year, Iowa City Police Department (ICPD) responded to 436 calls for
service related to domestic assault, stalking and relationship -oriented harassment by October; this
figure represents an increase from 405 calls by October in 2014; and
WHEREAS, in the current year, ICPD reports 288 arrests related to domestic assault and
(relationship -related) harassment by October; this figure represents an increase from 170 arrests
by October in 2014; and
WHEREAS, the ICPD reported 1,833 domestic violence related incidents etw �911--and 2014;
and
k"l
WHEREAS, the Domestic Violence Intervention Program (DVIP) i� e�`76$ adult victims of
domestic violence in 2014; DVIP helped 363 children in 2014; and °! '
fp y9
WHEREAS, domestic violence victims made 12,595 calls for assistance to the DVIP crisis hotline
or other resources in 2014; and
WHEREAS, 301 victims of domestic violence needed overnight protection at the DVIP battered
women's shelter in 2014. The average length of stay was 29 nights, totaling 8,729 nights of shelter
provided in 2014; and
WHEREAS, law enforcement agencies in Iowa City reported 579 victims of domestic violence in
2014; and
WHEREAS, 208 women and men in the state of Iowa died as a result of intimate partner homicide
between 1995 and 2014; and
WHEREAS, the Iowa Department of Justice reports that domestic abuse has led to murder by
methods that include stabbing, strangling, shooting, beating, drug overdosing, deliberate car
crashes, and burning to death in the home; and
WHEREAS, the Iowa Department of Justice reported that, of the 174 women killed between 1995
and 2014 in domestic abuse murder, 67 women were known to have left or been leaving their
partners at the time of their death; and
WHEREAS, the Iowa Department of Justice reported that 282 daughters and sons survived these
murdered women. 167 of the surviving children were minors at the time of their mothers' deaths
and 62 of the surviving children witnessed the domestic abuse murders; and
WHEREAS, the Iowa Crime Victim Assistance Division reported that 622 people filed for
Protective Orders for Domestic Abuse in 2014; and
WHEREAS, the Iowa Crime Victim Assistance Division reported that domestic abuse programs
across the state served 23,301 domestic violence victims in 2014; and
WHEREAS, the Iowa Crime Victim Assistance Division reported that $555,923 of compensation
payments were made due to domestic abuse in 2014; and
WHEREAS, Iowa domestic abuse programs statewide offered 2,729 people 74,242 nights of
shelter in 2014; and
WHEREAS, there are more than 20,000 phone calls per day placed to domestic violence hotlines
nationwide; and
WHEREAS, intimate partner violence accounts for 15% of all violent crime in the United States;
and
WHEREAS, the Centers for Disease Control and Prevention report that more than one in three
women and more than one in four men in the United States will experience rape, physical violence,
and/or stalking by intimate partners during their lifetimes; and
WHEREAS, 24 people per minute are victims of rape, physical violence, or stalking by an intimate
partner in the United States; and
WHEREAS, every 9 to 15 seconds a woman is battered in the United States, and every 2.5 minutes
someone is sexually assaulted in the United States; and
WHEREAS, domestic violence problems disproportionately impact women and children of color,
women and children with disabilities, women and children with low incomes, and immigrant
women and children; and
WHEREAS, 44% of African American women, 37% of Hispanic women, and 35% of white
women have experienced rape, physical violence, and/or stalking by an intimate partner; and 39%
of African American men, 27% of Hispanic men, and 28% of white men have experienced rape,
physical violence, and/or stalking by an intimate partner, according to the Centers for Disease
Control; and
WHEREAS, almost half of the teenagers in the United States report having a controlling partner
and 80% report knowing someone who has been controlled by a partner; and
WHEREAS, 11 % of high school students and 6% of middle school students throughout the United
States report being physically abused by a date sometime in their lifetimes; and
SURVIVORS
WHEREAS, survivors of domestic violence have the fundamental right to be free from torture and
cruel, inhuman, or degrading treatment; and
WHEREAS, survivors of domestic violence face many challenges, some of which directly or
indirectly relate to the availability of services provided by the City of Iowa City; and
WHEREAS, survivors of domestic violence endure physical injuries, long-term psychological and
emotional damage, financial and career instability, insecure or inadequate safe housing, and social
stigma; and
CYN
rn
FINANCIAL
WHEREAS, the Center for Disease Control estimates that the cost of intimate partner violence in
the United States exceeds $10 billion per year, including medical care services and productivity
losses; and
WHEREAS, law enforcement agencies, courts, cities, social service agencies, and other local
government entities incur significant monetary costs due to domestic violence; and
LOCAL
WHEREAS, law enforcement departments, courts, cities, counties, towns villages, social service
agencies, and other local government entities constitute the first line of defense against domestic
violence; and
WHEREAS, by recognizing that freedom from domestic violence is a human right, the City of
Iowa City seeks to raise awareness of domestic violence and enhance domestic violence response
and education in communities, the public and private sectors, and within government agencies;
and
WHEREAS, there is one domestic violence shelter in Iowa City, 30 local domestic violence crisis
hotlines throughout Iowa, and one statewide domestic violence hotline; and
UNITED STATES
WHEREAS, millions of domestic violence incidents occur in the United States every year•, and
WHEREAS, political leaders of the United States recognize that domestic violence is a human
rights concern; and
WHEREAS, in 1988 the federal Office of Victims of Crime was established, and in 1995 the
federal Office of Violence Against Women was established, and these federal initiatives led to
state initiatives that govern the local protocols in place today; and
WHEREAS, the Violence Against Women Act applies to all victims of domestic violence,
irrespective of their gender; and
WHEREAS, in 2013 President Barack Obama reauthorized and extended the Violence Against
Women Act to advance the cause of security, justice, and dignity for mothers and daughters in the
United States; and
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INTERNATIONAL
WHEREAS, domestic violence is a global problem and the United Nations and other international
organizations have recognized that freedom from domestic violence is a human right and that
governments have a responsibility to prevent and respond to such violence; and
WHEREAS, domestic violence is a violation of the human rights guaranteed by international law,
including: the (1) International Covenant on Civil and Political Rights; and (2) the Convention
Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which the
United States has ratified through coordination and consent between the Executive Branch and the
Senate; and
WHEREAS, the United Nations Special Rapporteur on Violence Against Women has stated that
"violence against women is the most pervasive human rights violation" and that responses to
violence should recognize human rights as a premise; and
WHEREAS, the United Nations Declaration on the Elimination of Violence Against Women
recognizes the urgent need for the universal application to women of the rights and principles with
regard to equality, security, liberty, integrity, and dignity of all human beings; and
WHEREAS, the United Nations Special Rapporteur on Violence Against Women has stated that
the United States' "lack of substantive protective legislation at federal and state levels, and the
inadequate implementation of some laws, policies and programs has resulted in the continued
prevalence of violence against women and the discriminatory treatment of victims, with a
particularly detrimental impact on poor, minority and immigrant women;" and
WHEREAS, the United Nations Special Rapporteur on Violence Against Women identified
several deficiencies in the regulation of domestic violence in the United States, including the need
to explore more uniform remedies for victims of domestic violence; the need to re-evaluate
existing mechanisms for protecting victims and punishing offenders at federal, state, and local
levels, given that calls for help often do not result in either arrests or successful prosecutions; and
the need for additional public education campaigns that condemn all forms of violence; and
WHEREAS, the Inter -American Commission on Human Rights found in Jessica Lenahan
(Gonzalez) v. United States that the United States' failure to protect women from gender-based
violence constitutes discrimination and a human rights violation and urged the United States to
enact law and policy reforms at all levels to protect survivors of domestic violence and their
children; and
IOWA SUPREME COURT AND IOWA LEGISLATURE
WHEREAS, the Iowa Supreme Court has acknowledged that domestic violence rarely involves a
single isolated incident. Rather, domestic violence is a pattern of behavior, with each episode
connected to the others; and
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WHEREAS, the Iowa Supreme Court has recognized a compelling interest in preventing domestic
violence and protecting the psychological and emotional needs of victims; and
WHEREAS, the Iowa Legislature has acknowledged a compelling interest in preventing domestic
violence by enacting and continually amending Iowa Civil Code 236 and Iowa Criminal Codes
708.2A and 664A.
PURPOSE
WHEREAS, promoting the recognition of domestic violence as an issue of human rights will raise
public awareness, encourage family -violence education in communities, and enhance public
welfare; and
FINAL RESOLUTION
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, this
Council joins world leaders and leaders in the United States in recognizing domestic violence as a
human rights concern and declares that the freedom from domestic violence is a fundamental
human right; and
BE IT FURTHER RESOLVED, that the Council recognizes that Iowa City departments and
agencies already have protocols in place that acknowledge and address the multiple problems that
arise from domestic violence; and
BE IT FURTHER RESOLVED, that the Council strongly supports the continuation and expansion
of their efforts to eradicate domestic violence in our community and uses those efforts to continue
to be informed by domestic violence survivors' voices and needs; and
BE IT FURTHER RESOLVED, that this resolution shall serve to assure the citizens of Iowa City
that all government bodies bear a moral responsibility to secure this human right on behalf of their
residents; and
BE IT FINALLY RESOLVED, this resolution shall serve as a charge to all local government
agencies to incorporate these principles into their policies and practices.
Passed and approved this day of , 20_
MAYOR
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MAYOR
ATTEST
CITY CLERK
Approved by
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�`� CITY OF IOWA CITY 4f(4)
IT
-Mkk won, MEMORANDUM
Date: February 19th, 2016
To: City Clerk (�
From: Darian Nagle-Gamm; Sr. Transportation Engineering Plannei�� &-x
Re: Item for March 1St, 2016, City Council meeting: Installation of NO PARKING ANY TIME
signs on the east side of Whispering Prairie Avenue between Lakeside Drive and
Whispering Meadow Drive.
As directed by Title 9, Chapter 1, Section 3B of the City Code, this is to advise the City Council
of the following action:
Action:
Pursuant to Section 9-1-3A (10); Install NO PARKING ANY TIME signs on the east side of
Whispering Prairie Avenue between Lakeside Drive and Whispering Meadow Drive.
Comment:
The City received a petition to limit parking to one side of Whispering Prairie Avenue. A formal
survey of Whispering Prairie households indicates that a majority of respondents (67%) wish to
prohibit parking on the east side of the road. The survey response rate was 20%.
S:\JCCOG\DNG\DNagleGamm\Council Actions & TE Work Orders
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63-01 �-1 6
CITY OF IOWA CITY 4f(5)
MEMORANDUM -
Date: February 19th, 2016
To: City Clerk
From: Darian Nagle-Gamm; Sr. Transportation Engineering Planner
Re: Item for March 1St, 2016, City Council meeting: Removal of parking meters W420E,
W430E, W432E, W434E, W436E, and W438E on the 400 block of East Washington
Street and installation of signage indicating CITY HALL USE ONLY 30 MINUTE LIMIT
for the non -disabled spaces and CITY HALL USE ONLY 1 HOUR LIMIT for the disabled
space; Conversion of seven ONE HOUR PARKING spaces located on the east side of
City Hall to RESERVED FOR CITY VEHICLES ONLY; Installation of a new disabled
parking space near the accessible City Hall entrance on the northeast corner of the
building; Removal of two disabled spaces located on the northwest corner of the City
Hall parking lot next to the Unitarian Church.
As directed by Title 9, Chapter 1, Section 3B of the City Code, this is to advise the City Council
of the following action:
Action:
Pursuant to Section 9-1-3A (10,17); Remove parking meters W420E, W430E, W432E, W434E,
W436E, and W438E on the 400 block of East Washington Street and install signage indicating
CITY HALL USE ONLY 30 MINUTE LIMIT for the non -disabled spaces and CITY HALL USE
ONLY 1 HOUR LIMIT for the disabled space; Convert seven ONE HOUR PARKING spaces
located on the east side of City Hall to RESERVED FOR CITY VEHICLES ONLY; Install a new
disabled parking space near the accessible City Hall entrance on the northeast corner of the
building; Remove two disabled spaces located on the northwest corner of the City Hall parking
lot next to the Unitarian Church.
Comment:
These actions were requested by the Transportation and Resource Management department to
improve public access to City Hall as the east non -accessible entrance has been recently
designated as staff -only. This action increases the amount of short-term free parking that is
available for City Hall patrons on East Washington Street. City Hall patrons are encouraged to
use either the front door or the accessible door on the northeast side of the building. The
disabled parking spaces located adjacent to the Unitarian Church have been decommissioned
as they are no longer used. A new disabled space was created near the accessible ramp to
improve public access.
cc: Mark Rummel
Chris O'Brien
S:\JCCOG\DNG\DNagleGamm\Council Actions & TE Work Orders
ITEM 5 COMMUNITY COMMENT
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