HomeMy WebLinkAbout2002-11-19 Info Packet of 11/14 CITY COUNCIL INFORMATION PACKET
CITY OF IOWA CITY November 14, 2002
www.icgov.org
IP1 Memorandum from Council Member Kanner: City Council File a PCRB
Complaint (Revised, distributed at 111181 Work Session)
IP2 Letter from City Manager to Iowa Avenue Business Owners/Property Owners:
Snow Removal along Iowa Avenue Literary Walk
IP3 Letter from City Manager to FY03 Recipients of Community Event and Program
Funding: Application
IP4 Memorandum from Assistant City Manager: Flood Damage/2519 Clearwater
Court (Daniel Residence)
IP5 Letter from Council Member Kanner to City Clerk: JCCOG Board
IP6 Letter from City Clerk to Council Member Kanner: JCCOG Board
IP7 Memorandum from City Clerk: 2003 Meeting Schedule (January-March)
IP8 Memorandum from City Clerk: November 4 Work Session
IP9 Memorandum from Community and Economic Development Coordinator:
Request for Modification of CDBG Loan Agreement - Neighborhood Centers
of Johnson County (Revised, distributed at 11/18/Work Session)
IPIO Letter from Perry Ross (Longfellow Elementary School) to Police Chief:
Appreciation
IPll Memorandum from Police officer Mebus: Monthly Activity Report
IP12 Article: Beauty and the Boards [Franklin]
IP13 Article: The Business of Government [Atkins]
IP14 Email from Council Member Pfab: B.R.E.A.T.H.E.
I PRELIMINARY/DRAFT MINUTES
IP15 Planning and Zoning Commission: November 7
IP16 Police Citizens Review Board: November 12
CITY COUNCIL INFORMATION PACKET
CITY OF IOWA CITY November 14, 2002
www.icgov.org
MISCELLANEOUS ITEMS
IP1 M( lum from Council Member Kanner: City Council a PCRB
Con1
IP2 Letter from Manager to Iowa Avenue Business Owner Owners:
Snow ong Iowa Avenue Literary Walk
IP3 Letter from to FY03 Recipients of Commu Event and Program
Funding: Apl:
IP4 Memorandum from ant City Manager: Flood Clearwater
Court (Daniel Residence
IP5 Letter from Council ~ner to City Board
IP6 Letter from City Clerk to Council ~mber Kan JCCOG Board
IP7 Memorandum from City Clerk: Schedule (January-March)
IP8 Memorandum from City Clerk: Noveml 4 Work Session
IP9 Memorandum from Community Development Coordinator:
Request for Modification Loan ghborhood Centers
of Johnson County
IPIO Letter from Perry Ross fellow ry School) to Police Chief:
Appreciation
IPI'I Memorandum from Mebus: Monthly Report
IP12 Article: Beauty and [Franklin]
IP13 Article: The Busin, s of Government [Atkins]
IP14 Email from Cour Pfab: B.R.E.A.T.H.E.
PRELIMINARY/DRAFT MINUTES
IP15 Pla~ and Zoning Commission: November 7
IP16 Review Board: November 12
To: City Council
From: Steven Kanner ~ ~ 1£
Date: November 13, 2002
RE: City Council File a PCRB complaint
Approximately one month ago I received an anonymous call about an October 11,
2002 traffic stop incident involving the police. The caller said that he/she witnessed a
police officer using pepper spray at least three separate times on an individual pulled over
in front of their residence. In addition, the caller said that he/she saw the police officer
(by this time now joined by other officers) use physical force to subdue and handcuffthe
individual suspect. The witness thought that excessive force was used.
I asked our City Manager, Steve Atkins if he could get a report to me on the
incident. He suggested that I review the video tape of the October 1 lincident. I did that
a couple of weeks ago. While I do no believe that police abuse occurred, I do think that
there were some questionable strategies employed by the police officer(s) and that a
review by the Police Citizen Review Board is warranted.
I have conferred with the City Attorney and it is her initial opinion that I as an
individual do not have standing to file a complaint with the PCRB. (Under City Code it
notes that a complainant to the PCRB be directly involved with the incident or a
witness.). City Council on the other hand would be able to file a complaint to the PCRB
and I would suggest that it do se. (The witness is reluctant to come forward and file a
complaint.)
I would suggest that individual Councilmembers review the incident and that we
vote on filing a PCRB complaint at our December 9 or 10 meeting.
Feel free to call me at 338-8865 with any questions or comments.
cc: Police Citizen Review Board Chairperson
To: City Council
From: Steven Kanner
Date: November 13
RE: City Council File complaint
Approximately ~ call about an October
10/11, 2002 traffic stop incident police. The caller said that he/she
witnessed a police , at least three separate times
individual pulled over to a residential ~ 1 West.
the caller said that he/she saw the this time now joined
officers'
thought that excessive force was used.
I asked our City Manager, Steve if he could get me on the
incident. He suggested that I review the video '1 lincident. I did
that a couple of weeks ago. While I do no occurred, I do think
that there were some questionable strategies officer(s) and that a
review by the Police Citizen Review Board
I have conferred with the City Attorney and i ter initial opinion that I as an
individual do not have standing to file a complaint the PCRB. (Under City Code it
)r a
witness.). City file a complaint to the PCRB
and I would suggest that it do so. to come forward and file a
complaint.)
I would suggest that individual >fthe
incident and that we vote on filing a 9 or 10 meeting.
Feel free to call me at any questions
November, 2002 ~~[V'
Re: Snow Removal along Iowa Avenue Literary Walk
Dear Iowa Avenue Business Owner/Property Owner:
With winter weather arriving soon, snow and ice removal along the downtown sidewalks will
occur. As you are aware, property owners adjacent to downtown sidewalks are required to
remove snow or ice within 24 hours after a measurable snowfall or any ice accumulation.
I am requesting you pay special attention to the Literary Walk plaques along Iowa Avenue.
Removal of snow from the plaques by shovels or other mechanical means might cause
damage. We encourage caution. If snow accumulates in moderate amounts, broom sweeping
would be preferable. Another alternative is to not remove the snow from the plaques, which
could also protect them further.
The Literary Walk has become a very popular feature in downtown Iowa City and we want to do
what we can to preserve these plaques. We would appreciate any assistance you could provide
in this effort.
Please feel free to contact Terry Robinson or Sheri Thomas at 356-5107 if you have questions.
Sincerely,
City Manager
Mgr~ltrLsnowremoval.doc
410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-5009
~ IP3
CITY OF IOWA CITY
www.icgov.org
OFFICE OF THE
CITY MANAGER
Stephen J. Atkins
City Manager November 12, 2002
steve-atkins~iowa-city.org
Dale E. Helling
Assistant City Manager
dale-helling~iowa-city.org TO APPLICANTS:
Applications are now being received for City of Iowa City FY04
Community Events and Program Funding. If you are interested in
applying for FY04 funds, please complete the enclosed application.
Applications must be returned to my office on or before
December 3.
Mail application to:
City Manager
Civic Center
410 E Washington Street
Iowa City, IA 52240
Please call my office at 356-5010 if you have any questions.
Sincerely yours,
City Manager
cc: City Council
4 n~l=& -h= F.~o.~ r~c;fl~r~. News rO. oa~ /ssucd
4~ 'm~m po4~rrl4~.l
410 E. Washington Street
Iowa City, IA 52240
Phone: (319) 356-5010
Fax: (319)356-5009
APPLICATION FOR COMMUNITY EVENT AND PROGRAM FUNDING =[~-~'~,t~=~-
FY2004 (July 1, 2003-June 30, 2004) ~
CITY OF IOWA CITY
Name of event/program:
Date(s) of event/program:
Location of event/program:
Name of organization:
Contact person: Day Phone:
Mailing address: Street .City Zip
Estimated number of individuals expected to attend:
Describe the event/program and all activities that will occur:
How does this program/event benefit the Iowa City area?
Did you receive funding from the City for this event/program last year? Yes [~1 No ~1
If yes, how much? $ Amount requested from City of Iowa City for FY04: $
If this is an increase or decrease from previous City funding, please indicate why:
Total budget for event/program: $.
Estimated Major Expenses List Other Revenue Sources
Expense Item Amount Entity* Requested Amount
$ $
$ $
$ $
$ $
$ $
$ $
*List pubric and private organizations sale of items, etc.
This application must be filled out completely. If more space is necessary, one additional page may be submitted.
Applications must be received on or before December 3, 2002, to be considered for FY04 funding. Submit to:
Stephen Atkins, City Manager
Civic Center
410 E. Washington Street
Iowa City, IA 52240
Applicants will be notified of the Council meeting when funding allocation discussion will occur. Call the City Manager's
Office at 356-5010 if you have questions.
City of Iowa City
MEMORANDUM
Date: November 13, 2002
From: Dale Helling, Assistant City Manager
Re: Flood Damage/2519 Clearwater Court (Daniel Residence
In response to the complaint made by Wanda and Phillip Daniel at the City Council
meeting on November 7, staff has investigated this matter and made the following
determinations:
1. Tim Hennes, Senior Building Inspector, visited the Daniel residence on Thursday,
November 7. He has determined that the site of the building was graded in 1983,
preceding by 10-plus years the City's grading ordinance of the mid-90s. The
building as constructed appears to meet the building codes, but surface drainage
on the site could not accommodate the severe runoff from higher ground during
the rains on August 23, 2002. The building is part of a private development, and
stormwater drainage on-site is the responsibility of the property owner.
2. Tim did observe that there was a downspout on the southeast corner of the
building that has been crushed at the end, which severely limits its ability to carry
water away from the building. In addition, earth near the southeast corner has
settled since the building was constructed in 1997, a condition which now impedes
positive drainage away from the building. While neither of these problems fall
within the regulatory authority of the City, Tim has notified the owner of the building
that these conditions exist and has suggested corrections be made.
3. Water damage appears to have been confined to the unfinished basement of the
Daniel residence. Repairs being made include replacement of the bottom 6" - 24"
of drywall around the perimeter of the unfinished room and in the ~ basement
bath. Window sashes have been removed for repair or replacement, and the
opening has been covered with a piece of plywood. The repair work being
performed is not of a nature requiring a building or other permit(s). The contractor
doing the repairs estimated they should be completed the week of November 11.
Finally, it does not appear that the owner of the unit has violated the requirements of the
Housing Assistance Payment contract. Tenants were out of the unit for a few days while
the landlord took steps to deal with the mold problem. It was then reinspected and found
to be in compliance with the applicable housing quality standards, (i.e., that each unit shall
be maintained in a sanitary condition).
The issue of timely completion of the repairs and the priorities established by the owner in
effecting these repairs are matters to be resolved between the owner and the tenant. The
City has no regulatory authority in this area and it is largely controlled by the terms of the
existing lease agreement.
cc: Doug Boothroy, Director of Housing and Inspection Services
Tim Hennes, Senior Building Inspector
Phillip and Wanda Daniel
rngdasst/mem/2519clearwaterct doc
IP5
Steven Kanner
City Councilmember
630 S. Governor, Itl
Iowa City, IA 52240
Marian Kan',
City Clerk, City of Iowa City
420 E. Washington
Iowa City, IA 52240
Nov. 13, 2002
Dear Marian,
Under Resolution #02-357 1 would like to request a later date for the City Council
Public Hearing. ("The hearing shall be held within thirty (30) days of the date the request
is filed, unless Council member Kanner reasonably requests a later date.") I simply need
more time to consult with my legal advisors and to prepare my case. I would suggest that
the public hearing be held on December 9 or later.
Sincerely,
Steven Kanner
November 13, 2002
Mr. Steven Kamler, Council Member
630 South Governor #1
Iowa City, La~ 52240
Dear Steven:
This will acknowledge receipt of your written request to schedule the public hearing on
the City Council's decision removing you from the JCCOG Board for December 9, 2002,
or later.
In consultation with the Mayor and City Attorney, a public hearing on this matter will be
held at a special formal meeting on December 9, 2002, in accordance with your request.
Sincerely,
Marian K. Karr
City Clerk
410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356-5000 * FAX (319) 356-5009
City of Iowa City ir =,p7
MEMORANDUM
DATE:November 14, 2002
TO: Mayor and City Council REVISED
FROM: Marian K. Karr, City Clerk ~IL~5~
RE: 2003 Meeting Schedule (January-March)
Based on Council work session discussion of November 4 the follo;ving schedule was
agreed upon:
Monday, January 6 - Regular Work Session (6:30 PM)
Tuesday, January 7 - Regular Formal (7:00 PM)
Monday, January 13 - Budget Work Session (6:30 PM)
Wednesday, January 15 - Budget Work Session ( 8:00 AM - Noon)
Monday, January 20 - City Holiday
Tuesday, January 21 - Special Work Session (TBA)
Regular Formal Meeting (7:00 PM)
Wednesday, January 22 - Joint Meeting (4:00 PM/Johnson County Hosting)
Monday, January 27 - Budget Work Session (6:30 PM)
Tuesday, January 28 - Bd./Commission/Organization Budgets (6:30 PM)
Monday, February 3 - Regular Work Session (6:30 PM)
Tuesday, February 4 - Regular Formal (7:00 PM)
Monday, February 17 - City Holiday
Tuesday, February 18 - Special Work Session (TBA)
Regular Formal Meeting (7:00 PM)
Monday, March 3 - Regular Work Session (6:30 PM)
Tuesday, March 4 - Regular Formal Meeting (7:00 PM)
Monday, March 17 - Regular Work Session (6:30 PM)
Tuesday, March 18 - Regular Formal Meeting (7:00 PM)
Council is scheduled to set public hearing on the City budget February 4th for their
meeting on February 18th. Adoption of the budget is scheduled for the regularly
scheduled formal meeting of March 4, although could be considered at the san~e meeting
as the public hearing.
Council continues their regular formal meeting schedule (first and third Tuesday) until
further notice. All meetings are subject to change.
Cc: Department Directors
Cable TV
Maintenance
U:2003 revised schedule.doc
City of Iowa City
MEMORANDUM
Date: November 4, 2002
To: Mayor and City Council
From: Marian K. Karr, City Clerk
Re: Council Work Session, November 4, 2002, 6:40 PM in Emma J. Harvat Hall
Council: Champion, Kanner, Lehman, O'Donnell, Vanderhoef, Wilburn. Absent: Pfab.
Staff: Atkins, Helling, Dilkes, Karr, Franklin
Tapes: 02-83, Side 2
(A complete transcription is available in the City Clerk's Office)
ADDITION TO CONSENT CALENDAR
Council agreed to add a resolution approving the exterior signage for Gamers in the Old Capitol
Center to the agenda.
PLANNING & ZONING ITEMS
PCD Director Franklin present for discussion of the following items:
A. Setting a public hearing for November 19 on an ordinance amending City Code Section 14-
6K-1, the Sensitive Areas Ordinance, regarding requirements for Sensitive Areas Overlay
Rezonings and Sensitive Areas Site Plans.
B. Public hearing on an ordinance amending Title 14 Entitled 'Unified Development Code,'
Chapter 6, Entitled 'Zoning,' Article U, entitled 'Administration and Enforcement,' Section 7
Entitled 'Violations and Penalties' to Increase the Municipal Infraction Civil Fines for
Violating the Zoning Code
C. Ordinance to vacate the northern two feet of Benton Street beginning 60 feet east of Gilbert
Street and ending at Maiden Lane. (SteveNAC02-0005)
Planning and Zoning Commissioner Anciaux present. (See further discussion under agenda
item #2 later in the meeting.)
D. Ordinance changing the zoning designation from 1) High Density Multi-Family Residential,
RM-44, to Medium Density Multi-Family Residential, RM-20 with a Conditional Zoning
Agreement, for an 8.69-acre properly located nodh of Highway 1 and west of Miller Avenue;
2) Community Commercial, CC-2, to Medium Density Multi-Family Residential, RM-20 with a
Conditional Zoning Agreement, for a 1.45-acre property located north of Highway 1 and
west of Miller Avenue; and 3) Medium Density Single-Family Residential, RS-8, to
Community Commercial, CC-2, for a 1.45-acre property located north of Highway 1 and
west of Miller Avenue. (RuppertJREZ02-00013) (Pass and Adopt)
Council Work Session
November 4, 2002
Page 2
E. Ordinance vacating portions of the Harrison Street and Prentiss Street rights-of-way and an
adjoining alleyway, west of Madison Street. (University of Iowa/VAC02-00004) (Pass and
Adopt)
F. Ordinance vacating portions of Front Street and Prentiss Street generally located south of
Burlington Street and west of Madison Street. (CRANDICNAC02-00002) (Pass and Adopt)
G. Conveyance of vacated portions of right-of-way along South Front Street, the 100 block of
West Prentiss Street, the 100 block of West Harrison Street and the alley between the 100
blocks of West Prentiss and West Harrison Street to The University of Iowa/Iowa State
Board of Regents, without compensation.
H. Ordinance vacating the twenty-three foot wide Grand Avenue Court right-of-way,
commencing from the north right-of-way line of Melrose Avenue and extending northward for
a distance of two hundred ninety-five feet. (University of Iowa/Pass and Adopt)
I. Conveyance of the 23-foot wide Grand Avenue Court right-of-way, commencing from the
north right-of-way line of Melrose Avenue and extending northward for a distance of 295
feet, to The University of Iowa.
J. Resolution approving the final plat of Silvercrest Residential Community, Part 2, Iowa City,
Iowa. (SUB02-00017)
Franklin indicated due to problems with legal papers and construction drawings this item should
be deferred indefinitely.
AGENDA ITEMS
1. (Item #6 - Public hearing ... (City Steps) proposed amendments to Iowa City's 2001-2006
Consolidated Plan) Council Member Wilburn left the room due to a conflict of interest. PCD
Director Franklin explained the procedure was different in that if Council wishes to consider
the recommendation from HCDC to change the way economic development funds are
allocated the hearing should be continued to November 19. The Mayor stated if there were
no changes the public hearing could be closed.
2. (Consent Calendar #3d(1) ... setting public hearing on conveyance and Item #4c ...
vacation of northern two feet of Benton Street) In response to Council Member Vanderhoef,
City Attorney Dilkes stated the resolution provides for a land swap and no money exchange.
Council Member Wilburn returned to the meeting.
3. (Consent Calendar #3f(2) ... Paul Rollins (Ground Round) _. regarding smoking ordinance)
In response to Council Member Kanner a majority of Council was not interested in changing
the ordinance to prohibit smoking in new restaurants, and then evaluate after one year of
operation.
Council Work Session
November 4, 2002
Page 3
COUNCIL APPOINTMENTS
Airport Zoning Brd of Adjustment (1) - No applicants, readvertise
Airport Zoning Commission (2) - No applicants, readvertise
2003 COUNCIL MEETING SCHEDULE
After discussion the following schedule was agreed upon:
Monday, January 6 ~ Regular Work Session (6:30 PM)
Tuesday, January 7 - Regular Formal (7:00 PM)
Monday, January 13 - Budget Work Session (6:30 PM)
Wednesday, January 15 - Budget Work Session ( 8:00 AM - Noon)
Monday, January 20 - City Holiday
Tuesday, January 21 - Special Work Session (TBA)
Regular Formal Meeting (7:00 PM)
Monday, January 27 - Budget Work Session (6:30 PM)
Tuesday, January 28 - BdJCommission/Organization Budgets (6:30 PM)
Council will return to the regular schedule of first and third Tuesdays for formal meetings until
further notice. Staff will prepare revised schedule.
STAFF ACTION: Memo in November 14 information packet. (Karr)
COUNCIL TIME
1. Council Member O'Donnell requested efficiency at the formal meeting on Tuesday evening
to allow everyone to go home and watch the election results.
Meeting adjourned 7:00 PM.
City of Iowa City
MEMORANDUM
DATE: November 13, 2002
TO: City Council and City Manager
FROM: Steven Nasby, Community and Economic Development Coordinator ~--~/I
RE.' Request for Nodification of CDBG Loan Agreement - Neighborhood
Centers of Johnson County
At the November 5 City Council meeting it was noted that Neighborhood Centers of Johnson
County (NC.lC) had made a request to the Iowa City Housing and Community Development
Commission (HCDC) for a modification of a Community Development Block Grant (CDBG)
loan. The HCDC's discussion and recommendation regarding this request is shown in the
commission's September 12 meeting minutes.
From 1995-1997, NC. JC received $335,000 in CDBG funds for the construction of the
Pheasant Ridge facility. This CDBG assistance consisted of a $85,000 grant, a $150,000
forgivable loan (over :[5 years) and a :[2-year, $100,000 payback loan at :[% interest with
payments starting in 2000. To date, NC.lC has made one annual payment on the $100,000
loan.
Due to lost federal and state funding for its operations, NC_3C has requested that the terms
of the $:].00,000 payback loan be changed. Brian Loring, NCJC Executive Director, presented
NC1C's position to the HCDC at their September 12 meeting. HCDC recommended that the
$100,000 payback loan be changed to a $50,000 conditional occupancy loan and a $50,000
payback loan amortized over 30 years at :[% interest. A conditional occupancy loan is
typically repaid when the subrecipient (NC3C in this case) no longer uses the facility for the
purposes outlined within the CDBG agreement. Essentially, this change would lower NC,3C's
annual payment from approximately $9,:[51 to $1,838.
Unless there is a significant change in a project, the ability to amend, modify or revise
CDBG\HOIVlE agreements has, in the past, been a function left to staff. As necessary, staff
has requested input and a recommendation from HCDC. Significant changes in CDBG\HONE
projects are required by the C[T'Y STEPS plan to be reviewed by HCDC and approved by City
Council.
Currently, City Council approves all of the CDBG and HOME funding in the Annual Action
Plan and the specific terms of the CDBG and HOME agreements are negotiated by staff
according to City Council policy as applicable. This practice dates to the start of both the
CDBG and HOME programs. Ill the City Council desires to review and approve individual
CDBG and HOME agreements this would represent a change in the CDBG\HONE process.
If you have any questions or need additional information please contact me at 35-5248.
Cc: Karin Franklin, Director of Planning and Community Development
Housing and Community Development Commission
City of Iowa City
MEMORANDUM
DATE: November 13, 2002
TO: Council and City Manager
FROt4: Nasby, Community and Economic Develc Coordinator
RE: Modification of CDBG Loan Agre Neighborhood
ohnson County
At the November 5 City meeting it was noted Neighborhood Centers of
.lohnson County (NCJC) had a request to the City Housing and Community
Development Commission for a Community Development Block
Grant (CDBG) loan. The regarding this request
is shown in the commission's S~ 12 minutes.
From 1995-1997, NCJC received for the construction of the
Pheasant Ridge facility. This CDBG consisted of a $85,000 grant, a $150,000
forgivable loan (over 15 years) and a payback loan at 1% interest starting in
2000. To date, NC. JC has made one ann ~100,000 loan.
Due to lost federal and state fundin( ations, NC_3C has requested that the
terms of the $100,000 payback Ioar Brian Loring, NC3C Executive Director,
presented NC_JC's position to the at their :12 meeting. HCDC
recommended that the loan be ~nged to a conditional occupancy
loan that is repaid at a future A occupancy loan is typically
repaid when the subreci ' case) er uses the facility for the
purposes outlined agreement, this change would relieve
NC_,JC from making an an payment while maintaining lien on the property.
Unless there is a si Jge in a project, . amend, modify or revise
CDBG\HOME has, in the past, to staff. As necessary,
staff has re( a recommendation from ]nificant changes in
CDBG\HOME pr required by the C1TY STEPS plan to 'reviewed by HCDC and
approved by , Council.
Currently,. Council approves all of the CDBG and HOME in the Annual Action
Plan and terms of the CDBG and egotiated by staff
accordir City Council policy as applicable. This le start of both
HOME programs. Jif the City Council desires to review
indivi CDBG and HOME agreements this would represent a change the
CDE process.
)u have any questions or need additional information please contact mc
Karin Franklin, Director of Planning and Community Development
Housing and Community Development Commission
1 ongfellow Elementary SChoo/
1130 Seymour Avenue
Iowa City, IA 52240
Phone: (319) 688-1135
FAX: 339-5720
Perry O. Ross, Ph.D Julie Willman
Principal Secretary
November 8, 2002
R.J. Winkelhake, Chief
Iowa City Police Department
410 East Washington Street
U
Iowa City, IA 52240
Dear Chief Winkelhake:
The intent of the letter is to commend Officers Todd Cheney and Scott
Gaarde for their assistance on Friday, November 8, 2002. Their prompt
and efficient manner helped us deal with a difficult situation regarding the
welfare of a student. This assistance from these officers was of great value
to us and we are grateful for it and wanted you to know about it.
We look forward to continuing our positive relationship with the Iowa City
Police Department.
Sincerely, ,~., ~_~
CC: Officer Todd Cheney Officer Scott Gaarde
The mission of the Longfellow Elementary School, enhanced by support from the Longfellow
families and community, is to meet the individual needs of all students by providing a nurturing
environment while challenging students to become lifelong learners.
To: Chief Winkelhake
From: Officer R. A. Mebus
Ref: Monthly Activity Report
Date:
Copy: Captain Widmer
During the period covered by this report, 12 different officers spent a total of 20
hours participating in than 10 community events and had contacted nearly 1,401
persons. Listed is an overview of the different events.
DATE OFFICER Conta Length Activity
cts
10-8-02 Hart, Shaffer, 15 2 hrs Project Homesafe- Gun
Winkelhake Locks, National Tour
10-9-02 Akers, Mebus 25 1.5 hrs UIHC Paramedic Class- Drug
Awareness
10-10-02 Brotherton, 15 .5 hrs Ecumenical Towers Coffee-
Singleman
10-16-02 Brotherton 10 1.5 hrs Cit. Police Acad Alumni- SPI
Presentation
10-16-02 Kelsay 65 1.5 hrs Vito's Staff Meeting- Alcohol
Laws
10-17-02 PM's 10 .5 hr Scout Tour ICPD
10-18-02 Humrichouse 25 1.0 hr Auto Theft - West HS Shop
10-19-02 Mebus 55 2.0 hrs ISACA Conf- Child Abduction
10-22-02 Brotherton 10 1.5 hrs EHP Meeting
10-23-02 Brotherton 70 1.5 hrs Uof I Sons to Work- Being a
good citizen
10-24-02 Brotherton 70 1.0 hr Kiwanis Club Pres
10-24-02 Brotherton, 25 .5 hr Ecumenial Tower Coffee
Winkelhake,
Singleman
10-24-02 Widmer 25 1.0 hr PreSchool - Good/Bad Touch
10-25-02 Sammons, 500 2.5 hrs lC nec Halloween Party
Lorence
10-26-02 Singleman, 40 1.0 hr Mercy Hosp- Multiples
Intern Halloween Party
10-27-02 Mebus, Akers 55 6.0 hrs TIPS Class
10-27-02 Hewlett 50 1.5 hrs WalMart Halloween Safety
10-28-02 Mebus 45 2.0 hrs PreSchool Halloween Safety
10-28-02 Zacharias 11 1.0 hr CubScout Tour/Fingerprints
10-28-02 Mebus 22 1.0 hr PreSchool Halloween Safety
10-29-02 Mebus 16 1.5 hrs lC Hospice- Personal Safety
10-30-02 Mebus 26 3.0 hrs CSS Pres- Mercy Lamaze
Class
There were 3 officers visiting 8 schools for approx. 30.25 hrs. Regina
Elem DARE Program continues through next spring.
In Addition to the above hours, Officer Mebus assisted in facilitating
the Child Safety Seat Technician Class ( 24 hrs) and attended the
MTTU4 Motorcycle, Pedestrial & Bicycle Collision Reconstruction
Course (40 hrs)
2
3eauty and the Boards
IP12
T he skyline of Des Molnes is public art programs in other cities such as
changing rapidly. This summer has Sea,le, San Francisco and Minneapolis.
seen more construction in the With the support of the city behind them,
downtown area than any other. But passers- and hope for promising public art projects in
by don't have to look at ugly chainlink Des Moines, FilTnan and Dahlquist became
fences or blank plywood boards. They can part of the 15-member council-appointed
look at art. commission.
"Each time 1 drove to City Hall, I passed Ever since, projects and new ideas to
the blocks of empty plywood that surround beautify Des Moines have been springing to
the perimeter of the construction sites of life. As of July 1, the Des Moines Public
Wells Fargo Financial or the new Allied Arts Commission has $250,000 provided by
Gateway Campus," said Des Moines Mayor the city for projects such as a storefront
Preston Daniels. "I thought it would be more installation project in the Historic East
visually pleasing if they could reflect the art Village; incorporating public art into the east
and culture of our community." and west gateway projects; and "Art in
Enter the new Des Moines Public Arts Transit," which would include art in the
Commission. John Firman, coordinator, reconstruction of Interstate 235 through Des
teamed the Commission with Wells Fargo Moines.
Financial for an impromptu public exhibit. The economic benefit to cities with '~ Mount Rushmore is incorporated into the mural,
Several Des Moines artists designed and public art programs is measured by the "From Sea to Shining Sea."
painted approximately 54 wood panels that "cultural traveler," Firman said. According to
were placed along the perimeter of the Wells the Travel Association of America, the Any community in Iowa can begin a
Fargo Financial construction site. cultural traveler---one who visits art museums public arts program.
The finished exhibit, "From Sea to or cultural destinations--spends more money "First of all, it takes someone with a
Shining Sea," features a tribute to America, on average than any other kind of traveler, vision, which in this case was the mayor,
highlighting lhmous landmarks from coast to "It has an economic benefit, and most and then it takes a group of dedicated people
coast, major cities boast a large and successful to put it together," Firman said. "Because
A task force established in 1999 inventory of public art when you think of it's public money, you also have to have the
included Firman and ceramic artist David Seattle, San Francisco or Minneapolis," political will to pull it together and this city
Dahlquist, who educated themselves on Firman said. council has been spectacular about that."
Iowa's Culture Scene Loses Two of its Biggest Advocates
A rts and cultural Arts Society and nurtured writers an opporttmity to read February, she received the Iowa
organizations across Dubuquefest/Very Special Arts their work publicly. Nash also Arts Council's 2002 Arts Build
the state lost two of Fair into one of the region's supported the area's visual Communities Arts Advocate
their biggest advocates in recent premier arts festivals, showcas- artists, giving them gallery Award.
months, ing exhibitors and performers space at no cost and hosting "We are grateful for the
Ruth Nash, 80, of Dubuque, frown across the state, openings and was the founding energy Ruth put into promoting
died Sept. 15. Louise Noun, 94, She was thoroughly member and president of Iowa the arts and culture in Iowa and
of Des Moines died Aug. 23. committed to making the arts Citizens for the Arts, now she will be missed," said Anita
Botb women were recipients of accessible and exciting to kno~vn as lowans for the Arts. Walker, Iowa Arts Council
Iowa Arts Council awards in everyone, especially the less In 1998, along with her executive director.
February 2002. fortunate, often providing husband, Nash was named For more than 60 years,
Nash was founder and chief scholarships. She promoted Dubuque Citizen of the Year by Louise Noun provided extraor-
supporter of the Dubuque Fine poetry slams and gave area the Telegraph Herald. Last continued on next page
IP13
A Dose of Downgrades
Wall Street's opinion of state debt has been heading south this year,
Local ratings may not be far behind,
The credit-rating party is over. more menacing problem fi)r localities is
State and local issuers of munici, what distressed states do about local aid.
pal bonds are experiencing thc So far, only a fcw states have tampered
largest number of downgrades in (Jan. 1 -Sept, 1; 2002) with local-aid formulas. Whole they did,
at least seven years. · though, local ratings went down. Accord-
So far this year, Sta ~dard & Poor s L2)rp. lng to a round up of 2002 rating changes
has lowered the ratings on three states and by Moody s, state spend'ng ad't st nents
changed the official outlook on nine to neg- contributed n) rating reductk)ns of eight
ative. Moody's Investors Service, which school districts.
downgraded two states, has earmarked six More states may ad r st loc 1- t d as
as troubled. And that situation is likely to
get worse. "The outlook is negative for ^al lo^a2 high-stress budgeting. "Local govern-
almost every state," says Claire Cohen of ~1 ments are going to feel the pinch," says
Fitch. "The bad years are adding up." Fitch's Cohen. "Even if states don't pass
It isn t 'dst the revenue fall-offs in the through their problems,
states that has credit rating analysts sharp. 5 revenue climate, revenues aren t go ng to
ening their downgrade pencils. In the past ci~t~ be growing. And ultimately, if states arc
two budget cycles--fiscal 2002 and ^tlan*o,~o. s&P under pressure long enough, it finds its
2003---many states drained rainy day or crc~nston, r~.L way to the local level."
other reserve funds, securitized tobacco CrookotL ~xm Ratings for other muni.bond-issuing
Inoney or took other non-recurring mea- t.otoln. Ohio sectors have also been weakening. Health
sures to address major shortfalls. Those Pl~flold, Moss. care bonds, afl~cted by reimbursement
"easy' fixes are ~o longer ava'lal01e. With rates to some health care providers, have
the 2004 budget on the horizon, credit experienced more downgrades than
analysts are looking at, i~ Cohen s words, upgrades this year, as have bonds in the
"what states do with the ugly picture they Atlantic, ~.j. AAA to ^+ housing ~nd transportation sectors.
/ave. Middlesex. N.J. Fitch AAA to AA+ Despite the negative outlook k)r many
Robin Prunty, who heads Lip public M0nroe. N.Y:
~:v~¥ ~-.~ issuers, there is no freefaJ[ ahead for slate
finance for S&P, wllbestudymgthe dtf- 5 M°pdy'~ ~ ~,~qoA3 a~dlocalrat ~gs. Wedrntseea~yrtsk
ficult act'ons'--tax qcreases, spending Aaaio^a] imminent defaults, and that's worth
cuts or both that most states will be : e nphasizing,' says Renee Boicourt, man-
f~rced to face. "It's going to be a much aging director for public finance at
more challenging budget environment in The current economic downtunq has not Moody's. "Relative to corporate bonds,
2004,"she says. affected property values and that, in turn, credit-rated municipal bonds--even
Some of those cuts may come on the has protected the property-tax base on when they are at their greatest level of
backs of local governments. So bar t]~is which most localities depend· stress--rarely detauh. We don t see thxs as
year, most localities have been able to Those that also rely on sales taxes are cataclysmic by an> rneans."
maintain or m~provc their credit ratings, starting to feel some fiscal pai~, but thc --Penelope Lerner
54 G O V E R N I N G November 2002 Goverrling.com
Marian Karr ~
From: Irvin Pfab [ipfab@avalon.net]
Sent: Sunday, November 10, 2002 10:03 AM
To: Iowa City City Council
Subject: 111002fw IPO..New York City bartenders, waiters, busboys, and musicians plead with city council for a safe,
smokefree work environment:B.R.E.A.T.H.E:News release
News Release
For info, contact Joe Chemer, 212-912-0960
B.R.E.A.T.H.E.
Bar and Restaurant Employees Advocating Together for a Healthy Environment
New York City Bartenders, Waiters, Busboys, and
Musicians Plead with City Council for a Safe,
Smokefree Work Environment
New York City Council to Hold Second Hearing on Smokefree Workplace Legislation on
Tuesday, November 12
New York City, November 11, 2002... New York City bar, restaurant, and nightclub workers are forced to
breathe secondhand smoke at work, and many of them are sick of it... literally. Here is what some BREATHE
members wrote to the City Council:
Emmett Irwin: I am a bartender in New York City, on the Upper West Side. My girlfriend is also a
bartender. Second-hand smoke has badly affected her health and mine Both of us now are constantly
coughing. We can't go on working i.n these conditions, but what can we do? Bartending jobs are incredibly
scarce, and that's all either of us know how to do! She has to put herself through school, and only has certain
nights she can work. I have been tending bar for five years, full time. To try to find a new profession now would
be financial suicide.
Stephen Shermran: I am a bartender and professional actor living in New York City, and working in
restaurants and bars for the last six years. My job is ideal because it allows me to work at night, making the
necessary money I need to sustain myself in this city, and pursue my acting career during the day. I have a right,
personally, as do all restaurant/bar/club workers, to work in a safe, smoke free environment. When I committed
to my job, I committed to selling food and drinks, not to being exposed to cancer causing smoke.
Jade Mandrake: I am a 23 year old female bartender. I have quit smoking now for almost 2 years and feel it
was one of the most important things I have done. I believe that a person should not have the right to harm
another. That includes us bartenders and waitresses too!!! Just coming home after a long night at work of
inhaling everybody's suicidal attempts is more than disgusting. Nobody should be able to extend their own self-
loathing onto another when it is physically damaging.
Dylan Clay: My employer always looked at me like I had 6 heads when I'd tell them about the unsafe air
quality at my job. Their reply was, "You work in a bar!" So I should die? I can remember turning blue gasping
for air, trying to hold my breath as I ran through the room with trays of cocktails. Philip Morris is one of our
11/12/02
Page 2 of 4
biggest clients, hell, we can't tell them not or where to smoke. Again swallow it. I would come home in tears. I
went to see an Occupational Environmental Hazard doctor ! was diagnosed with Occupational Asthma. Since
then, I wolf down inhalers, bronchodilators, steroids. I have never smoked a cigarette in my life. This is my
reward for 6 hard worked years in a bar. The law really should be about the right to breathe and NOT the right
to smoke.
Catherine Dnpuis: I am a working jazz singer - a career I've trained and worked hard for. I'm doing it with
the best, have international record distribution and radio play. When I play in New York, I play clubs like
Smoke and Metronome. I have asthma and singing in these smoky restaurants, clubs and bars is significantly
detrimental to my health and, once the asthma kicks in in these workplaces, my ability to perform my work at
my best. I would greatly appreciate the opportunity to pursue my profession and my career in the same
smokefree work environment afforded to so many other New Yorkers. I'm not asking for anything they don't
already have and I think I deserve to have a smokefree workplace as much as these other New Yorkers do.
Nathan Baker: I often wonder ifI will be doing the right thing by returning to work at the Millennium Hilton.
On 9/l 1 my workplace was destroyed and God willing I will be able to return to work this coming January. I
just wanted to let you know how not working in a smoke filled bar every day has affected my health. Since the
Hilton has closed my health improvements have been dramatic. I wonder about the damage that was caused to
my lungs from breathing smoke filled air every day. I had chronic asthma. Not just the kind that you see people
with an inhaler but the kind that puts you in the hospital and jeopardizes your life. During one attack I lost
consciousness in the emergency room and fortunately was revived without any lasting effects from oxygen
deprivation. Until 9/11 I had been taking daily steroids for my lung condition along with corti-steroids for
allergies. I need to work; I feel that my rights to enjoy a safe & healthy work environment are being violated.
There is no reason not to protect my health.
Jeremy Bohen: I am a bartender. New York City an opportunity to exert its leadership in a profound and
important way. By ensuring the right of all workers in New York City to earn their livings and build their lives
without fear of the undeniable risks of second hand cigarette smoke, New York City can better the lives lived in
our city, and serve as an example to communities across the country.
Katharine Emory: As a professional singer I am frequently finding my personal and professional health
compromised by other peoples' use of cigarettes. There is NO compromise that will eliminate second-hand
smoke from invading the lungs of non-smokers if smokers are allowed to smoke in public venues. This is
unfortunate, but clearly true.
Joe Weaver: I worked in college to support myself as a bartender in college clubs and bars for five years.
Every year, I would come down with pneumonia, upper-respiratory-tract infections, and would catch a colds at
least three times a year. I was out of breathe, could not play sports, and had terrible headaches from my
customers' cigarette smoke. It has been over 10 years since I worked in a bar and I rarely catch a cold and have
never had another upper-respiratory-track infections. I am 15 years older and my health is better than when I
was younger, because I was not forced to smoke other people's smoke.
Linda Azzollini: My husband and I own Paul & Jimmy's Restaurant on E. 18th Street. My three children work
with us and we have 12 employees. The decision to have a smoke free NYC should be one that focuses on the
HEALTH of its workers not on the wealth of the tobacco companies. We all deserve to have the best chance of
a long life with our families.
Eddie Sarfaty: I worked for many years in a smoky bar and put up with the tremendous tmalth hazards because
of financial necessity. Luckily I am no longer in that position. Others are. Any attempt to pass a watered down
version of the proposed bill will only serve to endanger the health of workers who because of financial necessity
are forced to take jobs in these hazardous environments.
Rare Flower: Why should we have to work in a smoky enviroxunent while politicians and others enjoy the
11/12/02
Page 3 of 4
comforts of clean air? Should we die to make a living? Think of our constant aggravation of burning eyes,
struggling to breath and that awful taste in the mouth. Is this what is called double standard?
Jeffrey Becket: Having previously worked in restaurants and bars for years, I can unequivocally say that the
discomfort experienced by the average non-smoking customer in these establistmaents is nothing compared to
the unexplainable persistent cough, headache, burning sinuses and irritated eyes that workers can experience
after long periods of exposure to smoke-filled workspaces.
Evan Dove: I was fomed to give up lucrative work in the entertainment field due to inability/lack of desire to
breathe other's toxins, (second hand cigarette smoke). I strongly favor smokefree workplace legislation.
Patricia Atwater: I have been a smoker for nearly ten years. Moreover, I have worked in restaurants and bars
filled with smoke. My own smoking habits disgust me. And what I loathe the most is that I am inflicting pain on
people around me. I'll gladly give up smoking in bars, and so will other smokers. It's worth it.
Alison Jolicoeur: I have been a bartender in a Manhattan nightclub for several years. Unfortunately I have
suffered many negative consequences. At the end ora shift, my eyes are itchy, my skin is crawling, and I am
congested. It takes a full day to recover. However, I need a job that is flexible, because I am also a local singer
and performer. I've heard a lot of people argue if bartenders don't like the smoke, they can do something else,
but it's not that simple. It's not about people's right to smoke; it's about people's right to breathe.
Jackie Wheeler: I am choking from excessive secondhand smoke and my clothes and hair are permeated with
the putrid smell of cigarettes. This is particularly disturbing for me as I am pregnant. Exposure to secondhand
smoke during pregnancy is known to cause serious risks to the survival and health of the fetus and the newborn
baby. This is not fair. Others' choice to smoke is infrh~ging on my right to work in a healthy environment.
Richard Toes: Am I a bad person because I am a waiter and bartender? What did I do that is so wrong that I
must decide between having a decent paying job that I enjoy and substantially increasing my risk of cancer and
lung disease? All I want is the same right to a safe, smokefree workplace that millions of other workers enjoy.
People who work in bars, restaurants, and nightclubs are good people. We deserve a safe, healthy, smokefree
workplace too.
Sage Bartlett: I am a waiter/bartender who has held jobs in restaurants for 14 years. I am highly resentful of
secondhand smoke and feel people should not have that right to affect others with their addictions.
Matinah Payne-Yahudah: I have been a bartender at a restaurant for the past two years. During the course of
working there, I discovered that I was two months pregnant. I immediately stopped working, but my unborn
child had been exposed to two months of smoke. I have never smoked a day in my life and 1 only pray that this
does not have a negative effect on my baby.
Cynthia Harztell: I am an actor and work at temp jobs and restaurants when I'm not in a show. I suffer health
issues from other people's smoke, such as sinus problems, soar throat, and headaches. Being trapped in a bar all
night to make money is a miserable experience. It affects my health and my quality of performance as an actor.
Donna Martini: I was a waitress for many years while my babies were young, and then as a single parent I
became a bartender to earn extra money at night. It became necessary for me to quit working, because I was
sick all the time from the second-hand smoke.
Bill Moriarity (president of Local 802 - Associated Musicians of Greater New York - which represents
10,000 professional musicians): The health of all workers is equally important. No one should be allowed to
make someone else sick. Unfortunately, most of our members have the choice of either working in a smoke
filled room or not working at all
ll/12/02
Page 4 of 4
Ken Wade: As a small club entertainer I have been deprived of employment because my body cannot tolerate
smoke. Why do other workers deserve a smokefree workplace and not me?
Gregory Novara: I should have the right to work in a cancer-free environment. According to the NYC
Department of Health, the average bartender breathes the equivalent of half a pack of cigarettes a night.
Richard Weyant: At age forty two and employed fi~ll-time as a bartender at one of New York's top hotel's for
the past seven years, I want to stay at my present.job. Why should ! have to give up one of the best jobs I've
ever had?
James De Vito: I have been a bartender for 17 years. I love my job, mostly because I love people and the
freedom my job offers. The only thing I hate is the smoke. Cigarettes kill, period. Why are people permitted
to kill me?
Timmy Cappello: I'm a singer and musician who plays frequently in restaurants and bars. I care about my
health and think it's dangerous and unfair that I should have to be subjected to a risk of cancer and heart disease
just to ply my trade
"These people are right," says Joe Cherner, president of SmokeFree Educational Services and founder of
BREATHE. "Bartenders, waiters/waitresses, busboys, and musicians deserve the same right to a safe,
smokefree workplace that everyone else won long ago. No worker should have to breathe something that
causes cancer to hold a job, or have to give up a job just to prevent getting sick. Clean indoor air is a basic right
to which all workers should be entitled."
Joseph W. Cherner, President
SmokeFree Educational Services, Inc.
h~p ://www.smoke free.org
"Never doubt that a small group of thoughtful citizens can change the world. Indeed, it's the only thing that
ever has." Margaret Mead
To search the JoeChemer-Announce archives, go to:
h~://smokescreen.org/?JoeCherner-Anngunce
11/12/02
MINUTES DRAFT
PLANNING AND ZONING COMMISSION IP15
NOVEMBER 7, 2002
EMMA J. HARVAT HALL
MEMBERS PRESENT: Beth Koppes, Jerry Hansen, Don Anciaux, Ann Bovbjerg, Dean Shannon, Benjamin
Chair, Ann Freerks
STAFF PRESENT: Bob Miklo, Mitch Behr, Shelley McCafferty
OTHERS PRESENT: Larry Schnittjer, Bob Callaway, Keith Oehley, Anna Buss, Judith Klink, Tom
Gelman, Mark Kennedy, Bob Downer, John Ockenfels, Darrell Lamb
CALL TO ORDER:
Bovbjerg called the meeting to order at 7:32 pm.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was none.
ANNOUNCEMENTS OF VACANCIES ON CITY BOARDS AND COMMISSIONS:
Bovbjerg said if members of the audience were interested in helping their City they could volunteer to serve on
a City board or commission. A listing of the current vacancies on the various boards and commissions was
posted on the wall in the outer lobby.
RECOMMENDATIONS TO COUNCIL:
Recommended approval, by a vote of 7-0, REZ02-00019/SUB02-00018, an application submitted by Tom
Lewis for a preliminary plat of Lewis Addition, a 4-lot, 5.6-acre subdivision and for a rezoning from Low Density
Single Family Residential (RS-5) to Sensitive Area Overlay (RS-5/OSA) for property located at 1520 N.
Dubuque Road.
Recommended approval, by a vote of 7-0, SUB02-00019, an application submitted by CB Development for a
final plat of Whispering Meadows Part Three, a resubdivision of Whispering Meadows Part Two Lots 139-156,
an 18-1ot, 26.14 acre residential subdivision located south and west of Whispering Meadow Drive, subject to
approval of legal papers and construction plans prior to Council consideration.
Recommended approval, by a vote of 7-0, SUB02-00020, an application submitted by Mark Kennedy for a
preliminary plat of Kennedy Subdivision, a 40.2 acre, 4-lot residential subdivision located in Fringe Area C
southwest of the intersection of Dane Road SW and Osage Street SW.
Recommended approval, by a vote of 7-0, VAC02-00006, an application by Eagle View Properties for a
vacation of approximately 5,900 square feet of Lafayette Street right-of-way, located west of Capitol Street,
subject to Eagle View Properties incorporating their properties west of Capitol Street and north of the
CRANDIC Railroad into one lot by auditor's plat prior to the right-of-way being conveyed.
Recommended approval, by a vote of 7-0, VAC02-00007, an application submitted by Mercy Hospital for the
vacation of the east to west alley in Block 27 of the Original Town Plat, subject to 1) no direct vehicular access
to Market Street, 2) the current alley intersection with Dodge Street will be closed and there will be no
additional direct vehicular access from Block 27 onto Dodge Street; the exit-only from the existing parking
facility onto Dodge Street will be allowed to remain, 3) any overhead utilities relocated from the alley will be
located at least 100 feet from Bloomington and Market Streets or placed underground.
REZONING ITEMS:
REZ02-00019/SUB02-00018., discussion of an application submitted by Tom Lewis for a preliminary plat of
Lewis Addition, a 4-lot, 5.6-acre subdivision and for a rezoning from Low Density Single Family Residential
(RS-5) to Sensitive Area Overlay (RS-5/OSA) for property located at 1520 N. Dubuque Road
Planning and Zoning Commission Minutes
November 7, 2002
Page 2
McCafferty said the property was 5.6-acres in size. A proposal had been submitted to subdivide it into 4 lots
ranging from 1.2-1.6 acres in size. The land was relatively flat. On the east side of the property a wooded
ravine ran across the property that had steep and critical protected slopes on it. Currently the property had a
single older home and three other out buildings on it. The applicant had proposed that no development would
occur on the property at this time so the subdivision would not require any new streets. Sewer connection
would be required to the four lots. The sewer main currently ran at the base of the ravine. A sewer connection
would be provided for the lots, connecting to the sewer main at the bottom of the ravine, going up to Dubuque
Street and extending from the north property line all the way down to the south property line of Dubuque
Street. Some disturbance of the protected and critical slopes was required, which was allowed by the Sensitive
Areas Ordinance (SAO), because the sewer line was considered an essential public utility. McCafferty said
Staff felt that the amount of disturbance was minimal so the intent of the SAO had been met.
An escrow fund for sidewalks would need to be established so that as the properties were developed
sidewalks would be provided along North Dubuque Street.
McCafferty said Staff recommended that REZ02-00019/SUB02-00018, an application submitted by Tom Lewis
for a preliminary plat of Lewis Addition, a 4-lot, 5.6-acre subdivision and for a rezoning from Low Density
Single Family Residential (RS-5) to Sensitive Area Overlay (RS-5/OSA) for property located at 1520 N.
Dubuque Road, be approved.
Hansen asked what would Staff's position be regarding curb cuts onto Dubuque Street when the property was
developed. McCafferty said there would be one curb cut per lot which would have to meet Public Works'
standards.
Bovbjerg asked how the frontages of the proposed lots (153', 120', 97' and 136') compared to lots around the
City for RS-5 zoning. McCafferty said the proposal was considered a large lot development. Because of its
rural character and the sensitivity of the topography, the North District Plan recommended that it be developed
as a large lot development. The proposed lots and their frontages were quite a bit larger than the typical RS-5
lot. Miklo said minimum lot width required by zoning was 60-feet for RS-5 lots, so this subdivision well
exceeded the minimum.
Public discussion was opened.
Larry Schnittier, MMS Consultants, said they had done the design work for the subdivision. He was present to
answer any questions or provide additionar information as requested.
Public discussion was closed.
Motion: Koppes made a motion to defer REZ02-00019/SUB02-00018 to the 11/21/02 Commission meeting.
The motion died for lack of a second.
Motion: Hansen made a motion to approve REZ02-00019/SUB02-00018, an application submitted by Tom
Lewis for a preliminary plat of Lewis Addition, a 4-lot, 5.6-acre subdivision and for a rezoning from Low Density
Single Family Residential (RS-5) to Sensitive Area Overlay (RS-5/OSA) for property located at 1520 N.
Dubuque Road. Shannon seconded the motion.
Koppes asked for a clarification. The SAO applied to the larger lot, but after it was subdivided was it correct
that development still could not occur on the sensitive area even though it was less than two acres in size.
McCafferty said the developer would have to further subdivide it and it would have to be reviewed again for the
subdivision. Koppes asked if the second review would actually occur because it was less than 2-acres in size
so it would not be reviewed as a sensitive area. Miklo said if it had critical or protected slopes the Commission
would continue to review it, depending on what happened with the pending ordinance that was before the
Council regarding the SAO.
Bovbjerg asked if the tract were a sensitive area, wouldn't the conditions go with the whole tract? Did it stay
with the land, as the land was or did the lot lines make any difference? McCafferty said the buffer would be
recorded with the deed for the property and would go with the property. Therefore if it were further subdivided,
the subdivider would have to abide by the covenant. Behr said the buffer would run with the title of the land
and be binding upon subsequent owners.
Planning and Zoning Commission Minutes
November 7, 2002
Page 3
The motion passed on a vote of 7-0.
REZ02-00018/SUB02-00021, discussion of an application submitted by Callaway Development Inc for a
preliminary plat of Ruppert Hills for a 22.91-acre, 4-lot subdivision, and for a rezoning on 10.15 acres from
Medium Density Multifamily (RM-20) to Sensitive Areas Overlay and Planned Housing Development Overlay
(RM-20/OSNOPDH) to allow the development of a 198-unit apartment complex and clubhouse located at the
Northwest corner of Highway 1 and Ruppert Road.
McCafferty said a correction needed to be made - both applications were submitted by Callaway Development
Inc.
McCafferty said the area was recently downzoned and was subject to a Sensitive Areas Overlay rezoning due
to the presence of critical slopes on the property. The purpose of the subdivision on the properly was to
establish the legal property lines which corresponded to the boundaries of the recent rezoning, which had
been approved by Council. The subdivision complied with the Southwest District Plan. At this time no public
improvements would be required because the subdivision application did not propose any development on any
of the four lots. Under the subdivision and the OPDH, dedication of 1.4-acres of neighborhood open space
was required. The applicant had proposed to dedicate Outlot A, 1.5-acres in size, which was located directly
adjacent to Miller Orchard Park. The Parks and Recreation Commission would review the proposed dedication
at their 11113102 meeting. McCafferty said Staff felt that the application met all the requirements for open
space under the OPDH and subdivision ordinance. Sidewalks would also be required as part of the dedication.
Staff recommended that because of the topography on Outlot A the location of the sidewalk be determined at
the time that Parks and Recreation developed a plan for the future extension of the Park. The applicant would
have to put funds for the construction of the walks in an escrow account.
McCafferty said the rezoning also had a Conditional Zoning Agreement (CZA) of fifteen conditions which
required the evaluation of a number of complex issues:
· The ConditionalZoning Agreement
· The OPDH ordinance which was the Planned Housing Overlay
· The Sensitive Areas Ordinance
McCafferty said the CZA required a pedestrian trail easement which was intended to connect the
neighborhood with the Park as well as to provide the potential for a future connection to the south and also to
the commercial area located south of HWY 1. McCafferty said Staff recommended that at the time Outlots 2
and 3 were developed, if the trail had not yet been constructed the location of the easement be renegotiated
with the owners of the property in order to have an easement that would be more compatible with the
topography, a more direct route to Miller Orchard Park and be integrated into the proposed development so as
to be more sensitive to it.
Proposal of Lot 1, Callaway Lodge. McCafferty said the Southwest District Plan recommended that the lot be
rezoned to RM-12 or to RM-20 with a CZA, which was intended to mitigate some of the negative impacts of
large multi-family buildings being directly adjacent to a single-family neighborhood. The property was rezoned
to RM-20. The CZA that ran with the properly had fifteen conditions to it.
a. The applicant was required to submit an OPDH plan. The applicant had done so.
b. Vehicular access would not be permitted from Harlocke Street. No public access was proposed from
Harlocke Street. To comply with CZA condition k. the application had proposed to install a gate with a
Knox Box at that location to provide access for emergency vehicles.
In response to concerns expressed by neighbors in that area, McCaffedy said the applicant had stated
that no construction trucks would have access to the site from Harlocke Street. All construction trucks
would access the area through the HWY 1 access point area.
c. A buffer area. A layered buffer had been proposed. A 100-foot buffer from the development to the Iow
density single family neighborhood to the west; in the first 50 feet of the buffer no development was to
occur; in the next 50 to 75 feet, 25-foot tall buildings as well as landscaped parking could occur in the
buffer; in the next 75 to 100 feet area, a building no higher than 60 feet could occur within that buffer. Staff
felt the applicant had met the buffer requirement.
d. The development be sensitive to the topography, with 75% of the parking to be located below the building.
The applicant had proposed to locate 80% of the parking below the building. A total of 607 parking spaces
were proposed, 493 of those spaces were proposed to be located below the buildings in two levels.
e. Approved IDOT access to the property along HWY 1 directly across from Ruppert Road. The condition
had been met.
Planning and Zoning Commission Minutes
November 7, 2002
Page 4
f. Ruppert Road was to be a private street, with an emergency vehicle and public access easement over it.
The CZA required that it be designed to collector street standards. In order to reduce the chance that there
might be obstructions to the road, a wider road was being required. The wider road helped to ensure that if
a car was stalled or a tree fell partially across the road, access would still be available around the
obstruction. The applicant's proposal illustrated a number of variations from the collector street standards.
The standard called for a 31-foot wide road. The proposal illustrated a 28-foot private street. The standard
called for 4-foot wide sidewalks on both sides of the street. The CZA required trail easement went through
some very steep topography. The curve would be very difficult to negotiate, so Staff recommended and
the applicant concurred that it would be better to have the trail easement and a wider sidewalk follow a
more negotiable grade along the driveway in lieu of having sidewalks on both sides of the street. The
radius of the curves was tighter than what was allowed under the collector standard. A memorandum from
a representative of the applicant had been given to the Commissioners explaining why some of the
variations should be approved.
McCafferty reminded the Commission to consider that access was being allowed from only one location.
That constrained the property and the use of the property. If Ruppert Road were to be a through street
with access through the single-family neighborhood at Harlocke Street, collector street standards would
not be required. Condition D stipulated that the property be developed in a manner that was sensitive to
the topography. A narrower street would reduce the disturbance to the critical slopes. Most likely the street
would only be used by guests and residents. It also should be noted that there would be no on-street
parking on those parts of the street that are narrower than 31 feet. McCafferty said Staff felt the variations
were reasonable and should be approved.
g. If warranted, the properly owners must pay for improvements at the intersection and one-half the cost of a
signal at the intersection of HWY 1 and Ruppert Road. The applicant had agreed to do this and had
provided a traffic study to Staff and the Commission. The general concept plan included in the traffic study
was acceptable. A memorandum from Jeff Davidson indicated that some revisions to the traffic study
would need to be resolved to specifically determine the design of the intersection. There would also need
to be pedestrian facilities with a signal to allow pedestrians to cross HWY 1.
h. A private street must stub to the west property line of Lot 1. The applicant had proposed to have an
easement which went to the west property line which would provide the opportunity in the long-term future
for the continuation of the street. Under the CZA, the applicant was under no obligation to actually build a
road that would be a through street and continue across the adjacent property. McCafferty said the reason
for the easement and not actually building the stub was because it was not likely that it would be needed in
the near future, if ever.
i. A turnaround was required to be constructed at the end of the street. The turnaround proposed by the
applicant met the requirements of the Fire Marshall. Signage to prevent parking in the fire lane would have
to be provided in that area and also at the emergency access point at Harlocke Street, and to ensure that
the area remained free of snow and obstruction at all times.
k. Emergency access would be required to the north. The condition had been met with the gated access to
Harlock Street.
I. through o. regarded pedestrian facilities. McCafferty said these conditions were of particular concern
because it was likely that this particular development would be marketed to University students. Staff
wanted to ensure that there would be adequate pedestrian connections to the north and also within the
development to facilitate walking and biking to the University. Pedestrian access was provided at Harlocke
Street, at a connection that went up and over a retaining wall at Benton Manor and a third access point
also cut through Benton Manor. Sidewalks inside the Callaway Lodge development connected the
doorways along the private drive.
OPDH Plan. McCafferty said the property sloped from the west to the east. It contained very steep slopes and
a ravine with critical slopes. The proposed density was 22 units per acre, RM-20 zoning allowed 24-units per
acre. The proposal was for 198-units for a total of 555 bedrooms. The applicant had proposed to dedicate 1.5-
acres of open space. 1.4-acres was required for a subdivision so the open space requirement had been met. A
water tap on fee would be required. A number of retaining walls would be required on the property. The
proposal required running a sanitary sewer line underneath a retaining wall. The City preferred not to have
stacked construction of that type in case it ever needed to be excavated. Therefore Public Works had asked
that the applicant provide structural calculations of that sewer line, allow the City to videotape the installation of
it and in the future if there was an issue with the sewer line and it had to be excavated, the applicant would pay
for the reinstallation of the retaining wall.
Sensitive Areas Development Plan. McCafferty said some degree of subjectivity was required in determining
how the disturbance of the critical and protected slopes would be balanced with the constraints and conditions
Planning and Zoning Commission Minutes
November 7, 2002
Page 5
that had been placed on the property by the CZA. The applicant had proposed that 65% of the critical stopes
be disturbed. The property contained 1.35-acres of critical slopes,. Approximately .87-acres would have to be
disturbed to accommodate the private street and underground parking. McCaffedy said there were ways in
which the amount of critical slopes being disturbed could be reduced. If more retaining walls were used, the
amount of disturbance could be reduced. What the applicant had proposed was rather than using retaining
walls was to reduce the grade of the whole slope then re-landscape with additional landscaping which would
actually help to stabilize the slope. McCafferty said one of the intents of the SAO for regulated slopes was to
stabilize the slopes and reduce erosion, so Staff felt that the proposal of not using retaining walls met that
intent. If access were allowed via Harlocke Street, collector street standards would not be required and less of
the slopes would need to be disturbed.
McCafferty said the applicant had asked for a variation in the increase in allowable height. It was allowed
under the SAO and OPDH procedures but was up to the Commission's discretion. The underlying zoning
allowed a maximum of 35-feet, the applicant had proposed a maximum height of 58.5-feet. One of the reasons
for the increased height was due to the sloping topography of the site. The north side (back side) of the
property would generally not exceed the 35-foot maximum. However it was the downhill sloping side of the
development in which the 35-foot maximum would need to be exceeded. The CZA required that 75% of the
parking be located below grade. The proposed increase in building height was to allow two levels of parking
under the building. The north or the uphill sides of the buildings would mostly be within the 35-foot height limit.
The applicant had also proposed mounds or berms with landscaping to be located in front of the below grade
parking areas to help screen the two levels of parking that would be exposed on the south side.
McCafferty said because there were still deficiencies and discrepancies with the applications, Staff
recommended that REZ02-00018/SUB02-00021 be deferred pending correction of the deficiencies and
discrepancies.
Hansen asked what would be the maximum occupancy of the development. McCafferty said 555 persons. The
proposal was for 555 bedrooms with one occupant per bedroom.
Hansen asked if the police department had been asked to comment regarding their ability to provide services
to this building. McCaffedy said they had not had any input from the police department at this time. Relative to
other OPHD rezonings that Staff had looked at, there was less subjectivity involved with this one because it
had been downzoned and the baseline zoning was not being changed nor was the Comprehensive Plan being
amended.
Hansen asked how the proposed development complied with the Comprehensive Plan, in light of the fact that
the Comprehensive Plan called for fewer number of units per any given intersection. McCafferty said in the
main document of the Comprehensive Plan, for new neighborhoods, the Plan recommended 3-4 small
apartment buildings at the intersection of arterial and collector streets. This project was considered to be infill
housing, not a new neighborhood. Therefore the guidelines to which Hansen referred did not apply to this
particular development. The Southwest District Plan had an extensive section which dealt specifically with this
piece of property. Staff felt that the application did comply with the guidelines of the Southwest District Plan,
which is a part of the Comprehensive Plan.
Shannon said in her report McCafferty had mentioned various times that the applicant had complied with CZA
conditions. Were the deficiencies of such a serious magnitude that the applications could not be passed with
the condition that the deficiencies and discrepancies be corrected before consideration by Council? McCafferty
said generally if there were more than three deficiencies, Staff recommended deferral. At this time the
applicant had submitted a good amount of information to resolve the major deficiencies that were listed on the
Staff ReporL A number of deficiencies had been submitted and potentially resolved but Staff had not yet had
the opportunity to evaluate them. A number of smaller items relative to Public Works, getting the drawings in
order, legible/correct dimensions, etc., were not listed in the list of deficiencies.
Bovbjerg asked if in the CZA or any other type of agreement, was a secondary access prohibited from the
other end of the private drive? McCafferty said it was not. Early in the discussions there had been the potential
to locate that drive such that it could connect to the Russell property directly to the west. The reason that it
was not able to connect dealt with the topography in that area. The topography was simply too steep and the
connection could not be made. Bovbjerg asked if a second connection to HWY 1 was also prohibited due to
topography. McCafferty said that dealt more with IDOT. The applicant would have to seek approval from IDOT
and it was likely that IDOT would not allow a second access point. Miklo said when HWY 1 was reconstructed
Planning and Zoning Commission Minutes
November 7, 2002
Page 6
in that area, the Department of Transportation had actually bought up the rights to access the land. IDOT had
provided that padicular access which the applicant was taking advantage of and one farm access. Therefore
the points of access were pretty much limited to the one point of access onto HWY 1.
Bovbjerg asked what was the estimated time for the determination of a traffic signal and installing it. Was it
relative to a study or to number of units? McCafferty said it had been determined that a traffic signal was
necessary. Miklo said it would be put in with the construction of the development as a condition of the project.
Miklo said Staff felt that the Department of Transportation would require it before they allowed any access onto
HWY 1 in that area. Bovbjerg said it certainly seemed necessary before anyone moved in, but also with a
concern for the condition that no construction trucks go through the existing neighborhood. If the signal were
able to be ready for the construction trucks, that would help the construction trucks as well as everyone on the
highway.
Public discussion was opened.
Larry Schnittier, MMS Consultants, said he wished to address the design concepts that went into the modified
collector street. The memorandum he had provided to staff earlier in the week had addressed a lot of these
issues. As additional background, the Fire Marshall required a 26-foot wide street that was clear on one side.
That made it difficult to provide parallel parking as was typically done on a collector street. A 28-foot width had
been selected because several streets in Iowa City had been classified as 28-foot width streets. The City had
built Foster Road, a collector street, to a 28-foot width. It contained some fairly steep grades, had some trees
along it and had a one-way access to over 1,000-acres of ground. MMS Consultants preferred not to have a
31-foot width street because it gave motor vehicles a chance to drive faster. The area was primarily a
pedestrian oriented area and he didn't wish to encourage fast moving vehicles in that area. The main entrance
drives which were the shod hairpin curves would have no parking off the sides of them. The total length of the
street from HWY 1 to the fire truck turnaround was about 2,000 feet.
Bob Callaway, architect-developer, San Antonio, TX. Callaway said he had been in the profession for over 45
years, a practicing architect for most of those years. Recently he had dedicated his time solely to developing.
His company had been in all phases of real estate development but principally in multi-family housing, luxury
housing, high rise condominiums or what the market called for. Even before it was called student housing, he
had built apartments around major Universities, which filled up with students. In the last 4-6 years, there had
been attempts to build smaller projects. The trend now in major Universities was larger, student designed,
apartment complexes. This was not only in response to students, but to the mothers and fathers requesting a
different atmosphere for their children. Callaway Development had built several projects designed strictly for
students. Approximately five years ago they had built a student facility at Texas A&M It had been a high-end
large building.
Callaway said they managed their properties, the luxury and the student properties. It was a challenge to
manage student properties. He explained how they had selected Iowa City as a potential development site.
Callaway said they had searched for major universities on the computer, looked at housing on campus then
private housing. Iowa City was presented to Callaway by an individual who travels the country specifically
looking at student housing opportunities. They had looked at aerial photographs, topos, and property location
in relation to the University. Callaway then contacted a good friend of his who received his Master's degree
and PhD from the University of Iowa who explained a lot about the UI. Callaway said they then came to Iowa
City, looked at the topos, came to understand that it was a very challenging site and conceptually planned the
development. They discussed with Staff various proposals, some were immediately rejected and others
received a good reception in their philosophy of how to deal with this site. They had met with Staff several
times on different projects. Callaway said they had decided they did not want to fight the site, they wanted to
work with it and its contours. They looked at several other proposals, started working with the contours of this
site and met with Staff again. They had made changes that Staff had requested and moved forward. During
this time, the Southwest Plan was being approved and provided them the opportunity to utilize the Plan and
conform to it as well as they could. Callaway said it had always been his style over the last 40-years to work
with people and neighborhoods. This was the first time he'd heard the Good Neighbor Policy called such, but
he'd been working with that philosophy over 40 years. Callaway said he liked to meet with private groups one-
on-one, listen to their wants and desires and hopefully be able to honor those. They had met several times
with neighbors here.
Callaway said the management of a development like this was very important. They designed, built and
managed their own product. This required a large on-site staff to manage the property. Callaway said his
Planning and Zoning Commission Minutes
November 7, 2002
Page 7
management staff would be visiting Iowa City again in the next few weeks to tour other complexes. There
would probably be 8 or 10 persons on site to manage the complex. It would not be managed similar to the
Texas A&M property, their management was very stern there. They allowed no alcohol or smoking in the
facilities. During the last three years it had worked in Texas. Their occupancy was full. The Iowa City
development would be a different product. The upper north part of the building would contain the management
offices, leasing and maintenance personnel. The recreation building for the students would contain computer
labs, exercise rooms, and activity room for studies. Inside the buildings they tried to provide laundry facilities,
study rooms and living areas. Usually they also put a senior class person on each floor of the facility that
played mom or dad. That was their style of management.
Hansen asked Callaway what was the name of his unit at Texas A&M. Callaway said it was Callaway House,
in response to a request by his children to name a facility after himself. Hansen asked if Callaway planned to
have on-site security. Callaway said at the Texas A&M facility they had 24-hour security. At most complexes
they had drive through security. If necessary, they would have on site security.
Freerks asked the size of the Callaway House. It was 184 units or 580 students. Most, but not all, of their
projects contained an individual bedroom and bath for students as that was the current trend.
Hansen asked Callaway if he was associated with the Dinerstein group. Callaway said he was not. He did
have a web site which people could tour his other facilities.
Keith Oehley, San Antonio, TX. Oehley said this was one of the most difficult sites he had worked with.
Because of the difficulty of the site and topography, it had been necessary to work almost backwards. He had
started by determining how he could design an 8% slope road from only one access point, work with the site's
contours and to create the most sensitive road possible in order to provide access to all points of the site. They
had tried to push the buildings down toward HWY 1 and away from the residential neighborhood in order to try
to provide as many views over the top of the buildings as was possible, to try to leave as much green space as
possible and also to try to de-emphasize their mass. The only way to put the parking under the building was to
put it along the contours of the building. Oehley said he was not sure that there was any other practical
solution to the site.
Oehley said not being from this country, he subjected himself to quite of bit of research. He had found a great
precedent in the book, "The Lodges of the North West", that had been built during the great railroad times.
Those lodges had had a similar use, to provide bedrooms for persons who were traveling and they had had to
hug fairly steep slopes. Oehley had found the buildings generally tended to be fairly homogenous buildings
with one roofline, generally made of wood, three stories on top of a stone foundation generally a basement.
They were logical in terms of excavating below the snow line. The building model made sense economically,
visually and were appropriate for the northern climate. The great lodges were a mixture of North American
Indian influence as well as arts and crafts. Oehley also consulted books on arts and crafts, and had used this
particular style in a more contemporary fashion on a project that was currently under construction in Kansas.
Oehley said Callaway was very passionate about providing more detail to a project and they often had to try to
stop him from adding more instead of less detail to a project.
Oehley said he walked the site and discovered that several major topographical areas were not adequately
able to be represented in drawings for the elevations. The building was not straight and actually 'broke up'
because of the modules of the units that were required. Oehley said none of the three building's ground floor
footprints were at the same level. Their ground levels were 726, 736 and 746. Oehley said one of the issues
he was concerned about was called the third level of detail, which was generally missed by many architects
and developers. For instance, how was the skin of the building going to be developed? For the proposed
building the skin would be a cement board siding but would not necessarily be only a horizontal band. They
proposed to use a hardy plank to symbolize the wood, the roof would be a shingle roof made out of
composition shingle, and he hoped to find the opportunity to put some rock accents on the building.
Koppes said in reviewing the latest drawing that they had received earlier in the evening, there had been a lot
more screening in the original concept plan. It also looked like some of the screening encroached onto the
pedestrian easement. Schnittjer said initially there had been more trees on the north side of the project, but he
was informed by City Staff that the trees had to be removed from the pedestrian walkway area. All the trees
had also been removed from the 15-foot walkway on the west side. The tree trunks had been moved just
outside the easement, but the canopies would be over the easement.
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November 7, 2002
Page 8
Koppes said at the informal meeting she had asked about the stormwater onto HWY '1. Had there been any
progress? Schnittjer said they had not proceeded on the application yet. He had worked with IDOT before and
it was not a major concern. If he met IDOT's requirements they would work with him. The stormwater basin
would be a dry bottom facility. There were existing storm sewers underneath HWY 1 which would carry the
discharge over into a stormsewer that ran from HWY 1 down to Cub Foods and back into the pond area at
Wal-Mart and out to the Iowa River through the City's commercial development.
Schnittjer said one thing that was touched on but not addressed in the drawings was how they proposed to
visually handle the south side of the structures. The 58.6~foot building height was from the lowest point of entry
on the garage level to the midpoint of the roof. Theoretically they did have that height of a building, but in
reality with the berms that they proposed to build along the southside and the landscaping, that height of a
building would not be seen from HWY 1.
Shannon asked Schnittjer for more of a detailed clarification regarding the deficiencies that Staff said existed.
Schnittjer said the deficiencies that he was aware of were foot candle for the site lighting, photometric plan and
some engineering issues. They didn't have all the responses back from Public Works yet to know if Public
Works was satisfied with the revisions. They had anticipated a deferral at this meeting but fully intended to
have everything put together for the next Commission meeting. Schnittjer said there were some issues that
they wished to have feedback on yet that evening. One was the 28-foot street width, was it acceptable? Were
there other issues that needed to be addressed? McCafferty said under the CZA the Director of the Planning
Depadment had the discretion to approve the modification to the street. The Director felt the modification
complied with the CZA and had approved it.
Anciaux asked what was the white area on the drawings between the buildings. Schnittjer said it was a
hallway. Oehley said he was concerned about breaking the two buildings and making them look like two
buildings. It had made sense to use the space in between as a large lounge with a fireplace, a lot of glass
which extended toward HWY 1 and would act as the entrance on the rear side of the building. It would serve
as a communal space.
In response to a question from Bovbjerg, Oehley explained that the driveway entrances to the buildings were
at the ends of the buildings. It was possible to drive through the parking area from one end of the building to
the other. There were no center vehicular exits. It was not practical due to the extreme height of the slope.
Bovjberg asked what were the disaster, fire or venting provisions? Were there contingencies for getting people
and cars out if there was a disaster. She saw the area as a huge tunnel and potential carbon monoxide
problems. Oehley said over one-half of the area was open and on the lower side of the slope it was all open.
Where the entrances were on the ends was all open. There were two fire exits at each building. There was an
elevator from the garage at each building and two stairway fire exits at each building. Miklo said they were
possible getting into building code issues. Bovbjerg said her earlier concerns with the emergency gating issues
had been satisfied during the presentation.
Schnittjer said as the street came in it would be approximately 36-feet wide. Three 12-foot lanes, an in-turn
lane, a straight through lane and a right turn lane for the exit were required.
Anna BusA, Miller Avenue, asked for a clarification of where the driveway coming out would be. Was it just to
the west of Sobaski's? MoCafferty used several drawings to clarify the driveway's position. It was directly north
of the existing Rupped Road. She said the commercial lot was between the access point and Sobaski's. Miller
said there was already a bottleneck traveling west from Riverside Drive near Orchard Court and again near the
stoplight at Miller Avenue. The timing of the traffic lights caused a major bottlenecks. An additional traffic light
would cause a backup even into Wal-Mart and Menards. The development would add another 500 cars plus
perhaps 100 visitor's cars per day buzzing in and out of the development. Buss said she felt there were a 1ct of
traffic issues that would have to be addressed with regard to the complex. Buss said knowing the Iowa City
students the potential for a race track within the development existed. Buss said the foot traffic would all go
north, probably toward Benton to catch the bus. There were pedestrian traffic issues that would need to be
addressed as well. Where the bus stopped in the morning was also a racetrack. Buss said the Commission
needed to take a cold hard look at the traffic issue because it was going to be a problem. She said they
already had a racetrack on Miller and Hudson Streets. When drivers saw all the traffic lights on HWY 1 they
would drive through the residential area. Buss requested that the developers and the Commission get together
to address these issues.
Planning and Zoning Commission Minutes
November 7, 2002
Page 9
Judith Klink, 1101 Harlocke Street, said she was speaking as one of the neighborhood representatives as well
as someone who had participated in the Southwest District planning process. Klink said at the informal
Commission meeting concerns had been expressed about the interconnectivity within the development and to
the adjacent areas. Some of those concerns had been clarified but she still wished to further discuss that
issue. Klink said she was concerned about having the parking lot immediately adjacent to 8-plex and single-
family home on Harlocke Street, the second building in. She preferred to have the parking lot more
topographically sensitive as it was illustrated in the Southwest District Plan's sketch for the development. Klink
said there would be a problem with 24-hour lighting of the parking lot; the headlight beams and noise from the
parking lot would affect the lives of the residents on Harlocke Street. Klink said they preferred all the parking to
be underground. Klink said in order to prohibit student vehicle traffic from using the emergency access gate on
Harlocke Street the gate would need to be very creatively designed and much longer than the width of the
road. It would need to extend behind the 8-plex as it was possible to drive behind the building.
Klink said density and type of dwellers were also concerns. The Southwest District Plan showed nine bigger
apartment houses of the newer Iowa City type buildings. Callaway's development showed one huge building
5-stories high and two or three other buildings of substantial size. The development was proposed to be 198
units with 555 bedrooms, 90 4-bedroom units, 87 2-bedroom units, 21 1-bedroom units seemed a far cry from
the Southwest District Plan where naturally existing wildlife was still imaginable. The fact that the proposed
apartment residents would all be undergraduate students was quite a shock. Klink said she would personally
prefer a more traditional population of mixed students, adults and some amenities for children. She said the
statistics of proposed disturbance to the sensitive areas, to disturb 65% of the critical slopes sounded like a
contradiction in terms. Klink said she had had the opportunity to meet with the developers and they had been
willing to make changes in the first plan which pleased the neighbors. The neighbors were very pleased that
the developers had promised there would be no construction trucks traveling in their neighborhood on
Harlocke Street. Callaway had promised to preserve as much of the old ravine trees as possible which had
been done very effectively in the adjacent Southgate development. In that way the remnants in the Southgate
development would have corresponding neighborly patches in the new development which would enhance the
appearance of the whole area. The developers seemed eager to fit the buildings to the topography of the land.
Klink said to summarize the concerns of the participants in the Southwest District Planning process were: trail
planning, placement, attractiveness, destinations; pedestrian access to businesses south of HWY 1; density of
the population and increased pressure on the infrastructure; maintenance of the buffer zone between the
Weaver-Harlocke residential area and the new development; design and placement of the parking lots; fence
design at the end of Harlocke Street; and preservation of the sensitive areas including the critical slopes.
McCafferty said she wished to make clarifications. Under the CZA the applicant was not required to construct
the trail, only to provide an easement and location for the trail in the future. The budgeting of the City Parks
and Recreation Department would determine the construction of the trail. Koppes asked if Parks and
Recreation would review that detail. Miklo said he didn't think they would review the proposal for that, only if to
accept the proposed open space at the corner of Benton Street. Miklo said budget wise Parks would probably
not be ready to put in the trail anytime soon.
Tom Gelman, 714 McLean Street, said he wished to refocus and make sure the Commission was reviewing
what they were supposed to be reviewing. There were three things before the Commission. 1) Subdivision of
the plat which was straight forward. It was for the purpose of dividing the property in a way that now reflected
the current zoning. 2) The Sensitive Areas Overlay rezoning. The central issue was to evaluate the intrusion of
the sensitive features on the property. The intrusion had to do principally with the development of the road at
identified locations. Staff felt it met the intent of the ordinance. The developer had made the necessary
compromises to least impact the sensitive features. 3) The OPDH plan. The scope of the review had to do with
the variances that the developer had requested in connection with this development. The variance requested
was a height variance for the buildings.
Gelman said the developer had shown an extraordinary effort to try to accommodate both the needs of the
development as well as the sensitive features of the land. Gelman said the proposed development was in
slight contrast to the plan included in the Southwest District Plan of a possible development on that site. The
architect had explained that they had approached the site backwards, from a topographic standpoint. This
development was much more sensitive to the site than the hypothetical design included in the plan. Callaway's
design met all of the criteria in the Plan, was consistent with the Comprehensive Plan and was a good
resolution to that particular site which had historically been difficult to develop.
Planning and Zoning Commission Minutes
November 7, 2002
Page 10
McCafferty said there had been discussion regarding the concept plan in the Southwest District Plan. She said
that concept plan was based on RM-12 zoning. Therefore it did not have as much building footprint as there
was with the current building proposal. RM-20 zoning with CZA had also been recommended to mitigate some
of the conditions that had been discussed earlier.
Public discussion was closed.
Motion: Chair made a motion to defer REZ02-00018/SUB02-00021, an application submitted by Callaway
Development Inc for a preliminary plat of Ruppert Hills for a 22.91-acre, 4-lot subdivision, and for a rezoning
on 10.15 acres from Medium Density Multifamily (RM-20) to Sensitive Areas Overlay and Planned Housing
Development Overlay (RM-20/OSA/OPDH) to allow the development of a 198-unit apartment complex and
clubhouse located at the Northwest corner of Highway 1 and Ruppert Road to the 11/21/02 meeting. Shannon
seconded the motion.
Koppes asked if an updated tree count could be provided before the next Commission meeting. McCafferty
said the original tree count included the square footage for the club house which actually was not a residential
building. With the new submittal, that square footage had been taken out. They now met the tree requirement.
Koppes said the applicant had said they had removed some of the trees. She again asked for an updated tree
count.
Bovbjerg said she appreciated the CZA and the difficulty of the whole project. She said she felt the
Commission's concerns expressed at the informal meeting and earlier in the evening was exactly was that
Commission was supposed to do. They were to look at proposals from the neighbor and from the street and
mull around what it would be like to have these proposed buildings in Iowa City. Bovbjerg said when persons
brought something as complex as the proposed development before them, persons had to realize that they
were citizens coming to the project as were the citizens living right near by and they would be asking questions
because they truly wanted to know the information. The Commission is experienced enough that they would
not let something irrelevant make their vote go one way or another.
Anciaux called the question.
The motion passed on a vote of 7-0.
SUB02-00019, discussion of an application submitted by CB Development for a final plat of Whispering
Meadows Part Three, a resubdivision of Whispering Meadows Part Two Lots 139-156, an 18-1ot, 26.14 acre
residential subdivision located south and west of Whispering Meadow Drive.
Miklo said this property had originally been approved as part of the Whispering Meadows subdivision in 1993.
The applicant was now replatting a portion of it in order to allow a small portion to be built rather than
escrowing for the entire development. The plat was in order. Staff recommended approval of SUB02-00019,
subject to approval of legal papers and construction drawings prior to Council consideration.
Koppes asked about the buffer between this property and the one next to it. Miklo said there were a few
evergreens planted but there was no requirement that the subdivider provide a buffer.
Public discussion was opened. There was none. Public discussion was closed.
Motion: Anciaux made a motion to approve SUB02-00019, an application submitted by CB Development for a
final plat of Whispering Meadows Part Three, a resubdivision of Whispering Meadows Part Two Lots 139-156,
an 18-1ot, 26.14 acre residential subdivision located south and west of Whispering Meadow Drive subject to
approval of legal papers and construction drawings prior to Council consideration. Chair seconded the motion.
The motion passed on a vote of 7-0.
SUB02-00020, discussion of an application submitted by Mark Kennedy for a preliminary plat of Kennedy
Subdivision, a 40.2 acre, 4-lot residential subdivision located in Fringe Area C southwest of the intersection of
Dane Road SW and Osage Street SW.
Miklo said this property was on the west side of Dane Road within two miles of the Iowa City Corporate limit.
Therefore under the Fringe Agreement with County the Commission had the ability to review and approve or
Planning and Zoning Commission Minutes
November 7, 2002
Page 11
deny a subdivision in this area. That was also a state law. This particular subdivision was approved in 1997 as
a preliminary plat. Preliminary plats were good for a two year period, then they expired. The reason for the
expiration was in the event that they were not built and any new laws or policies subsequently came into play,
it would give the City the opportunity to impose those laws or policies on the subdivision. In this case there had
been no changes in the Fringe Area Agreement or the City subdivision regulations that would apply in this
particular case, so the subdivision as it was approved in 1997 had been resubmitted. The applicant was
seeking reapproval.
Miklo said a small private street would be built, three additional building sites would be approved and the
remainder of the property would be outlots for agricultural open space purposes. Staff found that the plat was
in conformance with the Fringe Area Agreement and the City subdivision regulations and recommended
approval of the application.
Public discussion was opened.
Mark Kennedy, 931 Maiden Lane, said on the outlots of the area he had gone into the PIC program and
planted 7,000 trees. It was still agricultural property but they were using it for nesting and tree development.
The PIC program was a government farm program that paid persons to set aside and not plant on certain
tracts of land.
Public discussion was closed.
Motion: Chait moved to approve SUB02-00020, an application submitted by Mark Kennedy for a preliminary
plat of Kennedy Subdivision, a 40.2 acre, 4-lot residential subdivision located in Fringe Area C southwest of
the intersection of Dane Road SW and Osage Street SW. Freerks seconded the motion.
The motion passed on a vote of 7-0.
VAC02-00006, discussion of an application by Eagle View Properties for a vacation of approximately 5,900
square feet of Lafayette Street right-of-way, located west of Capitol Street, subject to Eagle View Properties
incorporating their properties west of Capitol Street and north of the CRANDIC Railroad into one lot by
auditor's plat prior to the right-of-way being conveyed.
Miklo said Staff recommended approval subject to Eagle View Properties submitting an auditors plat that
incorporated their properties west of Capitol Street and north of CRANDIC Railroad into one lot by auditor's
plat, prior to the right-of-way being conveyed.
Public discussion was opened.
Bob Downer., 122 S. Linn Street and John Ockenfels, 3 E. Benton Street, were present to answer questions.
Public discussion was closed.
Motion: Shannon made a motion to approve VAC02-00006, an application by Eagle View Properties for a
vacation of approximately 5,900 square feet of Lafayette Street right-of-way, located west of Capitol Street,
subject to Eagle View Properties incorporating their properties west of Capitol Street and north of the
CRANDIC Railroad into one lot by auditor's plat prior to the right-of-way being conveyed. Anciaux seconded
the motion.
The motion passed on a vote of 7-0.
VAC02-00007, discussion of an application submitted by Mercy Hospital for the vacation of the east to west
alley in Block 27 of the Original Town Plat, located between Market and Bloomington Street west of Dodge
Street.
Miklo said Staff had found that with the single owner of the entire block the alley was not needed for public
purposes. To assure that policies regarding vehicular access to arterial streets were adhered to, Staff
recommended several conditions if the alley were to be vacated. Staff recommended approval subject to 1) no
direct vehicular access to Market Street, 2) the current alley intersection with Dodge Street will be closed and
there will be no additional direct vehicular access from Block 27 onto Dodge Street; the exit-only from the
Planning and Zoning Commission Minutes
November 7, 2002
Page 12
existing parking facility onto Dodge Street will be allowed to remain, 3) any overhead utilities relocated from
the alley will be located at least 100 feet from Bloomington and Market Streets or placed underground.
Public discussion was opened.
Darrell Lamb, 4561 Jenn Lane NE, Director of Engineering for Mercy Hospital said he was present to answer
any questions.
Bovbjerg asked if the conditions as outlined in the Staff Report were acceptable to Mercy Hospital. Lamb said
they would prefer to have the property without conditions, but the conditions were not inconsistent with their
plans for the property at this time.
Public discussion was closed.
Motion: Hansen made a motion to approve VAC02-00007, an application submitted by Mercy Hospital for the
vacation of the east to west alley in Block 27 of the Original Town Plat, subject to 1) no direct vehicular access
to Market Street, 2) the current alley intersection with Dodge Street will be closed and there will be no
additional direct vehicular access from Block 27 onto Dodge Street; the exit-only from the existing parking
facility onto Dodge Street will be allowed to remain, 3) any overhead utilities relocated from the alley will be
located at least 100 feet from Bloomington and Market Streets or placed underground. Freerks seconded the
motion.
The motion passed on a vote of 7-0.
OTHER:
Miklo said he had provided each of the Commissioners with a copy of the recently adopted Southwest District
Plan.
CONSIDERATION OF THE OCTOBER 17, 2002 MEETING MINUTES:
Motion: Anciaux made a motion to approve the meeting minutes as printed and corrected. Koppes seconded
the motion.
The motion passed on a vote of 7-0.
ADJOURNMENT:
Koppes made a motion to adjourn the meeting at 9:45 pm. Shannon seconded the motion.
The motion passed on a vote of 7-0.
Jerry Hansen, Secretary
Minutes submitted by Candy Barnhill
shared on c~t ytlt/pcd/min ut es/p&zJp&z 11-07-02.dc~c
DRAFT
POLICE CITIZENS REVIEW BOARD ~
MINUTES - November 12, 2002
CALL TO ORDER Chair John Stratton called the meeting to order at 7:02 p.m.
ATTENDANCE Board members present: Bill Hoeft, Loren Horton and John
Watson; board members absent: Bev Smith and John Watson.
Legal Counsel Catherine Pugh and Staff Kellie Tuttle were present.
Aisc in attendance was Captain Tom Widmer of the ICPD and
Vanessa Miller of the Iowa City Press Citizen.
RECOMMENDATION TO COUNCIL
Accept PCRB Reports on Complaint #02-03 and #02-04.
CONSENT
CALENDAR Motion by Watson and seconded by Hoeft to adopt the consent
calendar as presented or amended.
· Minutes of the meeting on 10/22/02
· ICPD Use of Force Report - September 2002
· ICPD General Order#00-08 (Weapons)
· ICPD General Order #99-05 (Use of Force)
· ICPD General Order#00-01 (Search and Seizure)
· ICPD General Order #02-01 (Temporary / Light Duty)
· ICPD General Order #99-01 (Police Vehicle Pursuits)
ICPD General Order #99-11 (Arrests)
· ICPD General Order #99~12 (Field Interviews and "Pat Down"
Searches)
Watson noted that it was difficult to know what updates or changes
have been made on the general orders. Widmer offered to note the
changes on future general orders so that he could go over them
with the Board if they had questions.
Motion carried, 3/0, Smith and Stratton absent.
OLD BUSINESS None.
NEW BUSINESS None.
PUBLIC
DISCUSSION None.
DRAFT
BOARD
INFORMATION Watson reported on his presentation of the PCRB video to the
Noon Kiwanis Club. He said it went very well and that there were a
lot of questions.
STAFF
INFORMATION Tuttle verified with the Board members if it was their intention to
distribute the PCRB brochure when giving presentations of the
video. The Board agreed that they did want to distribute the
brochures. Turtle stated that she would need to know ahead of
time the date of the presentation and the number of brochures that
would be needed.
EXECUTIVE
SESSION Motion by Hoeft and seconded by Watson to adjourn into Executive
Session based on Section 21.5(1 )(a) of the Code of Iowa to review
or discuss records which are required or authorized by state or
federal law to be kept confidential or to be kept confidential as a
condition for that government body's possession or continued
receipt of federal funds, and 22.7(11 ) personal information in
confidential personnel records of public bodies including but not
limited to cities, boards of supervisors and school districts, and 22-
7(5) police officer investigative reports, except where disclosure is
authorized elsewhere in the Code; and 22.7(18) Communications
not required by law, rule or procedure that are made to a
government body or to any of its employees by identified persons
outside of government, to the extent that the government body
receiving those communications from such persons outside of
government could reasonably believe that those persons would be
discouraged from making them to that government body if they
were available for general public examination.
Motion carried, 3/0, Smith and Stratton absent. Open session
adjourned at 7:10 P,M.
REGULAR
SESSION Returned to open session at 7:41 P.M.
Motion by Watson, seconded by Hoeft to accept the Public Report
as amended and forward to Council for Complaint #02-03.
Motion carried, 3/0, Smith and Stratton absent.
Motion by Watson, seconded by Hoeft to accept the Public Report
as amended and forward to Council for Complaint #02-04.
Motion carried, 3/0, Smith and Stratton absent.
2
DRAFT
ADJOURNMENT Motion for adjournment by Hoeft and seconded by Watson.
Motion carried, 3/0, Smith and Stratton absent.
Meeting adjourned at 7:47 P.M.
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City IA 52240-1826
(319)356-5041
TO: City Council
Complainant
Stephen Atkins, City Manager
R. J. Winkelhake, Chief of Police
Officer(s) involved in complaint
FROM: Police Citizens Review Board
RE: Investigation of PCRB Complaint #02-03
DATE: November 13, 2002
This is the Report of the Police Citizens Review Board's (the "Board")
review of the investigation of Complaint PCRB #02-03 (the "Complaint").
BOARD'S RESPONSIBILITY
Under the City Code of the City of Iowa City, Section 8-8-7 B, the Board's job is
to review the Police Chief's Report ("Report") of his investigation of a complaint.
The City Code requires the Board to apply a "reasonable basis" standard of
review to the Report and to "give deference" to the Report "because of the Police
Chief's... professional expertise." Section 8-8-7 B.2. While the City Code directs
the Board to make "findings of fact," it also requires that the Board recommend
that the Police Chief reverse or modify his findings only if those findings are
"unsupported by substantial evidence," are "unreasonable, arbitrary or
capricious," or are "contrary to a Police Department policy or practice or any
Federal, State or local law." Sections 8-8-7B.2(a), (b), and (c).
BOARD'S PROCEDURE
The Complaint was received at the Office of the City Clerk on July 16, 2002. As
required by Section 8-8-5 of the City Code, the Complaint was referred to the
Police Chief for investigation.
The Chief completed his Report and submitted it to the Board on October 4,
2002.
The following documents were included with the Report: Incident Report and
certified mail receipt. The complainant did not respond to the investigator's
requests for an interview.
At its meeting on October 22, 2002, the Board voted to review the Complaint at
level 8-8-7(B)(1)(a), review the Complaint on the record with no additional
investigation.
The Board met to consider the Report on the following dates: October 22, 2002
and November 12, 2002.
FINDINGS OF FACT
In July, 2002, Officer A observed a mother and her small child on the downtown
pedestrian plaza. The officer observed that the child ran in and out of a store,
collided with an elderly woman, urinated in a planter, and was held by a man that
the officer knew had been intoxicated earlier in the day, had felony charges
against him in another state, and showed numerous sores and wounds. The
officer was also aware of previous complaints by other citizens about the child's
behavior and the mother's lack of supervision. The officer addressed his
concerns to the mother. The mother disagreed with the officer's assertion that
she was not providing adequate supervision and stated that her daughter's
behavior was not inappropriate. The officer stated to the woman that, because of
her lack of care and supervision and refusal to acknowledge responsibility for her
child's behavior, he was going to contact the Department of Human Services
(DHS).
Before calling DHS, Officer A contacted his supervisor, who advised him to call
DHS. He then contacted a social worker at DHS and explained the situation.
Officer A stated that the worker advised him to arrest the woman. He contacted
his supervisor again and was advised to try to have the mother come to the
ICPD to resolve the matter. The mother agreed to this, but complained Io_udly
and angrily about the situation to others on the plaza.
CONCLUSION
The Complainant alleged the following:
Alleqation 1: Officer A actions toward the mother were inappropriate.
Officer A observed behaviors of the mother and her child on the pedestrian plaza
that led him to believe that the mother was not exercising adequate care and
control. He stated his concerns to the mother. When she disagreed with his
statements regarding her child's behavior and her supervision, he contacted his
supervisor (twice) and a DHS worker regarding the situation. The advice he
received was that the mother's and child's behavior indicated that adequate care
and control might be lacking.
The Board finds that the Chief's conclusion that Officer A acted appropriately is
supported by substantial evidence, and is not unreasonable, arbitrary or
capricious. Allegation #1 is NOT SUSTAINED.
COMMENTS
None.
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City IA 52240-1826
(319)356-5041
TO: City Council
Complainant
Stephen Atkins, City Manager
R. J. Winkelhake, Chief of Police
Officer(s) involved in complaint
FROM: Police Citizens Review Board
RE: Investigation of PCRB Complaint #02-04
DATE: November 13, 2002
This is the Report of the Police Citizens Review Board's (the "Board")
review of the investigation of Complaint PCRB #02-04 (the "Complaint").
BOARD'S RESPONSIBILITY
Under the City Code of the City of Iowa City, Section 8-8-7 B, the Board's job is
to review the Police Chief's Report ("Report") of his investigation of a complaint.
The City Code requires the Board to apply a "reasonable basis" standard of
review to the Report and to "give deference" to the Report "because of the Police
Chiers...professional expertise." Section 8-8-7 B.2. While the City Code directs
the Board to make "findings of fact," it also requires that the Board recommend
that the Police Chief reverse or modify his findings only if those findings are
"unsupported by substantial evidence," are "unreasonable, arbitrary or
capricious," or are "contrary to a Police Department policy or practice or any
Federal, State or local law." Sections 8-8-7B.2(a), (b), and (c).
BOARD'S PROCEDURE
The Complaint was received at the Office of the City Clerk on July 16, 2002. As
required by Section 8-8-5 of the City Code, the Complaint was referred to the
Police Chief for investigation.
The Chief completed his Report and submitted it to the Board on October 9,
2002.
The following documents were included with the Report: Incident Report and
Summation of Complainant Interview.
At its meeting on October 22, 2002, the Board voted to review the Complaint at
level 8-8-7(B)(1 )(a), review the Complaint on the record with no additional
investigation.
The Board met to consider the Report on the following dates: October 22, 2002,
and November 12, 2002.
FINDINGS OF FACT
In July, 2002, Officer A observed the Complainant and her small child on the
downtown pedestrian plaza. The officer observed that the child ran in and out of
a store, collided with an elderly woman, urinated in a planter, and was being held
by a man that the officer knew had been intoxicated earlier in the day, had felony
charges against him in another state, and showed numerous sores and wounds.
The officer was aware of previous complaints by other citizens about the child's
behavior and the mother's lack of supervision. The officer addressed his
concerns to the mother. The mother disagreed with the officer's assertion that
she was not providing adequate supervision and stated that her daughter's
behavior was not inappropriate. The officer stated to the woman that, because of
her lack of care and supervision and refusal to acknowledge responsibility for her
child's behavior, he was going to contact the Department of Human Services
(DHS).
Before calling DHS, Officer A contacted his supervisor, who advised him to call
DHS. He then contacted a social worker at DHS and explained the situation.
Officer A stated that the worker advised him to arrest the woman. He contacted
his supervisor again and was advised to try to have the Complainant come to the
ICPD to resolve the matter. The complainant agreed to this, but complained
loudly and angrily about the situation to others on the plaza. The Complainant,
the Complainant's former husband and father of the child, Officer A, and the
DHS worker met at the ICPD. The Complainant continued to maintain that her
child's behavior was "natural" and appropriate. The Complainant did agree to
accompany the DHS worker to MECCA for drug testing, i/~ i
CONCLUSION
The complainant alleged the following in her complaint:
Allegation 1: Officer A made an inappropriate contact with her because ~
dauqhter had urinated in some bushes on the Ped Mall.
Officer A observed behaviors of the Complainant and her child on the pedestrian
plaza that led him to believe that the mother was not exercising adequate care
and control. He stated his concerns to the mother. When she disagreed with his
statements regarding her child's behavior and her supervision, he contacted his
supervisor (twice) and a DHS worker regarding the situation. The advice he
received was that the mother's and child's behaviors indicated that adequate
care and control might be lacking.
The Board finds that the Chief's conclusion that Officer A acted appropriately is
supported by substantial evidence, and is not unreasonable, arbitrary or
capricious. Allegation #1 is NOT SUSTAINED.
Alleqation 2: Officer A made an improper referral to DHS concerninq the
Complainant's parentinq of her dauqhter.
As a mandatory reporter of suspected child abuse or neglect, Officer A is
required to report incidents of suspected abuse or neglect. Both his supervisor
and the DHS worker confirmed to the officer that intervention was appropriate.
The Board finds that the Chief's conclusion that Officer A acted in accordance
with policy and guidelines is supported by substantial evidence, and is not
unreasonable, arbitrary or capricious. Allegation #2 is NOT SUSTAINED.
COMMENTS
None.