The URL can be used to link to this page

Home My WebLink About2017-02-07 CorrespondenceJulie From: Robinson, James F <james-robinson@uiowa.edu> Sent: Friday, January 13, 2017 9:00 AM To: Council Subject: Municipal broadband If you're intending to implement the sort of truly high-speed, rock -stable municipal broadband that I've read about elsewhere, sign me up. I currently pay CenturyLink far too much for not nearly enough. Mesh WiFi downtown would be really nice, too. James Robinson, Application Developer State Health Registry of Iowa 2600 UCC ( lames-robinson@uiowa.edu 1 (319) 335-6619 Julie Voparil From: Cara Hamann <carahamann@gmail.com> Sent: Friday, January 13, 2017 9:53 AM To: Council Subject: Support for Municipal Broadband Dear City Councillors, I am writing to express my support for the the initiative to conduct a Municipal Broadband Feasibility Study for Iowa City. I believe broadband should be widely available, affordable, and accessible for all of our residents -- a basic necessity in our modern world. This is truly a social equity issue. Regards, Cara Hamann 1112 2nd Ave. Iowa City, IA 52240 Julie Voparil From: letsknf@netscape.net Sent: Friday, January 13, 2017 6:00 PM To: Council Subject: True Choice in Broadband Service! Dear City Council members, As a resident of Iowa City, I support your initiative to evaluate municipal broadband service for our community! True choice in broadband service! Sincerely, Lindsay Alan Park 401 Douglass St, Iowa City, IA 52246 4-r(1) Julie Voparil c i r n From: Laura Bergus <laura.bergus@gmail.com> FEB 0 7 1016 Sent: Tuesday, February 07, 2017 9:38 AM �V y o q . r To: Council City Clerk Cc: Geoff Fruin; Ty Coleman Iowa City, Iowa Subject: Municipal broadband survey - please consult your volunteer commission Mr. Mayor and Members of the City Council, I am a lifelong Iowa City resident and have served on the Iowa City Telecommunications Commission since 2009. Prior to my service for Iowa City, I worked for the City of North Liberty as the telecommunications director (1998- 2008), which included working with broadband providers and administering municipal contracts for telecommunications services. I noticed in the late additions to tonight's meeting agenda packet that Councilor Cole is requesting funding for a municipal broadband survey. I am writing to highlight for the City Council that there is an active and experienced volunteer commission, appointed by you, ready to provide guidance for issues like this one. The Telecommunications Commission and City staff have considered municipal broadband in the past, and recently conducted a comprehensive survey of residential broadband availability in Iowa City. I note that the materials provided to Council did not provide context specific to Iowa City on this topic, which the Telecommunications Commission could provide. If the City Council wishes to revisit the issue of municipal broadband, I hope that you will engage the volunteer expertise available to you in the Telecommunications Commission to provide relevant information and recommendations for action. Sincerely, Laura Bergus 2231 California Ave. Iowa City, IA 52240 L -4 (1) Julie Voparil From: Derek Johnk <derek.johnk@gmail.com> J Sent: Tuesday, February 07, 2017 9:47 AM To: Council FEB 0 7 2016 Cc: Ty Coleman; Laura Bergus; Paul Gowder; Nick Kilburg Subject: Iowa City Telecommunications Commission and Municipal BroadbandCi Clerk�l vh. Iowa City, Iowa Mr. Mayor and Members of the City Council, I have served on the Iowa City Telecommunications Commission since 2015, serving most recently as the Commission's Chair. In this work, we have focused largely on cable and intemet offerings in Iowa City. The Commission was made aware of Councilor Cole's request for funding for a study for Municipal Broadband in Iowa City last evening by one of our Commissioners reading the late additions to today's meeting agenda. We have a wealth of knowledge about residential and commercial broadband, and I believe the city would be remiss to not consult the Commission on efforts concerning Municipal Broadband. We are very much interested in helping and contributing in any way possible in these assessments and studies, as improving internet choice and access to the residents of the City of Iowa City is one of our highest objectives. Sincerely, Derek Johnk 1405 Keokuk Street Iowa City IA 52240 c. 319.573.6451 Julie From: Mary Lu Callahan <marylucall@gmail.com> Sent: Friday, January 13, 2017 9:53 AM To: Council Subject: Please Address This Nuisance Dear Iowa City City Council, I am writing to you regarding an issue that I believe constitutes an ongoing nuisance in our neighborhoods. That is the practice of the Iowa City Press Citizen to hire drivers to fling free copies of the newspaper onto the yards of people's houses unasked for. We live in the Northside neighborhood and several times this fall and winter the surrounding streets have been subject to what seems to amount to sanctioned littering. The papers, wrapped in bright plastic, are not even thrown into the actual yards of the houses, let alone near the front door, but in the public strip of ground between the sidewalk and the street itself. There they lie, often for weeks, particularly in front of any rental houses. I do not understand how the city allows this outdated practice and I am asking you to put an end to it. I am quite sure that anyone who wants to subscribe to the Press Citizen is well aware of how to do it. Stop the blight! Thank you, Mary Lu Callahan 824 N. Gilbert Street Iowa City 319-333-1556 Julie Voparil 4f(3) From: R.j. Johnson <rjcookie6l @icloud.com> Sent: Tuesday, January 17, 2017 7:27 AM To: Council Subject: Greetings,have complained about the piles of dog poo in the planters on the pedmall ,is there a reason the city can't be as proactive on banning dog poo as it is on cigerettes on dwtn,instead the planters have now been filled with gravel and looks even... Sent from my Wad 02-07-17 Julie Voparil 4f(4) From: Jennifer Borcherding <silverjennb@gmail.com> Sent: Tuesday, January 17, 2017 8:17 AM To: Council Subject: Immigration and Conversion Therapy Iowa City has a wonderful opportunity to model leadership based on reason and logic. Thank you for choosing to do so. I support you in NOT using local resources for Immigration Enforcement. Further I support your collaboration with the U of I School of Law to be used as a resource on this topic. Please see action below regarding Immigration. As immigration is a federal issue and all resources and personnel should come from the federal level. In addition I support Iowa City in banning conversion therapy practices at the local level. In addition to being a state practice Conversion Therapy is cruel and ineffective. Please see action below referencing Iowa City and Conversation Therapy. Thank you for showing true leadership. I am hopeful other municipalities will learn from your example. Good job Iowa City! Jennifer Borcherding SANCTUARY CITY [IP #4 of 12/29 packet] Mayor Throgmorton opened discussion and noted that a number of the emails and phone calls opposing Sanctuary Cities were not from Iowa City residents and that the item is on the agenda at the request of many residents. City Attorney Dilkes gave an overview of her memo contained in Info Packet. Discussion regarding immigration enforcement and lack of cit'; involvement for as the police department can remember Agreement that public resources are to be used for public safety, not for enforcement of federal immigration law.. Consensus of Council not to use "Sanctuary City" label. Action: The City Attorney's office will draft a policy for the January 17 Council meeting regarding not using local resources for immigration enforcement, and will reach out to the UI Law School to see if they will serve as a resource to the City on these issues in the future. CONVERSION THERAPY City Attorney Dilkes reported that the State occupies the field when it comes to Conversion therapy and imposing local law would be problematic. Action: The City Clerk's Office will prepare a proclamation regarding banning conversion therapy practices (if a draft is received from residents and is found to be acceptable by staff). Julie From: Doug Miller <dmillerl942@q.com> Sent: Tuesday, January 17, 2017 10:29 PM To: Julie Voparil Subject: Re: Read: Sanctuary City - Iowa City Iowa You should be ashamed by breaking laws already on the books. Thank God for Trump coming to our rescue. You will enforce the law or he will cut off your funding. Sent from my iPhone On Jan 17, 2017, at 12:03 PM, Julie Voparil <Julie-Voparil(cDiowa-citv.org> wrote: Your message To: Julie Voparil Subject: Sanctuary City - Iowa City Iowa Sent: Tuesday, January 17, 2017 12:03:22 PM (UTC -06:00) Central Time (US & Canada) was read on Tuesday, January 17, 2017 12:03:42 PM (VTC -06:00) Central Time (US & Canada). <mime -attachment> Julie Voparil From: Diane Thovson <diane.thovson@mchsi.com> Sent: Tuesday, January 17, 2017 6:33 PM To: Council Subject: your important vote tonight I just received word regarding a vote that will be taken at tonight's council meeting. I encourage you for The safety of the majority of the community, The respect for law enforcement and The laws that currently are in place regarding immigration to keep us safe To vote against the proposal to make Iowa City a sanctuary city. In the short term you "might" make some people happy, but in the long term your lack of respect for law enforcement and the law will have financial and safety concerns for the city and the surround areas. This isn't just about Iowa City residents wanting "to do what they want to do." Much to the surprise of many — the state of IA went from a Blue to a Red state. The Iowa City council needs to respect fellow citizens in the state of Iowa that would be impacted. My understanding of the responsibility of a city council is to adopt ordinances, resolutions, policies and regulations for the health, safety and welfare of the current inhabitants of the city. I don't think being a sanctuary city is in the best interests of the majority of the inhabitants of the city. What benefit is there to a city council telling law enforcement not to use their resources to enforce the current immigration laws, when you and others depend on the same law enforcement to be their if your property/person is being violated. I encourage you to vote "no" to any resolution that doesn't uphold current law Kind Regards, Diane Julie Voparil From: Kevin Kummer <kkummer50@gmail.com> Sent: Tuesday, January 17, 2017 5:19 PM To: Council Subject: Policing Resolution & tonight's IC City Council Meeting Attachments: To the members of the Iowa City City Council, 17 Jan 17.docx Hello, I apologize for the lateness of my input, but I had hoped to attend the meeting tonight. Please see the attachment on my support of the "Resolution Reaffirming the Public Safety Function of Local Law Enforcement". Thank you! Kevin Kummer To the members of the Iowa City City Council: 17 January 2017 I would have liked to be present tonight to speak to the resolution below, but I am recovering from a bout of flu. In a nutshell, I want to voice my support of the "Resolution Reaffirming the Public Safety Function of Local Law Enforcement". PUBLIC SAFETY FUNCTION OF LOCAL LAW ENFORCEMENT. RESOLUTION REAFFIRMING THE PUBLIC SAFETY FUNCTION OF LOCAL LAW ENFORCEMENT. Comment: The purpose of the Iowa City Police Department is to protect the safety of the public. The enforcement of immigration law is a responsibility of the federal government as demonstrated by the lack of local involvement in such efforts for as long as the City can remember. This resolution reaffirms that in the absence of a public safety need local resources are not devoted to the enforcement of federal immigration law. If anyone is interested in my reasons for this support, here are some: 1. The local police must not become agents of the federal government, both to be able to do their primary job of protecting public safety and to avoid being misused in ways counter to the values and commitments of our community. 2. The ways current immigration law has been acted on through ICE have been unjust and counter to the vision and values of compassion and inclusivity in the Iowa City community. ICE has not followed their own stated policy of not arbitrarily rounding up, imprisoning and deporting undocumented individuals. A personal friend and pastoral colleague whose positive impact on the Iowa City community was profound was taken in a sweep of perhaps 2,000 individuals, arrested, degraded verbally, imprisoned and deported. He was just one of many who have been so treated by ICE. 3. I believe that the presence of immigrants and refugees from Latin America and elsewhere, while creating challenges, is overall more beneficial than detrimental to the Iowa City, Iowa and national communities. 4. Arguments are made that these individuals are breaking the law and that the law must be enforced. Immigration is a much larger and more complex issue than such a perspective makes it out to be. There is a long history of US/North American economic exploitation of resources and political interference in political affairs in Latin America. Our nation has acted illegally on a moral and international scale, contributing to economic and political conditions that create refugees. We need to do the right thing and the right thing is not to ask our local police to implement an unjust national policy. Sincerely, Kevin Kummer (Campus Pastor, University of Iowa) Julie Voparil From: Linda Westphal <linda.westphal7l@aol.com> Sent: Tuesday, January 17, 2017 5:17 PM To: Council Cc: linda.westphal7l @aol.com Subject: No to Resolution to Refrain from Using Resources for Illegal Immigration Iowa City Council, As a surrounding resident I am opposed to your resolution to refrain from using law enforcement resources on illegal immigration. We are a country of laws and Iowa City needs to abide by them. Linda Westphal linda.westphal7l (c)aol.com Cell -319-330-5091 Julie Voparil From: jdsiebert <jdsiebert@mchsi.com> Sent: Tuesday, January 17, 2017 4:53 PM To: Council Subject: Vote NO Deciding that some laws will be obeyed while others won't is confusing and dangerous for city personnel and immigrants, too. As citizens we have a duty to obey all of the laws of the land. To do otherwise sets a dangerous precedent and risks making our city a laughingstock rather than a haven. I urge you to vote 'no' tonight. Dave Siebert 3003 Pinecrest Happy Connecting. Sent from my Sprint Samsung Galaxy S® 5 Sport Julie Voparil From: Duane Gates <duanegates@ymail.com> Sent: Tuesday, January 17, 2017 4:45 PM To: Council Subject: Tuesday vote regarding Iowa City Police Enforcement of Fed Immigration Laws Dear Council: I would expect the City Council to vote to give local law enforcement direction use any and all resources to uphold all federal rules and laws in regards to illegal immigrants. Parents of U of Iowa Graduate Student, Duane and Shelly Gates 319.938.2891 Julie Voparil From: Rebecca B. Entel <bonvivant1977@yahoo.com> Sent: Wednesday, January 18, 2017 7:21 PM To: Council Subject: Sanctuary City Dear City Council, I support our city becoming a sanctuary city. Thank you, Rebecca Entel 52240 Julie Voparil From: jstiegel@dishmail.net Sent: Wednesday, January 18, 2017 8:44 AM To: Council Subject: TR on immagrants Our First Progressive President. Theodore Roosevelt's ideas on Immigrants and being an AMERICAN in 1907. "In the first place, we should insist that if the immigrant who comes here in good faith becomes an American and assimilates himself to us, he shall be treated on an exact equality with everyone else, for it is an outrage to discriminate against any such man because of creed, or birthplace, or origin. But this is predicated upon the person's becoming in every facet an American, and nothing but an American... There can be no divided allegiance here. Any man who say s he is an American, but something else also, isn't an American at all. We have room for but one flag, the American flag... We have room for but one language here, and that is the English language... and we have room for but one sole loyalty and that is a loyalty to the American people." Theodore Roosevelt 1907 John Stiegelmeyer Vinton When tillage begins, other arts follow. A sad day when a pilot goes out to fly knowing it's his last flight A sad day also when a pilot goes out to fly not knowing it will be his last flight. Question of the day: How do you give the people political power without them abusing it? Answer: Split government and limit the powers the powers of each. Julie Voparil From: John Macatee <jrmacatee@gmail.com> Sent: Thursday, January 19, 2017 9:32 AM To: Council Subject: Thank you for helping protect undocumented immigrants City Council members Thank you for denying allocation of local resources to federal immigration enforcement that would punish any undocumented immigrants in our city. It is very unfortunate that President Trump wants to punish sanctuary cities, as described in this morning's Press Citizen page 5A article "Trump could punish 'sanctuary cities'. John Macatee 15 White Oak Place Iowa City 52245 Iowa City adopts limited role in immigration enforcement Andy Davis, aldavis@press-citizen.com Published 9:01 p.m. CT Jan. 17, 2017 httn://www.press-citizen.com/news/ Julie Voparil From: Gary Ellis <egarye@cs.com> Sent: Friday, January 20, 2017 12:46 PM To: Council Subject: New bill has mayors running SCARED - Allen B. West - AIIenBWest.com Attachments: WebPage.pdf YOU MIGHT WANT TO CHECK THIS OUT. http://www.allenbwest.com/matt-palumbo/new-bill-mayors-running-scared Gary Ellis egaae(a,cs.com New bill has mayors running SCARED - Allen B. West - AllenBWest.com Page 1 of 2 New bill has mayors running SCARED By Matt Palumbo 1:31pm January 20, 2011 Donald Trump is now the 45th President of the United States, and among those who will regret getting on his bad side are the mayors of our nation's sanctuary cities: New York City, Chicago, Seattle, Boston, San Francisco, Providence, Denver, and many others. Unfortunately for them, you can't pick and choose which Federal laws you're going to abide by. Donald Trump has repeatedly threatened to defund those cities at the Federal level, and now there's a bill in Congress to do just that. As Breitbart reported: A bill proposed by a U.S. representative from Pennsylvania will cut off all federal funding to state, county and local jurisdictions with sanctuary policies. "Not one cent, "Representative Lou Barletta (R -PA) told Breitbart Texas in an interview on Thursday morning. "These mayors, sheriffs, http://www.allenbwest.com/matt-palumbo/new-bill-mayors-running-scared 1/20/2017 New bill has mayors running SCARED - Allen B. West - AllenBWest.com Page 2 of 2 stop them is to hit them in their pocketbooks. " He said the leaders of these sanctuary jurisdictions are not just choosing to violate federal law, "they're bragging about it in press conferences. " Mayors across the country have been lining up in droves to declare themselves sanctuary cities, Breitbart Texas reported in November 2016. Chicago Mayor Rahm Emanuel said, "Chicago always will be a sanctuary city, " NPR reported. "To all those who are, after Tuesdays election, very nervous and filled with anxiety ... you are safe in Chicago, you are secure in Chicago and you are supported in Chicago. " His comments come in the face of the city's massive crime and murder rates. By the end of the year, Chicago would approach 800 murders by the end of 2016. Why these mayors would defend their sanctuary policies for any reason — other than to make a political statement — remains a mystery. What, exactly, do they gain from having a large illegal immigrant population? It'll be interesting to see what they'll do when faced with choosing between federal funding and policies that harm them. [Note: This post was written by Matt Palumbo. Follow him on Twitter @MattPalumbo121 http://www.allenbwest.com/matt-palumbo/new-bill-mayors-running-scared 1/20/2017 Julie Voparil From: lisa heineman@world.oberlin.edu <lisa.heineman@yahoo.com> Sent: Wednesday, January 25, 2017 10:36 PM To: Council Subject: Protection for undocumented neighbors Hello, friends at the City Council! I was happy to learn that the City Council intends to decline cooperation with any over -reaching federal efforts to harass undocumented members of our community who haven't committed any crime other than lacking papers. I hope the City Council will stand firm in light of any federal efforts to withdraw funding from "Sanctuary Cities" (regardless of whether they use that name). This is the time to show courage and do the right and moral thing. Thanks for listening, Lisa Heineman Julie Voparil From: Judy Stokesberry <stokes@midlands.net> Sent: Wednesday, January 25, 2017 8:40 PM To: Council Subject: immigration Congratulations on a compassionate decision not to enforce federal immigration law in Iowa City. Your decision makes me proud to be an Iowan. Julie Voparil From: Diane Platte <dplatte@gmail.com> Sent: Saturday, January 28, 2017 2:55 PM To: Council Subject: immigration Dear City Council Members, Last week, I read the Press -Citizen's article,"Will Trump's 'sanctuary city' order affect Iowa City?" I want to applaud you for your decision to commit no local resources toward enforcing federal immigration law. I hope Iowa City continues to remain a sanctuary city (in practice if not in name). I am grateful for you and all public servants who have the courage to act with principle and humanity. Stay strong; you have my support. Sincerely, Diane Platte *Diane Platte* 734.277.6990 "The opposite of love is not hate, it's indifference. The opposite of beauty is not ugliness, it's indifference. The opposite of faith is not heresy, it's indifference. And the opposite of life is not death, but indifference between life and death." —Elie Wiesel (1928-2016) Julie Voparil From: Julie Voparil Sent: Tuesday, January 31, 2017 2:17 PM To: 'Rick Exner' Cc: Council Subject: RE: seeking a contact re recent Council decision Attachments: Memo and resolution affirming.pdf Mr. Exner, Please find information you requested attached. Julie Voparil Deputy City Clerk City of Iowa City 410 E. Washington Street Iowa City, IA 52240 (319)356-5040 �a FM CITY OF IOWA CITY UNESCO CITY OF LITERATURE From: Rick Exner [mailto:rickexner2@gmail.comj Sent: Tuesday, January 31, 2017 10:42 AM To: Council Subject: seeking a contact re recent Council decision Hello, I am hoping someone close to the Council could give me more information regarding the recent Council statement regarding the protection of immigrants (Iowa City Council nixes 'Sanctuary' label but reaffirms hands-off policy on immigration enforcement). I am in communication with the Ames Council on Human Relations, which is considering presenting the Ames City Council with a similar proposal, and it would be very helpful to have the details on what was done in Iowa City and perhaps any Council discussion in the public record. That would include the full text of the measure approved and, ideally, contact information for someone willing to respond to additional questions. If not all of that is possible on short notice, I will be happy with whatever you can provide. I will very much appreciate your response. -Derrick Exner City of Iowa City MEMORANDUM Date: December 22, 2016 To: City Council From: Eleanor M. Dilkes, CityAttom Re: Sanctuary City discussion In your information packet of December 1, 2016 the Council received the Mayor's memo regarding the above and accompanying background material. At your meeting on December 6 you agreed to place the matter on your January 3, 2017 work session agenda and asked that staff pro -Ada you with any applicable policies or additional background information. 'Sanctuary city' legislabon/policies/practices vary around the country and a determination of what it means for any particular city requires a review of that city's particular legislation. Generally, however, it refers to various efforts by states and localities to limit their cooperation with federal immigration authorities by, for example, not inquiring about an Individual's immigration status or not allocating local resources to the enforcement of Immigration law. My earlier memo to the Council of February 24, 2011, which was included with the Mayor's memo In your December 1 information packet, provides background on the sanctuary city movement. The following additional Information is provided to inform your discussion: 1. In addition to the City's participation in and endorsement of the community ID program, following the Council's discussion of this topic in 2011 the City Manager adopted an administrative regulation requiring that with certain exceptions (e.g. 1-9 forma required for employment, traffic stops) for the purpose of obtaining City services a driver's license shall not be required and any government issued photo identification shall be requested and acceptable (this would Include the Johnson County Community ID.). A copy of that policy is attached as Exhibit A. 2. On July 16, 2015 the Iowa City Police Department Issued Training Bulletin 15-29 regarding Community iD Cards to Its members. A copy is attached as Exhibit B. 3. ICE detainer requests are optional; the Johnson County jail does not hold people at the request of ICE simply because they are suspected of not having proper immigration authorization. The federal regulation addressing detainer requests, 8 CFR Section 287.7 states: (a) Detainers in general. Detainers are Issued pursuant to sections 236 and 287 of the Act and this chapter 1. Any authorized immigration officer may at anytime Issue a Form 1-247, Immigration Detalner-Notice of Action, to any other Federal, State, or local law enforcement agency. A detainer serves to advise another law enforcement agency that the Department seeks custody of an alien presently In the custody of that agency, for the purpose of arresting and removing the alien. The detainer Is a request that such agency advise the Department, prior to release of the alien, in order for the Department to arrange to assume custody, id situations when gaining immediate physical custody is either impracticable or impossible. (emphasis added) December 22, 2016 Page 2 A local government may be held liable for holding a person in response to a detainer request in violation of the person's constitutional rights. See, e.g. Miranda-Olivares v. Clackamas County, 2014 U.S. Dist. LEXIS 50340 (D. Ore. 2014)(holding that federal law does not require a local agency to detain a person in response to ICE's detainer request, and therefore, the jail was liable for imprisoning the plaintiff without probable cause in violation of the Fourth Amendment). The ACLU of Iowa website reports that it has been told by 26 Iowa county jails that they have decided against holding persons at the request of ICE simply because they have been suspected of immigration violations. Johnson County is included on this list and I have confirmed with the County Attorney's office that this is their position. 4. Interim Police Chief Bill Campbell and Captain Troy Kelsey report that the ICPD has assisted or worked cooperatively with federal authorities in connection with other matters (e.g. drug task force) but recall no instance in which the federal authorities requested the assistance of the ICPD in the enforcement of immigration laws. I note that there Is a federal program known as the 287(g) program that allows a state or local law enforcement entity to enter into a partnership with ICE under a Memorandum of Agreement (MOA) In order to receive delegated authority for immigration enforcement within their jurisdictions. The ICE website states that ICE has such agreements with 32 law enforcement agencies in 16 states and identifies those states, According to this source there are no such agreements in Iowa. See https:l/www.ice.govKactsheets/28Tg The ICPD reports that Its operations will not be affected by a policy that limits cooperation with federal immigration authorities if there are appropriate safeguards for instances in which there is a threat to public safety and ICE assistance may be prudent (e.g. violent offender). 5. In our request to the police department to provide us with any relevant policies that may relate to this discussion they have alerted us to the federal consular notification requirement upon the arrest or detention of foreign nationals (persons who are not U.S. citizens without regard to whether they are legally in the United States). This requirement arises under the Vienna Convention for Consular Relations, a treaty signed by the United States which applies equally to foreign authorities when they arrest or detain U.S. citizens abroad. All foreign nationals must be offered the opportunity to communicate with their consular officer (a person from that country whose responsibility it Is to assist its citizens who are in the U.S., e.g. consular in embassy) and for some countries there Is a mandatory requirement that the consular officer be notified by law enforcement. I have attached as Exhibit C a portion of an October 2016 training on this subject provided by the police department showing the basic notification requirements and the mandatory countries. 6. As noted in my 2011 memo, in the Immigration Reform Act of 1996 Congress prohibited state and local governments from prohibiting or in any way restricting its agencies, employees and officers from voluntarily exchanging information regarding immigration status with ICE. (codified at 8 U.S.C. Section 1873)(characterized as the "Don't tell' policy in my earlier memo). Last week the City Manager, Equity Director and I participated in a GARE (Government Alliance on Race and Equity) telephone conference with other GARE cities throughout the U.S. at which attorneys for the ACLU presented on "Strategies for attacks on Sanctuary cities/deportation threats"). The ACLU reported that "the vast majority" of Sanctuary cities have been careful not to run afoul of this provision, although it is possible that the new administration could take a more expansive view of this law. I note that the recently proposed California Values Act, a copy of which is attached as Exhibit D, includes a provision found at Section 865.10 that is obviously December 22, 2016 Page 3 directed to this federal provision: "Nothing in this chapter prohibits any state or local agency from sending to or receiving from, any local, state or federal agency, information regarding an individual's citizenship or immigration status I note that when the City receives 'federal grants (FTAIFederal Transportation Admin., airport, CDBGIHOME, Byrne Justice Assistance Grants (JAG), economic development etc.) there is typically a certification required that the City is complying with all applicable federal laws. The Office of Justice Programs has determined, and the ICPD has been advised as a subrecipient of JAG grants, that 8 U.S.0 Section 1373 is an °applicable federal law" under the Byrne/JAG authorizing legislation and all Byme1JAG grant applicants must certify compliance with all applicable federal laws , including Section 1373, as part of the application process. I have attached a copy of the Guidance from the Office of Justice Programs and a FAQ sheet from the Washington Defender Association, an Immigrant legal resource center, as Exhibit E. I am aware of no other federal grant authority that has advised the City specifically about this federal law. More importantly, however, Section 1373 is narrow in its prohibition. Even the Department of Justice, in its Guidance on Section 1373 states: "Section 1373 does not impose on states and localities the affirmative obligation to collect information from private individuals regarding their immigration status, nor does it require that states and localities take specific action upon obtaining such information." If you choose to adopt certain sanctuary policies I advise that you include a similar provision so as not to run afoul of Section 1373. 7. During the GARS telephone meeting noted above, there was discussion on the "sanctuary city" label, including the °false sense of security" that the label may provide undocumented persons. There was discussion about the Secure Communities Program (nWa Priority Enforcement Program) which results in fingerprints taken upon arrest being sent to ICE. Because detainer requests are optional and the Johnson County jail does not honor those requests, a fingerprint 'hit' at ICE that results in a detainer request will not result in the holding of the person for 48 hours beyond their release date. Of course, we do not know how the new administration will choose to respond to those hits and what resources they will devote to the effort. There was discussion at the meeting about the pros and cores of the "sanctuary" label with the primary pro being that it is an expression of certain values that people understand and the primary cons being the "false sense of security", the "redioactivity' of the label and the distinction between "sanctuary' policies and civil disobedience. I have attached as Exhibit F an article from the New Yorker written since the election that illuminates some of the complexities of the sanctuary city designation. My takeaway from the GARE discussion is that each governmental body that Is considering adopting these policies will need to determine the appropriate label for Its particular city. It seems clear that if the new administration and Congress take action against "sanctuary" cities it will apply to cities with certain policies and not just those with the designation. 8. As noted in my earlier memo staff currently inquires into the immigration status of individuals applying for certain programs. For example, only a few categories of non- citizens are eligible for Section 8 housing choice vouchers and public housing. 42 U.S.C. §1436a. Also, only "qualified aliens" may receive CDBG assistance directly, such as down payment assistance or the single -family new construction program. 8 U.S.C. §§16121 and 1641. Another example of staff having to inquire into the immigration status is for the flood buyouts. Because one must be a U.S, citizen or national of the United States to receive pre-flood value in the buyout, a person in the U.S. legally with a student visa would only receive post-flood value (before rehabilitation). 44 CFR 80.13(a)(6). December 22, 2018 Page A In the event Council is interested in pursuing policies/legislation that restricts City participation/cooperation in the enforcement of federal immigration law staff asks that you provide the following guidance so that we may craft such policles/legislation: 1. Do you wish to adopt any policies limiting the City's cooperation with federal immigration authorities (e.g. not Inquiring about an Individual's immigration status and/or not allocating local resources to the enforcement of immigration law)? -public safety/violent offender exception -Section 1373 provision 2. What title, if any, do you wish to give to such policies? 3. Do you wish to include in the policies a reference to/waming about the Priority Enforcement Program (f/k/a Secure Communities Program)? Please contact me if you have questions. Cc: Geoff Fruin, City Manager Bill Campbell, Interim Police Chief Stefanie Bowers, Equity Director Prepared by. Eleanor M. Dilkes, City Attorney, 410 E. Washington SL, Iowa Cly, IA 54240 (318) 350-030 —01-17-17 s RESOLUTION NO. 17-27 mme� RESOLUTION REAFFIRMING THE PUBLIC SAFETY FUNCTION OF LOCAL LAW ENFORCEMENT. WHEREAS, the City of Iowa City devotes resources to law enforcement for the purpose of assuring the safety of all persons who reside in or visit our community; and WHEREAS, the power to regulate immigration is exclusive to the federal government and the enforcement of immigration law is a function of the federal government that currently resides with Immigration and Customs Enforcement (ICE) of the Department of Homeland Security; and WHEREAS, no federal law compels the local police to participate in the enforcement of federal immigration law and any such requirement would raise significant anti -commandeering issues under the Tenth Amendment to the Constitution of the United States; and WHEREAS, for as long as the City can remember, the Iowa City Police Department has not been involved in the enforcement of federal immigration law; and, WHEREAS, any perception that the local police are involved in the enforcement of immigration law will undermine the police -community relationships that have been. built up over the years, and thereby undermine the ability of the police to keep the community safe; and, WHEREAS, it is essential to public safety that every person, regardless of immigration status, who is a victim of or a witness to a crime feels comfortable reporting crimes or aiding in the investigation of crimes. NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IN THE STATE OF IOWA: 1. Except as necessary for public safety as determined by the Police Chief or designee, or as otherwise required by state or federal law, the Iowa City Police Department shall not undertake any law enforcement action for the purpose of detecting the presence of undocumented persons or devote any public resources to the enforcement of federal immigration law. 2. This resolution addresses the discretionary use of legal city resources and does not: (i) Prohibit, or in any way restrict, any official or employee of the City of Iowa City from sending to or receiving from ICE information regarding the citizenship or immigration status, lawful or unlawful, of any individual (8 U.S. C. Section 1373); (ii) Affect or limit the enforcement of federal immigration law by federal authorities within the City of Iowa City; (iii) Affect or limit ICE's Priority Enforcement Program (f/k/a Secure Communities) whereby all fingerprints of adults arrested, or juveniles taken into custody, for a crime other than a simple misdemeanor are automatically included Resolution No. 17-27 Page 2 in the federal automated fingerprint identification system and cross checked against the ICE database, such that ICE is notified of that person's arrest and detention in the jail; or (iv) In any way condone, encourage or assist the violation of federal law which makes it a crime for any person to, "knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation." (8 U.S.C. Section 1324) Passed and approved this 17thday of _ January 20 7. YOR !•r/ MEa _1 /-/1-/7 ATTEST•c City Attorney's Office Resolution No. 17-27 Page -- It was moved by Botchway and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x x x x x ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Tbrogmorton I'm part of the #WomensMarch movement. I'mfiom lovt V(ITY and I'm conamed about s4naw4 -Y a ly 7KZ iC / 4 Hetes why. �T1 I'A Rn Into A4 — \6r ;V ze il, .tfiQ Gi, f YN cin WOWed akk4 44rYjj' e' ud o� S�+ahnfs. �LeG& l file; r 6waf/q In and,J! drop CWVL:n -f*e,n �v.N-1xt.ya�dL�ptn5 �n.M� otifi� In the first 100 days of the new 0. �n Ai administration, I hope tlut you unde and take dnse.n¢r. wrioody. u 1 Sinren/Y � ��N. I'm pan of the #Wumemmvch movement I'm from '%} and I'm .named about . 7 Ovr &,"a~j j c y So f Hefei why: J—v� a Yr�V1C tnd}vc}r oe} Iii i Over +hL uxllbrr5, {tiau, Ords� &F" c .jeeW }H's Cem Sade and w sww¢FrpM ,�,� 11. C- n'the fitn'100 t arys df'the new administmdon, 1 hope that you undentand and take these.nmms seriously. Sinnrcl� ....... 28 JAS 2M47 f $ o _ V ff ln�Ul�11r tt,�, 16OA- 61 TY (FaMLI L 410 F- WAS&,V6W ST I l6yk c-t4i 14 siz'to lotma �t Cal Acr qra V. Inla►�I luwa G �A 522{ O Lilo Fa5f 1jaSH PA%or S. ,Iowa G% ZA1/ 5aa CN,i C*J C- I'm put of the MomensMarch movement. I'm from Tp�/p. C,t" and I'm concerned about so.nLA-t4y CI}te5 Hews why. 1: cion} Wk,evf ppssons S�wld bQ +ed Nc + lrinn %t +V5 and rnk Ja Shojimmlrt So,oelwl'y Cs}advs, Nona gpanaxv� an Slpc wteS � O invCS pcaes5 p-tWs laoG /' In the first loo days ofthe new administration, I hope that you understand and rake these concerns seriously. I'm pan of the eP We tar eut_ ` 2 I'm from'eW'a '� �T tT and I'm concerned about 618nIOWA Gk3a Hem's why: 4 I .w "h LL. icvt Iawa C.i%y 4 yt.wtaitl A 5atncty"t 41�S0+2 a the first loo days of the new j7ft 04 s+'UI' administration. I hope that you understand and take thm concerns seriously. Sin�tar/ly � _ Lem, CEDAR RAMOS TA 5 I'm part of ilm, lj 'Ra "Yctkpi"p` Wi P I'm from Satpq Goy and I'm concerned about kC<pie7 Here's why. , 1 'T qry° a q+4d�9}C Sth� �}t0• t}fwtfsity 04 Wriin� pr rawl.T Mwe wartyWiltil J '."lien 300- tildar qd�` ytt wh&urigpsw+ st/ and ron^e wit m L H°Te�'h't�uaF arlllwnt h ��w� In the first 1001ys of the new 61 KK adtninistution, I hope that you undersm'lI and take thm concerm seriously. $4hyes c, tV r Sincmly V wo,, C16 La✓fl(A YO r, UQcWOAQ() To,j� Cjv :jA 5224 4 T Towa City COUNCIL _ t Te-tne # ri 52240 10D W. Julie Voparil 4f From: Anthony Wyatt <anthonywyatt610@gmail.com> Sent: Tuesday, January 17, 2017 8:11 PM To: Council Subject: Re: Auto Response from City Council of Iowa City mailbox Hello. Can i get an explaination why these "POLITICAL DELEGATES" are marching throughout the state of Iowa?They are making me and the rest of the citizens of Iowa Concerned. Sincerly, Anthony Latee's Wyatt On Sat, Dec 31, 2016 at 4:38 PM, Council <CouncilAiowa-city.ora> wrote: Your e-mail correspondence has been received. Thank you for contacting the City Council of Iowa City All correspondence addressed to the entire City Council becomes a permanent public record, and is archived on the City website. This message is generated from an automated response system. Do not respond to this e-mail message, as this mailbox is not monitored. Julie Voparil From: Devin Redmond <devinredmond@hotmail.com> Sent: Wednesday, January 18, 2017 8:05 PM To: Board@iowacityschools.org; Council; robinson.julie@iowacityschools.org; murley.stephen@iowacityschools.org; perry.amanda@iowacityschools.org; Geoff Fruin; VanHemert.Duane@iowacityschools.org Subject: please keep mann renovations on track for the 18-19 school year Good Evening! I hope this is all finding you well. I am thankful for the work you do for our schools and our community My name is Devin Redmond. I am a teacher in the ICCSD, and my daughter is a 4th grader at Mann. I teach at a building that was fortunate to be slated early for elementary school renovations. I wish I could put into words the difference it made for the morale of our teachers and students. As silly as it sounds because everyone is deserving, I feel that it really made us feel like we "mattered" to the whole Iowa City/Coralville community. 1 would love for the adults and kids at Mann to have this same feeling. They deserve to have new HVAC, clean bathrooms, and new carpet, tile and paint, and possibly, most importantly, they very much NEED to be ADA compliant. 1 know the building is old (Happy tooth Birthday!), and I know it will take a substantial amount of money to give the space the renovations it needs, but I also know this money will be well -spent. Plus, people voted for the first bond to pass with the understanding that these renovations would happen in the 2018-19 school year. The trust that stakeholders placed in your hands cannot and should not be ignored. I would love for everyone involved (school and city) to get their calendars out and write, in pen! ' _ , dates that you can all get together to iron this out. There will be a lot of decisions to be made about the houses surrounding Mann and North Market Square Park, but I am confident you can all do it in 2018-19 if you make it a priority. And lastly, my daughter loves her school. Kids have these eagle eyes, and she can point out every single improvement made at Horace Mann, no matter how small. She also, however, notices when things stay old. She has told me since she was in preschool at the school, "Mom, when I grow up, I want to be a teacher here. I'll go to college, and then I'll come back and teach at Mann. That's what I want to do." I hope, for the benefit of the whole community (and not just my small teacher -in -training!), that Mann will receive its updates in the year pledged to the people of Iowa City. Thanks for reading, Good evening, Devin Redmond Parent at Mann Teacher in the ICCSD Julie VOAaril From: Julie Robinson <Robinson.Julie@iowacityschools.org> Sent: Thursday, January 19, 2017 8:59 AM To: Devin Redmond; Board; Council; Stephen Murley; Amanda Perry; Geoff Fruin; Duane Van Hemert Subject: RE: please keep mann renovations on track for the 18-19 school year Hi Devin, Thanks for your note. I am feeling very hopeful that things will move forward on schedule. I appreciate all the work the ICCSD School Board, the Iowa City City Council, and district and city administrators are doing to move this along. Julie From: Devin Redmond [mailto:devinredmond@hotmail.com] Sent: Wednesday, January 18, 2017 8:05 PM To: Board <Board@iowacityschools.org>; council@iowa-city.org; Julie Robinson <Robinson.Julie@iowacityschools.org>; Stephen Murley <Murley.Stephen@iowacityschools.org>; Amanda Perry <Perry.Amanda@iowacityschools.org>; geoff- fruin@iowa-city.org; Duane Van Hemert <VanHemert.Duane@iowacityschools.org> Subject: please keep mann renovations on track for the 18-19 school year Good Evening! I hope this is all finding you well. I am thankful for the work you do for our schools and our community. My name is Devin Redmond. I am a teacher in the ICCSD, and my daughter is a 4th grader at Mann. 1 teach at a building that was fortunate to be slated early for elementary school renovations. 1 wish I could put into words the difference it made for the morale of our teachers and students. As silly as it sounds because everyone is deserving, I feel that it really made us feel like we "mattered" to the whole Iowa City/Coralville community. I would love for the adults and kids at Mann to have this same feeling. They deserve to have new HVAC, clean bathrooms, and new carpet, tile and paint, and possibly, most importantly, they very much NEED to be ADA compliant. I know the building is old (Happy looth Birthday!), and I know it will take a substantial amount of money to give the space the renovations it needs, but I also know this money will be well -spent. Plus, people voted for the first bond to pass with the understanding that these renovations would happen in the 2018-19 school year. The trust that stakeholders placed in your hands cannot and should not be ignored. I would love for everyone involved (school and city) to get their calendars out and write, in pen! �' , dates that you can all get together to iron this out. There will be a lot of decisions to be made about the houses surrounding Mann and North Market Square Park, but I am confident you can all do it in 2018-19 if you make it a priority. And lastly, my daughter loves her school. Kids have these eagle eyes, and she can point out every single improvement made at Horace Mann, no matter how small. She also, however, notices when things stay old. She has told me since she was in preschool at the school, "Mom, when I grow up, I want to be a teacher here. I'll go to college, and then I'll come back and teach at Mann. That's what I want to do." I hope, for the benefit of the whole community (and not just my small teacher -in -training!), that Mann will receive its updates in the year pledged to the people of Iowa City. Thanks for reading, Good evening, Devin Redmond Parent at Mann Teacher in the ICCSD NOTICE: All email communications to and from the District's email server are archived in accordance with District policy and procedures. This email communication, including attachments, contains information which may be confidential and/or legally privileged, and may otherwise be exempt from disclosure under applicable law. The information is intended solely for the use of the addressee. If you are not the intended recipient or believe you received this communication in error, please reply to the sender indicating that fact and delete the copy you received. In addition, if you are not the intended recipient or believe you received this communication in error, any unauthorized retention, copying, disclosure, distribution, or other use of the information is strictly prohibited. Thank you. Julie From: Geoff Fruin Sent: Saturday, January 28, 2017 11:05 AM To: Gregg Geerdes; Council Subject: RE: Sidewalks on Dubuque Street/Gateway Project Gregg, I apologize for the delay in response to your email below We are doing what we can to help keep the pedestrian traffic on the signed detour routes. The situation is not ideal, but was unavoidable given the work that had to be done with this project. The contractor is currently installing the remaining portion of the 48" diameter trunk sanitary sewer south of Park Road where it is approximately 30' deep and in rock. Within the next month as the sewer installation progresses toward the river and away from the roadway, a temporary pedestrian route will be provided on the west side of the temporary barrier rail on Dubuque Street. Once the Dubuque Street utility crossings south of the bridge are complete, the 8' walk will be replaced for temporary use until the final grading improvements and connection to the new bridge are made. We hope this phase of the project will continue without delay and that a more direct pedestrian path can be reestablished in the next month for the duration of the project. Thanks for your patience with this project. Best, Geoff Fruin City Manager From: Gregg Geerdes [mailto:geerdeslaw@peoplepc.comj Sent: Friday, January 20, 2017 9:56 AM To: Council <Council@iowa-city.org>; Geoff Fruin <Geoff-Fruin@iowa-city.org> Subject: Sidewalks on Dubuque Street/Gateway Project Is there any chance to get some temporary sidewalks on Dubuque Street south of Park Road? There are now places where there are none and lots of students are walking in traffic at all hours, apparently on the way to Mayflower. Someone's likely to get hurt. Gregg Geerdes 341-3304 �IUSA Neighborhoods U S A gKW,4;"g _55tromger iiommm"Wed President January 17, 2017 Tige Watts Columbia, SC Dear Honorable Mayor or Interested Party: Vice President Jason Bergerson The Board of Directors of Neighborhoods, USA (NUSA) invites you to consider Anchorage, AK hosting the 44th Annual Conference on Neighborhood Concerns in 2019. Hosting this Secrets ry national conference is an opportunity for you to showcase your city and share the Monique Coleman quality of programs and services your city offers with neighborhood activists, elected Wichita Fans. Tx officials, professional staff and residents from across the nation. Assistant Secretary Beryl McCadden-Pritko In recent years, this conference has been held in cities such as: Memphis, Tenn.; Gardena, CA Eugene, Ore.; Hampton, Va.; Spokane, Wash.; Little Rock, Ark.; and Anchorage, Treasurer Alaska. With attendance averaging 600 to 800 people, every annual NUSA conference Anne -Marie Taylor is unique because it demonstrates the pride and collaborative partnership that exists Indianapolis, PJ within each host city. 4 Assistant Treasurer Angela Rush We encourage you to establish a partnership with your neighborhood and community Fort Worth, Tx organizations, your business sector, other government .agencies, and your Convention and Visitors Bureau prior to submitting your bid. Completed submissions must be SereeantAtArms Tony Olden, Sr submitted by 5 p.m. EDT on April 7, 2017. Presentations to the NUSA Board of Memphis, TN Directors will take place on Wednesday, May 24, 2017 in Omaha, Nebraska, at the Parliamentarian Hilton Omaha Downtown on Cass Street. George R. Lee, Jr Birmingham, AL The Host City Bid Package has just been updated. If you would be interested in bidding Directors: for the 2019 conference please locate the 2019 NUSA Request for Proposal at Hal G. Barnes www.NUSA.ora (under the "upcoming conferences" section) or contact the following Fort Lauderdale, FL person if you have any further questions. Loretta Buckner Wichita, KS Jeri Pryor Jerry Caligiuri Long Beach, CA PO Box 281 Paul Gambill Fort Lauderdale, FL 33302-0281 Erie, Pa Phone — 954.999.0833 Elton Gatewood e-mail — AdminAsst@NUSA.org o Fircrest, WA — --+ Rene Kane Thank you in advance for your interest in hosting our 44th Annual Conf lir EAG of N . Eugene, OR Neighborhood Concerns in 2019.. vatricia McKinney Memphis, TN Lisa Middleton Yours in Partnership,( - Palm Springs, CA. DCAnna O'Malley Texarkana, AR - -- Gerri Robinson Birmingham, AL Y Tige Watts, President Annie Rodgers North Adams, MA Neighborhoods, USA Wanda Sloan 803.237.3396 Tampa, FL President@NUSA.org Neiehborhoods USA P.O. Box 281, Fort Lauderdale, FL 33302-0281 Federal ID 9 52-1184801 -'idT;T Julie Vooaril 4f From: Jyni Seabloom <ifencegc@mchsi.com> Sent: Wednesday, January 25, 2017 1:41 PM To: Council Cc: Kingsley Botchway; Rockne Cole; Terry Dickens; Susan Mims; Pauline Taylor; John Thomas; Jim Throgmorton Subject: Reconsideration of Definition of Fence pertaining to animal control Attachments: Current Ordinance Iowa City.pdf; Iowa City Council Letter.pdf Iowa City Council Members, Please review attached letter regarding the current definition of fencing pertaining to pet containment. I look forward to working with you with the possibility of redefining pet containment. Thank you, Phillip Vroman Owner I Invisible Fence of the Quad Cities Llxv�le 5202 38th Ave Suite 3, Moline Illinois 61265 Office: (309)797-1688 Email: ifencegc@mchsi.c nn Visit us online! won Confidentiality Note: This email may contain confidential and/or private information. If you received this email in error please delete and notify sender. Iowa City Pet Regulations . Why do we have ani►nal laws? Laws protect both the public and animals in our commainity. The laws described here provide better health and safety for our community at large. These laws also are in place so animals, their owners and neighbors can live together in safety and harmony. Animal Services encourages citizens with pets to take an active role in being responsible pet owners by complying with local and state animal laws. (See Recipe for responsible pet ownership) The following list is not all-inclusive. Additional animal related codes may be found on the City of Iowa City website at www.icgov.= under title 8 Police Regulations. . Leash Law All dogs and cats, regardless of age, must be restrained at all times on a leash not exceeding 10 feet in length and under the control of a competent person, unless confined within the owner's property or vehicle. Citizens may obtain a permit to use the City's designated off leash dog parks for off leash training or play. (See dog park rules) Rabies Requirement All dogs, cats and ferrets four months of age and older, must be vaccinated against rabies. Rabies can be transmitted to humans or animals usually through a bite and puncture to the skin. Rabies is a fatal disease. hhp:llcarimalcenter.org/pages/servicesrimv city-pet-regWafiom.php 1/4 Ordinance No. 99-3902 Page 2 identification will have a microchip Identification implanted permanently into the animal prior to redemption. SECTION III. Title 8, entitled Police Regulations", Chapter 4, entitled "Animal Control", Section 8, entitled "Impoundment And Redemption Of Animals", Subsection G, entitled "Registry Kept" is hereby amended by amending subparagraph 1 as follows: 1. The City personnel or veterinarian authorized to impound animals, upon receiving any animal pursuant to this Chapter, shall make a complete registration for such animal, entering the date, species, breed, color and sex of such animal and any tattoo number and whether licensed. If such animal is licensed, the impounding authority or personnel shall enter the name and address of the owner and the number of the license tag and microchip. SECTION IV. Title 8, entitled "Police Regulations", Chapter 4, entitled "Animal Control', Section 6, entitled "Prohibitions and Requirements", is hereby amended as follows: Subsection A, entitled "Prohibited Animals" Is amended by adding: 3. A prohibited animal which is part of a circus that has a valid permit under this Chapter. Subsection D, entitled "Animals At Large", subparagraph 1, subparagraph a is amended as follows: la. It is tethered or on the enclosed fenced premises of the owner; or SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VT. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 28th day of September , 19y4. Ordinance No. 99-3902 Page 3 Cl 9AYOR ATTEST: CI LERK AP v� City Attorney's Office denn3ls.ntiMrd0olreg.don Ordinance No. 99-3902 Page 4 It was moved by Norton and seconded by Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thomberry Vanderhoef Vanderhoef that the First Consideration 8/24/99 Vote for passage: AYES: Champion, Kubby, Lehman, Norton, O'Donnell, Vanderhoef. NAYS: Thornberry. ABSENT: None. Second Consideration 9/14/99 Vote for passage: AYES: Vanderhoef, Champion, Kubby, Lehman, Norton, O'Donnell. NAYS: Thornberry. ABSENT: None. Date published 10/6/99 hMsible Fence Brand The Brand Veto Becom Mast For Bog B fMyanL Fr d.0 January 25, 2017 Iowa City Council 410 E Washington St Iowa City, IA 52240 RE: Animal Control Ordinance and Definition of Fence NO 99-3902 Dear Council Members, On behalf of pet owners that reside within the city limits I would encourage the city council to review your current leash law which prohibits the use of electronic pet containment as a safe method of pet containment. Invisible Fence® Brand has been in the business of protecting pets since 1973. We are the leader in professionally managed pet care, with more than 40 years of experience and millions of solutions installed. What began as a single mission to protect dogs from leaving their yards is now a promise to change how life is shared with our pets. Through innovative solutions, scientifically -based training and professional management, we help pet owners enjoy their pets more and worry about them less. We understand and appreciate the concern over how safe the technology is for pets. That is why we partnered with leading animal behaviorists to evaluate and improve what we do —and they did! Perfect Start'"' Plus Training ensures that our clients' pets will be trained on the Invisible Fence° Brand System in a manner that treats their pets' safety as the priority. We have additional training protocols for cats as well, helping to make sure that all of our clients' 4 -legged family members are well trained and ready to go with Invisible Fence° Brand Solutions. I personally got involved with Invisible Fence® Brand over 20 years ago as I was the director of the Humane Society of Scott County and in charge of Animal Control in the city of Davenport. I saw the need for better containment as most pets ended up at shelters due to the fact of jumping or digging under traditional fencing, breaking chains or chewing through tie -out ropes. I also believe pets are better behaved and more social if they have more room to exercise and have the freedom to be part of the family. There is less stress on the pet's behalf if they can lie at the feet of their owners instead of being excluded from family activities. Also, barking, digging and destructive behavior is minimized as pets get more exercise and socialization. I do believe strict animal control ordinances are an effective way to keep pets on personal property and prevent public nuisances; however, over the years Invisible Fence® Brand has proven safe and effective for containing millions of pets. The first step for a pet owner considering putting in an Invisible Fence° Brand Pet Fence is to arrange an in-home meeting with one of our pet consultants. It's here that we ensure that our product will work for their family and evaluate the pet's personality as well. I totally agree that any type of aggression is not a good fit for electronic pet containment, therefore; we do not install systems if a pet has any history of aggression or biting. As a company, we take great pride in offering solutions for clients both indoor and outdoor. once a system is installed, one of our certified trainers goes out to safely lead the pet through our Perfect StartTM Plus Training. We teach the pets to safely recognize, respect and avoid the new boundaries we have created. We have clients that have had several generations of pets on our system. With this type of success rate I am sure you can see why Invisible Fence° Brand is the leader in electronic pet containment. We also place placards on the homeowner's property advising neighbors and passersby that pets are protected by the Invisible Fence° Brand solution. We also encourage all of our pet owners to keep their pets back a minimum of six feet from any public sidewalks. Under the current leash law, many pet owners in Iowa City have limited options for safe and healthy pet containment. Most homeowners associations prohibit the use of any physical fencing in their developments. Lastly, consider that properties where woode&or hilly terrains make physical fencing unfeasible, Invisible Fence® gives them a safe alternative. It is my hope that this issue can be placed on the city agenda for further discussion and review. I am willing to attend a board meeting to further discuss and offer any guidance needed. It is my intention that through open communication and discussion, this definition of fencing can be reviewed for pet owners within the city limits. Sincer ly, G%yo Phillip Vroman Owner Invisible Fence® Brand of the Quad Cities office 309-797-1688 Personal Cell 309-373-5888 ifencegc mchsi.com www.invisiblefence.com -a' rTrT Julie Voparil 4f From: Ann Christenson <annfchris@gmail.com> Sent: Thursday, January 26, 2017 4:29 PM To: Council Subject: Environment January 26, 2017 To: Councilors, Iowa City Council From: I OOGrannies.ora Re: Pipeline Divestment In the ongoing effort of many organizations to prevent the completion of the Dakota Access Pipeline, some U.S. cities are in the process of divesting municipal funds from financial institutions that support the pipeline parent companies, Energy Transfer Partners, Energy Transfer Equity, and Sunoco Logistics. The most specific supporter targeted is Wells Fargo. Wells Fargo's loans and investments in the project reach nearly half a billion dollars, according to a Food & Water Watch report. In addition, recent scandals have made Wells Fargo vulnerable to pressure. Nine members of I OOGrannies have been arrested and many others have participated in protests in the past six months to halt the fossil fuel extraction that would feed this pipeline. If past government inaction on climate policy wasn't bad enough, the new Federal administration has set in motion a course that will unquestionably lead to global climate -related disasters. In the tradition of civil disobedience, the members of I OOGrannies feel that the impacts of climate change are so serious that breaking the law is necessary to avert them. According to the Pipeline and Hazardous Materials Safety Administration (PHMSA), an arm of the U.S. Department of Transportation, the number of significant pipeline incidents grew 26.8 percent from 2006 to 2015. In 2015, there were 326 such incidents—almost one per day. Now we have learned that a pipeline in Iowa ruptured yesterday morning, sending tens of thousands of gallons of diesel fuel to pool on a local farm. Fossil fuel extraction must stop. We members of I OOGrannies, on behalf of the many organizations opposing the Dakota Access pipeline which threatens the environmental health of our state, especially our waterways, are writing to request that the City of Iowa City divest any Wells Fargo funds from its portfolio and budget. This is an opportunity for Iowa City to demonstrate leadership by joining other progressive governments such as Seattle, Minneapolis, Portland and the State of California that are in the process of such divestment. When Seattle City Council member Kshama Sawant introduced legislation leading to divestment, she said that the city "can make a strong commitment to environmental, economic, and racial justice" by moving its business to an institution with a reliable social justice record." We ask that the Iowa City Council follow suit. Julie From: Scott Foens <scott.foens@icloud.com> Sent: Thursday, January 26, 2017 7:20 PM To: Council Subject: Incident in Red Mall with Fedex Driver I sent the following to the new Police Chief and wanted to make sure that I included you in the communication. I am very troubled by the press report noting a citation for the protestors (legitimately for not having a permit), yet nothing for an individual stealing from the protestor and committing an assault. Dear Chief Matherly, Congratulations on your appointment and I know having this happen on your fourth day is not how you want to start out your tenure. However, according to press reports, two of the protestors were cited, but nothing about the Fedex driver who forced his way into this gathering and forcibly took at least one and perhaps two or three flags from protestors. At a minimum, I see theft and given that the contact was unwanted by the protestors, I find it hard to believe that some category of assault was not committed. Yet no charges were filed nor any citation issued? During a Trump rally last year in North Carolina, a protestor was being escorted from the venue by at least three sheriffs deputies when he was punched in the face by a Trump supporter. It was the protestor who ended up being forced to the ground while the man throwing the punch was allowed to go back to his seat and not be detained for the rest of the event. This incident is not nearly on the same magnitude. Neither did the video show any Iowa City police officers on the scene at the time of the confrontation. However, the underlying principle still applies. Right now, it appears that if protestors are conveying a message Iowa City police officers, at best, are indifferent to, then when they suffer an assault it is the victim detained while the person committing the offense walks. I ask you to conduct a thorough investigation into this incident and bring charges as you see fit. Respectfully, Scott Foens Marion, IA Julie Voparil From: mikehartnett <mikehartnett@cox.net> Sent: Thursday, January 26, 2017 11:58 PM To: Council Subject: Flag burning ceremony When is the next US flag burning event? You idiots will come up with any ordinance you can behave like Nazis. I hope ISIS doesn't bother your lovely town.... Julie Voparil From: Clay Sampel <ford_ltd_man@yahoo.com> Sent: Thursday, February 02, 2017 5:54 PM To: Council Subject: Fw: Flag Burning --- On Fri, 1/27/17, ford Itd man@yahoo.com <ford ltd man@yahoo.com> wrote: > From: ford_ltd_man@yahoo.com <ford_ltd_man@yahoo.com> > Subject: Flag Burning > To: "council@iowa-city.org" <council@iowa-city.org> > Date: Friday, January 27, 2017, 1:23 PM Hello to all in Iowa City,l > just want to comment about some of your residents.Flag Burning is > wrong no matter who does the burning.30 days in jail or a fine of up > too $625.00 "It's not for the content of what they were burning but > rather for violating the city ordinance of open burning," Gaarde > said.Why would you even say it's not the content of what they were > burning But rather a violation of city ordinance?Piss on the ordinance > your retarded ordinance. Ooh, that's right global warming oh now they > call it Climate change.GROW UP I hope you do not believe the SHIT > about climate change.Them folks who was burning the FLAG should be > jailed PLUS the fine.Get a BACKBONE and protect the FLAG and it's > HONOR.If you do not like this email > then let me know?Do > Your duty and protect the FLAG > Clayton G. Sampsel 4-,; (IS) Late Handouts Distributed (Date) Julie From: tom sladek <tomsladek1960@gmail.com> Sent: Wednesday, January 25, 2017 11:52 AM To: Council Subject: How to get rid of panhandlers? How do I get rid of panhandlers across the street from my house? I called the police and the officer said there is nothing they can do unless it falls into the category of agressive panhandling, whatever that means. The police officer told me all I can do is contact the city council and complain. I want it to stop. I have to encounter the same people multiple times a day, and it's been going on for years and years. Not only are they across the street from my house, they are also in front of my grocery store everyday. I live on S. Riverside Dr. and shop at the Highway 1 Walmart. Obviously, until nowi the city has not done anything because the problem is only getting worse. Do you plan on ever stopping this or should I just expect to see these same people standing on the street for the next 10 plus years? Julie Voparil 4f From: Julie Voparil Sent: Tuesday, January 31, 2017 10:32 AM To: 'syed rahman' Subject: RE: My daughter's visit to the City Council Meeting Mr. Rahman, Re: Council Work Session, 5:00 p.m. January 31st There is no dress code for individuals attending Council meetings. Tonight's meeting is a ONE issue meeting (City Hall Parking Lot project). There will be a full agenda at next week's meeting, February 7, if you wish to attend. Please let me know if you have any questions. Julie Voparil Deputy City Clerk City of Iowa City 410 E. Washington Street Iowa City, IA 52240 (319)356-5040 -----Original Message ----- From: syed rahman [mailto:rahman_syed@hotmail.com] Sent: Monday, January 30, 2017 7:51 PM To: Council Subject: My daughter's visit to the City Council Meeting Hello, My daughter (Afreen) would like to attend tomorrow's City Council meeting as part of her Weber Elementary school assignment. Is there anything we need to know or be prepared with? Is there any dress code? Thank you, Syed Rahman (Afreen's dad) Sent from my iPhone Julie Voparil 0 From: Ricks, Phillip J <phillip-ricks@uiowa.edu> Sent: Tuesday, January 31, 2017 1:47 PM To: Council Subject: Information Request RE: Community Garden Plots Greetings City Council, I am writing because I have heard from some people around town that the City is considering expanding the number of community garden plots in Iowa City. I would very much like more information about this, as well as time -tables for expansion, and when permitting begins this year. Any information (even being referred elsewhere) would be greatly appreciated. Thank you very much. Best, Phillip Ricks Presidential Seashore -Ballard Fellow Department of Philosophy University of Iowa Cogito ergo possum Julie From: Chris Liebig <Chris.Liebig@iowacityschools.org> Sent: Tuesday, January 31, 2017 1:27 PM Subject: ICCSD school bond proposal Dear Elected Officials, I've spoken with a number of you about the school board's effort to settle on a bond proposal to enable continued progress on the district's facilities plan. I was unable to attend the recent joint municipalities meeting and legislative forum, where I know this topic was also discussed. So I wanted to share with you my ongoing thoughts<http://anotherblogaboutschool.blogspot.com/2017/01/some-thoughts-toward-bond-proposal.html> about developing a bond proposal. (In case the link doesn't work: the url is http://anotherblogaboutschool.blogspot.com/2017/01/some-thoughts-toward-bond- proposal.html.) Thanks for your interest in this matter and for your service to the community. Chris Liebig School board member Iowa City Community School District NOTICE: All email communications to and from the District's email server are archived in accordance with District policy and procedures. This email communication, including attachments, contains information which may be confidential and/or legally privileged, and may otherwise be exempt from disclosure under applicable law. The information is intended solely for the use of the addressee. If you are not the intended recipient or believe you received this communication in error, please reply to the sender indicating that fact and delete the copy you received. In addition, if you are not the intended recipient or believe you received this communication in error, any unauthorized retention, copying, disclosure, distribution, or other use of the information is strictly prohibited. Thank you. Julie From: Naj Omer <omernaj64@gmail.com> Sent: Thursday, February 02, 2017 10:53 AM To: Council Subject: Concern. How are you today? It Showed in PreSS-CitiZeri.Details:Join concerned Muslims, Jews and supporters in a Solidarity Rally this Sunday Feb. 5, 2017 at I PM on the Pedestrian Mall in Iowa City to demonstrate solidarity against the recent ban of immigrants, refugees, and Muslims .The facebook:Solidarity Rally Against The Ban.This page is for one of Hillary supporters. When Trump won she find way to gather Muslims through this facebook to protest even she is not Muslims,and she had little kids suppose to spend time with them,still willing to cause difficultiesd read a lot of Muslims communities were un sure who is organizing this protest,and she kept sending invitations throughout facebook.Even Down Town Iowa city mall is small and for business.Plus every American know the ban is for the safety of America and is not against anyone.You can check the facebook in which people have to sign,then you'll find the host is one Iowan lady Sarah Rosen Frank, in her facebook she is supporter for Hillary which is great.But she find something else to be busy with sending invitations to everyone to join the protest, which is the actual reasons is to give people hard times since Hillary doesn't win.Then shejoined the Muslims and Jews together. Which everyone know Jew never like Muslims at ALL,even for seconds. And also Muslims never like Jews.l hate saying that, but is reality.There are no organizers for her page,she is only one steering all that. Which will make the safety for the protesters in stake.and Specially some Muslims they will behave in not respectful way.Which will lead to misunderstanding.Someone need to check her facebook.she sending to University students.She should leave people alone to study.And she should know The Ban is for the USA safety.Thanks. Julie Voparil From: Mary Lou Welter <welteremig@hotmail.com> Sent: Friday, January 20, 2017 2:49 PM To: Council Subject: Vote YES for Plan B on January 31 I am a 30 year Iowa City resident and I am contacting you to express my support for a Yes vote for Plan B on January 31. 1 think this is the best plan for me and the other citizens of Iowa City. I travel Gilbert Street frequently and therefore have personal knowledge of the need to update the fire department and resolve the traffic problems involved with it. Also as a retired State of Iowa DHS Public Assistance Worker I am well aware of the need for low income housing and therefore always in support of any plan that increases the availability of low-income housing for our community. I also am strongly in favor of preserving historical buildings like the Unitarian Universalist Society structure which this plan will do. Thank you for all the hard work you do for the me and other Iowa City residents. I'm confident you will make the decision that is best for all of us. Mary Lou Welter 1334 Carroll Street Iowa City, IA 52240 welteremig@hotmail.com Julie Voparil From: emily <epeckl @hotmail.com> Sent: Friday, January 20, 2017 12:15 PM To: Council Subject: Re: 10S. Gilbert St. Writing in support of a vote for plan B. Low income persons deserve housing and we all desire an historically preserved city. As much as developers deserve a return on their investment, long term goals should not be sacrificed, I believe. Sincerely, Emily Peck Sent from my Sprint Samsung Galaxy SO 6. Julie Voparil From: Kelli Brommel <kelli@deadchannel.com> Sent: Friday, January 20, 2017 12:39 PM To: Council Subject: Plan B Dear City Council members, Please vote yes for Plan B on January 31. 1 believe this is the best option, allowing for low income housing to be built, fire house updates and saving the old Unitarian church building. Thank you, Kelli Brommel 2 Princeton Ct. Iowa City (319) 471-5990 Julie Voparil From: Caryl Lyons <clyons@southslope.net> Sent: Friday, January 20, 2017 1:12 PM To: Council Subject: Save 10 S. Gilbert To the Iowa City City Council: I would like to urge the City Council to vote YES on Plan B on January 31, to allow the saving of 10 S. Gilbert. Not only is the old Unitarian Universalist Society building a central part of Iowa City's architectural and social history, but voting yes on this on this proposal will also allow updates to the fire department, create better traffic patterns on Gilbert St. because of the proposed fire department pull-throughs, and develop much-needed low-income housing in Iowa City. In addition, tax revenue will be generated. I live in North Liberty rather than in Iowa City, but like most of us who live in Johnson County, Iowa City is our central city, where we work and shop and eat and attend events and drive and park, so whatever is done to benefit the city of Iowa City benefits the people who live in the surrounding towns and countryside and who help to create the wealth and productivity and creativity of Iowa City. Please vote "yes" and make this plan a reality. Thank you for all you do for Iowa City and its surrounding areas. Sincerely, Caryl Lyons 210 N. George St. North Liberty, Iowa (319)626-6277 clvo ns@southslooe. net Julie Voparil From: Jeanette Carter <montehigh55@gmail.com> Sent: Friday, January 20, 2017 4:31 PM To: Council Subject: Save the UU building! I am writing to ask your consideration of the Jesse Allen proposal that is now called plan B. In addition to providing actual low income housing and helping the fire station, it will protect the historic Unitarian Universalist building at 10 S Gilbert. Iowa City has lost so much of its history, it would be a shame to destroy this structure! Thank you for your consideration of this proposal. Jeanette Carter 424 Oakland ave. Iowa City IA 52240 Sent from my Wad Julie Voparil From: Nancy Purington <nancypurington@gmail.com> Sent: Saturday, January 21, 2017 9:29 AM To: Council Subject: UU Society Building Please vote YES for Plan B on January 31. Plan B: . Allow an aesthetic transition from the higher downtown buildings to the surrounding residential neighborhoods. . Give extensive updates to the fire department. . Eliminate traffic backups on Gilbert Street with fire department pull-throughs. . Offer low-income housing, which is so desperately needed in the area. . Provide much-needed tax revenue. . Preserve the old Unitarian Universalist Society building, which is an iconic piece of Iowa City history. Dear Councilors, The UU Church would make a fine lecture hall, performance center and many more uses. It is the only piece of historic architecture of its type in the City: a note of poetry in what is becoming a vast sea of rectangles and squares, steel, concrete and glass. Thank you, Nancy L. Purington Julie Voparil From: Judith Leavitt <leavitt.j47@gmail.com> Sent: Friday, January 20, 2017 5:24 PM To: Council Subject: 10 S. GILBERT City Council, Please vote YES on Plan B for the property at 10 S Gilbert at your meeting on Jan. 31 to provide low income housing and upgrades for the fire department. Judith Leavitt Coralville Julie Voparil From: Maureen Patterson <maureen.p.patterson@gmail.com> Sent: Friday, January 20, 2017 5:29 PM To: Council Subject: Jesse Allen Plan Dear City Council, I respectfully ask you to vote yes on the Jesse Allen plan to develop the city block that includes the fire station, the police parking lot, and the old Unitarian church building. In my opinion, the current layout is an inefficient use of such a prime location. The proposed development, however, would be a great use of the space, providing many wins. The city would receive tax revenue from the development while also ensuring much -need housing for low-income residents. The fire department would operate more effectively with improved facilities, and drivers would appreciate less traffic tie-ups from fire vehicles. The curb appeal of the structures would be striking, providing an easy transition from downtown high rises to residential streets. Finally, history lovers would appreciate the preservation of an iconic church structure. Thank you for your service to Iowa City. I appreciate the opportunity to weigh in on a decision to improve a community I love so much. Sincerely, Maureen Patterson 1927 Hannah Jo Ct. Iowa City, IA 52240 Julie Voparil From: Amy Fretz <amymhere@gmail.com> Sent: Friday, January 20, 2017 7:36 PM To: Council Subject: Jesse Allen Proposal Dear City Council, I have been watching with great interest the possibilities of the new Jesse Allen project. I think the City Council has the opportunity to please the most people by voting yes to the entire project. The fire station would get a much- needed upgrade, making it easier for the fire fighters to respond to the city's demand. The historical preservationists would be pleased to have the church saved and continue to be a landmark downtown with new uses. Low-income housing would be available; it is sorely lacking in our city, especially with the new college housing project on Hwy 6 where the old Rose Oaks used to be. Jesse Allen has worked very hard to bring the city a proposal very worthy that will be a beautiful renovation to that entire area. I respectfully ask you to vote yes to his project. The proposal is expensive but it is building for the future of Iowa City. I also want to thank you for allowing the church to serve as a homeless shelter this winter. It means so much that our city council cares about all our residents. Thanks so much for all the hard work you do. Your service is greatly appreciated. Sincerely, Amy Fretz Iowa City Resident 720-207-4513 Julie Voparil From: Barbara <barbaracoralville@hotmail.com> Sent: Saturday, January 21, 2017 12:14 PM To: Council Subject: Plan B Please vote for plan B as regards development of the property next to the fire department. There is a need for low income housing in this area which is within walking distance of the Senior Center, the Library and grocery shopping. Tax revenue will increase as a result of this plan. Thank you for your service and your consideration of those with low incomes who need housing nearer to sources of employment and culture. Sincerely, Barbara Staib Julie Voparil From: mfkswolf@gmail.com on behalf of Kurt Michael Friese <KurtFriese@gmail.com> Sent: Saturday, January 21, 2017 5:55 PM To: Council Subject: 10 South Gilbert Dear City Councilors, I am writing today to ask you to please save our historic old church at io S. Gilbert and vote YES on "Plan B." That plan will: • Allow an aesthetic transition from the higher downtown buildings to the surrounding residential neighborhoods. • Give extensive updates to the fire department. • Eliminate traffic backups on Gilbert Street with fire department pull-throughs. • Offer low-income housing, which is so desperately needed in the area. • Provide much-needed tax revenue. • Preserve the old Unitarian Universalist Society building, which is an iconic piece of Iowa City history. Thank you for voting to save the old church. Kurt Friese Iowa City Julie Voparil From: Shelby M <shelbymv@gmail.com> Sent: Saturday, January 21, 2017 7:30 PM To: Council Subject: Vote YES to Plan B to preserve Unitarian Church Dear Iowa City Council. I am an Iowa City resident of over 25 years. I have seen many changes in downtown Iowa City over the years, but at this juncture, I urge you to vote YES to Plan B to preserver the Unitarian Church at 10 S. Gilbert. Plan B will: • Allow an aesthetic transition from the higher downtown buildings to the surrounding residential neighborhoods. • Give extensive updates to the fire department. • Eliminate traffic backups on Gilbert Street with fire department pull-throughs. • Offer low-income housing, which is so desperately needed in the area. • Provide much-needed tax revenue. • Preserve the old Unitarian Universalist Society building, which is an iconic piece of Iowa City history. As a welcoming and diverse community, that church is a symbol of that over the years and will continue to be as a community building. I urge you to vote YES on Plan B to preserve this historic building. Thank you. Sincerely, Shelby Myers 51 Wakefield Court Iowa City, IA 52240 Julie Voparil From: Nita Kosier <perryrahs@southslope.net> Sent: Saturday, January 21, 2017 4:59 PM To: Council Subject: Plan B. Vote regarding Gilbert Street Area lam writing to urge you all to vote YES for PLAN B concerning the Gilbert Street and Iowa corner. The fire department needs more room for updates, some additional low cost housing would be possible, it will keep an appealing neighborhood aesthetics and the added tax revenue would be great. Thank you all for your consideration of Plan B. Juanita Kosier Julie Voparil From: Rachel Clark <rachel.clarkl @gmail.com> Sent: Saturday, January 21, 2017 4:49 PM To: Council Subject: Vote YES for Plan B for Gilbert street renovation project Hello, I recently heard about the Plan B going up for a vote soon concerning 10 Gilbert Street. I highly approve of this Plan. I live near downtown and love the area, and I see all of these changes as major improvements to the city. I struggled to find an affordable place to live. I sincerely believe low-income housing will greatly benefit this part of town. Further, I personally have experienced the fire department "back ups" and I know how much the city would benefit from having an area for pull-through access. It is absolutely not ideal to have a fire engine have to go through the tedious "backing up" process when urgent help is needed in an emergency. I understand the support from the city that this plan may require, but as a devoted Iowa City resident, I strongly believe these improvements will be worth the costs. Thank you so much for you time- I appreciate all you do for Iowa City. It truly is a great place to live. Sincerely, Rachel Clark Graduate Student Neuroscience University of Iowa Julie Voparil From: Kristin W ildensee <kkwildensee@gmail.com> Sent: Saturday, January 21, 2017 1:27 PM To: Council Subject: Please vote yes on Plan B Dear City Council members, I am writing to encourage you to vote yes on the Plan B option for redeveloping the block between Gilbert and Van Buren that includes the fire station. As I understand it, this plan will allow extensive updates to the fire department, offer much-needed low income housing in the area, provide tax revenue and preserve the old UU Society building, which is a piece of Iowa City history. This plan seems to encompass many benefits and I hope you will vote yes. Thank you for all your work in considering the options for this parcel. Kristin Wildensee Julie Voparil From: Jessica Green <jgreenphoto@gmail.com> Sent: Monday, January 23, 2017 9:32 AM To: Council Subject: Please vote yes to Plan B! Please vote yes to Plan B on Jan 31 st! This is so important. Low income housing in the area is vital and would be such an asset to the community. This plan also upgrades the fire department building to a pull through where traffic will no longer be impacted. Jessica McCusker Julie Voparil From: amatkinson@mchsi.com Sent: Friday, January 20, 2017 8:16 PM To: Council Subject: 10 South Gilbert building Attachments: Dear Iowa City Council members.docx Dear Iowa City Council members, First, thank you for the work that you do. Few of the decisions that you are called to make are simple and uncomplicated. With my family, I have lived and worked in Iowa City since 1972. During that time we have seen many of the buildings that were here in 1972 and earlier, torn down to be replaced by newer and often less interesting buildings. With the historic Unitarian church building at 10 South Gilbert, the Council has a chance to make a decision that will retain a historic building, while providing more low cost housing, and that will make life easier and more efficient for the Iowa City Fire Department. To me, this sounds like a total win-win decision for every one concerned. Please vote to accept the Plan B submitted by Jesse Allen that will retain the building at 10 South Gilbert, one of the few historic buildings left in this area of town. Yours truly, Alice M. Atkinson 219 Lee Street, Iowa City Dear Iowa City Council members, First, thank you for the work that you do. Few of the decisions that you are called to make are simple and uncomplicated. With my family, I have lived and worked in Iowa City since 1972. During that time we have seen many of the buildings that were here in 1972 and earlier, torn down to be replaced by newer and sometimes less interesting buildings. With the historic Unitarian church building at 10 South Gilbert, the Council has a chance to make a decision that will retain a historic building, while providing more low cost housing and make life easier and more efficient for the Iowa City Fire Department. This sounds like a total win-win decision to me. Please vote to accept the Plan B submitted by Jesse Allen that will retain the building at 10 South Gilbert, one of the few historic buildings left in this area of town. Yours truly, Alice M. Atkinson 219 Lee Street, Iowa City SG,� v, 1c f 7 Dear Iowa City Council members, First, thank you for the work that you do. Few of the decisions that you are called to make are simple and uncomplicated. With my family, I have lived and worked in Iowa City since 1972. During that time we have seen many of the buildings that were here in 1972 and earlier, torn down to be replaced by newer and often less interesting buildings. With the historic Unitarian church building at 10 South Gilbert, the Council has a chance to make a decision that will retain a historic building, while providing more low cost housing and that will make life easier and more efficient for the Iowa City Fire Department. To me, this sounds like a total win-win decision for everyone concerned. Please vote to accept the Plan B submitted by Jesse Allen that will retain the building at 10 South Gilbert, one of the few historic buildings left in this area of town. Yours truly, Alice M. Atkinson 219 Lee Street, Iowa City CJ aw♦I .1 Julie Voparil From: stephen locher <lochers@mchsi.com> Sent: Tuesday, January 24, 2017 2:25 PM To: Council Cc: stephen [ocher'; locherj@mchsi.com Subject: Letter of Support for City/Jesse Allan Construction Project Attn: Iowa City Council Members: We are writing to urge the members of the City Council to support on January 31� the proposed construction project between the City and Jesse Allen for the following reasons: • The project includes 15 low-income apartments, as well as townhouses. • The design of the project provides an appropriate transition zone between the high-rise downtown and residential neighborhoods to the east. • Upgrades to the fire department increase safety and efficiency in the dispatch and return of emergency vehicles. These upgrades are an appropriate cost for the City. Alternative development may preclude such upgrades permanently at this site. The downtown fire station provides essential protection to the many businesses (including restaurants and bars) and residences in the immediate area. • The historic old UUSIC church building will be preserved, offering repurposing options similar to the uses of Old Brick for services to the community. • The TIF grant is appropriate for the anticipated community benefit. Since the current property has generated minimal tax revenue for the city, there is an eventual gain to the City from building this taxable structure on this property. Thank you for listening to our input, Sincerely, Jan and Stephen Locher 839 Bluffwood Drive Iowa City, IA 52245 319-354-6260 lochersCo)mchsi.com locheri@mchsi.com Julie Voparil From: QUINNCRAWFORD@aol.com Sent: Wednesday, January 25, 2017 12:20 PM To: Council Subject: 10 S Gilbert We are writing in strong support of the Plan B development plan for 10 South Gilbert. The Fire Department needs the proposed improvements and the city can certainly use more low income housing. The tax revenue this project would provide is an additional benefit as well as the preservation of one of Iowa City's most unique historical buildings. Thank you for your support of this project. Ronald G. Crawford Judith L. Quinn 733 Galway Drive Iowa City, IA 52246 Julie Voparil Late Handouts Distributed From: Susan Boyd <slizboyd@gmail.com> Sent: Friday, January 27, 2017 3:56 PM To: Council Subject: Plan B for 10 S. Gilbert (EW) I am grateful to the city council, which has delayed its vote until Jan 31 in order to receive public output on Plan B. The city staff also deserves thanks for its hard work to make a Plan B that retains the fire department upgrades and even boosts the number of low-income apartments to 15. I urge you to vote YES for Plan B. The plan allows updates for the fire department, including the elimination of traffic back-up on Gilbert Street. By its very existence the former Unitarian -Universalist Society building on the property offers an appealing transition from the downtown area to the residential neighborhood area of Iowa City. It also is an excellent location for much-needed low-income housing. For all the above reasons, a YES vote on Plan B would enrich Iowa City. Susan K. Boyd Julie Voparil Late Handouts Distributed From: koberry@mediacombb.net Sent: Sunday, January 29, 2017 3:43 PM To: Council Date Subject: Support for Plan B development proposal. Dear City Council Members — I am writing in support of the proposed Plan B development plans for the block that includes the City government offices, fire station and the historic Unitarian Universalist church building. As a longtime member of the Unitarian Universalist Society of Iowa City, and the current president of the Board of Trustees, I hope for a plan that preserves that historic building even though it no longer meets the needs of our current congregation. This year as we celebrate the 175th year of our congregation in Iowa City we've been learning about the history of that particular church building and other churches in the downtown Iowa City area. If this development was proposed in a different block of downtown, I would be writing to ask that you do everything you can to preserve one of those other historic church buildings. Those buildings are an important part of Iowa City history. But it's about more than just a historic building. When I attended the work session on January 17, I was very pleased to see that the proposed Plan B includes a good number of low income housing units. That is something that is very much needed in Iowa City, and especially in the downtown area. I am concerned that those low income housing units will not be built in that block if this proposal is not approved. I share the concerns some of you expressed about the cost of completing the new fire station bays. Perhaps there is some further negotiation that could take place about that. But I ask you to look at the big picture, further into the fixture, for what will be gained by the current Plan B proposal to develop that block of downtown Iowa City. I ask you to please give this careful consideration and make a choice that is good for our community in the long run. Please support the Plan B proposal at your work session on Tuesday, January 31. Thank you very much for your time and consideration, Kelly O'Berry Cell: 319-541-0326 Julie Voparil Late Handouts Distributed From: Gail G <gailathome1420@hotmail.com> Sent: Sunday, January 29, 2017 10:44 AM i 30 1 I To: Council !Date t� Subject: project on the block in downtown Iowa City at Gilbert and Iowa Ave. tear City Council Members: I want to thank you for your time and energy as you guide us into our future. It must be difficult for you to make all those decisions that impact our future. It has come to my attention that you are considering a plan for the area surrounding the fire station and the Historic Building that once housed the Unitarian Universalist Society of Iowa City Congregation (10 S. Gilbert). I am writing to you to ask you to consider voting for Plan B. The reason I think it is such a good idea is that the fire station will get upgrades that it badly needs to keep up with a growing city. Pull- through access seems especially important so as the city population increases traffic will not be held up waiting for fire trucks to park. If we take this opportunity away, then what for the fire department? Add itionoIly, our community gets the low cost housing that it badly needs. And, the community's history is not lost for future generations to enjoy, by tearing down the historic church. Surely, we can come up with a viable plan that allows fire station expansion, housing for people who have less income and we get to keep our historical buildings for generations to come. Iowa City has always been a city with character. I don't want us to lose sight of that as we grow larger. Thanks again for all that you do for Iowa City so that we can have a sunny tomorrow. Sincerely, Gail Garwood Iowa City Resident 1 Julie Voparil Late Handouts Distributed From: Miriam Kashia <miriam.kashia@gmail.com> 1 Sent: Sunday, January 29, 2017 10:22 AM 3 o I I To: Council Subject: Vote "yes" on plan B (Date) To the members of the Iowa City Council RE: Upcoming vote on project Thank you for your careful and lengthy deliberations about the property at Gilbert and Iowa Ave. It has undoubtedly been a complex and difficult process. I urge you to approve the proposed Plan B as it will: • Allow an aesthetic transition from the higher downtown buildings to the surrounding residential neighborhoods. . Give extensive updates to the fire department. . Eliminate traffic backups on Gilbert Street with fire department pull-throughs. . Offer low-income housing, which is so desperately needed in the area. . Provide much-needed tax revenue. . Preserve the old Unitarian Universalist Society building, which is an iconic piece of Iowa City history. This plan will best serve our community in so many ways. Thank you as well for your ongoing work for thoughtful community development and for a sustainable Iowa City. It is greatly appreciated! Miriam Kashia Julie Voparil From: Nik Jakob <niklausJakob@gmail.com> Late Handouts Distributed Sent: Monday, January 30, 2017 12:12 PM To: Council Subject: Please vote in favor of Plan B Dear Council Members, (Date) I urge you to vote in favor of Plan B at tomorrow's council meeting. Your support for Plan B will • Allow an aesthetic transition from the higher downtown buildings to the surrounding residential neighborhoods. • Give extensive updates to the fire department. • Eliminate traffic backups on Gilbert Street with fire department pull-throughs. • Offer low-income housing, which is so desperately needed in the area. • Provide much-needed tax revenue. • Preserve the old Unitarian Universalist Society building, which is an iconic piece of Iowa City history. Thank you very much for considering. Sincerely yours, Niklaus Jakob Nik Jakob (319)631-8126 Late Handouts Distributed Julie Voparil From: Linda S. Fisher <linda7484uu@msn.com> Sent: Monday, January 30, 2017 9:01 PM To: Council Date Subject: In favor of Plan B Dear members of the City Council, Having read the goals and projected effects of Plan B for the changes that can be brought to the Iowa City block that is home to the main Fire Department building, the historic former Unitarian Universalist sanctuary, and many parking spots that could be more efficiently housed along with the addition of some much-needed low-income housing, it is with great hope that I urge your positive vote for Plan B. There are so many good effects that can be achieved from it. As a player with the New Horizons Band, a couple of times I witnessed at the parking ramp across the street, either after or before a rehearsal, the challenges that exist for the fire department personnel in returning those important fire trucks to the safe haven of the current location. It will be wonderful if Plan B can provide the much safer and more efficient housing of the trucks in a drive-through design, along with improved fire department offices and on -duty personnel housing. Considering the downtown need for more housing for financially challenged people, this would seem a very commendable location for such apartments, especially for seniors, who have a fairly low profile in this college city. And saving a clearly historically significant building --I think there are VERY few built and still standing in that rare architectural style --should be an extremely important goal for a city that prides itself on retention of such historical standouts. Taking the very positive effects of these and other goods put together in Plan B, I strongly hope that you can find a way to utilize Plan B to maximize the goods possible in significant changes for this important block in downtown Iowa City. Best wishes to all, Linda S. Fisher Late Handouts Distributed Julie Voparil From: Pam Michaud <iowastay@gmail.cwm> Sent: Monday, January 30, 2017 10:31 PM l� To: Council (Date) Subject: UUSIC at 10 S. Gilbert St. a local landmark Please preserve and repurpose the 1906 UUSIC sanctuary at 10 S. Gilbert St. The church has all original architecture and has been the discussion place and leadership for many historic movements: suffrage, civil rights, Environmental issues, women' and reproductive rights, outreach to impoverished populations here and abroad, etc. Please consider making the 10 S. Gilbert church a Local Landmark. It could be repurposed as an Iowa City Visitors' Center, selling tickets to Englert, Hancher, etc. directing visitors to local interests,welcoming and orienting prospective employees' families to local resources. hosting local art exhibits and sales by artist volunteers. Thank you for all your work to make Iowa City a Just City, Pam Michaud 319-530-7445 109 S. Johnson St. Iowa City, IA 52240 Julie Voparil Late Handouts Distributed From: Beck, Philip R <philip-beck@uiowa.edu> Sent: Tuesday, January 31, 2017 12:33 PM To: Subject: Council // ,��a�`` Please Vote Yes for Plan B and save the historic Unitarian-Universa(WWrch Hello, I'm writing to ask you to vote yes on Plan B for the development of the block behind the downtown fire station and the former Unitarian Universalist church at 10 S. Gilbert St. If you vote no, the church is in danger of being torn down by Jesse Allen, the developer who purchased this property in 2015. It would be a tragedy if the city did not save such a beautiful and unique building. It was dedicated in 1908 as the first church built specifically to house the Unitarian Society of Iowa City, which had been founded in 1881. Because Unitarians and Universalists merged in 1960, the Society dates its presence in Iowa City to 1841 when the first Universalist congregation was formed. The 108 -year-old building at 10 S. Gilbert, therefore, represents 176 years of continuous religious activity, among the city's oldest religious traditions. If this doesn't distinguish it enough, consider the building's architecture, which is distinct from all other churches that were part of the downtown in 1908. The design was adapted by Boston architect Edwin J. Lewis, Jr., from a 1902 booklet, "Plans for Churches," published by the American Unitarian Association (AUA). It is deliberately simple and unadorned, eschewing traditional church features such as a steeple and a formal arched doorway. The style draws from medieval English parish architecture with elements of Tudor Revival. The false buttresses and small roof windows are rare and unique to this church, according to UU historian Rev. Stefan Jonasson. The impact it had on the community was immediate. Because of its modest look and the intimacy of its interior spaces, a local newspaper reported that the new church was known in the community as "the little church that looks like a house." Today, very few Unitarian structures like it remain, since congregations stopped using "Plans for Churches" after World War I. The Iowa City church is therefore one of the last representatives of this style of architecture in the whole country. For all these reasons, it's eligible for historic landmark status. We cannot allow so significant a building to be torn down when an opportunity to preserve it is so close at hand. The city would lose a significant piece of its history and we would all be diminished as a community. Please vote yes on Plan B and keep this from happening. Thank you for your consideration. Sincerely, Phil Beck 109 S. Johnson St. Iowa City, IA 52240 Julie Voparil Late Handouts Distributed From: Ginalie Swaim <ginalieswaim@me.com> Sent: Tuesday, January 31, 2017 1:45 PM /91112 To: Council Subject: Why the Unitarian Church is Historically Significant (Date) City Council: I apologize for this very late correspondence. I just realized that I would not be able to address the council because it is a work session. Thank you for your careful consideration of the Allen project and the future of the Unitarian Universalist Church. I greatly appreciate the extra time and effort that city staff and Mr. Allen have poured into revising this project into Plans B, C, and D. And I applaud everyone for prioritizing the preservation of the church building, which the Historic Preservation Commission has urged since March 2015. The Unitarian Universalist church building is historically significant, on a local and national level, because of its association with Eleanor Gordon, one of about twenty female Unitarian ministers between 1880 and 1930 who pioneered new ideas in Unitarian ministry and church architecture in the West and Midwest. According to Professor Cynthia Grant Tucker, the Iowa City church was one of several churches associated with this "clerical sisterhood," who "viewed their sacred space from a woman's perspective," and rejected imposing and inspiring Gothic church architecture more often seen in the East. Eleanor Gordon was the Iowa City Unitarian minister from 1986 to 1900, before the new church was built. But in her later position as Iowa's Unitarian Association field director, she helped acquire the property at the corner of Iowa and Gilbert, helped place in the pulpit someone whose believe in a simpler church architecture echoed hers, and closely supervised the building of the church in 1907- 1908. According to Tucker, Gordon was "hardly prepared to let just any sort of building be put up" on the lot. For the Iowa City church, Tucker tells us, Gordon and the new minister agreed that "there should not be a steeple, and homely touches—dark open beams against white walls, fireplaces upstairs and down, and leaded window panes with amber glass—should take the place of ecclesiastical ornament. They also agreed that the church, which required a seating capacity of some three hundred, should be built as economically as possible.... [And] that, even where there was a man in the pulpit, the church was a place where women worked, too. There would have to be space for a `good sized kitchen' and ample areas for socializing, guild rooms, parlors, and fireplaces, all arranged in the interest of family togetherness and comfort." This simple building, which has been part of a busy downtown streetscape for more than a century, manifests an exciting and important chapter in the history of women, architecture, and religion. Itshould continue to be part of our community and I ask that your vote tonight ensures that. Sincerely, Ginalie Swaim Chair, Iowa City Historic Preservation Commission Julie Voparil Late Handouts Distributed From: Ginalie Swaim <ginalieswaim@me.com> Sent: Tuesday, January 31, 2017 1:39 PM 1� I h To: Julie Voparil Cc: Geoff Fruin (Date) Subject: Unitarian Universalist Church and the Allen Project Dear City Councilors: Thank you for your careful consideration of the Allen project and the future of the Unitarian Universalist Church. I greatly appreciate the extra time and effort that city staff and Mr. Allen have poured into revising this project into Plans B, C, and D. And I applaud everyone for prioritizing the preservation of the church building, which the Historic Preservation Commission has urged since March 2015. The Unitarian Universalist church building is historically significant, on a local and national level, because of its association with Eleanor Gordon, one of about twenty female Unitarian ministers between 1880 and 1930 who pioneered new Ideas in Unitarian ministry and church architecture in the West and Midwest. According to Professor Cynthia Grant Tucker, the Iowa City church was one of several churches associated with this "clerical sisterhood," who "viewed their sacred space from a woman's perspective," and rejected imposing and inspiring Gothic church architecture more often seen in the East. Eleanor Gordon was the Iowa City Unitarian minister from 1986 to 1900, before the new church was built. But in her later position as Iowa's Unitarian Association field director, she helped acquire the property at the comer of Iowa and Gilbert, helped place in the pulpit someone whose believe in a simpler church architecture echoed hers, and closely supervised the building of the church in 1907- 1908. According to Tucker, Gordon was "hardly prepared to let just any sort of building be put up" on the lot. For the Iowa City church, Tucker tells us, Gordon and the new minister agreed that "there should not be a steeple, and homely touches—dark open beams against white walls, fireplaces upstairs and down, and leaded window panes with amber glass --should take the place of ecclesiastical ornament. They also agreed that the church, which required a seating capacity of some three hundred, should be built as economically as possible.... [And] that, even where there was a man in the pulpit, the church was a place when; women worked, too. There would have to be space for a `good sized kitchen' and ample areas for socializing, guild rooms, parlors, and fireplaces, all arranged in the interest of family togetherness and comfort." This simple building, which has been part of a busy downtown streetscape for more than a century, manifests an exciting and important chapter in the history of women, architecture, and religion. Itshould continue to be part of our community and I ask that your vote tonight ensures that. Sincerely, Ginalie Swaim Chair, Iowa City Historic Preservation Commission ,.,ate Handouts Distributeo Julie Voparil From: AIIanRJordison <arjordison76@gmail.com> Sent: Tuesday, January 31, 2017 2:25 PM To: Council (Date) Subject: The Historic Church at 10 S. Gilbert I am sending this E-mail in Lieu of Going to the Iowa City council meeting tonight, presumably taking place @the LC.Civic Ctr. I and many people I know are In Favor Of PLAN B - Which would preserve our historic church:(Est.1908). PLAN B would not only preserve the oldest part of the church, but would provide for the I.C.Fire Dept.to expand in the remaining space AND Provide for several Low -Income Housing spaces in the future! PLEASE Consider Voting YES on PLAN B and protect this invaluable space for Now and for the Future!!! Sincerely, Allan Jordison 301 Willowind Pl. Iowa City 52246 Pages 14 - 16 were redacted due to confidential information FILED From: Adil Adams regarding individuals reports American Taxi Cab and Driver's License information. To: City Council F15 0 7 2016 Work Session Tuesday February 7`", 2017 City Clerk Iowa City, Iowa Dear;City Council: Thank you for responding to my comments that I had made it to you on January 3, 2017meeting.1 want let you that I am not satisfied with your resolution unfornutely, the city council do not know all the fads regarding this mater. • As you know Mr: Gasmelseed had self-employment income as he mentioned in his application to public housing authority.. Mr.Gasmaelseed's name was not on the taxi's drivers list because the city clerk withdrew his badge from him personally and notified him not to drive taxi anymore because his driver license was suspended. American taxi company notified Mr Gasemiseed not to drive with American taxi any more as well. • The city clerk did not revoke or stop the taxi's license for Mr;gasemelseed therefore, he has the right to hire any other driver to drive his taxi until he get his badge in the future. • The city attorney doesn't have any evidence that American taxi allowed Mr:Gasemelseed to drive with American taxi but the city attorney assuming or imagining that. Mr.Gasameseed provided three documents purporting to show his "taxi cab income for the months July, August and September. I signed with him after he signed before me. He told me this income according to his timesheets. I personally seen others drives drove his taxi sometimes on the game days. The income was reasonable for taxi income on the football games session I have never ever seen Mr.Gasamelseed drives his taxi with the passengers inside his taxi no other driver reported to me that Mr.Gasmelseed driving American taxi cab with the passengers .Mr.Gasamelseed owns the taxi since 2015 he has the key and he lives in Penton Drive which is far from the owner of the company. The city clerk withdrew Mr.Gasmelseed badge however the city clerk did not withdrew his taxi's decal ( taxi's license) from him therefore Mr. Gasmelseed has the right to hire any other drivers to drive for him and this exactly what was happened on this case to generate income to support his family and his children the regulation not prohibit him to do that. If the City Attorney and city Clerk and both they know this facts and Mrs.; Julie knew that and she didn't even explained to the judge in the court room. City attorney and SSgt>Frank took it personally and both run after my company for years to get rid of it and this is consider discrimination , racism I and haleness only I believe Sgt. Frank know me very well for many years. He came to my apartment more the fifteen times to handle me some cations. Last two citations he came to my house three times in one day asked my family that he want to see, just to hand me the cations. Also Sgt.Frank last year called me on the company's phone, before we answer the phone, the line cut off. After two minutes Sgt.Frank knock my door, my wife opened the door and he said " I called the company phone twice nobody respont ". My wife tld him that was not true she told him " you called only one once and you cut off the line before we reach the phone " Sgt. Frank said to her" if you argue with me I will arrest you". Then he left .However, This behavior consider to be double standard since Sgt. Frank know my house and he can come personally to handle me cations why not he can come to my house and discuss the matter with me or come and ask me to visit him at the police station to discuss the matter with me if he has a matter because sometime the company phone not working or frozen. And the police have a car not put the gas out of his pocket and I don't think he was busy enough not to come to my house or any house if he has an emergency or any other matters. The cation issued to American taxi cab Section 5-2-2E was unfair, unjustly for allowing a person to drive a taxi without authorization the city attorney did not present any single evidence that American Taxi company allowed Mr.Gasmeseed to drive .At the court room, the city attorney presented very poor case to the court and despite that she won the case. For my side I presented very strong evidence supported with documents shows that American Taxi did not allowed Mr:Gasemelseed personally to drive and I lost because I am black Muslim Immigrant and my opponent was the city attorney this is how the judiciary system is works in America.( No justice in America) howler would be better case for the city attorney if she let sg. Frank go out and follow and catch Mr. Gasmelseed while he was driving his taxi as the city attorney claims.. And Mr:Gsmeseem personally met with the City attorney in her office and explained all this facts to her a month before the hearing date and Mr. Gasmeseed told me that "I made a deal with the city Attorney but he did not told me exactly what was the deal was? That why Mr.Gasmeseed did not appear on the hearing day. so he can reveal all the facts and the city attorney will lose her case definitely. It happened several times American Taxi Company being called by the city clerk ordered him to go to the police station tp pick up a citation. Why the city attorney just worried about this $25.00 not worried about $335.001 paid before. I think fee approximately $25.00 is not a big deal for me to paid since I can pay the citations for a $100.00 plus $ 85.00 court fees and some citation with $250.00 plus $85.00 court fees the total around $335.00 for unjustly citations rather than the police officer come to my house three time a day annoying my children with his car and gun and knock my door to hand me a citation I do not think this behaver is fair. I have five Sudanese family living with me in the same building they think that I am a bad person and this what Sgt.Frank aims. I believe. City attorney and Sgt.Frank treat American taxi company unjustly unfair on several occasions and I want the city council to use their on judgement if the city attorney and Sg:Franks are racism or not? *last month the city attorney and city clerk issue me another unjustly despite I told them the owner of the car was out of the county and he will be back after two weeks despite that they issued me a citation with $335.00 for not returning the Decal within 48 hours. I went to the city clerk office before the 48 hours and T told Mrs. Julie that the owner of the taxi was out of the county and he will be back after ten or fifteen day . the new owner came back from Quarter and he brought the decal back I returned the citation to the city click to cancel it but they never returned the citation back to me back to me and they appear at the court and #�lt&� me with $335.00 this just showed the haleness towards me without any real It! FEB 072016 City Clerk Iowa City, Iowa RM *November 5, 2013 City Attorney, City clerk revoked American Tax Company unjustly because one of the new contractor delayed to returned the decal #330 within 24 hours so the City attorney and city clerk scheduled a hearing on November 13,2013 without notified me personally because the city attorney and city clerk wrote wrong zip code (she wrote 52240 and the right zip code is 52246) on the letter dated 11/182013 or serve the hearing letter to somebody else not me and why did not send this important letter by officer Frank to handle it to me like the citations as he use to do every time. Or to serve it to me by any other means. And of course they ruled against me and revoked my company license for five days that include weekends was the high season time each taxi driver makes around $500.00 every week so the company lost a round $20,000.00. Inaddison, for Sgt.Frank to enjoy the revocation of American taxi cab he took his knife out and wait for American taxi driver to show up at down town at the evening time because the city attorney and the city clerk notified the police and did not notified the American taxi cab company manager that the diction made to revoke the company.so Sg Frank after he stop the any American taxi driver he jumps inside the taxi and pull the decal( taxi license) with his knife personally that behavior definitely scared and astonish the drivers who do not know what was going on. Then one of the drivers called me on my phone around 9:00pm and told me about this behavior of the police officer then, I went to the police station at the city to find out about the problem because I did not received any notification from the city for the revocation neither for the hearing subdual, then the office at Washington st showed me the diction ,then I went back home and I called the 38 taxi's drives that not to go to work that night and the whole weekend until next Monday to find out about the problem. To get my taxi license back I contact the Press Citizen Newspaper. The press citizen contacts the city clerk and explained to them that the city clerk wrote wrong zip code on my address. To get my taxi license back Mrs.: Julie at the city clerk office forced me to write a letter to mention that the problem was not receiving the letter for the hearing schedule and the revocation of the company because the post office has bad service and she told me if I did not do that I will not get my taxi license back anyway so I did wrote exactly what she said because I do not have any choice I have to do that because I received a lot a pressure from all the other drivers who affected by this stupid diction. *Also On 2014 this time City attorney and FBI lunch investigation about sexual assault against unknown person .Also unjustly accused American taxi driver as the main suspects. While I was in the hospital that day I had appointment. I was doing eye exam at the eye clinic. One of the driver called me and told me the FBI come to his house last night and looking for him. The driver contact the FBI and the officer asked him to meet him at the Gas station (Klum&Go) on Mormon trek Iowa city at 2:oopm on Friday. I told the driver to go ahead and meat with this officer and I told him if something emergency I told him need to contact me immodestly. After half-hour after Jomaa prayer is done the driver told me that one of the FBI officers wants to talk to me personally. The officer comes to the eye clinic along with the diver Omer. I took a Permition from the nurse and I told the FBI want to talk to me about a serous matter met the officer who asked me several questions such as my name ,address and my phone number and I told him the city clerk has all this information and he asked me to come to after I done from the eye exam .I asked the officer what was the problem heVlmt pass any information to you right now. He took the driver with him to the police station and 1 FEa o 7 2016 City Clerk Iowa City, Iowa Z think he let him go home after five hours. Next day I met with this diver and he told me there sexual assault accusation. On the next day two FBI came to my apartment and requested the list of all American taxi drivers, I gave them the list of all American taxi drivers. FBI began to visit all these drivers in their homes humiliated them in front of their families such as stand up ,open your mouse or take your shoes off and another humiliation not related to the sexual assault. Sometime FBI come to my apartment 3:00 AM and knock the door asker another list of the drivers. This investigation continued for two weeks. One night teeny police officers stopped all American taxi drivers at midnight still they believe the suspect works with American taxi. The discerption of the suspect was none a white person only, there no any other information from the victim. The Fib search all the American taxi vehicle as well one day the police after two or three months the FBI caught the suspect works with another company called Sunrise taxi cab company owned by Vietnams person and the suspect I believe was mentally ill he use to touch the victims after she reached to her destination and scare her by running after her. Despite I told the FBI that no one off my driver can do that and I told them this suspect is definitely mentally ill but the FBI did not believe me and they treat me personally as a suspect person despite I was disable person. After three month the report of the investigation come out that investigation was a 200 hours Despite I have BSc degree in law, two associated degrees as a legal assistant and a master degree on business( MBA) but still I love my job as a taxi driver in Iowa city. I drive a taxi for almost ten year but the city clerk, the city attorney and Stg.Frank they do not want to leave me alone and instead of encourage small business to grow up and support it financially they trying to destroy my business by issuing me more than 16 citations all of them unjustly citations each citations a least cost me $185.00.the only reason because I imposed and I stand against this regulation because i believe this taxi regulation unjustly for small business and the taxi business now is completely dead especially after Upper inter the marketed free campus buses and free nite ride we struggle to pay our monthly premium for the insurance . I know the City attorny and Stg.Frank have influence upon the city manager but I will submit my problem to alla (my GAD) who will take care of me because Gad hates injustice action. Sincerely Adil Adams Owner of American Taxi company. Copy w/enc to: Geoff -City manager Julie Voparil-City Crelck The New Police Chief Derek Frank- Police Sgt Human Right Comission 0 FILED FEB 0 7 2016 City Clerk Iowa City, Iowa E -FILED 2016 DEC 12 8:27 AIA JOHNSON - CLERK OF DISTRICT COURT C [TAT tO 14 MUNICIPAL INFRACTION -CITY OF IOWA CITY ORDNANCEVIOLATION GnDIe6T 1, 0,—:Cc cZ S C, 0"10 0 15 THE Cr7Y OF IGa9k CITY, IOWA m DEI=RDF �T KARSk & 'at. Tg2 t-rh 1�At` F."trE:G��&i3 [i�rWll. Rzs�d4tC 1&6u,Ctty— Ik---- - My-$ ft bu t ZIP Tho ¢ndwal®ned stda that the Defendud did violate the Iovre OILY Code of Ordinances cm or arbour: _13,,., lot ! wit of Ma- Day Yr. Address of Vlolctlon t 2 6sr£eIE ntned tfiC.. rasa CHvjA. =W r}a Ddendacd herein d;d vbkdB Section 54-01 C.— of the Cods of Ordincnom atthe City of lovrm Citty, Iomt as follow: Defendert did not realm vahide Decal after vehdde was no larger Insured; p 2000 Dodge Grand Caravan CIVIL PENALTY AND COURTS COSTS TO BE PAID AT THE TIME AND RACE OF THE COURT APPEARANCE SHOWN ON THE CITATION PAYMENT MUST BE MADE BY CASH OR CHECK TO CLERK OF COURT, COURTHOUSE, JOHNSON COUNTY, IOWA_ CrYILPENALTYA68t3$ED: 1 250.00 COURTCOVM: t TOTAL' Defendant Is dhaeted to oonveJoeme the vlobNon as foliam RILED TO ANSWR THE CHRRGES ON THIS CTTATIOFI, YOU MUST APPEAR IN COURT ON FlE0 0 7 2016 01 1. O6 12017 at 8:00A,M, MCity Clerk Mm Day Yr. owa City, Iowa FNLUr& 70 APPEAR IN COURT VUHDUT 0006 CRUSE WILL RESULT IN JUDGEMENT FOR THE CML PENALTY ANO COUIM DOM AND AN ORDER TO CORRECTIAW" THE VIOLATIDto) OEM EVMPIED AMU'rYCU. The Wdsm4amia`fenffi tlmt Itrt mrSpm hsti�ni+m hvEi" taterL �s aa/ &YWEmP :�% Ta 2'�X,�°.,� TICWy b e e r& Mb. Dry Yr. E -FILED 2016 OCT 26 9:0)JOHNSON - CLERK OF DISTRLICf COURT MUNICIPAL INFRACTION CITATION �—( DOCKET NO. / C S% 0M l D THE CITY OF IOWA CITY, IOWA vs. DEFENDANT NAME: AMERICAN TAXI CAB ADDRESS: 2532 Barteit Road #1C Iowa City, IA 52246 The undersigned states that the Defendant did violate the Iowa City Code of Ordinances on or about: October 7, 2016 and October 18, 2016. Address of Violation 2532 Barteit Road #1C, Iowa City, Iowa Defendant herein did violate Section 5-2-3B1 of the Code of Ordinances of the City of Iowa City, Iowa as follows: The Iowa City Police Department telephoned the telephone number provided by Defendant on three occasions. Each time it went unanswered and would never accept a voice message. The three occasions were 1017/16 @ 0956 hours (9:55 AM), 1017/16 @ 1020 hours (10:20 AM) and 10/18/16 @ 1334 hours (1:34 PM) CIVIL PENALTY ASSESSED: $ 100.00 COURT COSTS: $—B6.00_ TOTAL: $ 185.00 Defendant is directed to correct/cease the violation as follows: Answer the telephone number and have a voice messaging system. COURT DATE. TO ANSWER THE CHARGES ON THIS CITATION, YOU MUST APPEAR IN COURT AT 417 S. CLINTON STREET, IOWA CITY, IOWA ON 11/16/16 at 8:00 A.M. FAILURE TO APPEAR IN COURT MAY RESULT IN JUDGMENT FOR THE CIVIL PENALTY AND COURTS COSTS AND AN ORDER TO CORRECT/ABATE THE VIOLATION(S) BEING ENTERED AGAINST YOU. The undersigned attests that the matters herein are1we and correct. By City Employee: Derek Fran Title: Sgt.,Police Dept. Dated: 10/21/16 Phone Number: 319/356-5275 Fr3U72016 My signature below acknowledges that I accept service of this municipal Infraction citation. MY signature is not a plea of guilty. City Clerk Iowa City, Iowa Defendant E -FILED 2016 OCT 26 9:1 p f t� �yN$pt� �t K OF DISTRICT COURT MUNICIPAL INFRACTION —CITY OF IOWA CITY ORDINANCE VIOLATION DOCKETNO._ TC C.z SC 0? l 3oq THE CITY OF IOWA CITY, IOWA vs. DEFENDANT NAME: American Taxi Cab ADDRESS: 2532 Barlett Road #IC Iowa City IA 52246 City State —Z -'P The undersigned states that the Defendant did violate the Iowa City Code of Ordinances on or about: July, August Septemberl2016 Mmtha Yr. Address of Violation Iowa City Defendant herein did violate Section 5-2-2-E of the Code of Ordinances of the City of Iowa City, Iowa as follows Taxi business allowed a taxi driver (Emadeldin Gasmelseed) without valid driver authorization to drive for his business. CIVIL PENALTY AND COURTS COSTS TO BE PAID AT THE TIME AND PLACE OF THE COURT APPEARANCE SHOWN ON THE CITATION PAYMENT MUST BE MADE BY CASH OR CHECK TO CLERK OF COURT, COURTHOUSE, JOHNSON COUNTY, IOWA CIVIL PENALTY ASSESSED: ; toO.oD COURT COSTS: 8 85.00 TOTAL: $ 185.00 Defendant Is directed to correct/cease the violation as follows: Do not allow this person to drive for company.. TO ANSWER THE CHARGES ON THIS CITATION, YOU MUST APPEAR IN COURT ON F I L E 11 t 16 1 16 at 8:00 A.M. Mo. Day Yr. U?1 ICG 0 7 2016 FAILURE TO APPEAR IN COURT WITHOUT GOOD CAUSE WILL RESULT IN JUDGEMENT FOR THECML PENALTY AND k COURTS COSTS AND AN ORDER TO CORRECT/ABATE THE VIOLATION(S) BEING ENTERED AGAJNST YOU. OWa The underslaned attests that the matttem herein are true and oome--L By City Employee: ///'Li4t� a/7C r_Title: Dated: Phone Number..) G— ✓r Uhl Mo. Day Yr. E -FILED 2016 DEC 12 9:27 AM JOHNSON - CLERK OF DISTRICT COURT I CITATION L MUNICIPAL INFRACTION—CITY OF IOWA CITY ORDINANCE VIOLATION DOCreT leo. =C cr 5 G 0010 D 15 THE CITY OF IOWA CITY, IOWA vs. DEFENDANT NAME: Acladcan Ted Cats ADDRESS: 25$2 BarAdt Road 6lC. lovta City IA 52245 city State ZIP The undersigned states that the Defendant did violate the Iowa City Code of Ordinances on or about: _12 109 f 2049 at _B:90 X A.M. PJM. Mo. Day Yr. Address of Vk9atien 2532 Bartell Road 01 G Iowa CIbG IA 52245 Defendant herein did violate Section 55-2-5(F) of the Code of Ordinances of the City of Iowa City, Iowa as follows: Defendant did not return vehicle Dewl ager vehicle was no longer Insured: FILED 2000 Dodge Grand Caravan FEB 0 7 2016 City Clerk Iowa City, Iowa CIVIL PENALTY AND COURTS COSTS TO BE PAID AT THE TIME AND PLACE OF THE COURT APPEARANCE SHOWN ON THE CITATION PAYMENT MUST BE MADE BY CASH OR CHECK TO CLERK OF COURT, COURTHOUSE, JOHNSON COUNTY, IOWA CIVIL PENALTY ASSESSED: s 250.00 COURT OOSTa: F TOTAL, f Defendant Is directed to corredlcesse the violation as follows: TO ANSWER THE CHARGES ON THIS CITATION, YOU MUST APPEAR IN COURT ON 01 1 06 12017 at s:oo Am. Mo. Day Yr. FAILURE TO APPEAR IN COURT WITHOUT GOOD CAUSE WILL RESULT IN JUDGEMENT FOR THE CML PENALTY AND COURTS COSTS AND AN ORDER TO CORRECTIABATE THE VIOLATION(S) BEING ENTERED AGAINST YOU, The wdemignad attests that [he matlera )herainn are trueandcarJred. By City Employea: �®° �/ Ji 7tgnzl/ TIUD:�S / Dated: o�J11 B/ ne PhoNumber. J -%�i — 5'o f<i Mo. Day Yr. �l E -FILED 2016 FEB 19 8:22 AM JOHNSON - CLERK OF DISTRICT COURT 07 CITATION MUNICIPAL INFRACTION— CITY OF IOWA CITY ORDINANCE VIOLATION THE CITY OF IOWA CITY, IOWA vs. -DEFENDANT KAM.E: Atltrrlo -n Ttd Cat low& City IA Mfg Cry etaoe Z, The undersigned statas that the DaiarMsnt did viciate the l0wa City Cods of Ordinances on or about: 021 14 12016 at HK —X—AX. _FAIL Ma. Day Yr. Address: of Violation 2532 aertaht Road S1 C Idea CRv. L4 6224$ Defendant heroin did violate Section 52-3 A. 5236, 52-381 OFt o Coda of Ordinances of the Cih• of Iowa City, Iowa as follows: 1) Defendant did not maintain Manifest Lops. [5-23 A] 2) Defendant did not provide Information on driver or vehicle In question to the I.C. Police Department. [5-23 B] 3) Defendant DID NOT answer the business phone. (Telephone listed must be answered 24 hours a day, seven days a week.) [5-2-3B, 1] CIVIL PENALTY AND COURTS COSTS TO BE PAID AT THE TIME AND PLACE OF THE COURT APPEARANCE SHOWN ON THE CITATION PAYMENT MUST BE MADE BY CASH OR CHECK TO CLERK OF COURT, COURTHOUSE, JOHNSON COUNTY, IOWA. CIVIL PENALTY ASSESSED: f 163.x5 COURT COSTS: t TOTAL: f Defendant Is directed to conuftesse the violation an follows: Maintain Manifest Lops, provide information on driver and vehicle to City wherF I L E D requested, answer business phone. FEB 0 7 2016 TO ANSWER THE CHARGES ON THIS CITATION, YOU MUST APPEAR N COURT ON City Clerk 3 —4 1 Ito at e:00A.NS. Iowa City, Iowa Mo. Day Yr. FAILURE TO APPEAR IN COURT VIATHOUT GOOD CAUSE WILL RESULT IN JUDGEMENT FOR THE CML PENALTY AND COURTS COSTS AND AN ORDER TO CORRECT/AGATE THE VIOLATION(s) BEING ENTERED AGAINST YOU. The undwelened etlesfe. thef the madam herein are true and wane Fly Cly Einylcy' ::J?4r—x� Dele;.i:11_(Lj.Aijj;; Phone Nmbar .5 Ir LSO. Day Yr. E -FILED 2017 JAN 09 9:2iCA JOHNSON - CLERK OF DISTRICT COURT IN THE IOW DISTRICT COURT IN AND FOR JOHNSON COUNTY IOWA CITY 1 065211CCISC090015 vs. I MUNICIPAL INFRACTION Mt4 AMERICAN TAXI CAB RECORD OF APPEARANCE, DISPOSITION AND ORDER INITIAL APPEARANCE: Defendant fails to appear. The Court hereby enters the following Order: Defendant having been called throughout the Courthouse and not appearing, Defendant's failure to appear is entered of record and Judgment thereon is entered. PENALTY: Upon Defendant's failure to appear, the Court enters the following judgment: CIVIL PENALTY $250, plus COURT COSTS $ 85 for a total of $335, plus any additional fees for service. Payment due to the Clerk of Court by 2/11/17. FILE® FEB 0 7 2016 City Clerk Iowa City, Iowa 1 of 2 E -FILED 2017 JAN 09 9:24 AM JO 4NSON - CLERK OF DISTRICT COURT State of Iowa Courts Case Number Case Title ICCISCO90015 IOWA CITY V. AMERICAN TAXI CAB Type: Other Order So Ordered Elomonically signed on 2017-01-09 09:24:32 Magistrate hark Thompson, Sixth Judicial District of Iowa FILE® FEB 0 7 2016 City Clerk Iowa City, Iowa ii 2of2 0 /o RETURNED TAXICAB DECAL, ACKNOWLEDGEMENT LEDGEMENT The following (0` 'L decals have been returned by a VVI -v- c syr 1 -- (Color) (Taxi Business Name) Decal Numbers: Printed Name of Person returning decal: L 4\r) Y*V vy1 Signature of Person returning decal: ��(_ / � (affix decals to sheet; file stamp and initial; provide copy to person returning decal) Rev6/14 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5040 • FAX (319) 356-5497 FILED LLJ FED 072016 .j o City Clerk ti Iowa Cit Iowa Y. m C1J Rev6/14 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5040 • FAX (319) 356-5497 -4 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5040 (319) 356-5497 FAX 1 2. 3. IDENTIFICATION NO. (Office Use Only) rIt APPLICATION FOR TAXICAB / MOTORIZED PEDICAB VEHICLE DRIVER (Police Department review must be made between 8 a.m. to 3 p.m., Monday — Friday) Failure to complete the "required" information will result in denial of the application First Name (REQUIRED) Address (REQUIRED) Contact Information (REQUIRED) Email: (All written communication sent via email) 4a. Driver's License expiration date (REQUIRED) b. Taxicab Business Name (REQUIRED) 5. Prior experience in transportation of passengers: Last Cell Phone: 6. Have you ever been arrested/ charged with any misdemeanors and/or felonies in this State or elsewhere? Type of offense Where When What happened to the charge? (Circle one) Convicted Dismissed Deferred Suspended Plead Guilty Other 7. Have you been arrested / charged with any traffic offenses in the last five years? Type of offense Where When E 91 What happened to the charge? (Circle one)Gov - Convicted Dismissed Deferred Suspended Plead Guilty Other Has your driver's license or chauffeur's license been suspended or revoked in the last five years? _ Type of offense W here When 9. Have you ever applied to be an Iowa City taxi driver using a different name? If yes, please provide the name(s) DEPARTMENT OF CRIMINAL INVESTIGATION (DCI) REPORT AND STATE CERTIFIED DRIVING RECORD MUST ACCOMPANY THIS APPLICATION FOR POLICE CHIEF REVIEW You must apply for an individual Department of Criminal Investigation Report (form available upon request). (SECOND PAGE FOR REQUIRED SIGNATURE AND NOTARY) 07/2016 - i r CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 Q 19) 356-SO40 Q 19) 356-5497 FAX 1. Name (REQUIRED) . 2. Address (REQUIRED) IDENTIFICATION NO. (Office Use Only) V APPLICATION FOR TAXICAB l MOTORIZED PEDICAB VEHICLE DRIVER (Police Department review must be made between 8 a.m. to 3 p.m., Monday — Friday) Failure to complete the "re uired" information will result in denial of the application First Middle Last 3. Contact Information (REQUIRED) Email: (All written communication sent via email) Cell Phone: 4a. Driver's License expiration date (REQUIRED) b. Taxicab Business Name (REQUIRED) 5. Prior experience in transportation of passengers: 6. Have you ever been arrested/ charged with any misdemeanors and/or felonies in this State or elsewhere? _Tyne of offense Where When What happened to the charge? (Circle one) Convicted Dismissed Deferred Suspended Plead Guilty Other Have you been arrested / charged with any traffic offenses in the last five years? Type of offense W here q L E 916 What happened to the charge? (Circle one) snCity Clerk Convicted Dismissed Deferred Suspended Plead Guilty ID�7f�iePty, IOWA 8. Has your driver's license or chauffeur's license been suspended or revoked in the last five years? Type of offense Where When 9. Have you ever applied to be an Iowa City taxi driver using a different name? If yes, please provide the name(s) DEPARTMENT OF CRIMINAL INVESTIGATION (DCI) REPORT AND STATE CERTIFIED DRIVING RECORD MUST ACCOMPANY THIS APPLICATION FOR POLICE CHIEF REVIEW You must apply for an individual Department of Criminal Investigation Report (form available upon request). (SECOND PAGE FOR REQUIRED SIGNATURE AND NOTARY) 07/2016 r�r �LwM11V1Y rum IAx.IL;Ab VtHIGLt DRIVER ' Page 2 �3 I hereby certify that I have issued to me by the Iowa Department of Transportation a valid Driver's license number issued on expiring on I understand that if I falsely answer any questions in this application, that this application may be denied. I agree that in making this application, I consent to allow agents or employees of the City of Iowa City, Iowa, in their discretion, to examine any and all records and documents relating to this application, and I further agree that, if authorization to be a taxicab driver is granted, to comply at all times with all of the provisions of Title 5, Chapter 2, of the City Code. (Needs to be signed In front of a Notary Public) Signature of Applicant Date !!f!f!M!!M!!'kfflflfM!!1!f!!M!!!4'flfYll'f'tri'!f!!f Mf'lMMlMY!l11,4f1yy!liMlf:fMlMlf!!f!!!fllfff ftMtM!!!�kllMffflYfefllRfRllMle}l4yffyfQfll{!y STATE OF IOWA ) COUNTY OF JOHNSON ) Subscribed and sworn to before me by .!!..!l....l...fl..,,,, on this day of Notary Public in and for the State of Iowa I have reviewed this application, DCI report, and the State certified driving record of this applicant and have determined that there is no information which would indicate that the issuance would be detrimental to the safety, health or welfare of resi- dents of the City of Iowa City (Title 5, Chapter 2, City Code). Expiration date of Driver's license Signature of Police Chief or designee Date AFTER APPROVAL BY THE CITY CLERK YOU ARE AUTHORIZED TO DRIVE A TAXICAB IN IOWA CITY FOR NO MORE THAN ONE YEAR FROM THE DATE LISTED BELOW. Signature of City Clerk or designee Date lIYYI!!!!!!f!llf4f!!1-f!!f1-!'flYi!llflf!llttM!ll.tk!llfM1!llltYlltlif!!!µf!!!!.y!!�y!! f1f!!!!t!!!f-kMIM!l4lkf!l1k11! Office Use Only Approved application DCI report State certified driving record Website update ClarkrrMIDRV DGEAPPL92019am ded.DOC FILE® FED 0 7 2Qi6 - City Clerk Iowa City, Iowa 07/2016 � ILy vi IUWd � ILY I v �- OW f7 Page 1 of 3 }.f}...//n n. m.......n ..:a...._..1:.... •.../..__.. /a....: IL..______ .l _a__� __..nv_�� .. r. r..n. i O)a Page 2 of 3 ct I ICgov.org vuons e1M vew 1 .I9.eeesovrcCovnm Ph9 ,131-1355000 Emervencv Lrnkalron Svzlem'RI IPnvacv fI 16-173 m•d., I ssu, jWarranties and disclaimers dian9ryAlodelgados F 'Adil Daourl I 16-185 Mohametl i I 8ak1i Mohamed Elamin t I 1&193 Wall 1 I iMohammed Elgaalr I 16-195 Amer 1 I I IElmuslala E19 0rashl i I I I 16-183 Mohamed (Awad Hassan I I I I 16174 Ahmed I I 1 IHassan Ismail O)a Page 2 of 3 City of to City - 410EN'aahm nSL. Iowa Cil,, `A 52 40 Ph9 ,131-1355000 C9nacI 1h,,w ti cepo9k f 16-173 Ins mkedm BfkkgDAi G99oler x . C9yyn9hl e, 2+�r`�C1'an 9112017 I ?' 922017 I t B12512017 1/162017 813012017Aft ':a'I 'I 16-190 Mahmcud jA Mohamed 9/2/2017 A oil; 16-173 Ismail i Mohamed Bakheil 6,02017 IL 16-198 Saml IAhmetl Mohammed Nour :9/82017 rr3t sr. r r 16-194 Mohamed iAli Sheri 922017 I 1 Ir 16-208 Luay I Abuelgasim Yagoub Mohammecali 9119/2017 +;G 1 Ilsmall 16-224 Mohamed Hamid Hussm 6/282017 httn•//xxnxnx] in.xra_ a ......./:,.,. ..7 __ 1.__-: "----:. 1 1 ... - . _ r 16-237 Nagm-Il Mohamed Salih 8142017 i i I. 16.213 AbtleVehman Abtlalla Al, Hamed 51282017 16-241 Mogahed Mehl Alhassa Hamad 101212017 _ I T _ 16-232 Ematl El Dine 'Baine Ahmed 9112017 - J� 16-235 Mahmood Ba.h,, Ellyab 312012017 12, 4 3 *F"r�.vk✓a>.n,-=w,. ;�>fiv'^SCt. ..'ti<. i'.,•-xef 's-. , •I tiw , -'R .�He 4:r .;;'"��. rq. e a ►MMED 2o I 1 r I wiO F �i ,f City of 3 pWA4 dl American Taxi Cab Business Name 15-174 Iowa City Permit ID 08/20/2016 Permit Expiration Date Household Current Income Form Answer "Yes" or "No" next to ALL Income o rr . . Yes ® No Cash Benefits from DHS RP) $ per month "Provide documentation from DHS` 0 Yes (1 No Leaving Current Job Effective _/_I_ Employer Name: Family Member Name: (1) Terminated Circle One (2) Quit/Resigned (3) Medical/Maternity (4) Temporarily off work because Expected date to start work again —/—I— (5) Other i Yes ® No Employment: "Provide pay stubs" (if available) Circle One: 1) new 2) increase in hours 3) decrease in hours 4) pay raise 5) no change Employer Name: Start Date: / ! Employer Address: Family Member Name: X/_'' Wage per hour S Hours per week Circle One 1) new 2) increase in hours 3) decrease in hours 4) pay raise 5) no change Employer Name: _ Start Date: Employer Address: Family Member Name: Wage per hour S Hours Der week i i ❑ Yes ® No Unemployment Benefits $ per week Member ❑ Yes ❑ No Social Security `Provide documentation from Social Security"` Member Name: $ per month Member Name: $ oermonth ® Yes EJ No Child Support $ per week / month Case # 0 Yes d No Other Household Income $ per week / month Explain: ® Yes No Child Care Expense $ per Provider Name & Address ® Yes ® No I Have No Income and will need to comDlete a "No Income Affidavit Form" Print Name: Signature: Date:_//_Phone # E -Mail: HAPPY Forms IV8115 Start Miles Driver�L . Cab # I / � SeQ # 05 jcd AMERICAN TAXI CAB 7 End Miles Iowa City, IA Date 1,//-7/ ! Shift # # FROM TO TIPS TRIP TOTAL 1 r sCID Cf rn'v — 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 r 35 r Gasmelseed, Emadeldin AbdelrahmaQ:Khali ri 910 BENTON DR APT 32 IOWA CITY, IA 522465227 tb. **Keep this receipt with vehicle Registration Renewal Receipt L>6'r-T ` RT d `*Valid for one month after expiration IOWA 1 "Expiration Date 08/31/2017 County Johnson Issue Date 09122/2016 Validation No. CWU87208201701 Usage Regular Tonnage 0 Plate No. CWU872 Title No. 52AD35240 Gasmelseed, Emadeldin Abdelrahman Khali 910 BENTON DR APT 32 4� rpprryyS'�f,I , IOWA CITY IA 522465227 }jI ON 4T3ZF13C52U434981 Type Multi-purpose year 2002` Make f Kin Toyota Model Sienna LE/XLE *.t Style SV Cyl. 6 Fuel Gasoline �'", Weight 4,000 GVWR Color Silver t'f,.'-<". LP. $25,800 Sq. Ft. plate Type County Std Designation _ -umulative Damage = y annual Fee $50 *= s tstr 4udit No. 4990794 K-3 Fee Penalty Y =z�cRegistration Fees $50.00 $0.00 Thomas L. Kriz Plate Fees $0.00 Other Fees $0.00 County Treasurer Totals $50.00 $0.00 Grand Total $50.00 )0 NOT DETACH ' 'the vehicle being sold is a regular or semi trailer weighing 2,000 lbs. or less and not issued a title, complete the information below and give to the buyer. We of Sale r_I__ luyer :uyers Address teller's Signature DATE., AUG 2016 TAXI CAB IN COME 1600 ITEM TAXI EXPENSES IANNUAL COMPANY OF TAXI FEES PER YEAR $ 400 INSURANCE PER MONTH $ 300 CHEK UP PER MONTH $150 CLEAN PER MONTH $ 50 GAS PER MONTH $80 TOTAL 580 $400 TOTAL INCOME /$ 1600-$ 580= 1020 NAME:EMADELDIN GASMELSEED SING: r/1�• Q �- f v r'� 'el— pEL.IVERED eicT 0 6 2��s �r 1 CITY OF IOWA CITY 410 East Washirpon Street Iowa City. Iowa 52240-14.26 (3 19) 356-5000 (319)356-5009 FAY, www.icgov.org November 14, 2013 Adil Adams American Taxi Cab 2608 Bartelt Road, # 2C Iowa City, IA 52240 Dear Mr. Adams: B effective today. The decision of As a result of a hearing held on November 13, 2013, I am revoking the taxicab business kens of American Taxi Cab pursuant to City Code Section 5-1-5(B) the hearing officer is attached. ations American Taxi Cab can no longer op state in Iowa City.company to my ?feCesecease st of the r38 dec snisdiately and return all the decals issued to your attached. year, and would not be No new applications would be considered until the next licensing y effective until June 1, 2014, American Taxi Cab may appeal the decision in district court. Sincerely, Marian K. Karr, MMC City Clerk Attachments: Decision of Administrative Hearing Officer sting with vehicles (for American Taxi Cab) Taxicab Company Li cc: police Chief City of Coralville November 18, 2013 Adil Adams American Taxi Cab 2608 Bartelt Road, #2C Iowa City, Iowa 52240 Dear Mr. Adams t � � CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www-icgov.org In my November 14, 2013 letter to you I communicated my decision related to the November 13, 2013 administrative hearing regarding the revocation of the business license for American Taxi Cab. Since that time it is my understanding that you have worked with the City Clerk's Office to establish better internal processes that will ensure timely receipt of future City of Iowa correspondence. Given this circumstance and given the decal has since been returned, I have reconsidered my decision to revoke American Taxi Cab's business license. The City Clerk shall reinstate the business license for American Taxi Cab once all enhanced communication processes and internal controls have been created to the satisfaction of the City Clerk's Office. Iowa City regulates the taxicab industry to protect the health, safety and welfare of residents and visitors to the community. It is imperative that license holders fully understand and adhere to the regulations set forth in the City Code. Further, it is critical that license holders are attentive and responsive to communication that comes from the City. In the instance that gave rise to the revocation, an uninsured vehicle continued to provide taxi services to the public. Vehicle insurance is a very important requirement under the City Code, and it is the responsibility of the taxicab company, not the vehicle owner, to maintain insurance on all vehicles at all times. Thank you for your understanding of the seriousness of this matter and for taking the steps necessary to ensure future compliance with all City regulations. Should you have any questions about your responsibilities as a license holder, the City Clerk's Office will be happy to assist you. American Taxi Cab is a valued business in Iowa City and I hope that we can work together to ensure your continued success in the future. Sincerely, Geoff Fruin Assistant to the City Manager Administrative Hearing Officer Cc: Marian K. Karr (via email) Sue Dulek (via email) NOV 19 Taxicab Company Listing with Vehicles\) Page 1 of 2 ® "� %, 1997 1997 Dodge Caravan 1B4GP45R6VB211365 324 228 WHQ American Taxi Cab 1997 Dodge Grand Caravan 1 B4GP54L4VB422647 336 299 ZRW American Taxi Cab 1998 Chrysler Town & Country 1C4GP54L5WB715915 259 AOL 930 American Taxi Cab 1999 Ford Windstar 1 FMZA5148XBA45923 305 879 YLL American Taxi Cab 1999 Chevrolet Venture 1GNDU03E9XD288835 294 445 YLO American Taxi Cab 1999 Chrysler Town & Country 1 C4GP54LXXB805241 278 914 WTZ American Taxi Cab 1999 Dodge Caravan 2B4GP44G3XR327126 315 BKH 053 American Taxi Cab 1999 Chevrolet Venture 1 GNDX03E8XD344643 307 035 YZN American Taxi Cab 1999 Mercury Grand Marquis 2MEFM75W9XX676610 317 376 YZM American Taxi Cab 1999 Honda Odyssey 2HKRL1865XH532368 325 589 ZJM American Taxi Cab 1999 Dodge Grand Caravan 2B4GP44G4XR301926 326 BKG 769 American Taxi Cab 2000 Chevrolet Venture 1GNDU03E7YD307044 341 883ZHW American Taxi Cab 2000 Plymouth Voyager 2P4GP2536YR558330 306 089 ZHS American Taxi Cab 2000 Nissan Quest 4N2XN11T6YD812788 302 828 XJH American Taxi Cab 2000 Ford Wind Star 2FMZA5141YBA70647 279 767 YZP American Taxi Cab 2001 Dodge Caravan 264GP44301R417208 270 229 WCG American Taxi Cab 2001 Ford Windstar 2FMZA51401 BB79803 303 814 ZRY American Taxi Cab 2001 Dodge Grand Caravan 1B4GP44311B164270 292 112 ZRZ American Taxi Cab 2001 Chevrolet Venture 1 GNDU23E91 D336983 329 710 YLM American Taxi Cab 2001 Chrysler Town & Country 2C8GT64L41R376431 330 578 ZHW American Taxi Cab 2002 Ford Windstar 2FMZA51482BA75237 335 155 ZRW American Taxi Cab 2002 Dodge Grand Caravan 2B8GP74L42R521315 328 686 YDO American Taxi Cab 2002 Dodge Grand Caravan 2B4GP44392R701616 314 BKG 019 American Taxi Cab 2002 Dodge Caravan 1B4GP45382B614741 293 266 ZRY American Taxi Cab 2002 Dodge Caravan 1 B4GP253X2B652816 289 480 ZRA American Taxi Cab 2003 Chrysler Town & Country 2C4GP44L93R359878 275 535 XQQ American Taxi Cab 2003 Dodge Caravan 1 D4GP243X3B259228 271 397 ZRX American Taxi Cab 2003 Dodge Caravan 1 D4GP253X3B281387 273 733 YLJ American Taxi Cab 2003 Chrysler Voyager 1 C4GJ25383B229626 276 240 ZCP American Taxi Cab 2003 Ford Windstar 2FMZA52403BA87835 272 751 YLM American Taxi Cab 2003 Dodge Caravan j1D4GP25B93BI15286 327 802 YQZ American Taxi Cab 2003 Chrysler Town & Country 12C4GP24R23R295594 342 BDV 548 American Taxi Cab httn://www.icizov.orR/?id=2188 10/16/2013 Taxicab Company Listing with Vehicles2o**7 Page 2 of 2 http://www.icRov.or-/?id=2188 10/16/2013 z 2`b 5-2-1 5-2-1 SECTION: 5-2- 1: 5-2- 2: 5-2- 3: 5-2- 4: 5-2- 5: 5-2- 6: 5-2- 7: 5-2- 8: 5-2- 9: 5-2-10: 5-2-11: 5-2-12: 5-2-13: 5-2-14: 5-2-1 CHAPTER 2 TAXICABS Definitions Taxicab Business License; Vehicle Decals Liability Insurance Requirements Vehicle Inspection Required State Chauffeur's License Required Driver Requirements Rates; Hours; Complaints Vehicle Requirements Vehicle Stand Terms Of Decals And Authorization; Renewals Horsedrawn Vehicles Reserved Revocation Of Licenses And Permits Violations DEFINITIONS: As used in this chapter, the following defini- tions shall apply: AIRPORT SHUTTLE: A vehicle furnished with a driver that carries passengers for hire exclusively on a route that either starts at or ends at the Eastern Iowa Airport or the Quad Cities Airport, and operates without a taximeter. APPLICANT: A person or entity wishing to operate as a taxicab business within the corporate city limits or a person wishing to drive a taxicab. CERTIFIED Individual who possesses a certificate showing CALIBRATOR: completion of a taximeter calibration course. Said certificate must state the individual qualifi- cations to program, calibrate, repair and main - Iowa City December 2011 5-2-2 application for such decal with the 9-7-2010, eff. 3-1-2011) 5-2-3TV city clerk. (Ord. 10-4405, d. The applicant shall return the decal and remove the bubble light and lettering immediately when the vehicle is no longer operating as a taxicab. Failure to comply with this provision is grounds to revoke the taxicab business license. (Ord. 11-4458, 11-22-2011, eff. 3-1-2012) 5-2-3: LIABILITY INSURANCE REQUIREMENTS: A. Requirements: 1. As a condition to receiving a taxicab business license or a vehicle decal, the applicant shall file with the city clerk evidence of liability insurance coverage via a certificate of insurance which shall be executed by a company authorized to do insurance business in this state and be acceptable to the city. The taxicab business must file With the city clerk one certificate of insurance listing all vehicles. 2. The taxicab business shall insure each driver. 3. The minimum limits of the taxicab business policy and the individual driver's policy shall be determined by city council resolu- tion. 4. The cancellation or other termination of any insurance policy or certificate shall automatically revoke and terminate the licenses issued for the taxicab business and the vehicles covered by such insurance policy, unless another policy, complying with this chapter, shall be provided and in effect at the time of such cancellation or termination. The city clerk shall immediately issue written notification of the revocation of all licenses for the taxicab business and the vehicles covered by such insurance which is canceled or terminated. All decals must be returned to the city clerk. Subsequent issuance of business licenses and decals will be in accordance with the terms of this chapter and at the applicant's expense. 5. The cancellation or other termination of any insurance coverage for any single vehicle shall require the decal to be returned to the city clerk and a reinspection of that vehicle will be required prior to the issuance of another decal and use of the vehicle as a taxicab. The city clerk shall immediately issue written notification of the January 2013 Iowa City d � a ® MY of REA TURNED TAXICAB DECAL ACKNOWILEDGE, MENT The following _ C ( decals have been returned by 1 \-1 V -n t (,I^( , n � C (Color) ^ (Taxi Business Name) Decal Numbers: � �0 o Printed Name of Person returning decal: Signature of Person returning decal: (affix decals to sheet; file stamp and initial; provide copy to person returning decal) Rev6/14 410 EAST WASHINGTON STREET o IOWA CITY, IOWA 52240-1826 • (319) 356-5040 , FAX (319) 356-5497 0 b.. C O •,'•� Y - �I � - _`�. r l � �� u�u°®°ten v iii^- cz) • C _ � w — —r'- o V' Rev6/14 410 EAST WASHINGTON STREET o IOWA CITY, IOWA 52240-1826 • (319) 356-5040 , FAX (319) 356-5497 Re: S & G Materials Conditional Use Permit Application Dear William and Members of the Board: The City Council has received the request from S & G Materials for a conditional use permit to allow sand and gravel mining in unincorporated Johnson County south of Izaak Walton League Road. The Johnson County Unified Development Ordinance requires City review for conditional use permits for property within the fringe area, and the subject property is in Fringe Area C. At its January 19th meeting, the Iowa City Planning and Zoning Commission recommended by a unanimous vote that the Iowa City City Council recommend approval of the conditional use permit, subject to compliance with the proposed on-site wetland mitigation plan. The City Council concurs with the Planning and Zoning Commission's recommendation and recommends the temporary conditional use permit request submitted by S & G Materials be approved, subject to the conditions noted above. Sincerely, Ji T gmorton Mayor CITY OF IOWA CITY 410 East Washington Street January 23, 2017 Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319)356-5009 FAX www.icgov.org William Leefers, Chairperson Johnson County Board of Adjustment 913 S Dubuque Street Iowa City, IA 52240 Re: S & G Materials Conditional Use Permit Application Dear William and Members of the Board: The City Council has received the request from S & G Materials for a conditional use permit to allow sand and gravel mining in unincorporated Johnson County south of Izaak Walton League Road. The Johnson County Unified Development Ordinance requires City review for conditional use permits for property within the fringe area, and the subject property is in Fringe Area C. At its January 19th meeting, the Iowa City Planning and Zoning Commission recommended by a unanimous vote that the Iowa City City Council recommend approval of the conditional use permit, subject to compliance with the proposed on-site wetland mitigation plan. The City Council concurs with the Planning and Zoning Commission's recommendation and recommends the temporary conditional use permit request submitted by S & G Materials be approved, subject to the conditions noted above. Sincerely, Ji T gmorton Mayor January 23\2017 William Leefers, hl Johnson County Bo 913 S Dubuque Strec Iowa City, IA 52240 Re: S & G Materials of Adjustment Dear William and Members Use The City Council has received the qua use permit to allow sand and grav south of Izaak Walton League ad. Ordinance requires City revie for co fringe area, and the subject p operty is i meeting, the Iowa City PI 'ng and Zc unanimous vote that the I a City City conditional use permit, bject to comp mitigation plan. CITY O OWA CITY 410 t Washington Street 10 .1y. Iowa 52240-1826 19) 356-5000 (3 19) 356-5009 FAX www.icgov.org Application from S & G Materials for a conditional in unincorporated Johnson County Johnson County Unified Development .onal use permits for property within the cringe Area C. At its January 19`h Commission recommended by a c31 recommend approval of the ice ith the proposed on-site wetland The City Council co curs with the Planning and Z� recommendation ayd recommends the temporary cc submitted by S &/G Materials be approved, subject Sincerely, Jim Th Mayor Commission's anal use permit request conditions noted above. 6d City of Iowa City MEMORANDUM Date: January 19, 2017 To: Planning & Zoning Commission From: Martina Battistone, Planning Intern RE: CU16-00004, S&G Materials Conditional Use Permit S & G Materials has applied to Johnson County for a conditional use permit to allow for sand and gravel mining on property south of their current site at 4059 Izaak Walton Road. The subject property is located south of Iowa City and west of the Iowa River. The applicant's property is located in Fringe Area C of the Fringe Area Policy Agreement but is outside of the Iowa City Growth Boundary. The Agreement states, "[Developments] which are not within Iowa City's growth area [but within the Fringe Area] which are zoned for non-farm development... may occur in conformance with Johnson County's Unified Development Ordinance and City Rural Design Standards." The Johnson County Zoning Ordinance permits cities to review conditional use permits for applications within their extra -territorial jurisdiction. Conditional use permits require a 415 -majority vote of the Johnson County Board of Adjustment to approve a permit opposed by the City Council. In 2000, the applicant applied for and was granted a conditional use permit for the sand mining operations conditioned upon dust -free maintenance of Izaak Walton Road. In 2006, a second conditional use permit was granted to expand the sand mining operations conditioned on the applicant improving the entrance to Izaak Walton Road from Oak Crest Hill Road and the applicant implementing a Wetland Mitigation Plan. In 2010, an amendment was issued for the previous conditional use permit to allow concrete and asphalt recycling on a temporary basis, per the Johnson County Unified Development Ordinance, which states that Asphalt and Concrete Recycling Plants are conditionally allowed for temporary operation only, in the A -Agricultural zoning district. The City concurred with approval of all of these previous permits. The applicant is now seeking a conditional use permit to conduct sand and gravel mining on the southernmost portion of their 175 -acre property, the area known as Bright Farm South. Because this site is located directly adjacent to the company's current mining site, S & G would be able to continue their practices without any additional truck traffic on Oak Crest Hill Road SE. Development on this section of property has been divided into stages so that four basins will be dug over 15 to 25 -year period. Construction is proposed to being in 2018 and be completed by 2035. City and County staff inspected the property with Liz Maas, a consultant to S & G Materials, who outlined the mitigation, mining, and restoration processes both underway and planned on the applicant's property. S & G must meet the requirements of the Johnson County Sensitive Areas Ordinance, which requires that for every acre of wetland impacted, two acres of wetland must be constructed. Because this property is not within the City's growth area, it is not likely to be annexed into the city within the foreseeable future. In Staffs opinion the City's interest in this case is in preservation of the Iowa River valley as a scenic recreational and environmental asset for the region. Staff believes S & G Materials has demonstrated a commitment to proper habitat December 29, 2016 Page 2 restoration and sustainable mining practices. For the last nine years, S & G has successfully constructed wetland mitigation as permitted by the U.S. Army Corps of Engineers and Iowa Department of Natural Resources. The proposed site for the conditional use permit is in the flood plain and partially in the flood way, giving it low development potential. Currently, the majority of the land is being utilized for row crops. Following completion of mining in this location, habitat restoration efforts will provide a more diverse, functional habitat on the site than what currently exists. Staff Recommendation Staff recommends that the City Council forward a letter to the Johnson County Board of Adjustment, recommending that an application submitted by S & G Materials to Johnson County for a conditional use permit to allow for sand and gravel mining on property south of their current site at 4059 Izaak Walton Road be approved subject to compliance with the mitigation plan. Approved by: / e -A / m= John Yapp, Deve opment Services Coordinator Neighborhood Development Services Attachments 1. Location Map 2. Application Materials N We S 0 0.125 0.25 1 1 1 0.5 Miles CU16-00004 4059 Izaak Walton League Road 0 m 0 a m •♦ 1 ,4 ............ l Prepared By: Marti Wolf Date Prepared: Dec. 2016 �.uy4 -ca 480 ST SE i i : A �.uy4 -ca 480 ST SE 3.0 SITE SELECTION CRITERIA; S&G MATERIALS COMPANY, BRIGHT FARM SOUTH S&G Materials Company purchased this property in 2003 and has since rented it to a local farmer for conventional agricultural use. Located south of Iowa City, this site is bordered by Oak Crest Hill Road SE (old Highway 218) to the east, the Iowa River to the west, privately owned property.to the south and the S&G Materials Bright Farm property to the north (Figure 1). It is characterized by open agricultural fields, scattered pockets of woodland, a blue -line stream bisects the western side of the property, and an upland oak-hickory savanna hillside sits alongthe western border. Used as a farmstead for the majority of the last 100 years, this property does contain some newly developed small wooded areas, primarily composed of early successional species like willow and cottonwood. Higher quality woodland is found along the western side of the property and is not proposed for Impact Derelict farm structures were removed in 2012 to clean up the property and remove potential liability hazards from the site. S&G Materials Company is requesting this permit as they purchased the property with the Intent to connect their existing Bright Farm mine (to the north) to'this property and mine it for sand and gravel materials. It is common to find sand and gravel materials in seams along riparian corridors. Additionally, core sampling conducted by S&G identified valuable sand and gravel deposits on this property. A cost benefit analysis of the site, revealed that the costs to remove the materials and construct mitigation would still be less than the return on the sale of mined materials. For more than three decades, S&G Materials has provided sand and gravel to Iowa City and surrounding areas. Costs for materials have been kept low due to the proximity of the mines to the developing urban areas along the Eastern Iowa Corridor. Sand and gravel products are essential for the development and maintenance of concrete infrastructure, and provide necessary resources during flood events and road materials during severe winter weather. This new mine Is an extension of an existing mine and will allow continued growth without the additional costs of transporting materials from more distant mines. Because this site is located just south of the company's current mining site, S&G would be able to continue their practices without any additional truck traffic on Oak Crest Hill Road SE and little investment of additional mining infrastructure. Mining requires heavy equipment, a dredge, and a plant site where materials are separated. These are all very expensive and difficult to move. Locating a new mine adjacent to the existing come makes good economic sense, Additionally, once mitigation Is completed, more diverse, functional habitat will be constructed in the long term. For the last nine years, S&G has successfully constructed wetland mitigation within the Bright Farm as permitted ® by the Corps and the IDNR. Monitoring of the Bright Farm will continue once mining and mitigation construction are completed. S&G is uniquely suited to mine this property south of their existing property as they will still have a presence to the north; insuring that mitigation construction is completed appropriately. Additionally, since heavy equipment will still be nearby, any necessary repair work within the Bright Farm Mitigation Site could still be easily finalized. S&G Materials Company is a local business dedicated to restoring habitat and focused on developing more reliable ® and sustainable mining practices. in addition to materials extraction, S&G provides concrete and asphalt recycling, a critical practice that reduces the need for further mining, unnecessary interference with natural habitats, and Q Ilmits asphalt disposal into landfills. ® Alternatives Analysis and Weiland Mitigation Plan for the S&G Bright Farm South ,. ALTERNATIVES ANALYSIS AND PROPOSED WETLAND MITIGATION PLAN FOR THE S&G MATERIALS COMPANY, BRIGHT FARM SOUTH PROPERTY IOWA CITY, JOHNSON COUNTY, IOWA j� 1.0 EXECUTIVE SUMMARY The U.S. Army Corps of Engineers (Corps) and the Iowa Department of Natural Resources (IDNR) are requiring compensatory mitigation to offset iinpacts to approximately 9.62 acres of palustrine; flat, emergent persistent and non-persistent (seasonally flooded basin), farmed wetlands within the existing 175 -acre S&G Materials Company, Bright Farm South, a property adjacent to the Iowa River In Section 3, Township 78 North, Range 6 West, Iowa City, Johnson County, Iowa. The location map in Figure 1 identifies the location of the property, it is Immediately adjacent to the existing Bright Farm mining site to the north (Figure 2). Transition Ecology, LLC, contracted by S&G Materials Company, completed a Wetland Delineation (Rohrbacher Wetland Delineation) within this property in May 2014. This delineation revealed 19.84 total acres of wetland (Figures 3A and B), of which 9,62 acres are proposed for impact by S&G Materials Company (Figure 4)? To provide potential mitigation for these unavoidable impacts, the S&G Materials Company proposes to construct, 00 in a manner consistent with that described In the Bright Farm Mitigation Plan (Corps Reference Number CEMVR- PEI OD -P-2005-1154),19.24 acres of emergent shoreline wetland with an additional 100 -Foot native upland buffer or 10 acres of native upland vegetation, whichever Is greater. This 19.24 -acre mitigation site will be constructed shoreline wetland, back-filled into the first basin mined on the property. This mitigation is proposedto offset the proposed impacts to 9.62 acres of farmed wetland. Copies of the Jurisdictional Wetland delineation by Transition Ecology, composed in May 2014 and an archeological report by Wapsi Valley Archeology, composed in December 2010, have been provided to the US Army Corps of Engineers and the Iowa Department of Natural Resources with this application. This document outlines the alternatives analysis reviewed during the development planning process and the twelve mitigation discussion points, necessary for an Individual Permit application. 2.0 PROPOSED WETLAND MITIGATION PLAN: OBJECTIVES The objective of S&G Materials Company Bright Farm South project is to develop the 175 -acre agricultural property into a sand and gravel mine, with 4 open water basins, mitigate for unavoidable wetland impacts and restore and monitor this riparian area to a more natural state once mining has been completed. The S&G Materials Company proposes to impact 9.62 acres of Worland and construct 19.24 acres of total wetland mitigation, on-site. The mitigation will include a 100 -foot native upland buffer around the perimeter of the wetland created or SO Acres of nativeupland vegetation, whichever is larger. This upland buffer would replace the functions and values lost through the removal of the upland areas due to sand and gravel mining. Additionally, the entire property will be protected with a conservation easement so that when all mining activities have been completed the property will remain in a natural state. a a 'Please note that the Weiland Delineation identified 4 wetlands A, B, C, and D. To distinguish between wetlands and proposed constructed basins the basins were initially numbered 1-4. However, since the basins in the Bright Farm property are also 1-4 it a became confusing. So the wetlands at Bright Farm South have been redesignated as 1-4 and the basins have been labeled A, B, C, and ® D to distinguish them from the basins to the north Alternatives Analysis and Weiland Mitigation PIan for the S&G Bright Farm South s 3.1 Development Phases: Basins 1, 2, 3, and 4 The development project for the S&G Materials Company, Bright Farm South Project has been broken down into four phases. 4 basins (A -D) will be dug over a 15 -25 -year period. Construction will begin in 2018, and is proposed for completion by 2035. Basin 4 of the Bright Farm will be the final basin mined within that property. After this, Basin A of the Southern Unit, immediately adjacent, will bd opened for mining. This area was selected as the first area to be mined as it is closest to the Bright Farm and existing mining infrastructure. An access road from the northern mine has already been extended to a new plant site on the southern boundary of Bright Farm North. This road will be extended so heavy equipment can access Basin A to begin construction. Top soil from Basin A will be removed, separated and stockpiled. A portion of the top soil will be sold and the overburden will be stored outside of the floodway to be used as preliminary back fill for wetland mitigation. Remaining top soil will then be used to top dress the constructed wetland mitigation peninsulas. Once the overburden is removed from Basin A, a dredge will be used to remove sand from the basin. The dredge vacuums a slurry of sand and gravel materials that is piped back to the existing plant site along the southern border of the Bright Farm. Once this slurry reaches the plant site, it is separated into piles of different size materials. The unusable fines and waste sand materials that cannot be used in a conventional sand mix will be pumped back Into Basin 4 (the southernmost basin of the Bright Farm). Basin 4 of the Bright Farm was never proposed for mitigation construction and will remain an open basin once mining has been completed in that basin. It would be wiser to return the fines to Basin 4 as the daily influx of this material can make development ofwetland mitigation vegetation challenging. Placing the fines In Basin 4, common mining practice, will safeguard the development of wetland mitigation vegetation within Basin A Mining of the remaining basins will occur in the same manner described. Basin A will be the only basin needed for wetland mitigation construction since impacts have been minimized to 9.62 acres and 19.24 acres of wetland is proposed for construction 3.2 On-site Wetland Mitigation On site mitigation was selected for several reasons. Bright Farm South is large enough to provide space for mitigation construction, the property Is adjacent to the Iowa River and an integral part of the watershed, S&G Materials Company will be operating in and around this property for a long time, they have conducted wetland mitigation in this manner for the last 9 years and have the appropriate equipment necessary to construct the mitigation. Additionally, combining the South Farm with the Bright Farm under one conservation easement will protect this entire site in perpetuity. Once mining Is completed, a total of approximately 520 protected acres along a maj or river corridor will provide habitat and shelter biodiversity for years to come. Additionally, S&G must meet not only federal and state regulations but also the requirements of the Johnson County Sensitive Areas Ordinance (SAO). The SAO provides for on-site wetland impacts and requires that for every acre of wetland Impacted 2 acres must be constructed.. Since there is space and the ability to do this, it will not be overly burdensome for S&G to meet these requirements. Additionally, the SAO is more restrictive about impacts to a blue -line stream Specifically, the SAO states that "blue line streams" must be preserved and may not be moved horizontally. The SAO does allow "blue line streams" to be deepened to allow for improved drainage from the site. S&G Materials -'is committed to designing their extraction plan in order to avoid impact to the blue -line stream and minimize impacts to wetlands where possible. �' Alternatives Analysis and Wetland Mitigation Plan for the S&G Bright Farm South / a•3 tiI 9 t r\ / if 3�' r 00 J, 1 sic, %r 1 NAX J be4 EW N t KEY Existing S&G Materials Company - Bright Farm S&G Materials — Bright Farm South : Adjacent Existing Mining Site Bright Farm South Conditional Use Permit Application S&G Materials Company, 2016 Iowa State University Geographic Information Systems transition ecology„ •e�n{ 9wleraXen Izaak Walton League Road Existing Scale House and Employee Parking Old Plant site to be decommissioned and restored to natural habitat by 2023 Existing Shop and Employee Parking Existing Bright Farm Bright Farm South Proposed access road Existing Crossing Proposed pipe under railroad CRANDIC Railroad Tracks Area proposed for clearing to allow dredge to move into Basin B IRM Proposed plastic pipe that will carry slurry from Basin C to Plant Site New Plant Site Figure 2: Proposed Site Plan Bright Farm South Conditional Use Permit Application S&G Materials Company, 2016 Iowa State University Geographic Information Systems Y LLC EWUre 3: Adjacent Property Owners Bright Farm South Conditional Use Permit Application S&G Materials Company, 2016 Iowa State University Geographic Information Systems H] Adjacent Property owners 11) Gene and Kathy Taylor within 1000' 4680 Oak Crest Hill RD SE 1) Paul R. Greenough and Iowa City, Iowa 52240 Adrienne T. Drapkin 12) Nicholas P. Rossi 4706 Oak Crest Hill RD SE 1 Oaknoll Ct Iowa City, Iowa 52240 Iowa City, Iowa 52246 2) Dawn Allen 13) Dennis Runyan 4733 Oak Crest Hill RD SE 4688 Oak Crest Hill RD SE Iowa City, Iowa 52240 Iowa City 52240 3) Marlene Boerjan 14) Laura and Barry 4824 Oak Crest Hill RD SE Westmeyer Iowa City, Iowa 52240 4696 Oak Crest Hill RD SE 4) Kevin Kelly Iowa City, Iowa 52240 4784 Oak Crest Hill RD SE 15) Filomena A. Winegardner Iowa City, Iowa 52240 and Elizabeth A. Nockunas 5) Sharon Garton 4654 Indian Lookout RD SE 4790 Oak Crest Hill RD SE Iowa City, Iowa 52240 Iowa City, Iowa 52240 16) David and Ruth Christ 6) Terril J. Ball 4676 Indian Lookout RD SE 4796 Oak Crest Hill RD SE Iowa City, Iowa 52240 Iowa City, Iowa 52240 17) Dorothy Fountain Trust 7) Paul and Anne Wilson c/o Michael S Donovan 4804 Oak Crest Hill RD SE 4436 480th St SE Iowa City, Iowa 52240 Iowa City, Iowa 52240 8) Francis McLean 4810 Oak Crest Hill RD SE Iowa City, Iowa 52240 9) Marion Lee Stock 4816 Oak Crest Hill RD SE Iowa City, Iowa 52240 10) Charles J. & Joan M. Ockenfels 4653 Indian Lookout RD SE Iowa City, Iowa 52250 transition seology Planning and Zoning Commission January 19, 2017 — Formal Meeting Page 3 of 11 CONDITIONAL USE ITEM (CU16-00004): Discussion of an application submitted by S & G Materials to Johnson County for a Conditional Use Permit to allow for sand and gravel mining on property south of their current site at 4059 Izaak Walton Road. This property is located south of Iowa City and west of the Iowa River in Fringe Area C of the Fringe Area Policy Agreement but is outside of the Iowa City Growth Boundary. Miklo explained that the County Zoning Code allows these types of uses Conditional Use Permits by the County Board of Adjustment. The County Code gives the opportunity for any City within two miles to comment and make a recommendation. If the City recommends against such a conditional use permit then it requires a super majority (or four out of the five) members of the Board to approve. Miklo noted that the City's interest in this area is more on a regional basis, it is outside the City's growth area, and we do not anticipate that it will be annexed into the city, but it is along the riverfront which the City sees as a resource for open space and recreation. He said that is the context in which staff reviewed this application. Miklo stated that this is a continuation of a sand and gravel mining operation that has been in operation for a number of years. It began on Izaak Walton Road and with the City's recommendation the County allowed expansion in 2006. This would be the third expansion. City and County staff inspected the property with Liz Maas, a consultant to S & G Materials, who outlined the mitigation, mining, and restoration processes both underway and planned on the applicant's property. S & G must meet the requirements of the Johnson County Sensitive Areas Ordinance, which requires that for every acre of wetland impacted, two acres of wetland must be constructed. Staff believes S & G Materials has demonstrated a commitment to proper habitat restoration and sustainable mining practices. Staff recommends that the City Council forward a letter to the Johnson County Board of Adjustment, recommending that an application submitted by S & G Materials to Johnson County for a Conditional Use Permit to allow for sand and gravel mining on property south of their current site at 4059 Izaak Walton Road be approved subject to compliance with the mitigation plan. Martin asked if the environmental expert that was on the inspection noted any infringements on the river currently. Miklo said that much of the property is in the flood plain and is reviewed by the Iowa Department of Natural Resources and also the activity does not go right up to the river, there is a buffer zone. Signs asked about the blue line stream. Miklo explained that a blue -line stream is a stream that shows up on the US Geological survey maps. Some streams are small and do not have water running through them year-round and tend not to show up on the survey maps. Miklo said blue - line streams are regulated. Freerks asked if there would be tree buffer between the operation and the adjacent road. Miklo said the applicant could address that. Martin asked if the owners of the homes in the area were told about the meeting and this proposal. Miklo said not the City meeting, but they will be informed of the County meeting regarding this item. Freerks opened the public hearing. Planning and Zoning Commission January 19, 2017— Formal Meeting Page 4 of 11 Liz Maas (620 Ronald's Street) works for Transition Ecology and is representing S & G Materials on this application. She noted that the basins shown on the map and that the one marked C does not actually go all the way to the road and because of that topographically there is no sand and gravel mining proposed for that area with this project, so that will serve as a buffer. Additionally no additional truck traffic will be on Oak Crest Hill Road SE. Maas noted that Blue -line streams are federally regulated as well as by the State and the County. In addition, because this property has wetlands on it, which are also federally protected, so they are careful to not touch any of those areas on this property. The impacts they are proposing are mostly old ditches that have been carved by farmers over the years to allow for drainage, which may look like wetlands but are considered farm basins. Any areas they are disturbing they are offsetting the impact with the construction of mitigation sites (such as the area to the north). Additionally after they are done mining in an area, they are required to create wetland shoreline areas. With regards to the question about the river, the other entity that manages these types of sites is an organization called MSHA and the Iowa Department of Agriculture also permits this activity and have regulations on how close to the river the mining can actually be. During the flood of 2014 and 2008 this area flooded but some of the area sits high enough that it was not flooded. Recently they received a "no rise" certificate for the entire property to illustrate that the sand piles and activities on the property are not causing rise of water upstream. Hensch asked what the anticipated life span of this quarry would be. Maas stated that the preexisting quarry has been in operation for the last 15 years and probably has another 2-3 years to finish out, depending on need. The second additional will probably be in operation another 15-20 years. Freerks closed the public discussion Hensch moved to recommend that the City Council forward a letter to the Johnson County Board of Adjustment, recommending that an application submitted by S & G Materials to Johnson County for a Conditional Use Permit to allow for sand and gravel mining on property south of their current site at 4059 Izaak Walton Road be approved subject to compliance with the mitigation plan. Martin seconded the motion. A vote was taken and the motion carried 7-0. CODE AMENDMENT ITEMS: 1. Discussion of an amendment to outdoor service areas regulations in Title 4 of the City Code, and temporary use provisions in Title 14 of the City Code, to allow limited use of amplified background music for eating and drinking establishments in the Riverfront Crossings - South Gilbert and West Riverfront subdistricts. Howard explained that the City has received a request from Big Grove Brewery, who are repurposing an existing building along South Gilbert Street, to allow amplified music in its proposed outdoor service area, which is part of the restaurant that will be behind the Conditional Use Item Discussion of an application submitted by S & G Materials to Johnson County for a conditional use permit to allow for sand and gravel mining on property south of their current site at 4059 Izaak Walton Road. This property is located south of Iowa City and west of the Iowa River in Fringe Area C of the Fringe Area Policy Agreement, but is outside of the Iowa City Growth Boundary. (CU16-00004) Note: The Johnson County Unified Development Ordinance requires City review and recommendation for Conditional Use Permits within the Fringe Area. Cu 16-00004 4059 lzaak Walton League Road 0 0.125 0,25 OS Miles Prepared By: Marti Wolf I I I I I Date Prenaredc- Dec- 2016 4 .a�f� . � '; a r� Consider forwarding a letter to the Johnson County Board of Adjustment recommending approval of a Conditional Use Permit for S&G Materials to allow sand and gravel mining on property south of their current site at 4059 Izaak Walton Road (CU16-00004) At its January 19 meeting, by a vote of 7-0, the Planning and Zoning Commission recommended approval. Staff recommends approval.