Loading...
HomeMy WebLinkAbout2017-05-18 Info PacketCITY COUNCIL INFORMATION PACKET CITY OF IOWA CITY www.icgov.org May 18, 2017 IN Council Tentative Meeting Schedule IP2 Agenda MAY 24 JOINT MEETING MISCELLANEOUS IP3 Memo from City Attorney: Amicus briefs of cities and counties in litigation challenging President Trump's revised travel ban IN Bar Check Report — April 2017 IP5 Civil Service Entrance Examination: Treatment Plant Operator — Water IP6 Civil Service Entrance Examination: Maintenance Worker I — Water Customer Service IP7 Civil Service Entrance Examination: Geographic Information System Coordinator DRAFT MINUTES IP8 Community Police Review Board: May 9 IP9 Housing and Community Development: April 20 IP10 Planning and Zoning Commission: May 4 r City Council Tentative Meeting Schedule .1 ME Subject to change IP1 CITY IOWA CITY May 18, 2017 Date Time Meeting Location Wednesday, May 24, 2017 5:00 PM Joint Meeting JC Brd of Supervisors J.C. Admin. Bldg. Work Session 913 S. Dubuque St., I.C. Tuesday, June 6, 2017 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, June 20, 2017 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Monday, July 17, 2017 4:00 PM Reception Johnson County 4:30 PM Joint Entities Meeting TBD Tuesday, July 18, 2017 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, August 1, 2017 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, August 15, 2017 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting I P2 J� oon JOHNSON COUNTY IOWA BOARD OF SUPERVISORS MEETING ty AGENDA • MAY 24, 2017 First Floor Lobby Joint Meeting 5:00 PM JOHNSON COUNTY ADMINISTRATION BUILDING 913 SOUTH DUBUQUE STREET IOWA CITY, IA 52240 PHONE: 319-356-6000 www.JOHNSON-COUNTY.com www.JOHNSONCOUNTYIA.IQM2.com JOINT MEETING BETWEEN THE BOARD OF SUPERVISORS AND THE IOWA CITY MAYOR AND CITY COUNCIL - AGENDA A. CALL TO ORDER: 5:00 PM B. DISCUSSION/UPDATE 1. Tour with Iowa City Mayor Jim Throgmorton and the Iowa City City Council to sites of mutual interest including, but not limited to, the following locations: Johnson County Ambulance Service and Medical Examiner Facility, Iowa City Riverfront Crossings Park site, Johnson County Poor Farm, private redevelopment along Gilbert Street, and the Clinton Street road diet & bike lane installation C. DISCUSSION FROM THE PUBLIC D. ADJOURNMENT Johnson County Iowa Published: 511812017 12:00 PM Page 1 City of Iowa City MEMORANDUM 1P3 Date: May 18, 2017 To: City Council qp� From: Eleanor M. Dilkes, City Attorn Re: Amicus briefs of cities and counties in litigation challenging President Trump's revised travel ban. As you may know, the 4th Circuit Court of Appeals en banc (full court) and a 3 judge panel of the 9h Circuit Court of Appeals have recently heard oral argument in the federal government's appeals of the injunctions issued by district courts in Maryland and Hawaii, respectively, against the President's revised travel ban of visitors from six Muslim -majority countries (and in the 9`h Circuit the suspension of the nation's refugee program). The City of Chicago legal department has led the effort in submitting amicus (friend of the Court) briefs in the 4 and 9`" Circuits on behalf of Chicago, Los Angeles, New York, Philadelphia and other cities and counties. In March I was contacted by an attorney for Chicago asking whether Iowa City would like to join the other cities and counties in the Maryland and Hawaii litigation. I reviewed the brief that had previously been submitted in the Washington case and found it to be well done, particularly in its presentation of why cities would be irreparably harmed if the President's Order was not enjoined. After consultation with the Mayor and in light of the City's long commitment to civil rights as reflected in the Human Rights Ordinance and the Council's reaffirmations of its support for our immigrant communities after the election I told Chicago's counsel that Iowa City would join. To date, on behalf of the City I have signed the amicus briefs filed with the District Court of Hawaii supporting the State of Hawaii's successful motion to convert the temporary restraining order to a preliminary injunction and the briefs filed in the pending appeals in the 4`h and 91h Circuits. In substance the briefs are all very similar. I have attached for your information the brief filed in the 91h Circuit. You will see on the first several pages the list of cities and counties that have joined. Please give me a call if you have questions. Cc: Geoff Fruin, City Manager Julie Voparil, Deputy City Clerk Case: 17-15589, 04/21/2017, ID: 10405670, DktEntry: 137, Page 1 of 49 No. 17-15589 IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT STATE OF HAWAII and ISMAIL ELSHIKH, Plaintiffs Appellees, U. DONALD J. TRUMP, et al., Defendants -Appellants. Appeal from the United States District Court for the District of Hawaii, No. 1:17-cv-00050-DKW-KSC The Honorable Derrick K. Watson, Judge Presiding BRIEF OF CHICAGO, LOS ANGELES, NEW YORK, PHILADELPHIA, AND OTHER MAJOR CITIES AND COUNTIES AS AMICI CURIAE IN SUPPORT OF AFFIRMANCE AND IN OPPOSITION TO MOTION OF DEFENDANTS -APPELLANTS FOR A STAY PENDING APPEAL RYAN P. POSCABLO BRIAN NEFF ELIBERTY LOPEZ Riley Safer Holmes & Cancila LLP 1330 Avenue of the Americas, 6t° Floor New York, NY 10019 (212)660-1030 NICK KAHLON Riley Safer Holmes & Cancila LLP Three First National Plaza 70 W. Madison Street, Suite 2900 Chicago, IL 60602 (312) 471-8700 Attorneys for Amicus Curiae City of Chicago EDWARD N. SISKEL Corporation Counsel of the City of Chicago BENNA RUTH SOLOMON Deputy Corporation Counsel 30 N. LaSalle Street, Suite 800 Chicago, IL 60602 (312) 744-7764 benna.solomon@cityofchicago.org Attorneys for Amicus Curiae, City of Chicago Case: 17-15589, 04/21/2017, ID: 10405670, DktEntry: 137, Page 2 of 49 Additional Counsel for Amici Curiae ZACHARY W. CARTER Corporation Counsel of the City of New York 100 Church Street New York, NY 10007 Attorney for Mayor and the City Council of New York SOZI PEDRO TULANTE City Solicitor City of Philadelphia Law Department 1515 Arch Street, 17th Floor Philadelphia, PA 19102 Attorney for City of Philadelphia EVER ORA RMITNTOM City Attorney City of Austin Law Department P.O. Box 1088 Austin, TX 78767 512-974-2507 Anne. morgan@austintexas.gov Attorney for City of Austin EUGENE L. O'FLAHERTY Corporation Counsel One City Hall Square, Room 615 Boston, MA 02201 (617) 635-4034 eugene.oflaherty@boston.gov Attorney for Boston and Mayor Martin J. Walsh G. NICHOLAS HERMAN General Counsel The Brough Law Firm, PLLC 1526 E. Franklin St., Suite 200 Chapel Hill, NC 27514 (919) 929-3905 herman@broughlawfirm.com Attorney for Town of Carrboro MICHAEL N. FEUER City Attorney of the City of Los Angeles 200 N. Main Street, 800 CHE Los Angeles, CA 90012 (213)978-8100 mike.feuer@lacity.org Attorney for City of Los Angeles MATTHEW T. JERZYK City Solicitor 580 Broad Street Central Falls, RI 02863 (401) 616-2435 MJerzyk@CentralFallsRI.us Attorney for James A. Diossa, Mayor of Central Falls, Rhode Island KIMBERLY M. FOXX States Attorney for Cook County 69 W. Washington, 32nd Floor Chicago, IL 60602 (312)603-6934 kent.ray@cookcountyil.gov Attorney for Cook County, Illinois GREGORY L. THOMAS City Attorney for the City of Gary 401 Broadway, Suite 101 Gary, IN 46402 (219)881-1400 glthomas@ci.gary.in.us Attorney for City of Gary Case: 17-15589, 04/21/2017, ID: 10405670, DktEntry: 137, Page 3 of 49 DONNA Y. L. LEONG Corporation Counsel 530 S. King St., Room 110 Honolulu, HI 96813 (808)768-5100 Attorney for City and County of Honolulu ELEANOR M. DILKES City Attorney 410 E. Washington St. Iowa City, IA 52240 (319) 356-5030 eleanor-dilkes@iowa-city.org Attorney for City of Iowa City AARON O. LAVINE City Attorney 108 E. Green St. Ithaca, NY 14850 (607)274-6504 Attorney for Svante L. Myrick, Mayor of Ithaca JEREMY FARRELL Corporation Counsel Jersey City Law Department 280 Grove Street Jersey City, NJ 07302 Attorney for City of Jersey City SUSAN L. SEGAL City Attorney 350 South 5th Street, Room 210 Minneapolis, MN 55415 (612) 673-3272 Susan.segal@minneapolismn.gov Attorney for City of Minneapolis MICHAEL P. MAY City Attorney 210 Martin Luther King Jr. Blvd., Room 401 Madison, WI 53703 (608) 266-4511 Attorney for City of Madison MARC P. HANSEN County Attorney Montgomery County, Maryland 101 Monroe St., 3rd Floor Rockville, MD 20850 (240)777-6740 Marc.Hansen@montgomerycountymd. gov Attorney for Montgomery County JOHN ROSE Jr. Corporation Counsel 165 Church St. New Haven, CT 06501 (203)946-7958 Attorney for City of New Haven and Mayor Toni N. Harp City Attorney 1 Frank H. Ogawa Plaza, Sixth Floor Oakland, CA 94612 (510)238-3814 Bparker@oaklandcityattorney.org Attorney for City of Oakland TRACY REEVE City Attorney 430 City Hall 1221 SW Fourth Ave. Portland, OR 97204 (503)823-4047 Tracy.Reeve@portlandoregon.gov Attorney for Portland Case: 17-15589, 04/21/2017, ID: 10405670, DktEntry: 137, Page 4 of 49 JEFFREY DANA City Solicitor 444 Westminster St., Ste. 220 Providence, RI 02903 (401) 680-5333 jdana@providenceri.com Attorney for City of Providence and Mayor Jorge O. Elorza MICHAEL A. GARVIN City Counselor City of St. Louis Law Department 1200 Market Street, Room 314 St. Louis, MO 63103 (314) 622-3361 GarvinM@stlouis-mo.gov Attorney for City of St. Louis IN .:. City Attorney 400 City Hall 15 Kellogg Blvd W Saint Paul, MN 55102 (651)266-8710 samuel.clark@ci.stpaul.mn.us Attorney for City of Saint Paul DENNIS J. HERRERA San Francisco City Attorney City Attorney's Office City Hall Room 234 One Dr. Carlton B. Goodlett Pl. San Francisco, CA 94102 (415)544-4700 Attorney for City and County of San Francisco RICHARD DOYLE City Attorney 200 East Santa Clara St., 16th Floor San Jose, CA 95113 (408)535-1900 richard.doyle@sanjoseca.gov Attorney for City of San Jose JAMES R. WILLIAMS County Counsel OFFICE OF THE COUNTY COUNSEL 70 West Hedding Street, 9th Floor San Jose, CA 95110-1770 (408)299-5900 Attorney for Santa Clara County JOSEPH LAWRENCE Interim City Attorney City of Santa Monica 1685 Main Street, Room 310 Santa Monica, CA 90401 (310) 458-8336 Attorney for City of Santa Monica PETER S. HOLMES Seattle City Attorney 701 Fifth Avenue, Suite 2050 Seattle, WA 98104-7097 (206)684-8200 peter.holmes@seattle.gov Attorney for City of Seattle MICHAEL M. LORGE Corporation Counsel 5127 Oakton Avenue Skokie, IL 60077 (847)933-8270 Attorney for Village of Skokie Case: 17-15589, 04/21/2017, ID: 10405670, DktEntry: 137, Page 5 of 49 CRISTAL BRISCO Corporation Counsel City of South Bend Department of Law 227 W. Jefferson Blvd., Suite 12005 South Bend, IN 46601 (574)235-9241 cbrisco@southbendin.gov Attorney for South Bend MICHAEL RANKIN City Attorney 255 West Alameda, 7th Floor P.O. Box 27210 Tucson, AZ 85726-7210 Attorney for City of Tucson MICHAEL JENKINS JENKINS & HOGIN, LLP 1230 Rosecrans Avenue, Suite 110 Manhattan Beach, CA 90266 (310) 643-8448 MJenkins@LocalGovLaw.com Attorney for West Hollywood Case: 17-15589, 04/21/2017, ID: 10405670, DktEntry: 137, Page 6 of 49 TABLE OF CONTENTS Page STATEMENT OF INTEREST OF AMICI CURIAE................................1 SUMMARY OF ARGUMENT................................................................... 6 ARGUMENT.............................................................................................7 I. THE DISTRICT COURT CORRECTLY CONCLUDED THAT PLAINTIFFS ESTABLISHED A LIKELIHOOD OF SUCCESS ON THE MERITS....................................................8 A. The Order Violates the Establishment Clause ..........................8 B. The Order Unlawfully Discriminates Based On National Origin....................................................................13 II. THE BALANCE OF THE EQUITIES FAVORS AN INJUNCTION, AND A STAY SHOULD BE DENIED ................. 19 CONCLUSION........................................................................................ 26 i Case: 17-15589, 04/21/2017, ID: 10405670, DktEntry: 137, Page 7 of 49 TABLE OF AUTHORITIES Page(s) Cases Astoria Fed. Say. & Loan Assn v. Solimino, 501 U.S. 104 (1991)........................................................................18 Aziz v. Trump, 2017 WL 580855 (E.D. Va. Feb. 13, 2017) ....................................... 9 Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah, 508 U.S. 520 (1993)........................................................................10 City of Cleburne v. Cleburne Living Ctr., 473 U.S. 432 (1985)........................................................................14 Edwards v. Aguillard, 482 U.S. 578 (1987)..........................................................................8 FDA v. Brown & Williamson Tobacco Corp., 529 U.S. 120 (2000)........................................................................17 FTC v. Mandel Brothers, Inc., 359 U.S. 385 (1959)........................................................................18 Gustafson v. Alloyd Co., 513 U.S. 561 (1995)........................................................................18 Intl Refugee Assistance Project v. Trump, 2017 WL 1018235 (D. Md. Mar. 16, 2017) .......................................9 Hilton v. Braunskill, 481 U.S. 770 (1987)........................................................................24 Judulang v. Holder, 565 U.S. 42 (2011)..........................................................................19 Larson v. Valente, 456 U.S. 228 (1982)..........................................................................8 ii Case: 17-15589, 04/21/2017, ID: 10405670, DktEntry: 137, Page 8 of 49 Lemon v. Kurtzman, 403 U.S. 602 (1971)..........................................................................8 McCreary County v. ACLU, 545 U.S. 844 (2005)........................................................................10 Miller v. Gammie, 335 F.3d 889 (9th Cir. 2003)............................................................9 Olsen v. Albright, 990 F. Supp. 31 (D.D.C. 1997) ...................................................15-16 Smoot v. Boise Cascade Corp., 942 F.2d 1408 (9th Cir. 1991)........................................................14 Romer v. Evans, 517 U.S. 620 (1996)........................................................................14 Washington v. Trump, 847 F.3d 1151 (9th Cir. 2017)..........................................................9 Washington v. Trump, 2017 WL 992527..............................................................9,12,24-25 Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7 (2008)..............................................................................7 Statutes, Legislative Materials, and Ordinances 8 U.S.C. § 1152(a)(1)(A)......................................................................15-18 8 U.S.C. § 1182(f)................................................................................17-19 8 U.S.C. § 1182(a)(3)(B)...........................................................................18 1965 U.S.C.C.A.N. 3328..........................................................................15 Municipal Code of Chicago, Ill. § 2-160-010 ...........................................16 Municipal Code of Chicago, Ill. § 5-8-010 ...............................................16 Municipal Code of Chicago, Ill. § 9-115-180 ...........................................16 Municipal Code of Chicago, Ill. § 13-72-040 ...........................................16 Municipal Code of Los Angeles Charter § 104(i) ....................................16 iii Case: 17-15589, 04/21/2017, ID: 10405670, DktEntry: 137, Page 9 of 49 Municipal Code of Los Angeles Charter § 1024 ......................................16 Municipal Code of Los Angeles Admin. Code § 4.400 ............................16 Municipal Code of Los Angeles Admin. Code § 10.8 ..............................16 Municipal Code of Los Angeles Admin. Code § 10.13 ............................16 New York City Charter, § 900.................................................................16 N.Y.C. Admin. Code § 4-116....................................................................16 N.Y.C. Admin. Code § 8-107....................................................................16 Philadelphia Code, § 9-1101....................................................................16 Philadelphia Code, § 9-1103....................................................................16 Philadelphia Code, § 9-1106....................................................................16 Philadelphia Code, § 9-1108....................................................................16 iv Case: 17-15589, 04/21/2017, ID: 10405670, DktEntry: 137, Page 10 of 49 STATEMENT OF INTEREST OF AMICI CURIAE Amici include some of the largest cities and counties in the United States.' Chicago, Los Angeles, New York City, and Philadelphia alone have a population of over 16.6 million, including more than five million immigrants from 150 countries.' These cities account for almost one- fifth of the gross domestic product.' As of 2015, approximately 213,100 residents in the Chicago, Los Angeles, and New York City metropolitan areas were born in five of the six countries targeted by the Executive Order.' 1 The parties have consented to the filing of this brief. It was not authored, in whole or in part, by counsel for any party, and no such counsel or party contributed money that was intended to fund preparing or submitting the brief. No person other than amici or their counsel contributed money that was intended to fund preparing or submitting the brief. ' Support for all data is in the appendix to this brief. ' Ted Hesson, Why American Cities Are Fighting to Attract Immigrants, https://www.theatlantic. com/business/archive/2015/07/us-cities- immigrants-economy/398987/ (NYC, LA, Houston, and Chicago are roughly 1/5 of GDP). ' Alan Berube, These communities have a lot at stake in Trump's executive order on immigration, https://www.brookings.edu/blog/the- Case: 17-15589, 04/21/2017, ID: 10405670, DktEntry: 137, Page 11 of 49 Chicago, Los Angeles, and New York City are some of the largest employers in their jurisdictions, collectively employing approximately 365,000 people. In New York City, 34% of city workers are foreign - born; in Los Angeles, 22% are. Immigrants also make up a substantial portion of our cities' private workforces: 46% of the 4.3 million workers in New York; 26.5% of the 1.27 million workers in Chicago; and approximately 17% of the 640,000 workers in Philadelphia. At least 12,500 private employees work using international visas in Chicago alone. Immigrants make up a majority of New York City's business owners, 44% in Los Angeles, 27% in Chicago, and 14% in Philadelphia. Chicago and Los Angeles welcome and resettle some of the largest numbers of refugees in the United States. From October 2015 to September 2016, approximately 2,100 refugees were resettled in the Chicago area, including nearly 800 from the targeted countries. 2800 were resettled in the Los Angeles area, 1,900 from Iran alone. 682 refugees arrived in Philadelphia, including 176 from the targeted countries. Approximately 1,300 refugees have been resettled in New avenue/2017/01/30/these-communities-have-a-lot-at-stake-in-trumps- executive-order-on-immigration/. 0 Case: 17-15589, 04/21/2017, ID: 10405670, DktEntry: 137, Page 12 of 49 York City in the past five years. Chicago, Los Angeles, New York City, and Philadelphia also operate or are served by large international airports. More than 400 international flights, bringing more than 60,000 passengers, arrive daily in Chicago and Los Angeles. The tourism sectors of the local economies in Chicago, Los Angeles, New York City, and Philadelphia create roughly $70 billion a year in local revenue. In 2016, our cities hosted more than 20 million foreign visitors, who spent an estimated $6.3 billion in Los Angeles County, and $1.88 billion in Chicago, including $1.25 million by tourists from the six targeted countries. As a result of the Executive Order, New York City now predicts a 300,000 - person drop in foreign visitors this year.' More generally, "[f]ollowing President Trump's Jan. 27 executive order banning people from seven predominantly Muslim countries from entering the United States, the demand for travel to the United States took a nosedive, according to ' Patrick McGeehan, New York Expects Fewer Foreign Tourists, Saying Trump Is to Blame, https://www.nytimes.com/2017/02/28/nyregion/new- york-foreign-tourists-trump-policies.html?_r=0. 3 Case: 17-15589, 04/21/2017, ID: 10405670, DktEntry: 137, Page 13 of 49 data from several travel companies and research firms."' Chicago, Los Angeles, New York City, and Philadelphia together have 162 four-year colleges and universities, with approximately 100,000 international students. Chicago is also home to 44 major hospitals, which serve thousands of international patients a year. The Middle East region is the top source of patients traveling to the U.S. for medical care.' Amici are profoundly opposed to the Executive Order, which is as misguided as it is unconstitutional. Our cities serve as gateways for immigrants and refugees starting new lives in America. And when they have come, lelverywhere immigrants have enriched and strengthened the fabric of American life."' Perhaps uniquely in the world, the identity of American cities has been forged since the inception of our 6 Shivani Vora, After Travel Ban, Interest in Trips to U.S. Declines, https://www. nytimes.com/2017/02/20/travel/after-travel-ban-declining- interest-trips-to-unite d-states.html. 7 Kristen Schorsch, How Trump's Travel Ban Could Hit Medical Tourism Hard, http://www.chicagobusiness.com/article/20170201/ news03/170209996/how-trumps-travel-ban-could-hit-medical-tourism- hard. ' John F. Kennedy, A Nation of Immigrants 3 (Harper rev. ed 2008). Case: 17-15589, 04/21/2017, ID: 10405670, DktEntry: 137, Page 14 of 49 Nation from the toil of immigrants and their embrace of the American ideal. The district court properly determined that plaintiffs were likely to succeed on their Establishment Clause claim, at least, and would suffer irreparable harm if the Order were not enjoined. Further supporting the district court's determination, the Order will cause irreparable harm to cities and counties across the United States. The Order seriously endangers our communities. Among other things, the Order undermines trust and cooperation between local law enforcement and immigrant communities, which is necessary to effectively detect terrorist activity and combat crime. The Order also harms our businesses, educational institutions, and hospitals; limits our labor pool; decreases our tax revenues; and dampens our tourism industry. Amici file this brief to urge the court to affirm the district court's preliminary injunction and deny defendants' motion for a stay pending appeal. 5 Case: 17-15589, 04/21/2017, ID: 10405670, DktEntry: 137, Page 15 of 49 SUMMARY OF ARGUMENT Defendants have failed to establish that the district court abused its discretion in issuing the preliminary injunction, or that the injunction should be stayed. The district court properly recognized that sections 2 and 6 of the Executive Order violate the Establishment Clause. Under the extraordinary circumstances presented here, deference to the claimed national security rationale for the Order is not warranted. The record presents compelling evidence that the Order was motivated by President Trump's stated belief that "Islam hates us" and his related desire to exclude Muslims. Broadcast many times and in many ways, the President's anti -Muslim message has been clear and consistent. The Order also unlawfully discriminates based on national origin. Both the equal protection component of the Fifth Amendment's Due Process Clause and the Immigration and Nationality Act of 1965 prohibit the Order's arbitrary, blanket discrimination. The district court's balancing of the interests on both sides amply justifies the injunction. The public interest as reflected in the profound C6 Case: 17-15589, 04/21/2017, ID: 10405670, DktEntry: 137, Page 16 of 49 harm inflicted on amici and their communities provides further support. This court should affirm the preliminary injunction. Defendants have also failed to make the strong showing required to obtain a stay pending appeal. The speculative harms defendants foresee do not outweigh the concrete, imminent, and dramatic harm to plaintiffs and their amici. ARGUMENT Applying Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 20 (2008), the district court found that plaintiffs were likely to prevail on their Establishment Clause claim, E.R. 53-64; that Dr. Elshikh would suffer irreparable harm if the Executive Order takes effect, E.R. 64; and that "the balance of equities and public interests justify granting the Plaintiffs' TRO," E.R. 66. The court later reaffirmed those findings and converted the TRO to a preliminary injunction. E.R. 1-24. Rejecting defendants' attempt to disregard the historical context in which the Order was adopted, the court held that is would not "crawl into a corner, pull the shutters closed, and pretend it has not seen what it has." E.R. 17. The district court did not abuse its discretion. Accordingly, the 7 Case: 17-15589, 04/21/2017, ID: 10405670, DktEntry: 137, Page 17 of 49 preliminary injunction should be affirmed, and in the interim it should not be stayed. I. THE DISTRICT COURT CORRECTLY CONCLUDED THAT PLAINTIFFS ESTABLISHED A LIKELIHOOD OF SUCCESS ON THE MERITS. A. The Order Violates the Establishment Clause. "The clearest command of the Establishment Clause is that one religious denomination cannot be officially preferred over another." Larson v. Valente, 456 U.S. 228, 244 (1982). Because the Executive Order does not on its face refer to religion, E.R. 32, the district court reviewed it under the three-part test of Lemon v. Kurtzman, 403 U.S. 602, 612-13 (1971). If a policy fails any of the three parts, it violates the Establishment Clause, Edwards v. Aguillard, 482 U.S. 578, 583 (1987), and here, the Order fails at least the first, in that its predominant purpose is to advance religion. As the district court recognized, the record indicates that the Executive Order "was issued with a purpose to disfavor a particular religion, in spite of its stated, religiously -neutral purpose." E.R. 52-53. To begin, the anti -Muslim statements by President Trump and his advisors have been well documented. E.g., E.R. 57-59. The district W Case: 17-15589, 04/21/2017, ID: 10405670, DktEntry: 137, Page 18 of 49 court properly concluded that this court's decision in Washington v. Trump permits the consideration of such statements because "evidence of purpose beyond the face of the challenged law may be considered in evaluating Establishment and Equal Protection Clause claims." E.R. 16-17 (quoting Washington v. Trump, 847 F.3d 1151, 1167 (9th Cir. 2017).9 As the district court held, such statements showed a rampant and palpable discriminatory purpose. E.R. 59-60. Two other district courts likewise found. Intl Refugee Assistance Project v. Trump, No. TDC-17-0361, 2017 WL 1018235, at *17-18 (D. Md. Mar. 16, 2017); Aziz v. Trump, 2017 WL 580855, at **8-9 (E.D. Va. Feb. 13, 2017).10 9 In the absence of a hearing en banc, the decision in Washington v. Trump is binding in this appeal, since "a three-judge panel may not overrule a prior decision of the court." E.g., Miller v. Gammie, 335 F.3d 889, 899 (9th Cir. 2003). In crediting the President's prior statements, it is not necessary to "look behind" the Executive Order's facial purpose, Washington v. Trump, 2017 WL 992527 at *5 (Bybee, J., dissenting), or demand that the President disclose his "`real' reasons" for the order, id. at *9, as the judges dissenting from this court's en banc decision not to vacate the panel opinion concerning the prior Executive Order believed. These have been aired by the President himself, early and often. " Campaign statements may not always evince intent, since candidates sometimes pledge one thing and do another once elected. But here, President Trump has confirmed the Order's discriminatory purpose since taking office — and it functions exactly as he promised when campaigning. E Case: 17-15589, 04/21/2017, ID: 10405670, DktEntry: 137, Page 19 of 49 It is of no moment that the Order now disclaims discriminatory intent and professes a national security purpose, or that it lacks the prior order's explicit religious preference. "Official action that targets religious conduct for distinctive treatment cannot be shielded by mere compliance with the requirement of facial neutrality." Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah, 508 U.S. 520, 534 (1993). For this reason, it is "the duty of the courts" to distinguish a "sincere" secular purpose from one that is a "sham," or that is "secondary" to a "predominately religious" purpose. McCreary County v. ACLU, 545 U.S. 844, 862 (2005). Here the religious objective could not be more apparent: the Executive Order, by the administration's own admissions, was intended to target Muslims. Furthermore, although the federal government asserts that the Executive Order is neutral with respect to religion, this ignores the reality of the Order's intended effects. Most of the 38,901 Muslim refugees admitted to the United States in fiscal year 2016 came 10 Case: 17-15589, 04/21/2017, ID: 10405670, DktEntry: 137, Page 20 of 49 from the six countries targeted by the Executive Order." Indeed, given current global conditions of civil war, ethnic conflict, drought, famine, and radical Islamic elements, most refugees worldwide come from predominately Muslim countries.12 Under these circumstances, an Executive Order banning refugees is a Muslim ban. That the ban is temporary and against fewer than all Muslims in the world ignores that temporary and partial are not defenses to an Establishment Clause violation. Defendants argue that the Court should not "plop Establishment Clause cases from the domestic context over to the foreign affairs context." Brief for Appellants 42 (citation omitted). That simply ignores the Order's profound and immediate domestic effects — it both seeks to shape the make-up of the American community, and declares to those already here that Muslims are less worthy of membership. Unlike the President's decision to treat (or not) with a foreign theocracy, 11 Phillip Connor, U.S. admits record number of Muslim refugees in 2016, http://www.pewresearch.org/fact-tank/2016/10/05/u-s-admits- record-number-of-muslim-refugee s -in -2016/. 12 Figures at a Glance, UNHCR, http://www.unhcr.org/en-us/figures-at- a-glance.html. 11 Case: 17-15589, 04/21/2017, ID: 10405670, DktEntry: 137, Page 21 of 49 or to make similar foreign policy judgments, the Order injures core Establishment Clause values and protections here at home. The Order's asserted national security interests are unsupported. The Order states that its restrictions are necessary to prevent "foreign nationals who may commit, aid, or support acts of terrorism" from entering the country. Order § 1(a). But as the district court correctly observed, the record provides reason to question the claimed national security justification for the Order. E.R. 60-61. This court likewise observed that there is "no evidence that any alien from any of the countries named in the Order has perpetrated a terrorist attack in the United States." Washington v. Trump, 847 F.3d at 1168. Indeed, no Americans have been killed in terrorist attacks on U.S. soil by foreign nationals from the targeted countries since 1975.13 DHS itself reports that country of citizenship is an "unlikely indicator" of potential terrorist activity. E.R. 37. The Order's assertion that "[s]ince 2001, hundreds of persons born abroad have been convicted of terrorism -related crimes in the United " Alex Nowrasteh, Where Do Terrorists Come From? Not the Nations Named in Trump Ban, http://www.newsweek.com/where-do-terrorists- come-not-seven-countries-named-550581. 12 Case: 17-15589, 04/21/2017, ID: 10405670, DktEntry: 137, Page 22 of 49 States," Order § 1(a), does not fill that gap because it does not tie that number to the six countries identified in section 2(c).14 These numbers are further suspect because they include individuals initially wrapped into a "terror -related" investigation, but later convicted of charges with no connection to terrorism.15 Accordingly, defendants have failed to meet their burden to demonstrate that the district court abused its discretion in finding that plaintiffs are likely to succeed on the merits of their Establishment Clause claim. B. The Order Unlawfully Discriminates Based On National Origin. The federal government's defense that the Executive Order is not a religious ban at all but one based on national origin does not save it. At the outset, as we explain, the Order's reliance on national origin is " The Order also states that Attorney General Sessions has reported that "more than 300 persons who entered the United States as refugees are currently the subjects of counterterrorism investigations" by the FBI. Order § 1(h). Tellingly, the Order does not claim that any of these refugees came from the six targeted countries. 15 Shirin Sinnar, More Misleading Claims on Immigrants and Terrorism, https://www.justsecurity.org/38341/misleading-claims- immigrants-terrorism. 13 Case: 17-15589, 04/21/2017, ID: 10405670, DktEntry: 137, Page 23 of 49 merely a pretext for discrimination against Muslims. Regardless, the pretextual national origin basis for the classification is itself unlawful. For one thing, the Order violates the equal protection component of the Fifth Amendment's Due Process Clause.18 By banning nationals of countries not shown to perpetrate terrorism in the United States and not banning nationals of countries that do, the Executive Order is so staggeringly underinclusive and overinclusive for the stated goal of national security and so profoundly arbitrary that it is unconstitutional for that reason alone. Utterly irrational classifications that do not serve the stated purpose violate equal protection. City of Cleburne v. Cleburne Living Ctr., 473 U.S. 432, 446 (1985) ("The State may not rely on a classification whose relationship to an asserted goal is so attenuated as to render the distinction arbitrary or irrational."); see also Romer v. Evans, 517 U.S. 620, 635 (1996) (invalidating under the Equal Protection Clause "a status -based enactment divorced from any factual context from which we could discern a relationship to legitimate state 16 Although the district court did not reach the merits of plaintiffs' equal protection claim, this court "may affirm on any ground adequately supported by the record." Smoot v. Boise Cascade Corp., 942 F.2d 1408, 1411 (9th Cir. 1991). 14 Case: 17-15589, 04/21/2017, ID: 10405670, DktEntry: 137, Page 24 of 49 1 interests; ... a classification of persons undertaken for its own sake"). Beyond that, the Order violates the Immigration and Nationality Act of 1965 ("INA'). "During most of its history, the United States openly discriminated against individuals on the basis of race and national origin in its immigration laws." Olsen v. Albright, 990 F. Supp. 31, 37 (D.D.C. 1997). But, as President Kennedy noted, "the national origins quota system ha[d] strong overtones of an indefensible racial preference." John F. Kennedy, A Nation of Immigrants 45 (Harper rev. ed 2008). Accordingly, "[t]hroughout the latter half of the Twentieth Century, Congress moved away from such discriminatory policies. The most profound change was the [INA]," which "eliminated discrimination on the basis of race and national origin." Id.; see also 1965 U.S.C.C.A.N. 3328, 3328 (quoting S. Rep. No. 89-748) (principal purpose of INA was "to repeal the national origin quota provisions of the Immigration and Nationality Act, and to substitute a new system for the selection of immigrants to the United States"). The INA could not be more clear: "no person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person's race, sex, nationality, place of birth, or place of residence." 8 U.S.C. § 15 Case: 17-15589, 04/21/2017, ID: 10405670, DktEntry: 137, Page 25 of 49 1152(a)(1)(A). Moreover, "[t]he legislative history surrounding the [INA] is replete with the bold anti -discriminatory principles of the Civil Rights Era. Indeed, the [INA] was passed alongside the Civil Rights Act of 1964 and the Voting Rights Act of 1965." Olsen, 990 F. Supp. at 37. The Executive Order is in direct violation of section 1152(a). Strong enforcement of the INA's antidiscrimination provision is profoundly important to amici, which have adopted similar laws prohibiting discrimination in their local communities in all aspects of life — housing, employment, public accommodation, transportation, schooling, government services, and public employment. E.g., Municipal Code of Chicago, Ill. §§ 2-160-010, 5-8-010, 9-115-180, 13-72- 040; Los Angeles Charter §§ 104(i), 1024; Los Angeles Admin. Code §§ 4.400, 10.8, 10.13; New York City Charter, § 900; N.Y.C. Admin. Code H 4-116; 8-107; Philadelphia Code, §§ 9-1101, 9-1103, 9-1106, 9-1108. Such laws reflect amici's strong commitment to equal opportunity and equal rights, just as section 1152(a) does. The Executive Order's blatant discrimination based on national origin turns the clock back on this important civil rights guarantee, and it should be set aside. To be sure, the President has broad authority over the entry of E. Case: 17-15589, 04/21/2017, ID: 10405670, DktEntry: 137, Page 26 of 49 aliens generally: "Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate." 8 U.S.C. § 1182(f). But for two reasons in particular, section 1182(f) does not save the Executive Order. First, section 1152(a)'s prohibition on discrimination was enacted after section 1182(f) and is properly understood as a limitation on the authority previously granted under section 1182(f) to suspend entry. "Mhe meaning of one statute may be affected by other Acts, particularly where Congress has spoken subsequently and more specifically to the topic at hand." FDA v. Brown & Williamson Tobacco Corp., 529 U.S. 120, 133 (2000). Thus, although section 1182(f) grants the President authority to suspend entry of a class of immigrants whose entry "would be detrimental to the interests of the United States," section 1152 declares Congress's determination that it is not in the national interest to discriminate based upon national origin. This 17 Case: 17-15589, 04/21/2017, ID: 10405670, DktEntry: 137, Page 27 of 49 reading also construes these provisions "as a symmetrical and coherent regulatory scheme," Gustafson v. Alloyd Co., 513 U.S. 561, 569 (1995), and "fit [s] all parts into an harmonious whole," FTC v. Mandel Brothers, Inc., 359 U.S. 385, 389 (1959). By contrast, to read section 1182(f) as though section 1152(a) did not exist is inconsistent with settled rules of statutory construction and should be rejected. E.g., Astoria Fed. Say. & Loan Assn v. Solimino, 501 U.S. 104, 112 (1991) ("[W]e construe statutes, where possible, so as to avoid rendering superfluous any parts thereof."). Second, section 1182(f) should be read in light of the grounds for denial of admission for terrorist activity that are specifically set forth in section 1182(a)(3)(B). That provision mandates an individualized inquiry; it does not authorize blanket exclusion based solely on the applicant's nation of origin. Even considering section 1182(f) in isolation, the Executive Order's exclusion of all immigrants and refugees from six countries, solely because of the happenstance of their birthplace, cannot stand. The plain language of section 1182(f) requires a determination that the entry of aliens or a class of aliens is "detrimental to the interests of the In Case: 17-15589, 04/21/2017, ID: 10405670, DktEntry: 137, Page 28 of 49 United States," and here it is simply not possible to say that every single person, or even a majority of persons, born in the six targeted countries presents a security risk to the United States. Most obviously perhaps, this group includes people who left their birthplace as infants or children, and perhaps were born to parents who themselves were not citizens of the country where their children were born. These immigrants and refugees could have lived nearly their entire lives in countries that even the federal government does not think present any risk to the United States, and yet they are banned solely because of where they were born. Even on immigration matters, discretion must be exercised "in a reasoned manner." Judulang v. Holder, 565 U.S. 42, 53 (2011). A classification based on national origin is not rational." II. THE BALANCE OF THE EQUITIES FAVORS AN INJUNCTION, AND A STAY SHOULD BE DENIED. Defendants have failed to establish that the district court abused 17 The Executive Order states the six targeted countries are unable to "share or validate" data about individuals seeking to enter the United States. Order § 1(d). But this assertion regarding vetting cannot be read as a blanket "determination" that all individuals from the six countries are "detrimental' to the United States in violation of section 1182(f). W Case: 17-15589, 04/21/2017, ID: 10405670, DktEntry: 137, Page 29 of 49 its discretion in concluding that plaintiffs would suffer irreparable harm in the absence of a preliminary injunction. The court properly found that Dr. Elshikh made a showing of "direct, concrete injuries to the exercise of his Establishment Clause rights." E.R. 64. By contrast, defendants identify no actual irreparable harm from the injunction. They rely upon the general proposition that any interference with government activity is necessarily irreparable, Brief for Appellants 54, but the district court properly determined that the record presented only "questionable evidence supporting the Government's national security motivations." E.R. 66. Beyond that, the Executive Order subverts the very national security purpose it claims to serve and inflicts profound harms on amici and their communities. The unlawful discrimination based on religion and national origin undermines trust between our law enforcement agencies and our immigrant communities, which in turn hinders our ability to protect our residents. Chicago, Los Angeles, New York City, Philadelphia, and the other amici, as financial, political, and cultural hubs in the United States, draw unique attention from individuals looking to harm this country. Additionally, local law enforcement 20 Case: 17-15589, 04/21/2017, ID: 10405670, DktEntry: 137, Page 30 of 49 officers play an increasingly important role in efforts to detect and protect against national security threats. For these and other reasons, cities are a crucial part of the first-line defense against terrorism.18 To serve the purpose of national security, our cities must be able to work in coordination with everyone in our ethnically diverse communities. Even at the strictly local level, the safety and security of our residents and visitors depends upon cooperation between the residents and local police. The United States Department of Justice's own Office of Community Oriented Policing Services has emphasized this fact time and again.19 With decades of experience policing neighborhoods that are home to immigrant populations, amici are keenly and uniquely aware 18 E.g., Mitch Silber and Adam Frey, Detect, Disrupt, and Detain: Local Law Enforcements Critical Roles in Combating Homegrown Terrorism and the Evolving Terrorist Threat, http://ir.lawnet.fordham. e du/cgi/viewcontent. cgi? article=2508 &context= ulj; David Thacher, The Local Role in Homeland Security, 39 Law & Soc'y Rev. 635 (Sept. 2005), http s:Hdeepblue.lib. umich. e dulbitstre am/handle/2027.42/73848/j.1540- 5893.2005.00236.x.pdf?sequence=l; DHS Announces Expansion of the Securing the Cities Program, https://www.dhs.gov/news/2015/09/14/dhs- announces-exp ansion-securing-citie s -program. 18 E.g., Community Policing Defined, DOJ, Office of Community Oriented Policing Services (rev. 2014), https:Hric-zai- inc.com/Publications/cops-pl57-pub.pdf. 21 Case: 17-15589, 04/21/2017, ID: 10405670, DktEntry: 137, Page 31 of 49 that ostracized residents are reluctant to report crimes or others suspicious behavior. In short, by targeting immigrants based on religion and national origin, the Executive Order makes all of our residents and visitors, and indeed everyone in the country, less safe. The Order's message that citizens of majority -Muslim countries threaten national security inflicts other harm. Distrust and fear of such individuals give rise to hate crimes against anyone different. In the first 34 days following the 2016 election, 1,094 hate crimes and lesser hate incidents were reported nationwide; 315 were categorized as anti - immigrant, and 112 anti-Muslim.20 Cities across the country saw hate crimes rise dramatically in the three months after the election. New York City reported twice the number of hate crime incidents compared to the same period a year prior; Chicago had twice as many arrests for hate crimes; in Philadelphia, there was a 157% increase in the number of hate crimes reported to police, and a 1,433% increase in hate or bias incidents reported to the Philadelphia Commission on Human Relations. In Los Angeles, hate crime incidents doubled, to 30, in the 20 Update: 1,094 Bias -Related Incidents in the Month Following the Election, https://www.splcenter.org/hatewatch/2016/12/16/update-1094- bias-relate d -incidents -month -following -election. 22 Case: 17-15589, 04/21/2017, ID: 10405670, DktEntry: 137, Page 32 of 49 month following the presidential election. And in the first five weeks of 2017, the number of hate crimes recorded in Chicago was more than triple the number for the same period in 2016. Foreign residents of our cities who feel unwelcome are more likely to cut themselves off from public life and public programs. They may refuse to participate in public health programs such as vaccinations or seek medical care for contagious diseases. They may keep their children out of school to avoid harassment and stay away from places of worship. And these effects will not be limited to individuals from the six targeted countries. Others will have cause to worry that the public will embrace the Executive Order's anti -Muslim, anti -immigrant stance. The Order therefore places millions of people at risk of harm or being driven underground, making both those residents and our cities less safe. Finally, the incredibly broad exclusion of immigrants from the targeted six countries — concededly many orders of magnitude broader than any threat even the federal government perceives — inflicts serious financial and social costs on amici. At the outset, while the Executive Order itself applies only to people from these six countries, the anti - 23 Case: 17-15589, 04/21/2017, ID: 10405670, DktEntry: 137, Page 33 of 49 immigrant sentiment reflected in the Order dissuades immigrants and travelers from many others. As a result of the Order, significant numbers of travelers are simply not coming to the United States, to say nothing of immigrants who are dissuaded from choosing to live here. This will cost amici hundreds of millions in tourism dollars, as well as workers and entrepreneurs with unique skills and training. Our colleges, universities, and hospitals will suffer as well, from a lack of diversity, and the loss of some of the best talent in the world. Amici urge the court to weigh these costs in the balance of harms, and to affirm the preliminary injunction. A stay is unwarranted. To obtain a stay pending appeal, defendants must make a "strong showing" that they are likely to succeed on the merits. Hilton v. Braunskill, 481 U.S. 770, 776 (1987). Defendants are not likely to prevail, as we explain above. Moreover, the status quo since January 27, 2017, when the first Executive Order was enjoined, is that travel and immigration restrictions have not been in place in this country. See Washington v. Trump, 847 F.3d at 1168 ("the Government submitted no evidence to rebut the States' argument that the district court's order merely returned the nation temporarily to the 24 Case: 17-15589, 04/21/2017, ID: 10405670, DktEntry: 137, Page 34 of 49 position it has occupied for many previous years"). There is no reason to upset that status quo. Defendants have not acted as though time is of the essence. President Trump did not issue the revised Executive Order until nearly one month after this court declined to stay the order enjoining the original Executive Order. By contrast, this court has expedited the appeal — a significant step toward a prompt, definitive ruling. Allowing the Order to go into effect on an interim basis would itself cause irreparable harm. Amici pursue their anti -terrorism efforts and hate -crime enforcement every day, and the Order's so-called "pause" in immigration and refugees will not pause the need for that vigilance, nor the Order's counterproductive impact on our efforts. At the same time, hundreds of thousands of workers, tourists, students, and patients worldwide are making life -changing — even life -and -death — decisions now. At least some will be unwilling or unable to put their lives on pause, but will make an irrevocable decision not to travel to the United State if the injunction is stayed. Accordingly, the motion to stay should be denied. 25 Case: 17-15589, 04/21/2017, ID: 10405670, Dk- Entry: 137, Page 35 of 49 CONCLUSION The district court's preliminary injunction should be affirmed, and defendants' motion for a stay pending appeal should be denied. RYAN P. POSCABLO BRIAN NEFF ELIBERTY LOPEZ Riley Safer Holmes & Cancila LLP 1330 Avenue of the Americas, 6'h Floor New York, NY 10019 (212)660-1030 rposcablo@rshc-law.com NICK KAHLON Riley Safer Holmes & Cancila LLP Three First National Plaza 70 W. Madison Street, Suite 2900 Chicago, IL 60602 (312) 471-8700 nkahlon@rshc-law.com Attorneys for Amicus Curiae, City of Chicago Respectfully submitted, sBenna Ruth Solomon EDWARD N. SISKEL Corporation Counsel of the City of Chicago BENNA RUTH SOLOMON Deputy Corporation Counsel 30 N. LaSalle Street, Suite 800 Chicago, IL 60602 (312)744-7764 benna.solomon@cityofchicago.org Attorneys for Amicus Curiae, City of Chicago 26 Case: 17-15589, 04/21/2017, ID: 10405670, DktEntry: 137, Page 36 of 49 APPENDIX Case: 17-15589, 04/21/2017, ID: 10405670, DktEntry: 137, Page 37 of 49 CHICAGO The population of the Chicago is 2,717,534.1 Chicago has residents from more than 127 foreign countries.' At least 572,066 of Chicago's residents are immigrants.' 3,731 of Chicago's residents were born in Iran, Libya, Somalia, Sudan, Syria, and Yemen, of whom 1,650 are non -citizens' Approximately 1.27 million people are employed in Chicago.' Of those, 26.5% are foreign -born immigrants,' including an estimated 976 non - citizen immigrants from the six targeted countries.' The City itself employs more than 32,000 people.' Approximately 27% of Chicago's business owners are immigrants,9 of whom an estimated 0.7% come from the six targeted countries.'o 1 U.S. Census Bureau, 2011-2015 American Community Survey 5 -Year Estimates. ' Id. 3 Id. ' U.S. Census Bureau, American Community Survey PUMS 1 -Year 2015 Data. ' U.S. Census Bureau, 2011-2015 American Community Survey 5 -Year Estimates. 6 Id. 7 Id. 3 https://www.cityofchicago.org/city/en/depts/dhr/dataset/ current_employeenames salariesandpositiontitles.html. ' https://www.americanimmigrationcouncil.org/research/new- americans-illinois. to Id. Al Case: 17-15589, 04/21/2017, ID: 10405670, DktEntry: 137, Page 38 of 49 At least 12,500 private employees work in Chicago on international visas." In 2016, approximately 2,091 refugees were resettled in Chicago, including 794 from the six targeted countries.12 Chicago has 34 four-year colleges and universities, with more than 13,789 international students in the 2015-16 academic year.13 City Colleges of Chicago (CCC) has seven colleges, with approximately 558 international students in the 2015-16 academic year. 175 of these were born in, arrived on visas from, or are nationals of the six countries. 14 The tourism sector of Chicago's local economy accounts for $911 million a year in local tax revenue and $2.3 billion in hotel revenue alone.15 232 flights arrive at Chicago airports from international destinations every day, bringing 31,856 passengers.16 Each international flight arrival yields approximately $212,000 in local economic impact.17 11 http://ireports.wrapsnet.org/ (by destination and nationality). 12 U.S. Department of State, Bureau of Population, Refugees and Migration, Office of Admissions — Refugee Processing Center, http://ireports.wrapsnet.org/. 13 http://www.collegesimply.com/colleges/illinois/chicago/four-year- colleges/; http://www.iie.org/Research-and-Insights/Open-Doors/Fact- Sheets-and-Infographics/US-State-Fact-Sheets/2016. 14 Jeff Donoghue, CCC, 3/9/17; (includes credit students only). 15 Alfred Orendorff, ChooseChicago. 16 http://www.flychicago.com/business/CDA/factsfig-ures/Pages/ airtraffic.aspx. 17 Jonathan Leach, Chicago Department of Aviation. M. Case: 17-15589, 04/21/2017, ID: 10405670, DktEntry: 137, Page 39 of 49 In 2016, Chicago welcomed 54.1 million visitors,18 1.62 million of whom visited from overseas.19 Approximately 1,000 international visitors were from the six targeted countries.20 In 2015, tourism brought $14.66 billion in direct spending to Chicago. Annually, international visitors to Chicago spend an estimated $1.88 billion, generating $112 million in state and local taxes.21 The average overseas visitor spends about $2,313 per trip visiting Chicago.22 Tourists from the six countries account for an estimated $1.25 million of local economic impact per year.23 Chicago is home to 44 major hospitals,24 which serve thousands of international patients a year. The Middle East is the top source of patients traveling to the U.S. for medical care.25 18 https://www.cityofchicago.org/city/en/depts/mayor/press—rooni/ press releases/2016/april/Mayor-Choose-Chicago-Announce-Record- Tourism-2015.html. " U.S. Department of Commerce, National Travel and Tourism Office. Original source: http://tinet.ita.doc.gov/outreachpages/download—data—table/. 2015_States_and _Cities.pdf. 20 Alfred Orendorff, ChooseChicago. 21 Id. 22 Id. 23 Id. 24 http://www.ihatoday.org/uploadDoes/l/hospcounty.pdf; https://www.cityofchicago. org/city/en/depts/cdph/supp_info/clinical_healt h/Find—a—clinic.html. 25 http://www.chicagobusiness.com/article/20170201/news03/170209996/ how -trumps -travel -ban -could -hit -medical -tourism -hard. A3 Case: 17-15589, 04/21/2017, ID: 10405670, DktEntry: 137, Page 40 of 49 Chicago established the Chicago Legal Protection Fund to increase legal services for immigrant communities across the city.26 The Fund was allocated $1.3 million for FY2017 to support organizations — including Heartland Alliance's National Immigrant Justice Center (NIJC) and The Resurrection Project (TRP) — and serve more than 20,000 immigrants through community-based outreach, education, legal consultations, and legal representation.27 NIJC also received $150,000 from Chicago for fiscal year 2017 for its Immigrant Children's Protection Project, which provides legal services to unaccompanied children held in Chicago -area shelters.28 In calendar year 2016, NIJC and TRP represented clients from at least 132 countries, including all six targeted countries.29 In Chicago, there were twice as many arrests for hate crimes in the three months after the Presidential election than during the same period in the prior year.30 In the first five weeks of 2017, the number of hate crimes recorded in Chicago was more than triple the number for the same period in 2016. Additionally, hate crimes categorized as anti -Muslim or anti -Arab hit five-year highs in Chicago in 2016.31 26 Seemi Choudry, Director of Office of New Americans, Chicago. 27 Id. 2s Id. 29 Id. " Brandon Nemec, Mayor's Office liaison with Chicago Police Department. 31 http://www.chicagotribune.com/suburbs/daily-southtown/news/ct-sta- hate-crimes-increase-st-0305-20170303-story.html. Case: 17-15589, 04/21/2017, ID: 10405670, DktEntry: 137, Page 41 of 49 NEW YORK CITY The population of New York City is 8,550,405 as of 2015.52 New York has residents from more than 150 foreign countries.53 New York City is home to 3 million foreign -born New Yorkers, about 37% of the City's population. Approximately 49% of New Yorkers speak a language other than English at home.54 New York City is home to an estimated 26,566 individuals born in Sudan, Yemen, Syria, Iran, Somalia, and Libya.55 Approximately 4.3 million people are employed in New York City; of those, 46% are foreign -born immigrants.56 New York City itself employs 287,000 people,57 34% of them foreign-born.58 51% of New York City's business owners are immigrants.59 52 http://www.census.gov/quickfacts/table/PST045215/3651000. 53 Our Immigrant Population Helps Power NYC Economy, Comptroller Scott Stringer, 2017. 64 U.S. Census Bureau, 2011-2015 American Community Survey 5 -Year Estimates. 55 Id. 56 Id. 57 https://www.nytimes.com/2016/10/12/nyregion/bill-de-blasio- government jobs.html?_r=0. " U.S. Census Bureau, 2011-2015 American Community Survey 5 -Year Estimates. " Our Immigrant Population Helps Power NYC Economy, Comptroller Scott Stringer, 2017. A5 Case: 17-15589, 04/21/2017, ID: 10405670, DktEntry: 137, Page 42 of 49 About 1,300 refugees have been resettled in New York City in the last five years.60 The tourism sector of New York City's local economy includes direct visitor spending in 2015 of $42.2 bilhon.61 In 2015, New York City welcomed 58.5 million visitors, including 12.3 million foreign visitors.62 The City predicts a 300,000 -person drop in foreign visitors this year.63 New York City has 87 four-year colleges and universities, with approximately 50,000 international students.64 In the three months following the Presidential election, New York City has characterized 43 crimes as possible hate crime incidents,65 an increase of 115% for the same three-month period.66 " Data compiled by the Bureau of Population, Refugees, and Migrants Office of Admissions—Refugee Processing Center. 61 http://www.nycandcompany.org/researcli/nyc-statistics-page. 62 Id. 63 https://www.nytimes.com/2017/02/28/nyregion/new-york-foreign- tourists-trump-policies.html?_r=0. 64 46,870 foreign students were enrolled during the 2012-2013 school year. https://www.nyeede.com/blog-entry/international-students-nye. 65 http://observer.com/2016/12/nypd-reports-huge-spike-in-hate-crimes- since-donald-trumps-election/. 66 http://www.nyl.com/nyc/all-boroughs/news/2016/12/5/since-election- day--nypd-reports-a-spike-in-hate-crimes-around-the-city-compared-to- last-year.html. W Case: 17-15589, 04/21/2017, ID: 10405670, DktEntry: 137, Page 43 of 49 LOS ANGELES The population of our metropolitan area (Los Angeles County) is 10.2 million people, with more than 3.9 million living in the city.67 Los Angeles has residents from more than 135 foreign countries, and 185 languages are spoken here.68 At least 1.5 million city residents are themselves immigrants, 37.8% of our total population. Approximately 43% of residents of Los Angeles County were born in another country.fi9 As of 2015, the Los Angeles metropolitan area had over 152,000 immigrants from the six affected countries, including 136,000 from Iran, 14,900 from Syria, 600 from Sudan, 500 from Somalia, and 100 from Yemen.70 Our city employs approximately 45,000 people, 22% of whom are foreign -born immigrants. 44% of business owners in Los Angeles are immigrants.71 67 U.S. Census Bureau, 2011-2015 American Community Survey 5 -Year Estimates. 68 Id. 69 Id. 70 https://www.brookings.edu/blog/the-avenue/2017/01/30/these- communities-have-a-lot-at-stake-in-trumps-executive-order-on- immigration/. 41 2010 ACS Single year estimate. A7 Case: 17-15589, 04/21/2017, ID: 10405670, DktEntry: 137, Page 44 of 49 Between October 2015 and September 2016, approximately 2,800 refugees were resettled in Los Angeles County, including approximately 2,000 from the six targeted countries, and 1,900 from Iran alone.72 185 flights arrive at LAX from international destinations every day, bringing 31,000 passengers, including more than 150 from the targeted countries.73 The tourism sector of the local economy accounts for $21 billion a year in direct spending by visitors to Los Angeles County and $260 million in hotel taxes alone. Tourism supports approximately 500,000 jobs in the leisure and hospitality sectors.74 In 2016, Los Angeles welcomed 47 million visitors, including 7.1 million foreign nationals who spent $6.3 billion. At least 160,000 visitors hail from the Middle East; they spent at least $185 million while in Los Angeles.75 Los Angeles has at least ten four-year colleges and universities, with approximately 25,000 international students.76 The Mayor of Los Angeles has reported that hate crime incidents doubled to 30 in the month following the Presidential election.77 72 U.S. Department of State, Bureau of Population, Refugees and Migration, Office of Admissions — Refugee Processing Center. 73 LAX officials. 74 Discover LA. 75 Id. 's University enrollment data. 77 http://abc7.com/politics/gareetti-discusses-las-rise-in-hate-crimes- after-election/1651429/. 9E. Case: 17-15589, 04/21/2017, ID: 10405670, DktEntry: 137, Page 45 of 49 PHILADELPHIA The population of the City of Philadelphia is approximately 1,526,006,78 and approximately 6,051,170 for the Philadelphia Metropolitan Statistical Area.79 Philadelphia has residents from more than 130 foreign countries.80 At least 197,563 of our residents are immigrants.S1 Approximately 1,456 of Philadelphia residents were born in Iran, Libya, Somalia, Sudan, Syria, and Yemen.82 Approximately 640,661 people are employed in Philadelphia, and 108,010 of them are foreign -born (not including individuals who work in Philadelphia but reside outside the city).83 78 U.S. Census Bureau, 2011-2015 American Community Survey 5 -Year Estimates. 79 U.S. Census Bureau, Annual Estimates of the Resident Population: April 1, 2010 to July 1, 2014 — United States — Metropolitan and Micropolitan. " U.S. Census Bureau, Place of Birth for the Foreign -Born Population in the United States, 2011-2015 American Community Survey 5 -year Estimates. 81 Id. 82 Id. 83 U.S. Census Bureau, Selected Characteristics of the Native and Foreign -Born Populations, 2011 American Community Survey 5 -Year Estimates. Mm Case: 17-15589, 04/21/2017, ID: 10405670, DktEntry: 137, Page 46 of 49 In 2013, immigrants made up 14% of business owners in Philadelphia; and immigrants are 28% of the area's "Main Street" business owners, including 23% of retail store owners and 34% of restaurant owners.84 In 2016, approximately 682 refugees were resettled in Philadelphia, including 176 from the six targeted countries.85 The Philadelphia Metropolitan Area is home to 31 four-year colleges and universities, with 21,273 international students.86 The economic impact from tourism in Philadelphia in 2015 was $6.2 billion, including $3.9 billion in direct visitor spending, which generated an estimated $277 million in taxes.87 In the three months following the Presidential election, eleven hate crimes were reported to Philadelphia police, a 157% increase over the seven reported in the three-month period around the same time last year.88 In the same time period, the Philadelphia Commission on 84 Americas Society/Council of the Americas and Fiscal Policy Institute, Brinain�,r Vitality to Main Street: How ImmiaTant Small Businesses Help Local Economies Grow, at 16 (available at http://www.as- coa.org/sites/default/files/ ImmigrantBusinessReport.pdf). 85 U.S. Department of State, Bureau of Population, Refugees and Migration, Office of Admissions — Refugee Processing Center, http://ireports.wrapsnet.org/. " CampusPhilly; Christine Farrugia, Rajika Bhandari, Ph.D., 2015 Open Doors, Report on International Educational Exchange. " Philadelphia Convention and Visitors Bureau (Staff Person), citing Tourism as an Economic Engine for Greater Philadelphia 2015 Visitation and Economic Impact Report, http://files.visitphilly.com/Visit- Philly-2015-Visitation-and-Impact-Full-Report.pdf. " Philadelphia Police Department, Research and Analysis Unit Statistical Section; see also Uniform Crime Reporting System, Monthly A10 Case: 17-15589, 04/21/2017, ID: 10405670, DktEntry: 137, Page 47 of 49 Human Relations received reports of 43 separate hate or bias incidents, as compared to just 3 reports during the same time last year, a 1433% increase.89 Summary Hate/Bias Motivation Report for Philadelphia City, http://ucr.psp. state.pa.us/UCR/Reporting/Monthly/Summary/MonthlySu mHateUI. asp?rbS et=4. " Philadelphia Commission on Human Relations. All Case: 17-15589, 04/21/2017, ID: 10405670, DktEntry: 137, Page 48 of 49 CERTIFICATE OF SERVICE I hereby certify that on April 21, 2017, I electronically filed the foregoing Brief and Appendix of Chicago, Los Angeles, New York, Philadelphia, and Other Major Cities and Counties as Amici Curiae in Support of Affirmance and in Opposition to a Stay Pending Appeal with the Clerk of the Court for the United States Court of Appeals for the Ninth Circuit by using the appellate CM/ECF system. Participants in the case who are registered CM/ECF users will be served by the appellate CM/ECF system. s/Benna Ruth Solomon BENNA RUTH SOLOMON Deputy Corporation Counsel of the City of Chicago 30 N. LaSalle Street, Suite 800 Chicago, IL 60602 (312)744-7764 benna.solomon@cityofchicago.org Case: 17-15589, 04/21/2017, ID: 10405670, DktEntry: 137, Page 49 of 49 CNDIN 00Wrefily0IWDOMIUMrMto)D This brief and appendix comply with the typeface requirements of Fed. R. App. P. 32(a)(5) and the type style requirements of Fed. R. App. P. 32(a)(6) because they use a proportionally spaced typeface (Century Schoolbook) in 14 -point using Microsoft Word. The brief and appendix comply with the type -volume limits of Fed. R. App. P. 29(a)(5) because they together contain 6,426 words, which is less than half of the 13,000 words allowed for principal briefs under Fed. R. App. P. 32(a)(7)(B)(i). UO -1 a -t r IF Iowa City Police Department and University of Iowa DPS Bar Check Report - April, 2017 The purpose of the Bar Check Report is to track the performance of Iowa City liquor license establishments in monitoring their patrons for violations of Iowa City's ordinances on Possession of Alcohol Under the Legal Age (PAULA) and Persons Under the Legal Age in Licensed or Permitted Establishments (Under 21). Bar checks are defined by resolution as an officer -initiated check of a liquor establishment for PAULA or other alcohol related violations. This includes checks done as part of directed checks of designated liquor establishments, and checks initiated by officers as part of their routine duties. It does not include officer responses to calls for service. The bar check ratios are calculated by dividing the number of citations issued to the patrons at that establishment during the relevant period of time by the number of bar checks performed during the same period of time. The resulting PAULA ratio holds special significance to those establishments with exception certificates, entertainment venue status, or split venues, in that they risk losing their special status if at any time their PAULA ratio exceeds .25 for the trailing 12 months. Note, while the resolution requires that bar checks and citations of the University of Iowa Department of Public Safety (DPS) be included in these statistics, the DPS ceased performing bar checks and issuing these citations to patrons in May of 2014. Previous 12 Months Top 10 Under 21 Citations PAULA Citations 121rn , P, .IL its C it,.'nons Kilo :den Lounge 5 3 L .t;o Union Bar 103 134 1.30097091 iUnion Bar 103 85 0.8252427 Summit. [The] 66 51 0.7727273 Summit. [The] 66 33 0.5000000 Eden Lounge 31 20 0.64516131 !Sports Column 70 24 0.3428571 Sports Column 70 22 0.3142857 Eden Lounge 31 7 0.2258065 DC's 69 20 0.28985511 'Airliner 24 4 0.1666667 Pints 33 7 0.2121212 Fieldhouse 54 8 0.1481481 Airliner 24 5 0.20833331 'DC's 69 6 0.0869565 Fieldhouse 54 11 0.2037037 Brothers Bar & Grill, [It's] 100 7 0.0700000 Martini's 32 6 0.1875000 Martini's 32 2 0.0625000 Brothers Bar & Grill, [It's] 100 17 0.1700000 ,Blue Moose- 24 1 0.0416667 Only those cst,,bhshments with at least 10 bar checks oie listed in dic chart obose. Current Month Top 10 Under 21 Citations PAULA Citations sports Column 5 3 0.6000000 :den Lounge 5 3 0.6000000 ummit. [The] 11 6 0.5454545 Jnion Bar 11 4 0.3636364 ieldhouse 8 2 0.2500000 )C's 5 1 0.2000000 lirliner 6 1 0.1666667 Busines, N, me - '/ficin : it,)twrL_ _ Rat,o_ Sports Column 5 9 1.8000000 Summit. [The] 11 11 1.0000000 Martini's 3 2 0.6666667 Union Bar 11 5 0.4545455 DC's 5 2 0.4000000 Eden Lounge 5 2 0.4000000 Airliner 6 2 0.3333333 Fieldhouse 8 2 0.2500000 -exception to 21 ordinance Page 1 of 6 Iowa City Police Department and University of Iowa DPS Bar Check Report - April, 2017 Possession of Alcohol Under the Legal Age (PAULA) Under 21 Charges Numbers are reflective of Iowa City Police activity and University of Iowa Police Activity Business Name Monthlv Totals I Bar Under2l PAULA Checks Prev 12 Month Totals I Bar Under2l PAULA Checks Under2l PAULA Ratio Ratio (Prev 12 Mo) (Prev 12 Mo) 2 Dogs Pub 0 0 0 2 0 0 0 0 Airliner 6 1 2 24 5 4 0.2083333 0.1666667 American Legion 0 0 0 Atlas World Grill 0 0 0 Bardot Iowa 1 0 0 6 0 0 0 0 Baroncini— 0 0 0 Basta 0 0 0 Big Grove Brewery 0 0 0 1 0 0 0 0 Blackstone— 0 0 0 1 0 0 0 0 Blue Moose— 1 0 0 24 2 1 0.0833333 0.0416667 Bluebird Diner 0 0 0 Bob's Your Uncle 0 0 0 Bo -James 1 0 0 6 3 0 0.5 0 Bread Garden Market & Bakery ^' 0 0 0 Brix 0 0 0 Brothers Bar & Grill, [It's] 10 0 0 100 17 7 0.17 0.07 Brown Bottle, [The]— 0 0 0 Buffalo Wild Wings Grill & Bar— 0 0 0 Cactus 2 Mexican Grill (314 E Burlington) 1 0 0 4 0 0 0 0 Cactus Mexican Grill (245 s. Gilbert) 1 0 0 6 0 8 0 1.3333333 Caliente Night Club 0 0 0 2 0 0 0 0 Carl & Ernie's Pub & Grill 0 0 0 2 0 0 0 0 Carlos O'Kelly's— 0 0 0 Chili Yummy Yummy Chili 0 0 0 Chipotle Mexican Grill 0 0 0 —exception to 21 ordinance Page 2 of 6 Business Name Monthlv Totals Bar Under2l PAULA Checks Prev 12 Month Totals Bar Under2l PAULA Checks Under 21 PAULA Ratio Ratio (Prev 12 Mo) (Prev 12 Mo) Clarion Highlander Hotel 0 0 0 Clinton St Social Club 0 0 0 Club Car, [The] 0 0 0 1 0 0 0 0 Coach's Corner 0 0 0 1 0 0 0 0 Colonial Lanes" 0 0 0 Dave's Foxhead Tavern 0 0 0 DC's 5 1 2 69 20 6 0.2898551 0.0869565 Deadwood, [The] 0 0 0 2 0 0 0 0 Devotay— 0 0 0 Donnelly's Pub 0 0 0 Dublin Underground, [The] 1 0 0 4 0 0 0 0 Eagle's, [Fraternal Order of] 0 0 0 Eden Lounge 5 3 2 31 20 7 0.6451613 0.2258065 EI Banditos 0 0 0 EI Cactus Mexican Cuisine 0 0 0 EI Dorado Mexican Restaurant 0 0 0 EI Ranchero Mexican Restaurant 0 0 0 Elks#590, [BPO] 0 0 0 EnglertTheatre— 0 0 0 Fieldhouse 8 2 2 54 11 8 0.2037037 0.1481481 FilmScene 0 0 0 First Avenue Club— 1 0 0 2 0 0 0 0 Formosa Asian Cuisine— 0 0 0 Gabes- 1 0 0 9 0 0 0 0 George's Buffet 0 0 0 1 0 0 0 0 Givanni's- 0 0 0 Godfather's Pizza 0 0 0 Graze- 0 0 0 Grizzly's South Side Pub 0 0 0 2 0 0 0 0 Hilltop Lounge, [The] 0 0 0 2 0 0 0 0 Howling Dogs Bistro 0 0 0 IC Ugly's 0 0 0 6 0 0 0 0 -exception to 21 ordinance Page 3 of 6 Business Name Monthlv Totals Bar Under2l PAULA Checks I I Prev 12 Month Totals Bar Under2l PAULA Checks I Under 21 PAULA Ratio Ratio (Prev 12 Mo) (Prev 12 Mo) India Cafe 0 0 0 Iron Hawk 0 0 0 Jimmy lack's Rib Shack 0 0 0 Jobsite 0 0 0 3 0 0 0 0 Joe's Place 1 0 0 17 0 0 0 0 Joseph's Steak House" 0 0 0 Linn Street Cafe 0 0 0 Los Portales 0 0 0 Martini's 3 0 2 32 6 2 0.1875 0.0625 Masala 0 0 0 Mekong Restaurant" 0 0 0 Micky's- 0 0 0 Mill Restaurant, [The]" 0 0 0 Moose, [Loyal Order of] 0 0 0 Mosleys 0 0 0 2 0 0 0 0 Motley Cow Cafe" 0 0 0 Noodles & Company- 0 0 0 Okoboji Grill" 0 0 0 Old Capitol Brew Works 0 0 0 One -Twenty -Six 0 0 0 Orchard Green Restaurant- 0 0 0 Oyama Sushi Japanese Restaurant 0 0 0 Pagliai's Pizza` 0 0 0 Panchero's (Clinton St)- 0 0 0 Panchero's Grill (Riverside Dr)- 0 0 0 Pints 3 0 0 33 7 1 0.2121212 0.0303030 Pit Smokehouse 0 0 0 Pizza Arcade 0 0 0 Pizza Hut- 0 0 0 Players 0 0 0 Quinton's Bar & Deli 0 0 0 1 0 0 0 0 Rice Village 0 0 0 exception to 21 ordinance Page 4 of 6 Business Name Monthly Totals I Bar Under2l PAULA Checks I Prev 12 Month Totals I Bar Unde21 PAULA Checks Under 21 PAULA Ratio Ratio (Prev 12 Mo) (Prev 12 Mo) Ride 0 0 0 Ridge Pub 0 0 0 Riverside Theatre" 0 0 0 Saloon— 0 0 0 2 0 0 0 0 Sam's Pizza 0 0 0 Sanctuary Restaurant, [The] 0 0 0 Shakespeare's 0 0 0 Sheraton 0 0 0 Short's Burger & Shine— 0 0 0 Short's Burger Eastside 0 0 0 Sports Column 5 3 9 70 22 24 0.3142857 0.3428571 Studio 13 1 0 0 4 0 0 0 0 Summit. [The] 11 6 11 66 51 33 0.7727273 0.5 Sushi Popo 0 0 0 Szechuan House 0 0 0 Takanami Restaurant— 0 0 0 Taqueria Acapulco 0 0 0 TCB 2 0 0 23 0 0 0 0 Thai Flavors 0 0 0 Thai Spice 0 0 0 Times Club @ Prairie Lights 0 0 0 Trumpet Blossom Cafe 0 0 0 Union Bar 11. 4 5 103 134 85 1.3009709 0.8252427 VFW Post#3949 0 0 0 Vine Tavern, [The] 0 0 0 2 0 0 0 0 Wig & Pen Pizza Pub— 0 0 0 Yacht Club, [Iowa City]— 0 0 0 3 0 0 0 0 Yen Ching 0 0 0 Z'Mariks Noodle House 0 0 0 exception to 21 ordinance Page 5 of 6 Off Premise Monthlv Totals Prev 12 Month Totals Under2l PAULA Bar Under2l PAULA Bar Under2l PAULA Ratio Ratio Checks Checks (Prev 12 Mo) (Prev 12 Mo) Totals 79 20 35 723 298 186 0.4121715 0.2572614 0 0 1 0 1 0 99 1 0 0 Grand Totals I 36 1 I 285 exception to 21 ordinance Page 6 of 6 i I IP5 CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (319)356-5000 (319)356-5009 FAX www.icgov.org May 4, 2017 TO: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination — Treatment Plant Operator - Water Under the authority of the Civil Service Commission of Iowa City, Iowa, I do hereby certify the following named person(s) as eligible for the position of Treatment Plant Operator — Water. Samuel Fosse IOWA CITY CIVIL SERVICE COMMISSION LyraW. Dickerson, Chair CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (3 19) 356-5009 FAX W W W.icgov.org May 10, 2017 TO: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination — Maintenance Worker I — Water Customer Service Under the authority of the Civil Service Commission of Iowa City, Iowa, I do hereby certify the following named person(s) as eligible for the position of Maintenance Worker I —Water Customer Service. Samuel Callahan IOWA CITY CIVIL SERVICE COMMISSION LyraOW. Dickerson, Chair r _ IP7 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319)3S6-5000 (3 19) 356-5009 FAX www.icgov.org May 10, 2017 TO: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination — Geographic Information System Coordinator Under the authority of the Civil Service Commission of Iowa City, Iowa, I do hereby certify the following named person(s) as eligible for the position of Geographic Information System Coordinator. Edward McNaughton IOWA CITY CIVIL SERVICE COMMISSION �A_A � F�N✓� �� �sO�r Lyr Dickerson, Chair 17 DRAFT IP8 COMMUNITY POLICE REVIEW BOARD MINUTES — May 9, 2017 CALL TO ORDER: Vice Chair Orville Townsend called the meeting to order at 5:30 P.M. MEMBERS PRESENT: Monique Green, Donald King (electronically) MEMBERS ABSENT: Mazahir Salih, Joseph Treloar STAFF PRESENT: Kellie Fruehling STAFF ABSENT: Legal Counsel Pat Ford OTHERS PRESENT: Sargent Derek Frank of the ICPD RECOMMENDATIONS TO COUNCIL None CONSENT CALENDAR Motion by King, seconded by Green, to adopt the consent calendar as presented or amended. • Minutes of the meeting on 03/14/17 • Minutes of the meeting on 04/12/17 • ICPD GO#07-03 (ADM 09.1 Fiscal Management) • ICPD GO#00-01 (LEG -04.1 Search and Seizure) • ICPD GO#89-05 (OPS -01.1 Radio Communications Procedure) • ICPD GO#99-01 (OPS -02.1 Police Vehicle Pursuits) • ICPD GO#07-02 (OPS -21.1 Detainee Processing) • ICPD GO#99-04 (OPS -07.1 Canine Operations) • ICPD SOG#16-03 (Fire Prevention Plan) • ICPD SOG#01-17 (Missing Persons) Motion carried, 3/0, Salih and Treloar absent. NEW BUSINESS None. OLD BUSINESS Community Forum Discussion — Fruehling stated that the draft minutes from the community forum had a draft summary and the transcriptions attached for Board review before forwarding to Council. It was moved by King, seconded by Green to forward the draft summary to Council with no changes. Motion carried, 3/0, Salih and Treloar absent. PUBLIC DISCUSSION None. BOARD INFORMATION None. STAFF INFORMATION Fruehling noted she had included the Council approved revised by-laws in the meeting packet for member files. CPRB May 9, 2017 Page 2 TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) •June 13, 2017, 5:30 PM, Helling Conference Rm •July 11, 2017, 5:30 PM, Helling Conference Rm •August 8, 2017, 5:30 PM, Helling Conference Rm .September 12, 2017, 5:30 PM, Helling Conference Rm ADJOURNMENT Motion for adjournment by Green, seconded by King. Motion carried, 310, Salih and Treloar absent. Meeting adjourned at 5:35 P.M. COMMUNITY POLICE REVIEW BOARD ATTENDANCE RECORD YEAR 2016-2017 (MeetingDate KEY: X = TERM 5/18 5/23 6/7 8/17 9/13 10/11 11/7 11/15 12/15 1/10 2/14 3/14 4/12 5/9 NAME EXP. Joseph 7/1/17 O/E X X X X X X X X X X X X O/E Treloar Mazahir 7/1/17 X O/E O/E X X O X O X X X O/E X O/E Salih Donald 7/1/19 X X X O/E X O/E O/E OX OX O/E O/E X X X King Monique 7/1/20 --- --- --- X X X X X X X X X X X Green Orville 7/1/20 --- --- --- X X X X X X X X X X X Townsend Melissa 9/1/16 X X X --- --- --- --- --- — --- --- --- --- --- Jensen Royceann 9/1/16 X X O --- --- --- --- --- --- --- --- --- Porter KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting --- = Not a Member MINUTES PRELIMINARY HOUSING AND COMMUNITY DEVELOPMENT COMMISSION APRIL 20, 2017 — 6:30 PM SENIOR CENTER, ROOM 202 MEMBERS PRESENT: Peter Byler, Syndy Conger, Christine Harms, Harry Olmstead, Dorothy Persson, Emily Seiple, Paula Vaughan MEMBERS ABSENT: Bob Lamkins, John McMnstry STAFF PRESENT: Tracy Hightshoe OTHERS PRESENT: Maryann Dennis, Chris Villhauer RECOMMENDATIONS TO CITY COUNCIL: By a vote of 7-0 the Commission recommends to amend the FY17 Annual Action Plan to allocate all the FY17 HOME returned funds (Shelter House - $250,000) to the following eligible projects (recommended as FY18 projects, but can proceed immediately) $200,000 ICHA — Tenant Based Rent Assistance and $50,000 to Habitat for Humanity — Affordable Homeownership. By a vote of 7-0 the Commission recommends altering the March 7 CDBG/HOME budget HCDC recommendation to City Council by removing the two HOME projects (ICHA — Tenant Based Rent Assistance and Habitat for Humanity) from the FY18 Annual Action Plan and altering the HOME budget. Congress has not passed a budget yet and Iowa City has not received their final entitlement amount. As the City is expecting additional cuts to HOME, HCDC recommends the following HOME budget: • Successful Living: $36,000 • The Housing Fellowship Rehab: $97,000 • The Housing Fellowship CHDO Operations: $7,000 • Housing Rehab: $90,000 (Council set-aside) • HOME admin: $25,500 (Council set-aside) • Total HOME budget: $255,500 If the final HOME budget exceeds the estimated HOME budget by $20,000, the available HOME funds will be allocated to The Housing Fellowship. If less than $255,500, the projects will receive a pro -rated reduction. If the final HOME budget is more than $275,500, staff will have another funding round for HOME funds. No applicant will receive less than the original March 7 HCDC recommendation if another funding round is needed. If the CDBG recommendation is within 20% of the estimate, the amount will be prorated to each project (increase or decrease) up to the requested amount if an increase. CALL MEETING TO ORDER: Byler called the meeting to order at 6:30 PM. Housing and Community Development Commission April 20, 2017 Page 2 of 8 APPROVAL OF THE MARCH 7. 2017 MINUTES: Hightshoe noted that in the conversation about Successful Living and why it had to be CDBG funds the reason is based on deciding if a project is financially feasible throughout the affordability period without Medicaid payments for housing support services. Is the amount of rent collected, just rent, enough for them to operate affordable housing and be financially stable for the whole compliance period? Paragraph in minutes should read: Byler began with the Successful Living project and noted there are six commissioners that agreed to fully fund that project. Hightshoe noted that should be funded under CBDG funds as it may not be HOME eligible. Project must demonstrate feasibility over the whole compliance period without the support of Medicaid payments for support services. She has called HUD to inquire and that was verified. Conger noted some grammatical errors throughout the minutes. Olmstead moved to approve the minutes of March 7, 2017 with edits. Vaughn seconded the motion. A vote was taken and the motion passed 7-0. PUBLIC COMMENT FOR TOPICS NOT ON THE AGENDA: None. MONITORING REPORTS: Bilam Properties, LLC: Chris Villhauer (Director of Property Management, Southgate Companies) presented an update to the Commission. He stated they are on schedule with their project and will be done in the May timeframe. The feedback they have received from the townhouses that have been completed has been positive and the tenants are enjoying their new homes. Persson asked if this was the property off Mormon Trek, Villhauer confirmed it was, and how many of the units have now been upgraded. Villhauer stated they are updating 40 units with this current grant, and own 53 total units in the complex. Of the 13 not being updated at this time, some have had work done on them previously and others will have work done in the near future. Hightshoe explained that Bilam Properties, LLC received a $600,000 loan and they have spent all but around $100,000. Byler asked if they are moving tenants out of the apartments while renovating and then moving them back in. Villhauer said they gave tenants the option of moving to another unit in the complex and then moving back in once renovated, or just moving to a different unit permanently. Byler asked if anyone has had their lease expire and renewed since they have been in a newly renovated unit and did their rent increase. Villhauer stated they did not raise any of Housing and Community Development Commission Apd120,2017 Page 3 of 8 the rents for the units, and all the lease renewals they are doing for August there will also not be any rent increase. Olmstead asked if any of the units were accessible, Villhauer stated they are not. Hightshoe added the bedrooms are upstairs in the units. Byler asked if they do all their work in-house and Villhauer said they generally subcontract out and that is part of the reason why the process has been a little slower. The Housing Fellowship: Maryann Dennis (Executive Director) started her report noting the Sabin Townhomes are under construction, scheduled to be ready for rental in August. Hightshoe asked when they will close on the purchase of those units. Dennis believes they will close on their three units sometime in July. Dennis next discussed the rehab on the houses on Dover and Wayne Streets. Both are complete. There was a thank you note from the tenants of those units in the Commissioners' packets. Those tenants have lived in that property since 1998 and are thrilled with the updates. Dennis noted that The Housing Fellowship had to invest quite a bit of money into the Dover Street house and there are some huge overgrown trees that need considerable work and they are waiting on the weather to cooperate with finishing that project. Regarding the FY17 money, they have not yet utilized it. That $58,000 was intended to purchase one property but with the market in Iowa City and the location model makes it difficult. It they purchase one property it will likely have to be a condominium and the issue with The Housing Fellowship purchasing condominiums is the condo association fees and because the rents are capped. The Fellowship does own several condominiums, but the budget this year just for condo fees is $80,000 so therefore they would prefer to try and not buy another condo. Those fees are unpredictable, and the older condos can have assessments as well. Dennis would prefer if the Commission would allow them to look for land; they have identified three possible sites in Iowa City with the hopes of submitting a low-income house tax credit application to build on the site. So the $58,000 would be for a land acquisition. Hightshoe stated that the City has to commit the funds and if this year goes by without the funds being used and The Housing Fellowship doesn't get the tax credit in November, there is no time to allocate the funds to something else. It would be an issue of timing that Hightshoe would need to review and she will work with The Housing Fellowship to see what can be achieved. Persson asked how long The Housing Fellowship would hold the land before being able to build. Dennis said when you apply for the tax credit they must have control of the land, and the application for the tax credit is due in November and awarded in March. Then typically it is not until fall that the construction begins, once all due diligence is complete. Hightshoe stated that is her concern, if The Housing Fellowship does not get the tax credit in March, we only have until July 31 to commit the funds. We would have to have a project ready to go (site secured, environmental review done, underwriting and market analysis done, etc.) to commit these funds by July or HUD will recapture those funds. Housing and Community Development Commission April 20, 2017 Page 4 of 8 Dennis noted that with the FY18 money The Housing Fellowship hopes to receive ($86,000 pending Council approval), that project also includes money from The Housing Trust Fund, which has not been awarded yet. So the backup plan could be, if the Commission agrees, the $86,000 is for five units and they could go up to almost $125,000 for those five units, and then find another house to rehab. Persson asked if The Housing Fellowship could meet the timelines with the backup plan. Dennis confirmed for rehabs absolutely. Dennis added that the properties that they just released had other properties in that agreement that could be used for rehab. Byler commented on the original $58,000 to buy a home, at the meeting where the Commission allocated those funds it came to light, for example, why Successful Living has an easier time providing houses than The Housing Fellowship is because they are SRO units and the rents are like $2,800 for a four-bedroom unit. Byler asked why The Housing Fellowship couldn't rehab a house to have three individuals in one house in an effort to achieve lower rents for each SRO unit. Hightshoe noted that The Housing Fellowship focuses on families while Successful Living focuses on individuals. Byler understands but noted that the housing costs are continuing to go up and the rents are not. Byler stated he is fine with what The Housing Fellowship wants to do with the $58,000 and the rest of the Commissioners were also in agreement. Hightshoe said once The Housing Fellowship states their preference, rehab. or land acquisition, staff will prepare an Action Plan amendment. Dennis said she will find out the allocation from the Rehab Trust Fund next week. They have three possible land sites and they could do between 24 and 30 units. Mayor's Youth Empowerment Program: Hightshoe noted that Kari Wilken (Director of Resources, Mayors Youth Employment Program) could not be at the meeting tonight but sent an update via email to Kris Ackerson that Hightshoe will forward to the Commission. Shelter House: Hightshoe gave a quick update. Rapid Rehousing Program (tenant based rental assistance) was increased to $90,000 because of the Rose Oaks situation and they have spent all but $11,000. The grant was to end in November 2016, but entered an amendment to extend till December 2017 to expend all the funds. Tenant based rent assistance takes time to spend as assistance goes out each month, not in one large payment. The FUSE land acquisition declined their award and returned the $250,000 back to the City. They already own the land. Shelter House chose not to accept the HOME award because when they discussed the project with the Iowa Finance Authority (IFA) they were told that IFA did not want to combine local HOME dollars and National Trust Fund dollars on the same project. Byler asked if it was IFA's preference or requirement. Hightshoe said there is no law, but IFA told Shelter House they prefer an application that does not combine HOME funds with Trust Fund dollars. Housing and Community Development Commission April 20, 2017 Page 5 of 8 CONSIDER A RECOMMENDATION TO CITY COUNCIL REGARDING PROPOSED FY2017 ANNUAL ACTION PLAN AMENDMENT #1: Hightshoe explained that the City administers two programs; CDBG and HOME. While HUD programs they have different rules. On May 2 of each year HUD reviews CDBG timeliness. The City can't have more than 1.5 times their entitlement funds in their line of credit as of May 2 or the City must enter a "workout plan" to ensure the funds are spent on a timely basis. Hightshoe stated the City does not anticipate any problems meeting this deadline this year. The HOME program does not go by an expenditure ratio. Instead, funds must be committed by a certain date. There are two years to commit HOME funds but if the City has received more program income than anticipated it doesn't always match what is programmed out. If after two years if the dollars have not been committed HUD will take the funds back and will reallocate to another community. Therefore the City always tries to make sure HUD never recaptures any of the HOME funds. The word commit has a very specific meaning in the HOME program. A site must be secured, environmental review done, underwriting and marketing analysis completed, all sources of funds known and committed and an agreement entered to "commit" funds. So therefore when Shelter House declined their $250,000 award, staff looked at what projects could be committed by July 31 as we have a HOME commitment shortfall. This needs to be resolved by July 31. Habitat for Humanity has a site with an option to buy, and the money can be committed as soon as the environmental review is complete. The other option is tenant based rent assistance, it is environmentally exempt, and that could be committed instantly. It also doesn't need underwriting analysis because tenant based rent assistance is exempt. Those two projects would be $220,000. This would be more than enough to meet our HOME commitment shortfall. These projects would be moved from the FY18 Action Plan to FY17. That would leave $30,000 to allocate for FY18. Hightshoe noted that the City still has not received their HUD budget, and they cannot submit an Annual Action Plan to HUD without the budget, so they are in a holding pattern. HUD anticipates CDBG to be approximately the same with perhaps a small cut; however they anticipate cuts to the HOME program. Staff would like to get the Annual Action Plan ready so once they receive the HUD budget they can immediately submit the Plan to Council for approval. However, it may not be fair to have another funding round to request submissions for HOME funds only to find out that the City doesn't receive enough HOME funds to cover the full recommendation. When the Commission voted on the FY18 Annual Action Plan they made the recommendation that if the available funds are within 20% of the allocations all will be adjusted accordingly, if it is greater than a 20% differential the Commission will reconvene. Hightshoe is now suggesting for more guidance from the Commission on whether the 20% would be for the CDBG projects and a different recommendation for the HOME projects knowing now that the budget they predicted will likely be less for HOME. Seiple noted that two of the HOME projects in FY18 are now being funded in FY17 by the Shelter House monies. Hightshoe confirmed that was true. Housing and Community Development Commission April 20, 2017 Page 6 of 8 Byler stated that with the tenant based rent assistance money, Steve Rackis indicated that money would basically sit there until such time it was needed. Hightshoe stated they have four years to spend it. Persson noted that Rackis stated he would likely need all that money and it would be spent. Hightshoe said there are 2,000 people on the waithst, that money can be spent. Olmstead suggested giving tenant based rent assistance $200,000 and Habitat for Humanity $20,000. Seiple asked about the other $30,000. Hightshoe stated that Habitat for Humanity can only proceed with one of their homes immediately which is why the other $30,000 could be carried over to FY18. Persson asked if any of the money could be moved down to public facilities. Hightshoe confirmed they could not because it was HOME money. The CDBG recommendations are proceeding how the Commission recommended at the March meeting, it is the HOME money that is being redistributed. The Commission discussed the $30,000 and whether to allocate it now rather than carry it over to FY18. Byler wondered if more money was given to Habitat for Humanity if they could find another lot to purchase. Byler would prefer to commit the additional $30,000. Olmstead was in agreement but wanted to make sure the $30,000 was allocated to where it could meet the most need, if there are so many on the waitlist for housing perhaps the funds should go there. Olmstead moved to amend the FY17 Annual Action Plan to allocate all the FY17 HOME returned funds (Shelter House - $250,000) to the following eligible projects (previously recommended as FY18 projects, but can proceed immediately) $200,000 to the Iowa City Housing Authority for Tenant Based Rent Assistance and $50,000 to Habitat for Humanity — Affordable Homeownership. This recommendation will be submitted to City Council for consideration and approval. Persson seconded the motion. Vote was taken and the motion passed 7-0. REVIEW AND CONSIDER RECOMMENDATION TO CITY COUNCIL ON APPROVAL OF FY18 ANNUAL ACTION PLAN Byler noted that with the amendment to the FY17 Annual Action Plan it changes the recommended awards to the FY18 Annual Action Plan HOME funds. The options are to 1) allocate a bunch of money with no guarantee the City will even receive those monies, 2) allocate no additional money now and when the budget is determined the partners can ask for more money; or 3) allocate the $140,000 from the awards that were moved to FY17. Hightshoe noted that if they lower the HOME allocation to $140,000 (does not include set asides) that changes the administration funds — admin is 10% of the entitlement amount plus 10% of program income. If the entitlement amount is drastically lower, the CHDO application only gets 5% of that amount (HOME requirement that CHDO operating does not exceed 5% of the entitlement amount). Therefore it is better to recommend a percentage (5%) for The Housing Fellowship CHDO operating allocation rather than an amount, so it adjusts accordingly with the funds received. Housing and Community Development Commission April 20, 2017 Page 7 of 8 Conger moved to alter the March 7 CDBG/HOME budget HCDC recommendation to City Council by removing the two HOME projects (ICHA - Tenant Based Rent Assistance and Habitat for Humanity) from the FY18 Annual Action Plan and altering the HOME budget. Congress has not passed a budget yet and Iowa City has not received their final entitlement amount. As the City is expecting additional cuts to HOME, HCDC recommends the following HOME budget: Successful Living $36,000, The Housing Fellowship Rehab - $97,000, CHDO Operations $7,000, Housing Rehab. $90,000 (Council set-aside), HOME admin: $25,500 (Council set-aside). Total HOME budget $255,500. If the final HOME budget exceeds the estimated HOME budget by $20,000, the available HOME funds will be allocated to The Housing Fellowship. If the grant is less than $255,500, the projects will receive a pro -rated amount. If the final HOME budget is more than $275,500, staff will have another funding round for HOME funds. No applicant will receive less than the original March 7 HCDC recommendation if another funding round is needed. If the CDBG recommendation is within 20% of the estimate, the amount will be prorated to each project (increase or decrease) up to the requested amount if an increase. Olmstead seconded the motion and it passed with a vote 7-0. STAFF/COMMISSION COMMENT: Hightshoe stated that last year the City held the "So you want to start a business" series for primarily early stage entrepreneurs and due to its success it will be offered again this year, partnering with Kirkwood Community College and other community businesses. It will be a half-day event at Kirkwood on Saturday, May 20. They already have 25 participants registered. Olmstead announced that Sally Scott will be leaving the Coalition at the end of June. If anyone is interested please let him know. CORRESPONDENCE: There was a thank you note included in the Commissioner's packets. ADJOURNMENT: Olmstead moved to adjourn. Persson seconded the motion. Meeting adjourned. Housing and Community Development Commission Attendance Record Name Terms Exp. 5/19 6/16 8/18 9/15 10/20 11/17 12/15 1/19 2/9 2/16 3/7 4/20 Byler, Peter 7/1/17 X X X X X X X X O/E X X X Conger, Syndy VV18 O/E O/E X X O/E X X X O/E X X X Harms, Christine 7/1/19 X X X X X X X X X X X X Lamluns, Bob 7/1/19 X O/E O/E X O/E X O/E X O/E X X O/E McBinstry, John 7/1/17 X X O/E O/E X X X X X X X O/E Olmstead, Harry 7/1/18 X X X X O/E X X X X X X X Persson, Dottie 7/1/17 X X X X X X X X X X X X Seiple, Emily 7/1/18 X X X X X X X X X X X X Vaughan, Paula 7/1/19 --- --- X X O/E X X X X X X X Key: X = Present O = Absent O/E = Absent/Excused --- = Vacant MINUTES PRELIMINARY PLANNING AND ZONING COMMISSION MAY 4, 2017 — 7:00 PM — FORMAL MEETING E M M A J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Carolyn Dyer, Ann Freerks, Mike Hensch, Phoebe Martin, Max Parsons, Mark Signs, Jodie Theobald MEMBERS ABSENT: None STAFF PRESENT: Sara Hektoen, Bob Miklo OTHERS PRESENT: Del Holland RECOMMENDATIONS TO CITY COUNCIL: By a vote of 6-0 (Dyer recused) the Commission recommends approval of REZ17-00007 an application submitted by Iowa City Cohousing LLC for a rezoning of approximately 7.8 -acres to amend the preliminary OPD Plan to add three additional units to Prairie Hill, a 36 -unit cohousing development located west of Miller Avenue, south of Benton Street. By a vote of 7-0 the Commission recommends approval of SUB17-00004, an application for a preliminary and final plat of Little Ash Subdivision, a 1 -lot, 21.48 -acre residential subdivision located on the east side of Maier Avenue. By a vote of 7-0 the Commission recommends the City forward a letter to the Johnson County Board of Adjustment indicating that the City has no objection to the conditional use permit. CALL TO ORDER: Freerks called the meeting to order at 7:00 PM PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. REZONING ITEM REZ17-00007: Discussion of an application submitted by Iowa City Cohousing LLC for a rezoning of approximately 7.8 -acres to amend the preliminary OPD Plan to add three additional units to Prairie Hill, a 36 -unit cohousing development located west of Miller Avenue, south of Benton Street. Dyer recused herself and left the room during this discussion as she is on the Board of the Iowa City Cohousing LLC. Miklo noted that the Commission should all be familiar with this property, it is located on the west side of Miller Avenue on the south side of Benton Street. The surrounding properties for the most part are zoned RS -8, and to the north is Benton Hill Park which is zoned Public and to Planning and Zoning Commission May 4, 2017 — Formal Meeting Page 2 of 5 the south is zoned Community Commercial. Miklo explained that the planned development overlay that was approved included a private drive/street to serve 33 cohousing units. The proposal is to amend that plan to add one additional unit to the Common House (near the center of the development) and add two units to what was originally a duplex by adding a second floor. Miklo showed drawings of the previous proposal and then drawings of the new proposal. The new proposal also includes some minor design changes to other aspects of the plan, for example the townhouses will no longer be two stories, and they will be single floor units (but basically the same footprint). The garages would be slightly larger (extended by two feet) and there would be additional parking to accommodate the three additional units. In terms of density Miklo noted that this does fall in the RS -8 density, it is just under five units per acre, which is typical for RS -8 development. Staff is recommending approval of the amendment to the plan to allow the three additional units and design changes. Freerks asked if there was room for street trees along Miller Avenue. Miklo stated that yes there will be street trees along Miller Avenue. Freerks opened the public hearing. Del Holland , 1701 East Court Street, came forward representing the applicant to answer any questions. Freerks closed the public hearing. Hensch moved to approve REZ17-00007 an application submitted by Iowa City Cohousing LLC for a rezoning of approximately 7.8 -acres to amend the preliminary OPD Plan to add three additional units to Prairie Hill, a 36 -unit cohousing development located west of Miller Avenue, south of Benton Street. Parsons seconded the motion. Hektoen noted that this property is currently subject to a Conditional Zoning Agreement and those same conditions will remain in place. Miklo confirmed those would continue and not change. Freerks noted this is an exciting project that she is eager to see and the changes make sense. A vote was taken and the motion carried 6-0. DEVELOPMENT ITEM SUB17-00004: Discussion of an application submitted by Brian and Laura Wolf for a preliminary and final plat of Little Ash Subdivision, a 21.48 -acre, 1 -lot residential subdivision located on Maier Avenue SW in Fringe Area C. Miklo noted this property is located within the two-mile Fringe Area of Iowa City, but is well outside of the growth area and is not likely to be annexed into the city. The agreement with the County is the City is required to review and approve subdivisions within the two-mile Fringe Planning and Zoning Commission May 4, 2017 — Formal Meeting Page 3 of 5 Area. The subdivision is creating one buildable lot off from a larger parcel of property. Subdivisions outside of the growth area are required to adhere to the City Rural Design Standards contained in the Fringe Area Agreement. These standards generally conform to the County zoning and subdivision standards rather than typical City requirements for infrastructure and lot design. Staff recommends that SUB17-00004, an application for a preliminary and final plat of Little Ash Subdivision, a 1 -lot, 21.48 -acre residential subdivision located on the east side of Maier Avenue be approved. Freerks opened the public discussion. Seeing no one Freerks closed the public discussion. Parsons moved to approve SUB17-00004, an application for a preliminary and final plat of Little Ash Subdivision, a 1 -lot, 21.48 -acre residential subdivision located on the east side of Maier Avenue. Theobald seconded the motion. A vote was taken and the motion passed 7-0. CONDITIONAL USE ITEM CU17-00001: Discussion of an application submitted by Paula Boback to Johnson County for a conditional use permit to allow for a private school on property located at 3520 Osage Street. This property is located southwest of Iowa City in Fringe Area C of the Fringe Area Policy Agreement. Miklo noted this is the neighboring property from the one just discussed and again is well outside the City's growth area, although in the Fringe Area. The County's Zoning Ordinance allows schools in residential areas by a Conditional Use Permit. The County ordinance also requires that the City review the Conditional Use Permit within the Fringe Area. Miklo reiterated that this is not an area that is likely to be annexed into the city. He added if this area were annexed, the City also allows schools in residential neighborhoods by a special exception (similar to the County's Conditional Use process). Given the proposed use is not within the Growth Area and that the school use would not be incompatible with residential future growth, staff recommends that the City forward a letter to the Johnson County Board of Adjustment indicating that the City has no objection to the conditional use permit. Freerks opened the public hearing. Seeing no one Freerks closed public hearing. Signs moved that the City forward a letter to the Johnson County Board of Adjustment indicating that the City has no objection to the conditional use permit. Parsons seconded the motion. Signs noted in an effort to be transparent that the applicant's spouse is his personal doctor. Planning and Zoning Commission May 4, 2017 — Formal Meeting Page 4 of 5 Martin disclosed she one went camping with the applicants. Dyer noted it is a wonderful school proposal. A vote was taken and the motion carried 7-0. CONSIDERATION OF MEETING MINUTES: APRIL 20, 2017 Hensch moved to approve the meeting minutes of April 20, 2017. Theobald seconded the motion. A vote was taken and the motion passed 7-0. PLANNING AND ZONING INFORMATION: Miklo stated that the City is continuing to work with the consulting firm that is looking at the possibility of Form -Based Codes for the Northside and South Districts. The firm will be back in town next week and there will be a continuation of the workshops. On Wednesday the workshop will discuss the Northside and that will be at Horace Mann School 6:00 pm to 8:00 pm. Then on Thursday (again from 6:00 pm to 8:00 pm) at Alexander Elementary School to discuss the South District. Miklo asked that if the Commissioners plan to attend to let him know. Signs noted he will be attending the South District discussion on Thursday. Freerks will be at the Northside workshop. ADJOURNMENT: Hensch moved to adjourn. Parsons seconded. A vote was taken and motion carried 7-0. PLANNING & ZONING COMMISSION ATTENDANCE RECORD 2016-2017 KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member 6/2 7/7 7/21 8/4 9/1 10/6 10/20 11/17 12/1 12/15 1/19 2/2 3/2 3/16 4/6 (W.S.) 4/20 4/20 5/4 DYER, CAROLYN X X X X X X X X X X X X X X X X X X FREERKS, ANN X O/E X X X X X X X X X X X X O/E X X X HENSCH, MIKE X X O/E X X X X X X X X X X X X X X X MARTIN, PHOEBE X X O/E X X X O/E X O/E X X X X X X O/E O/E X PARSONS, MAX X X X X X X X X X X X X O/E X X X X X SIGNS, MARK X X X X X X X O/E X X X X X X X X X X THEOBALD, JODIE X X X X X X X X X X X X X X X X X X KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member