HomeMy WebLinkAbout1987-10-21 Info Packet of 10/17City of Iowa City
MEMORANDUM
DATE: October 17, 1986
T0: City Council
FROM: City Manager
Rt: Material in Friday's Packet
Memorandum from the Planning staff regarding Plaza Minipark design
recommendations.
Memorandum from the Legal staff regarding Dick Marole Lawsuit.
Invitation from National/ Computer Systems who is hosting a "Business PM"
for the Chamber of Commerce.
Meeting notice for the October 29 meeting of the Southeast Iowa Municipal
League.
Memorandum from the City Clerk regarding Sunday sales conditional approval.
Memorandum declaring Friday evening, October 31, as the official Trick
or Treat Night.
Memorandum from the Director of Parks and Recreation regarding the Halloween
parade and program.
Invitation from the United Action for Youth to an open house on October 23.
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City of Iowa City
MEMORANDUM
Date: October 16, 1986
T Iowa City City Council
Don Schmeiser, PPO Director
Melody Rockwell, Associate Planner
Re: Plaza Mini -park Design Recommendations
During the month of September 1986, staff received comments from City commis-
sions and the public concerning how the Plaza Mini -Park could function once
renovated. These ideas along with those expressed by Council at the upcoming
October 20 Council meeting will be forwarded to architect, Bill Nowysz, to be
incorporated into the park renovation design.
In the discussion to date, several themes have emerged concerning park func-
tion and design elements:
1. There has been nearly unanimous agreement that the park area should be
consistent in design with the existing and adjacent Dubuque Street por-
tion of City Plaza.
"The downtown plaza is a great place ... design the park space so that it
ties in ... is consistent with ... is an extension of the existing plaza.
Blend it in. Make it a permanent part of the plaza."
The design consistency theme was minimally modified by two persons asking
that walls of railroad ties not be used and another person suggesting
that the path surface from the Dubuque Street Plaza to the new Paul -Helen
Building entrance be made of a material which contrasts with the brick
used in the plaza.
The Parks and Recreation Department, charged with responsibility of
upkeep of this public space, strongly urged modification of certain plaza
design elements which have proved to be difficult and costly maintenance
problems. For example, placement of structures within the park should
allow sufficient room for mechanized cleaning, snow removal, etc. The
Parks and Recreation Commission has recommended that "careful thought be
given to designing the park so that there are minimal maintenance re-
quirements upon its completion."
The City planning staff suggests forwarding a recommendation for design
consistency to the architect along with a set of plaza design review
standards, a list of design considerations from the Parks and Recreation
Department to minimize maintenance requirements, and the individual
comments noted above.
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2. People expressed a range of preferences for how open or closed the park
area should be from the adjacent plaza and the Washington Street side-
walk.
Comments varied from statements, such as "No walls! Let it be open just
like the rest. of the plaza with people flowing through..." to requests
for "a quiet conversational area where people can withdraw, yet observe
the action on the plaza." Those who wanted the park to be like the plaza
in design, yet separate from its thoroughfare activity, asked that a
north wall be maintained to prevent people from "cutting through."
Staff recommends that the park be designed as an open and accessible area
with a minimum of walls. The park could provide an inviting, tree -
shaded, "sidewalk cafe" atmosphere with conversational groupings of
curved or angled benches and tables clustered primarily in the area south
of the entrance to the Paul -Helen Building and adjacent to the Dain
Bosworth Building. (See attached map.) This would allow an active
crossflow of people through the majority of the park while reserving a
quiet, conversational area already bounded on two sides by the walls of
the two adjacent buildings.
3. The third major area of discussion involved the question of whether or
not a stage should be incorporated into the park design.
Again, a wide range of preferences were expressed from "No stage! Let
people rally or perform at the fountain or at Old Capitol..." to "Create
an open space for people to gather, rally, set up card tables, enter-
tain... No elaboration, just space..." to "Provide a small stage; an
elevated, tiered platform with minimal amplification for quiet perform-
ances (poetry readings, classical guitar...), weddings, small rallies and
gatherings..." It is worth noting that even the persons wanting a stage
envisioned it in terms of being used for small, quiet happenings. There
was a strong consensus that the larger, louder events were already hap-
pening and should continue to be centered around the fountain area of the
plaza.
Staff recommends that a circular open space centered in the northern half
of the park be designed to serve as a small rally -performance -social
gathering area of the park. The area could be designated simply through
the use of a circular pattern of bricks or through a wide, low spiral
design with slightly raised, handicapped accessible tiers. We suggest
that no electronic amplification hookups be provided.
4. People agreed that the pathway from the plaza to the new Paul -Helen
Building entrance should be clearly visible and not blocked off by inap-
propriate placement of structures or activity areas within the park.
Staff concurs.
Miscellaneous recommendations:
A sidewalk wide enough to accommodate mechanized snow removal should
be constructed adjacent to the Paul -Helen Building from the Washing-
ton Street sidewalk to the new entrance. Part of the renovation
agreement for the Paul -Helen Building ensures that the building owner
will be responsible for the maintenance and snow removal for that
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sidewalk. A telephone utility line easement lies within this recom-
mended sidewalk corridor. The sidewalk would not interfere with
plantings because these should be placed away from the building, not
directly against it.
b. The Parks. and Recreation Department has requested that a watering
system should be provided for the park area. This system could feed
into a system for the plaza area. The plaza watering system is
defunct; the costly hand watering of the plaza plantings could be
remedied as part of the Plaza Mini -Park Renovation Project.
c. Project GREEN has suggested that the kiosk at the north end of the
Dubuque Street Plaza could be moved into the mini -park area. This
would open up a vista from the Dubuque and Washington intersection
down the length of the plaza to the Holiday Inn.
Staff requests advisory action on the part of Council. Are the above recom-
mendations acceptable? Should any alterations or other considerations be
forwarded with the staff report to the architect? Please inform us an Octo-
ber 20 as to your preferences and reservations. Feel free to call Melody at
356-5251 with any questions you may have concerning the Plaza Mini -Park
Renovation Project.
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City of Iowa City
MEMORANDUM
Date: October 10, 1986
To: City Council p
From: Terrence Timmins, City Attorneyo7.
David Brown, Assistant City Attorneyl p
Re: Dirk Marple Lawsuit 17
Our office is pleased to report a successful defense in the case of Dirk
Mar le v. Daniel Moore and Daniel Sellers (see attached copy of "Findings
of Fact, conclusions of Law, an u gement"). In the lawsuit which was
filed September 20, 1982, the Plaintiff Dirk Marple alleged three separate
causes of action against the two Iowa City police officers as a result of
an incident .which occurred September 26, 1980. Count I was a malicious
prosecution claim; Count II was an assault claim; and Count III was a
civil rights claim for alleged "excessive force" under 42 U.S.C. 51983.
The Plaintiff was. seeking both compensatory and punitive damages.
Count II ("Assault") was dismissed by the Court in July, 1985, as the
result of a motion for summary judgment filed by our office on behalf of
the defendants. The remaining two Counts were tried to the Court this
summer and resulted in judgment for the defendants.
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cc: City Manager
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RF^-'VED
C:T 091966
LECC 1. -RTMENT
IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY
DIRK MARPLE,
Plaintiff No. 47415 r-
va. FINDINGS OF FACT, =,b
CONCLUSIONS OF
DANIEL MOORS and AND JUDGMENT- ,
DANIEL SELLERS, Patrolmen for
the City of Iowa City; In ^ u
their individual and official -
capacity,
Defendants.
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1
This case came on for trial at its assigned time on the �
29th and 30th days Of July, 1986. The plaintiff anoeared in i
person and was represented by his attorney, Richard N.
2lnmarman. The defendants appeared in person and were reore- � .1
sented by their attorney, David E. Brown. This matter was tried
to the Court, evidence was received and the matter submitted �
subject to the filing of evidentiary depositions by the parties
and any briefs or arguments which the attorneys wish to submit i
1,
on or before September 12, 1986. j.
I
FINDINr,,S OF FACT
On September 26, 1980, at approximately 10:30 o.r.,
i
Dirk Marple, plaintiff herein, was walhinp in an easterly -�
direction on the north side of the 300 block of East Washington
Street in Iowa City, Johnson County, Iowa. Plaintiff saw two
policemen and stuck out a finger towards them and stated,
-Bang, bang.' The parties continued walking toward each other
and when they collided, defendant Daniel Noore came into contact
with plaintiff's shoulder and. chin. Plaintiff then turned
around and issued an obscenity at Patrolman Daniel More. The
Patrolmen then asked plaintiff what he had said, and plaintiff
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repeated the obscenity. The police officer; after observing
the conduct and demeanor of the defendant, arrested him for
intoxication and assault. Defendant police officers found 1t
necessary to use reasonable force to arrest the plai F aw __ l
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transferred him to the Iowa City Police Station. Plai— :T?
77*
subsequently admitted to drinking eight beers during ar Ew0 ae'^(d
a half hour period at Joe's bar just prior to his al [eLrj:log j
�.
with the defendant police officers. Subsequently, both the
intoxication and assault charaes were dismissed after same venue i
plea negotiations. ! -
The Court finds that the defendant Police officers never -
agreed or consented to the dismissal of the assault or intoxica-
tion changes they had filed against the plaintiff. The Court
further finds that the plaintiff's attorney did not agree that i
plaintiff would forgo the filing of a civil lawsuit against F
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defendants as a condition for the dismissal of all criminal
i
charges by the Johnson County Attorney.
The Court further finds that the defendant police officers,
Daniel Moore and Daniel Sellers, had probable cause to arrest
the plaintiff, Dirk Marple, for the crimes of intoxicationend
assault.
The Court further finds that defendant police officers,
Daniel Moore and Daniel Sellers, did not use unreasonable
force to effectuate the arrest and apprehension of the plaintiff,
Dirk Marple, for the crimes of intoxication and assault.
The Court further finds that plaintiff, Dirk Marple, has
not produced evidence showing any actual "lice towards him on
the part of the defendant police officers, Daniel Moore acd
Daniel Sellers.
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The Court further finds that defendant police officers,
Daniel Moore and Daniel Sellers, at all times acted in good
faith towards the plaintiff during the course of their dealings
with him at the time of plaintiff's arrest and transportation
to the Iowa City Police Station.
The Court further finds that plaintiff's claim for attorney
fees under the federal statutes should 6e denied in
CONCLUSIONS OF LAN
Section 801.7 of the Iowa Code, 1985, states as3v-1i10ws:
ia= O
•A peace officer may make an arrest in obedience to a
warrant delivered to the peace officer; and without a warrent:
•1. For a public offense committed or attempted in the
peace officer's presence.
"2. Where a public offense has in fact been committed,
and the peace officer has reasonable ground for believino that
the person to be arrested has committed it.
•3. where the peace officer has reasonable ground for
believing that an indictable public offense has been committed
and has reasonable ground for believing that the person to be
arrested has committed it. .
Section 801.8 of the Iowa Code, 1985, states as follows:
•A peace officer, while making a lawful arrest, Is
justified in the use of any force which the peace officer
reasonably believes to be necessary to effect the arrest or to
defend any person from bodily ham while making the arrest.
However, the use of deadly force is only justified when a person
cannot be captured any other way and either
-1. The person has used or threatened to use deadly force
in committing a felony or
"2. The peace officer reasonably believes the person would
use deadly force against any person unless immediately scare -
handed. . . .
Section 804.12 of the Iowa Code, 1985, states as follows:
"A person is not authorized to use force to resist an
arrest, either of the person's self, or another which the person
knows is being made either by a Peace officer or by a private
Person summoned and directed by a peace officer to mak_7.th g _
arrest, even if the Person believes that the arrest "
irr,'inlGiful._
or the arrest is in fact unlawful."
ca .
The Iowa Supreme Court stated in Sisler v. Citm af: Cent -
ville, 372 N.W.2d 248 (Iowa 1985), "probable cause exists wAen
'the facts and circumstances within their [the officers'1
knowledge and of which they had reasonably trustworthy informs-
, tion feral sufficient in themselves to warrant a fpersonl of
reasonable caution in the belief that' an offense has been or is
being committed,' Brinegar v. United States, 338 U.S. 160,
69 S.Ct. 1302 (1949),
The Iowa Supreme Court has stated in Yoch v. City of
Cedar Rapids, 353 N.W.2d 95 (Iowa Aop. 1984): There is a
requirement that plaintiff show actual malice in order for
Police officers to be held liable for malicious prosecution.
The defense of qualified immunity is available to local,
state, and federal law enforcement officers in order to protect
them from liability for damages if they act with a good faith
belief based on reasonable grounds that measures they tooh were
necessary. See Miner y. Citv of Clive, 373 N.W.2d 466 (Iowa
1985). See also Sundholm, v. Citv of Bettendorf, 389 N.W.2d 849.
(Iowa 1986).
JUDOMENT
IT IS, THEREFORE, ORDERED that Counts I and III of
Plaintiff's Amended And Substituted Complaint filed Septe^ber 4,
1984, are dismissed with prejudice.
IT IS FURTHER ORDERED that plaintiff's claim for attornev's
fees under the federal statutes are denied.
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IT IS FURTHER ORDERED that all costs in this action are
taxed to the plaintiff, Dir): M.arple.
Dated this Bth day of October, 1986.
OF 30WA
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MMES HAILED TO COUNSEL OF fiEC08D
10-6-5b -%
Post Office Box 30, Iowa City, W 52244 / Phone 319.354-9200 NATIONAL
COMPUTER
SYSTEMS
RE CE IV ED OCT 113 1986; INFORMATION SERVICES
j October 10, 1986
Dear Chamber of Commerce Member,
On Wednesday, October 22, from 4:30 to 6:30 p.m., National Computer Systems
will host a "Business PM" for the Greater Iowa City Area Chamber of Commerce
at 2510 North Dodge Street (the northwest corner of the Highway 1 and
Interstate 80 intersection) in Iowa City. Chamber members and their
colleagues are cordially invited to attend. The event will be highlighted by
a brief tour of the 83 million computer facility that was added to the
building earlier this year. Refreshments will be served.
National Computer Systems — Information Services, a 1986 recipient of the Iowa
Governor's Industry Award, has been a part of the Iowa City scene since the
early 1950's, when it was founded by Dr. E. F. Lindquist. Today it employs a
full—time staff of almost 500, with peak season temporary employees nearly
doubling its ranks in the spring and fall.
As a large—volume data processing operation, National Computer Systems (NCS)
uses optical mark reading technology to capture information from over
100,000,000 documents a year. NCS supports a variety of programs, including
state educational assessments, standardized tests for major publishers,
federal student financial aid applications, college entrance examinations,
international surveys, professional licensing, and school scheduling,
attendance and reporting.
NCS is pleased with the opportunity to host this Chamber event. I look
forward to meeting with you then.
Sincerely,
Jay V. Clark
Vice President
2576L
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CITY EUK KENNETH C. HENKE JR. —MAYOR
16,�ALDERMEN
CHARLES S. ABELL—Ai upoE JAMES SHUMAN-4TH wenD
P. O. NO%2 JOHN KULL—AT uRa' JANET FIFE—aTH WARD
KEOKUK, 1 KENNETH A. FOARD—uT WARD GARY COLLINS —aTH WARD
JEFFREY JEFFERS — 2ND WARo BEN RICHARDSON —]TH WARD
ROBERT GALLOWAY —,RD WARD
J. A. FINERTY — CITY CLERK
TELEPHONE 319.524.2050
October 16, 1986
'('t : �z 9 a : 3o P41
Dear Mayor/City Clerk: = 47' z)
I realize that this letter will be arriving just days before the Southeast
Iowa Municipal League meeting here in Keokuk, and for that, I apologize.
We do want to extend to all of you an invitation that if you arrive early,
our riverboat museum will be opened for your touring. Touring the boat will
give you the opportunity to see much of the memorabilia of the steamboat days
and the opportunity to go through one of the last operating stern wheelers
on the Mississippi River.
Also, by that time, the river should be back to a normal stage, and you
will have an opportunity to watch the boats and barges as they lock through
one of the largest locks on the Mississippi River.
Included is a map and the directions to get you to our riverboat, the
George M. Verity. All you have to do, once you get there, is identify yourself
as a guest attending the meeting. This invitation applies to you, your Council
members, and the spouses who will be attending with..you.
25
We look forward to seeing you.
Sincerely,
Kenneth C. Henke Jr.
\ I Mayor
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City of Iowa City
MEMORANDUM
OAT11 October 6, 1986
T0l City Council
OW City Clerk Marian K. Karr
_ *Sunday Sales Conditional Approval
FOR YOUR INFORMATION - Conditional approval was given at the
April 22, 1986 City Council meeting to The Vine, 529 South
Gilbert for a Sunday Sales Permit. They have submitted,
after the 90 -day period, the required information which allows
them to retain their permit.
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City of Iowa City
MEMORANDUM
DATE: October 14, 1986
TO: City Council; Glorious and Illustrious Mayor; Distinguished and
Imperious City Manager; Varied and Sundry City Functionaries;
Respected Citizens
FROM: Hary Miller, Police Chief 6WI.-I
Terry Trueblood, Director of Parks and Recreation
RE: Declaration of True Intent and Assignment of the OFFICIAL Trick
or Treat Night for the City of Iowa City --
WHEREAS, little goblins and ghosts should have at least one night
each year to make their presence known to the citizens of this
community; and
WHEREAS, citizens of Iowa City love these little pranksters and
enjoy their antics and askings --- absent any vandalism, and,
WHEREAS, the annual Halloween Parade is scheduled for the evening
of Thursday, October 30, 1986.
NOW THEREFORE, I, Terry Trueblood, Director of Parks and
Recreation, and I, Hary Miller, Police Chief, with all the power
vested in our positions (and that is little enough) declare
FRIDAY EV ENING, OCTOBER 311 1986 as the one and only official
Iowa City Trick or Treat night.
FURTHERMORE, we respectfully request the City Council to bless,
anoint, murmur magical incantations, or do whatever is necessary
remain,wastallrCouncils do --- stalwarts should, tunafraid eofhthe is dapparition ate, and oof
this special night.
So anointed.
Mayor
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parks & recreation
department MEMO
to: Terry Trueblood, from: Joyce Carroll, Program Supervisor
Director.of Parks & Recreation
re: date:�!f�.
Halloween Parade & Program October 8, 1986
The annual Halloween Parade & Program sponsored by the Iowa City Recreation Division
will be held Thursday, October 30, 1986, beginning at 6:00 p.m. The itinerary
and route are as follows:
5:45-6:00 p.m. Performance on College Street by the Scottish Highlanders.
5:45-6:05 p.m. Costumed children and their parents gather at Clinton & College Streets
intersection, line extending north on Clinton Street sidewalk.
Trick or Treat Bags will be handed out as the parade forms.
6:05 p.m. Parade begins and takes the following route:
1) East on College Street to Gilbert Street
2) Crosses Gilbert Street
3) Parade splits to enter Robert A. Lee Community Recreation
Center at the North Craft Room Door and the Hest Front Entrance.
6:30-7:30 p.m. Activities inside the Recreation Center to include films, fun -booths,
apple bobbing, spook ship theatre,. and a haunted house. As child-
ren leave the Center they will. receive a candy and gift bag provided
by Iowa City retailers'and service clubs.
Iowa City Police Officers under the direction of Captain Don Strand, will provide
traffic control at the intersections of South Linn and College Streets, South Gilbert
and College Streets. Volunteers will be lined up along the S. Gilbert Street park-
ing to assure that children do not step into the street. We expect an attendance
of approximately 600 children with their parents.
cc: (like Ploran, Superintendent of Recreation
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city of Iowa city
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for yok�y
RECEIVED OCT 141986
UNITED ACTION FOR YOUTH / Synthesis Studio
311 N. Linn St. / P.O. Dox 892 / Iowa City, IA 52240
(319) 338-7518
1
Iowa city City Council
410 B. Washington Street
Iowa City, IA 52240
October 13, 1986
Dear Council Members:
Another year of programming, counseling, music and recreation activities
is in full swing at United Action for Youth and the Synthesis Arts Workshop.
We would like to start the new year by inviting you and other community
members and young people to an open house, Thursday, October 23rd from 2:30
to 5:30 p.m.
Besides seeing our facility, meeting staff and participants, this will
be the grand unveiling of our new sound studio equipment purchased last year
with CDBG funds. Young people will be on hand to demonstrate the exciting
new addition to our program.
We would also like to take the opportunity of this Open House to
thank you for your continued support of our services. If it were not for your
attention to the needs of young people in this community, programs like
United Action for Youth and the Synthesis Arts Workshop would not exist.
Thank you and we hope to see you the 23rd.
GN: tb
Sincerely,
Ginny Naso
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