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HomeMy WebLinkAbout2009-09-03 Info Packet~ = 1 ~, ~III~ ~- ~ ,,,,,, so r ~~ -•~...__ CITY OF IOWA CITY www.icgov.org CITY COUNCIL INFORMATION PACKET September 3, 2009 SEPTEMBER 10 SPECIAL WORK SESSION IP1 Council Meetings and Work Session Agenda IP2 Memoranda from the City Attorney and City Clerk: Curfew and Delinquent Behavior Ordinances MISCELLANEOUS IP3 News Release: Applications for I-JOBS Stimulus Funding Successful IP4 Memorandum from the Airport Commission/Staff: Airport Re-opening IP5 News Release: Credit Cards are now accepted at all City of Iowa City Parking Ramps IP6 Letter from the Community Development Planner: CDBG Buyout Update IP7 ETC Bar -Underage Alcohol Incident Reduction Plan 8/27/09 IP8 Robert James Hegeman, Plaintiff vs. The City of Iowa City and the City Council of Iowa, Defendants IP9 Building Permit Information August 2009 IP10 Letter from William Fehrman, MidAmerican Energy Company, to the City Clerk: Climate Change Policy IP11 Memorandum from the Director of Planning and Community Development: Update: Flood- related activities IP12 Invitation: CIVIC Dinner honoring International Writing Program Participants - September 10, 2009 IP13 Invitation: Forums at the Iowa City/Johnson County Senior Center-September 9, 2009 and September 18, 2009 DRAFT MINUTES IP14 Planning and Zoning Commission: August 20, 2009 IP15 Youth Advisory Commission: August 26, 2009 IP16 Police Citizens Review Board: August 11, 2009 _ ~ = _ ~ 09-03-09 ' "'"'®'~~ City Council Meeting Schedule and -.~...._ CITY OF IOWA CITY Work Session Agendas September 3, Zoos www.icgov.org • THURSDAY, SEPTEMBER 10 Emma J. Harvat Hall 5:30p Special Council Work Session No Dinner • Curfew and Delinquent Behavior TENTATIVE MEETING SCHEDULE SUBJECT TO CHANGE • MONDAY, SEPTEMBER 14 Emma J. Harvat Hall 6:30p Regular Council Work Session • TUESDAY, SEPTEMBER 15 Emma J. Harvat Hall 7:OOp Regular Formal Council Meeting • WEDNESDAY, SEPTEMBER 16 Johnson County Health and 4:OOp Joint Meeting Human Services Bldg • MONDAY, SEPTEMBER 28 Emma J. Harvat Hall 6:30p Special Council Work Session • TUESDAY, SEPTEMBER 29 Emma J. Harvat Hall 7:OOp Special Formal Council Meeting • MONDAY, OCTOBER 5 Emma J. Harvat Hall 6:30p Regular Council Work Session • TUESDAY, OCTOBER 6 Emma J. Harvat Hall 7:OOp Regular Formal Council Meeting • MONDAY, OCTOBER 19 Emma J. Harvat Hall 6:30p Regular Council Work Session • TUESDAY, OCTOBER 20 Emma J. Harvat Hall 7:OOp Regular Formal Council Meeting • MONDAY, NOVEMBER 2 Emma J. Harvat Hall TBA Regular Council Work Session 7:OOp Special Formal Council Meeting • THURSDAY, NOVEMBER 12 Emma J. Harvat Hall 6:30p Orientation/Joint Meeting -outgoing and incoming City Council • MONDAY, NOVEMBER 16 Emma J. Harvat Hall 6:30p Regular Council Work Session • TUESDAY, NOVEMBER 17 Emma J. Harvat Hall 7:OOp Regular Formal Council Meeting ~ - i _~ ' "~'®'~~ City Council Meeting Schedule and CITY OF IOWA CITY Work Session Agendas September 3, Zoos www.icgov.org • MONDAY, NOVMEBER 30 Emma J. Harvat Hall 6:30p Regular Council Work Session • TUESDAY, DECEMBER 1 7:OOp Regular Formal Council Meeting Emma J. Harvat Hall • MONDAY, DECEMBER 14 TBA Regular Council Work Session 7:OOp Special Formal Council Meeting Emma J. Harvat Hall r ~!I„:„~~,~ CITY OF IUWA CITY IP2 ~,.~~ ~ ~ EMCJ Date: September 2, 2009 To: City Council From: Eleanor Dilkes, City Attorney ~.~ Re: Curfew and Delinquent Behavior Attached for your consideration you will find: 1) a curfew ordinance; and 2) a loitering/blocking street ordinance. As I will explain in more detail below, it is my opinion that with these two exceptions the problem behaviors that have been identified are already addressed by existing laws. It is important to note that the State of Iowa has defined "delinquent act" in Chapter 232 of the Iowa Code. While some states, such as Missouri, define delinquent behavior more broadly, Iowa generally defines a delinquent act as an act that would be a crime if committed by an adult. The City of Iowa City does not have the authority to revise or add to the definition of "delinquent act" or alter the jurisdiction of the juvenile court.' A basic understanding of Iowa's juvenile justice system is necessary in order to discuss the advisability of additional legislation. The following is a brief summary. Juvenile Justice. Chapter 232, an eighty page chapter of the Iowa Code, sets forth in significant detail the laws that govern juvenile justice. There are 2 major types of proceedings: 1) Juvenile delinquency; and, 2) Child in Need of Assistance (CINA). A "delinquent act" is "the violation of any state law or local ordinance which would constitute a public offense if committed by an adult" except those laws that are exempted from the juvenile court's jurisdiction (simple misdemeanors for violation of state traffic, tobacco, natural resources laws and violations of municipal curfew and traffic citations). Thus, with these exceptions, a child who commits a crime is dealt with in accordance with Chapter 232, which addresses, among other things, how a child may be taken into custody, the conditions under which a child may be placed in shelter care or detention, intake proceedings by a juvenile court officer and determination of whether the complaint will be adjusted informally or formally by the filing of a petition with the court, how the hearings are conducted, waiver to adult court, physical and mental exams, and disposition of a child found to have committed a delinquent act. In speaking to the Johnson County Attorney and juvenile court office, it is my understanding that when the child admits guilt and the crime is classified below the level of a serious misdemeanor, generally the child is placed on informal probation on conditions that are appropriate given the circumstances. If the child violates the conditions of probation, the probation is revoked and a formal charge ("delinquency petition") is filed. A "child in need of assistance" is defined broadly in 18 ways and includes a child who has been physically abused or neglected by a member of the child's household, a child who is suffering due to a parent's failure to exercise a reasonable degree of supervision or provide essentials For example, in addition to the commission a crime, in Missouri the following behavior falls within the jurisdiction of the juvenile courts: (a) The child while subject to compulsory school attendance is repeatedly and without justification absent from school; (b) The child disobeys the reasonable and lawful directions of his or her parents or other custodian and is beyond their control; (c) The child is habitually absent from his or her home without sufficient cause, permission, or justification; and (d) The behavior or associations of the child are otherwise injurious to his or her welfare or the welfare of others. Mo. Rev. Statutes §211.031(2)(a)-(d) September 2, 2009 Page 2 such as food, clothing or shelter and refuses other means to provide such essentials, and a child who has committed a delinquent act "as a result of pressure, guidance or approval of a parent or guardian." Iowa Code §232.2(6). Chapter 232 details the duties of the Department of Human Services to investigate reports of abuse, when and how the Department may take temporary custody of a child, the grounds on which the Court may remove a child from his or her home, judicial proceedings once a CINA petition has been file, dispositional orders and proceedings governing the termination of a parent-child relationship. The County Attorney represents the Department of Human Services in CINA cases and the State in delinquency proceedings. By law, the County Attorney has an independent voice in delinquency cases and may take a position contrary to juvenile court services. In CINA cases the County Attorney serves as an advocate for DHS. Behaviors The following is a list of the problem behaviors identified by Chief Hargadine and Neighborhood Services Coordinator Marcia Bollinger (with the assistance of community members) and my thoughts on each. 1. Youth being out/roaming at all hours without adult supervision. While arguably a CINA case could be opened under 232.2(6)(c)(2) (failure of a parent to exercise a reasonable degree of care in supervising a child), it is unlikely that the Department of Human Services has the resources to open a case for every child found out at inappropriate hours. This behavior could be addressed by a curfew ordinance. The proposed ordinance includes exceptions for emancipated minors and the exercise of fundamental rights such as religious and political activity as required by the Iowa Supreme Court in City of Maquoketa v. Russell, 484 N.W. 2d 179 (Iowa 1942). The times in the proposed ordinance when a child could not be out without parental supervision unless engaged in one of the excepted activities are: 13 and below: 10 p.m. to 5:00 a.m.; 14 and 15: 11:00 p.m. to 5:00 a.m.; 16 and 17: 12:00 a.m. (midnight) to 5:00 a.m. There is no science to setting these times. They are based on our review of other municipal curfew ordinances, input from the police department and the Johnson County juvenile court office, and consideration of the challenges we are attempting to address. In addition, there is a lot to be said for keeping it simple. Municipal curfew ordinances vary from those having one time for all ages at all times of the year to those with different times for the school year and summer and for different ages. Below are the times in the Coralville and North Liberty ordinances: A. Coralville 14 years of age or younger (1) September 1 through May 31: Sunday through Thursday - 10:00 p.m. to 5:00 a.m. Friday and Saturday -12:00 midnight to 5:00 a.m. (2) June 1 through August 31: Sunday through Thursday - 11:00 p.m. to 5:00 a.m. Friday and Saturday -12:00 midnight to 5:00 a.m. Ages 15 through 17 (1) September 1 through May 31: Sunday through Thursday -11:00 p.m. to 5:00 a.m. Friday and Saturday - 1:00 a.m. to 5:00 a.m. (2) June 1 through August 31: Sunday through Thursday - 12:00 midnight to 5:00 a.m. Friday and Saturday - 1:00 a.m. to 5:00 a.m. September 2, 2009 Page 3 B. North Liberty (1) Under Age 16 - 10:30 p.m. to 5:00 a.m. (2) 16 and 17 - 12:00 midnight to 5:00 a.m. In speaking to City Attorneys in jurisdictions that have curfew ordinances it is my impression that their ordinances are most often used as a way to intervene and get kids off the streets when they are out at inappropriate hours, by, for instance, taking them home or having contact with a parent. Citations are reserved for repeat and difficult offenders. I have met with Chris Wyatt, Juvenile Court Supervisor, and Erin Altheide, Intake Officer, of the Johnson County Juvenile Court office and Janet Lyness and Pat Weir of the County Attorney's Office. They too see the value of a curfew ordinance being not the citation but the ability of the police to intervene, get kids off the street and make contact with the parents. While I had originally thought a curfew violation would have an impact for those juveniles who are on informal probation, I am informed by the juvenile court authorities that with rare exceptions a curfew is not a condition of informal probation and it is imposed on a child who is on formal probation only if it is seen as an issue. The juvenile court office did express concern that additional legislation such as a curfew, could lead to a higher level of contact with minority youth and thus lead to increased arrest of minority youth. It is my understanding that there is a local committee that addresses the issue of disproportionate minority contact. Given how we anticipate a curfew ordinance will be used, the fine in the proposed ordinance is low - $50.00. Some literature indicates that the most effective curfews are community-based curfew programs that offer a range of services, including diversion programs as an alternative to prosecution. The juvenile court authorities and United Action for Youth are receptive to considering a diversion program, such as is currently done for shoplifting charges. The proposed ordinance also includes a provision for parental responsibility. 2. Small children out alone without supervision. See answer to #1. DHS involvement and/or a CINA proceeding is more likely with young children. 3. Loitering in large groups/Loitering on private property. The state disorderly conduct law (Iowa Code Section 723.4 (7)) currently prohibits the following: "Without authority or justification, the person obstructs any street, sidewalk, highway, or other public way with intent to hinder or prevent its lawful use by others." Charges under this ordinance could pose some difficulty due to the specific intent requirement. Attached for your consideration is an ordinance that simply prohibits obstructive conduct without regard to intent. The language in the proposed ordinance is taken from the Des Moines loitering ordinance which has been upheld as constitutional by the Iowa Supreme Court in City of Des Moines v. Lavigne, 257 N.W.2d 485 (Iowa 1977) Groups loitering on private property that is not open to the public can be given trespass warnings with the consent of the owner. I do not recommend a loitering ordinance that prohibits loitering "in a place, at a time, or in a manner not usual for law-abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity"(American Law Institute, Model Penal Code Section 250.6(1962). Loitering ordinances modeled on the Model Penal Code have not enjoyed consistent support from the courts and they fail for being vague, overbroad and neglecting to provide a standard by which an officer can assess the identity and behavior of the person. Ordinances that outlaw concrete behavior without regard to subjective reaction are much more defensible. September 2, 2009 Page 4 A loitering charge against a juvenile would fall within the jurisdiction of the juvenile court, and would be prosecuted by the County Attorney in the event a formal delinquency petition was filed. In speaking to the juvenile court office it appears that the most likely result of a loitering charge (a simple misdemeanor) would be an intake meeting with the child and parent. In the absence of unusual circumstances, the charge would be held in abeyance. 4. Throwing rocks. This behavior is already prohibited through Assault (Iowa Code Section 708.1) and Criminal Mischief (Iowa Code Section 716.1) statutes, depending on whether the target is people or property. 5. Walking down the middle of the street (blocking traffic). The proposed loitering ordinance would address this behavior. There presently is not a perfect avenue for prosecuting this behavior. Iowa Code Section 321.326 states that pedestrians walking on a roadway shall, "walk on the left side of such highway. Iowa City Ordinance 9-6-2 provides a number of as o osed to walkin possibilities, but 9-6-2(B) only refers to persons "crossing" the street, pp 9 down it, and 9-6-2(D) only refers to streets without sidewalks or curb improvements, which probably wouldn't apply to the streets in question. The City's Disorderly Conduct ordinance (8- 5-1(5)) prohibits persons from placing themselves in a public way to impede the flow of traffic, but that behavior doesn't constitute an offense unless they are ordered to move, and they refuse to do so. As noted earlier, the state disorderly conduct statute may be difficult to enforce due to the specific intent requirement. 6. Biking in the middle of the street, blocking traffic. Under Iowa City Ordinance 9-8- 1(C), persons riding bicycles must ride single file and "as near to the right hand side of the roadway as practicable..." They must also ride, "in a prudent and careful manner." 9-8-1(D). These laws should provide tools to effectively deal with this problem. 7. Yelling Obscenities. The regulation of this problem brings with it serious constitutional limitations. Cursing, in and of itself, cannot be outlawed. The Disorderly Conduct ordinance (8- 5-1) and the State's Disorderly conduct statute (723.4) may provide some assistance, in that they outlaw breach of the peace, using inflammatory language likely to provoke a violent response, and unreasonable noise in the vicinity of residences. These laws likely already outlaw all that the First Amendment will let us prohibit. 8. Attempt to run into or damage moving vehicles while on foot or biking. This behavior could likely be addressed through Assault (708.1), Criminal Mischief (716.1), one of the City's pedestrian ordinances in 9-6, or one of the biking ordinances in 9-8, if applicable. 9. Graffiti. Graffiti may be prosecuted under the Criminal Mischief Statute (716.1). 10. Causing disturbances at school. Depending on the nature of the disturbance, this could be addressed with any number of current criminal charges, such as Assault (708.1), Disorderly Conduct (723.4 or 8-5-1 ), Criminal Mischief (716.1), Harassment (708.7), Stalking (708.11), Intimidation with a Dangerous Weapon (708.6), or whatever else is borne out by the facts. Of course, the school district should be consulted to collaborate on how to best address problem behaviors. 11. Chronic Truancy. School truancy is addressed in Iowa Code Chapter 299. Children who have reached the age of 6, but not 16, by September 15th must attend school the entire school year. Schools formulate attendance policies (299.1), and refer children and their parents or guardians to mediation (299.5A) when the attendance policy calls for it. Parents or guardians must then attend the mediation with their student, the County Attorney's Office, a school representative, and the mediator. They attempt to find the cause of the truancy, and address it in an agreement signed by all parties. (299.5A) If the parent or guardian refuses to September 2, 2009 Page 5 mediate, or violates the agreement, they commit a crime with an escalating penalty, ranging from a simple misdemeanor, punishable by up to 10 days in jail or a fine not exceeding $100 for a first offense, to a serious misdemeanor, punishable by up to 30 days in jail and/or a fine not exceeding $1,000 for a third or subsequent offense. (299.6) However, if a parent or guardian has made reasonable efforts to comply with the agreement, and is unable to get the child to attend school, they may file an affidavit to that effect and attempt to escape criminal liability. (299.6) The school district can also prescribe reasonable rules for the punishment of truants (299.9) and employ Truancy Officers, who may take apparent truants into custody without warrant and place them in the custody of the principal or designee while the parents are contacted. (299.11) Here in Johnson County, a recent innovation by District Associate Judge Gerard has modified this practice locally. Robert Otto is the Johnson County Attorney's Office contact on truancy matters. He explained the Johnson County procedure as follows: 1. Schools impose their own discipline on students for failure to attend school, and contact the parents to get them involved. 2. The school district forwards a list of students still truant to the Johnson County Attorney's Office. Mr. Otto mails the parents a warning letter. 3. The school district forwards a list of students still truant to the Johnson County Attorney's Office. Mr. Otto sends a letter telling parents to show up for a lecture by Judge Gerard, or face criminal charges under Iowa Code Chapter 299. Attendance is excellent, and the lecture is reportedly quite effective. 4. The school district forwards a list of students still truant to the Johnson County Attorney's Office. Mr. Otto then schedules mediations with the School Attendance Task Force. Failure to mediate results in criminal charges against the parents. 5. The school district forwards a list of students still truant to the Johnson County Attorney's Office. Criminal charges are filed. This point has been reached approximately 5 times in the last 5 years. 12. Being anuisance / disobeying a parent's lawful direction. It would be very difficult to regulate behavior of this sort, unless the specific behavior falls into one of the other categories previously described, or otherwise criminalized. As noted above, the City's remedies are limited. In Missouri, such behavior comes within the purview of the juvenile court authorities which allows a child to be taken into custody by juvenile court authorities not only for the commission of a crime but for such behavior as disobeying "the reasonable and lawful directions of his or her parents or other custodian and is beyond their control". Mo. Rev Statutes §211.031(2)(b). In Iowa, by state law, delinquent behavior that brings a child within the juvenile court's jurisdiction is generally limited to the commission of an act that would be a crime if committed by an adult. That is not to say, of course, that the police department, juvenile court services and the community can't work together to address such problems. I will be available at your work session on September 10. In the meantime, please give me a call if you have any questions. Attachments Cc: Dale Helling, Interim City Manager Sam Hargadine, Police Chief Matt Johnson, Police Captain Marian Karr, City Clerk Eric Goers, Assistant City Attorney Marcia Bollinger, Neighborhood Services Chris Wyatt and Erin Altheide, Juvenile Court Services Janet Lyness, County Attorney Pat Weir, Assistant County Attorney Ginny Naso, United Action for Youth Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 8, POLICE REGULATIONS, CHAPTER 6, PERSONS UNDER EIGHTEEN YEARS OF AGE, TO ADD A NEW SECTION 2, JUVENILE CURFEW TO ADD A NEW JUVENILE CURFEW ORDINANCE. WHEREAS, the City has determined that there has been an increase in juvenile violence, juvenile gang activity, and crime by persons under the age of eighteen (18) resulting in juveniles being involved in a wide range of unacceptable behavior including vandalism, breach of the peace, assaults, and intimidation of residents; WHEREAS, persons under the age of eighteen (18) are particularly susceptible by their lack of maturity and experience to participate in unlawful and gang-related activities and to be victims of older perpetrators of crime; and WHEREAS, the City has found that there has been a significant breakdown in the supervision and guidance normally provided by parents and guardians for juveniles resulting in an increase in the crimes and other unacceptable behavior cited above; and WHEREAS, the City has an interest in providing for the protection of minors from each other and from other persons, for the enforcement of parental control over and responsibility for children, for the protection of the general public, and for the reduction of the incidence of juvenile criminal activities; and WHEREAS, the offensive activities of juveniles are not easily controlled by existing laws and ordinances; and WHEREAS, a curfew for those under the age of eighteen (18) will be in the interest of the public health, safety, and general welfare and will help to attain the foregoing objectives and to diminish the undesirable impact of such conduct on the citizens of Iowa City and will promote the public good, safety and welfare; and WHEREAS, parental responsibility for the whereabouts of children is the accepted norm and legal sanctions to enforce such responsibility have had demonstrated effectiveness in many cities, the City has determined that a curfew ordinance will increase the responsibility of parents and guardians for juveniles within their control and decrease juvenile delinquency; and WHEREAS, the City wishes to ensure that children out in public for legitimate reasons, including the exercise of certain fundamental rights, will not be subjected to a penalty; and WHEREAS, it is in the best interest of the City to adopt this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. 8-6-2: JUVENILE CURFEW: A. Definitions. For use in this section, the following terms are defined: 1. "Emergency errand" means, but is not limited to, an errand relating to a fire, a natural disaster, an automobile accident or any other situation requiring immediate action to prevent serious illness, bodily injury or loss of life. 2. "Knowingly" means knowledge which a responsible adult should reasonably be expected to have concerning the whereabouts of a minor in that responsible adult's custody. This is an objective standard. It shall, therefore, be no defense that an adult responsible for a minor was completely indifferent to the activities or conduct or whereabouts of the minor. 3. "Minor" means any unemancipated person under the age of eighteen (18) years. 4. "Nonsecured custody" means custody in an unlocked multipurpose area, such as a lobby, office or interrogation room which is not designed, set aside or used as a secure detention area, and the person arrested is not physically secured during the period of custody in the area; the person is physically accompanied by a peace officer or a person employed by the facility where the person arrested is being held; and the use of the area is limited to providing nonsecured custody only while awaiting transfer to an appropriate juvenile facility or to court, for contacting of and release to the person's parents or other responsible adult or for other administrative purposes; but not for longer than six (6) hours without the oral or written order of a judge or magistrate authorizing the detention. 5. "Public place" includes stores, parking lots, parks, playgrounds, streets, alleys and sidewalks dedicated to public use; and also includes such parts of buildings and other premises whether publicly or privately owned which are used by the general public or to which the general public is invited commercially for a fee or otherwise; or in or on which the general public is permitted without specific invitation; or to which the general public has access. For purposes of this section, a vehicle or other conveyance is considered to be a public place when in the areas defined above. 6. "Responsible adult" means a parent, guardian or other adult specifically authorized by law or authorized by a parent or guardian to have custody or control of a minor. 7. "Unemancipated" means unmarried and/or still under the custody or control of a responsible adult. "Emancipated" is as defined in Iowa Code Section 252.16(4), as amended. B. Curfew Established. A curfew applicable to minors is established and shall be enforced as follows: 1. Unless accompanied by a responsible adult, no minor thirteen (13) years of age or younger shall be in any public place between the hours of 10:00 p.m. and 5:00 a.m. 2. Unless accompanied by a responsible adult, no minor fourteen (14) years of age through fifteen (15) years of age shall be in any public place between the hours of 11:00 p.m. and 5:00 a.m. 3. Unless accompanied by a responsible adult, no minor sixteen (16) years of age through seventeen (17) years of age shall be in any public place between the hours of 12:00 a.m. (midnight) to 5:00 a.m. C. Exceptions. The following are exceptions to the curfew: 1. The minor is accompanied by a responsible adult. 2. The minor is on the sidewalk or property where the minor resides or on either side of the place where the minor resides and the adult responsible for the minor has given permission for the minor to be there. 3. The minor is present at or is traveling between home and one of the following: a. Minor's place of employment in a business, trade or occupation in which the minor is permitted by law to be engaged or, if traveling, within one hour before or one hour after the work shift; b. Minor's place of religious activity or, if traveling, within one hour before or one hour after the religious activity; c. Governmental or political activity or, if traveling, within one hour before or one hour after the activity; d. School activity or, if traveling, within one hour before or one hour after the activity; e. Assembly such as a march, protest, demonstration, sit-in or meeting of an association for the advancement of economic, political, religious or cultural matters, or for any other activity protected by the First Amendment of the U.S. Constitution guarantees of free exercise of religion, freedom of speech, freedom of assembly or, if traveling, within one hour before or one hour after the activity. 4. The minor is on an emergency errand for a responsible adult; 5. The minor is engaged in interstate travel through the City beginning, ending or passing through the City when such travel is by direct route. 6. The minor's business, trade or occupation, in which the minor is permitted by law to be engaged, requires the presence of the minor in the public place. D. Parental Responsibility. It shall be unlawful for a parent or guardian having legal custody of a minor knowingly to permit or by ineffective control to allow the minor to be in violation of this Section. This requirement is intended to hold a neglectful or careless parent or guardian up to a reasonable community standard of parental responsibility through an objective test. It shall, therefore, be no defense that a parent or guardian was completely indifferent to the activities or conduct or whereabouts of such minor. E. Enforcement Procedures. 1. Determination of Age. In determining the age of the juvenile and in the absence of convincing evidence such as a birth certificate or driver's license, a peace officer on the street shall, in the first instance, use his or her best judgment in determining age. 2. Grounds for Taking into Custody; Conditions of Custody. Grounds for taking a minor into custody for a curfew violation are that the person refuses to sign the citation without qualification; persists in violating the ordinance; refuses to provide proper identification or to identify himself or herself; or constitutes an immediate threat to the person's own safety or to the safety of the public. A law enforcement officer who takes a minor into custody for a curfew violation may keep the minor in custody either in a shelter care facility or in any non-secured setting. The officer shall not place bodily restraints, such as handcuffs, on the minor unless the minor physically resists or threatens physical violence when being taken into, or while in, custody, or presents a risk of injury to the minor or others. A minor shall not be placed in detention for a curfew violation. 3. Notification of Responsible Adult. After a minor is taken into custody, the law enforcement officer shall notify the adult responsible for the minor as soon as possible. The minor shall be released to the adult responsible for the minor upon the promise of such person to produce the child in court at such time as the court may direct. 4. Minor Without Adult Supervision. If a peace officer determines that a minor does not have adult supervision because the peace officer cannot locate the minor's parent, guardian or other person legally responsible for the care of the minor, within a reasonable time, the peace officer shall attempt to place the minor with an adult relative of the minor, an adult person who cares for the child or another adult person who is known to the child. In the event no such person can be promptly located, the peace officer shall place the minor in shelter as specified in Iowa Code Section 232.20 and 232.21. F. A violation of this section shall be a simple misdemeanor punishable by a fine of fifty dollars ($50.00). SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective upon publication. Passed and approved this day of , 2009. MAYOR ATTEST: CITY CLERK Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE N0. ORDINANCE AMENDING TITLE 8, POLICE REGULATIONS, CHAPTER 5, MISCELLANEOUS OFFENSES, TO ADD A NEW SECTION 11, ENTITLED "STANDING, LOITERING AND OBSTRUCTING PERSONS." WHEREAS, the City has determined that there has been an increase in blockages of City streets and sidewalks by pedestrians on foot walking on the traveled portion of the roadway instead of on the adjoining sidewalks in such a way as to block vehicular traffic, and standing on the sidewalk so as to block pedestrian traffic; and WHEREAS, the City desires to promote and encourage the free flow of vehicular traffic on the City streets, and pedestrian traffic on the City sidewalks; and WHEREAS, it is in the best interest of the City to adopt this amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. 8-5-11: STANDING, LOITERING AND OBSTRUCTING PERSONS: A. With the exception of persons authorized to use the public right of way pursuant to Title 10 of the City Code entitled "Public Ways and Property", no person shall: 1. Congregate, stand, loaf or loiter upon any street, sidewalk, bridge or crossing so as to obstruct the street, sidewalk, bridge or crossing or hinder or prevent persons passing or attempting or desiring to pass thereon. A violation under this subsection can be proven regardless of whether a person or vehicle is actually hindered or prevented from passing. 2. Congregate, stand, loaf or loiter in or in front of any hall, lobby, doorway, passage or entrance of any public building, theater, hotel, eating house, lodginghouse, office building, store, shop, office or factory or other like building so as to obstruct such place or hinder or prevent persons walking along or into or out of such place or attempting or desiring to do so. B. A violation of this section shall be a simple misdemeanor punishable by a fine of fifty dollars ($50.00). SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective upon publication. Passed and approved this day of , 2009. MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office =-~~p~`~ CITY OF I(JWA CITY ~, ~~ RA~D~~ ~ E~C~ Date: September 3, 2009 To: Mayor and City Council From: Marian K. Karr, City Clerk ~~ Re: Curfew and Delinquent Behavior Ordinances Discussion of both ordinances is scheduled for your work session on Thursday, September 10. No action is scheduled on the ordinances at the September 15 formal meeting at this time. If a majority of you wish to proceed with an action item we can schedule a special formal meeting on the 14th and/or amend the September 15 agenda after the discussion. Staff will proceed as directed at your work session on the 10tH Also attached is related correspondence. This correspondence will be formally accepted on the September 15 consent calendar agenda but not distributed a second time. Cc: Dale Helling Eleanor M. Dilkes Page 1 of 2 Marian Karr .......................................... From: Doug Alberhasky [doug@johnsgrocery.comj Sent: Wednesday, September 02, 2009 3:21 PM To: Regenia Bailey; Amy Correia; Matt Hayek; ss-Wilburn@iowa-city.org; Mike Wright; Council Subject: From John's Grocery To the Iowa City Council With the rash of shoplifting at our store, our increased efforts to deter crime, and the increased coverage of this problem in our town by the media, a customer gave me this link to the U.S. Drug Enforcement web page- http://www usdoj_gov/dea/pubs/state factsheets/iowa.html Quoting the report: Cocaine HCI is readily available throughout Iowa. In metropolitan areas of eastern Iowa, cocaine is the number two drug of choice, behind marijuana. Chicago and California are primary source areas for cocaine coming into eastern Iowa. Most of the crack cocaine in eastern Iowa is sold byAfrican-American traffickers, supplied by street gangs out of Chicago. Defendant and witness interviews indicate that m any Chicago residents have been displaced as a result of low income housing projects being torn down, and have now settled in Iowa. This population shift has provided Chicago-based gang members cover and protection for their gang activities, including the trafficking of controlled substances. Hopefully, you are already aware of this, but if not, it is a sobering reminder of some of the unintended consequences of what welcoming out of town guests to our great community means. I am the 7th generation of my family to live and work in Iowa City, and I'm scared to hell of what is happening here, and what this problem means to the future for my children and everyone else in town. The abundance of low income housing and the problems that come with it, is not something that I voted for, but unless we, as a community start having conversations about the impact of receiving federal housing assistance money the problem will continue to grow. (It is like the drugs that the DEA talks about, once you start taking it, the city gets hooked, and then we're in a death spiral until we hit bottom, and God only knows where that bottom is at!) If that happens, many of the people that make Iowa City such a great place to live, will finally get fed up, and move to the surrounding communities, and that is something that none of us want to happen. My 4th grade teacher at Hoover Elementary beat into us to be responsible for our own actions-so you the council have to require those accepting assistance be responsible for their own actions. This is something that has to be applied to anyone that is getting aid. Why should those of us who pay taxes, help our community, and play by the rules have to take care of those who don't. This also has to apply to not only the youth that in most cases are doing the crimes, but also to their parents or care givers. It is very easy to say that "I can't keep track of my child and make sure that they don't get into trouble", but if the child understands that they are truly a partner in receiving tax dollars and housing assistance, and their bad actions have repercussions, maybe they will think a bit more about their actions. Also, can we as a city have a minimum residency requirement to get onto the housing assistance list? I and the majority of business owners that I know personally feel that we as Iowa Citians need to take care of our own elderly and low income residence before we offer it to others coming to town from elsewhere. Please, our teachers, our police, and our non-profits are doing a great job in dealing with this problem, now it up to you stem this tide while there is still a town to fight for. Please, help us all!!! 9/2/2009 Page 2 of 2 Thank you for your time. Doug Alberhasky Store Manager John's Grocery 401 E. Market St. Iowa City, IA 52245 319.337.2183 tel 319.331.8764 mobile 319.339.4904 fax dou.g_ a~j'ohnsgrocery,c_om www~ohnsgro y_com An Iowa City Tradition Since 1948 9/2/2009 Page 1 of 2 Marian Karr From: Kathryn Johansen Sent: Monday, August 31, 2009 1:56 PM To: 'David Etler' Cc: "City Council Subject: RE: Grantwood neighborhood troubles Dear David: Thank you for your email to the City Council regarding public safety issues relating to the Southeast Iowa City area. Some Council members do not receive their email messages directly. Your message will be forwarded to the Council and will be accepted as official correspondence as part of the consent agenda for an upcoming formal Council meeting. If you wish to contact any Council members directly, go to www.c~,oy.or~ and, under "C" in the alpha index, click on City Council for contact information. In response to the incidents of violence that have occurred, the Iowa City police department has assigned additional investigators and patrol coverage to the SE Iowa City area with the twofold purpose of both preventing further violence and identifying and apprehending the person(s) responsible in the shooting incident. That effort continues. The Police Department is working with, and receiving assistance from, nearby law enforcement agencies as well. This will help us maintain police protection in other areas as we focus more resources to S.E. Iowa City as needed. On September 10, 2009, at 5:30 PM Council will hold a special work session to discuss the possibility of enacting a curfew and/or adoption of a delinquent behavior ordinance. This work session will be held at City Hall and is open to the public. We remain committed to dedicating the efforts of other City offices as well, and to working with neighborhood residents in addressing the underlying issues that give rise to incidents like this. I believe there are very positive results that have come from the cooperative efforts that have followed the recent violence, many of which are ongoing. Hopefully that can continue and we can build on those efforts. I realize that this response may not specifically address all of your expressed concerns. Be assured that efforts to ensure the safety of all citizens in the Southeast Iowa City area will continue. Council members have assured me that they support the allocation of all resources needed for the police and other City offices to effectively address this matter. Thank you for your input and for expressing your obvious concerns. Sincerely, Dale Helling, Interim City Manager From: David Etler [mailto:chzdanish@gmail.com] Sent: Thursday, August 27, 2009 12:31 PM To: Council Subject: Grantwood neighborhood troubles 8/31 /2009 Page 2 of 2 The recent violence in my neighborhood of Grantwood has me very concerned. When my family moved to this neighborhood, we scoffed at our friends who felt we were making an error. It's a lively, diverse neighborhood, we said to each other. And to the person who said, "Oh, well, you can always transfer your child to another school," we thought, "Why would we? We've got no problem being around people different than us, and our kids should feel the same!" We felt this way through the riots, even through the shootings. But my wife and I recently moved our kindergartner from Grantwood to Hoover after we heard about the bombing on the playground. We've watched our neighborhood become more and more violent since 2004, and my neighbors and I feel it is time for the Council to start doing something! On August 15, 2009 our neighborhood met to discuss the situation. Chief Hargadine was asked at that meeting about establishing a curfew, to which he replied that he'd prefer to have a juvenile delinquency ordinance because it allows judges to convict those picked up under such a law of parole violations, an action not permitted under a straight curfew. I'd therefore advocate for a juvenile delinquency ordinance that contains provisions: . to establish a 10 pm curfew . to place limitations on groups of loitering juveniles . to allow judges to act when confronted with juveniles who have violated their paroles . and, very importantly, to punish the parents of juveniles who break the ordinance I would also like to see more money spent on police presence in our neighborhood, including but not limited to an increase in the size of the police force, and to the establishment of a police substation in the Grantwood neighborhood area. Finally, my neighbors and I would like to see all new low income housing construction halted in Southeast Iowa City in favor of shifting any growth in such construction to other areas of the city. I would also like to see current low income housing reduced in Southeast Iowa City as new areas are developed elsewhere in Iowa City, such reduction to occur on a one-to-one basis (for every new low income unit developed elsewhere in IC, one low income unit would be eliminated from the Southeast IC area) until all low income housing within the Iowa City limits is approximately equally distributed among neighborhoods. Absolutely no neighborhood should be excluded from such a policy if it has any room for development. I'm sure I haven't thought of all the ways to eliminate this problem; please 'put on your thinking caps' and make the effort to clean up our neighborhood. My neighbors and I will help, if we are given the tools to do so. Please also see the article published in the August 25 Press-Citizen, now available at http://www,_press- citi:Len.co__.m/apps/__pbcs.dll/article...?AI_.D.=/20090825/OPINIONOS/908250301,.,. 8/31 /2009 Page 1 of 2 Marian Karr From: Kathryn Johansen Sent: Monday, August 31, 2009 1:54 PM To: 'Hanevill@aol.com' Cc: "City Council Subject: RE: GRANTWOOD NEIGHBORHOOD 08/17/09 Dear Jane: Thank you for your email to the City Council regarding public safety issues relating to the Southeast Iowa City area. Some Council members do not receive their email messages directly. Your message will be forwarded to the Council and will be accepted as official correspondence as part of the consent agenda for an upcoming formal Council meeting. If you wish to contact any Council members directly, go to www.icgov.c~rg and, under "C" in the alpha index, click on City Council for contact information. In response to the incidents of violence that have occurred, the Iowa City police department has assigned additional investigators and patrol coverage to the SE Iowa City area with the twofold purpose of both preventing further violence and identifying and apprehending the person(s) responsible in the shooting incident. That effort continues. The Police Department is working with, and receiving assistance from, nearby law enforcement agencies as well. This will help us maintain police protection in other areas as we focus more resources to S.E. Iowa City as needed. On September 10, 2009, at 5:30 PM Council will hold a special work session to discuss the possibility of enacting a curfew and/or adoption of a delinquent behavior ordinance. This work session will be held at City Hall and is open to the public. We remain committed to dedicating the efforts of other City offices as well, and to working with neighborhood residents in addressing the underlying issues that give rise to incidents like this. I believe there are very positive results that have come from the cooperative efforts that have followed the recent violence, many of which are ongoing. Hopefully that can continue and we can build on those efforts. I realize that this response may not specifically address all of your expressed concerns. Be assured that efforts to ensure the safety of all citizens in the Southeast Iowa City area will continue. Council members have assured me that they support the allocation of all resources needed for the police and other City offices to effectively address this matter. Thank you for your input and for expressing your obvious concerns. Sincerely, Dale Helling, Interim City Manager From: Hanevill@aol.com [mailto:Hanevill@aol.com] Sent: Monday, August 17, 2009 9:35 PM To: Council Subject: GRANTWOOD NEIGHBORHOOD 08/17/09 I was the vice president and my sister was the president of the Grantwood Neighborhood Till she moved and then 8/31 /2009 Page 2 of 2 I was the President and I still live here. This was in about 1991 till about 2007. I have seen this neighborhood go from bad to good and now back to real bad. I am sick of it and Both Mary Lewis and I told the City council back then, no more we can not take it, you are putting to many low incomes on one side of town and it is going to get bad. We were known a the NIMBY'S. Well I think it is about time for you all to do something about it, after all the city did it. We told you, you had to be more diverse. Now I am not saying all low income is bad but I saw the so called Mothers Day Riot in fact it was in front of my house. It was baseball bats then and now it is guns. What are we waiting for drive by's or someone to be killed! It is time to start cracking down. FIRST STOP putting all or most of the low income on this side of town. This would include Sec. 8 Low housing and Habitat housing. Second and this is very important make the parents take responsibility for their kids. Start a curfew and enforce it, make the parents reasonable for what the kids do. If they are out after curfew then have the police pick them up take them home and the next time a fine and the third time they are out of housing. No if and or butts. I know when I was growing up we were not allowed to get into trouble and if you did you had to pay. I think if more of the parents were responsible for what their kids do then this would not be such a big problem. The City has got to get tough, or we can all hang it up. Also there should be more inspection on the city housing, and the same thing there 3 strikes your out. You can tell the ones that take care of the property and the ones that just don't care just by driving by. I know they thought the kids need more to do well this maybe true but the ones that are causing the problems do not want constructive things to do that does not make them happy. Yes it may take some time but it has to start NOW!! My son and his wife and my 2 Grandchildren live just 2 door up the street from me and there is one house between us and yes I am worried if they go out side to come to my house. I won't even let them walk to and from school and my kids did from first grade on. This just is not right and you are the only ones who can do something about it! Don't be sitting on your thumbs, we need help and we need it NOW before it does get worse. You can call me I do work from 8-5 M-F or send me an email but I would like to hear back from you on this. THANK YOU Jane Klitzka 2305 Hollywood Blvd Iowa City, la 52240 319-337-4027 8/31 /2009 Page 1 of 2 Marian Karr From: Kathryn Johansen Sent: Monday, August 31, 2009 2:02 PM To: 'icpjv@aol.com' Cc: "City Council Subject: RE: Enforce the Current Laws Dear Patty: Thank you for your email to the City Council regarding public safety issues relating to the Southeast Iowa City area. Some Council members do not receive their email messages directly. Your message will be forwarded to the Council and will be accepted as official correspondence as part of the consent agenda for an upcoming formal Council meeting. If you wish to contact any Council members directly, go to ~~~. t. ~~~~~ -ic~;o~~q~-g and, under "C" in the alpha index, click on City Council for contact information. In response to the incidents of violence that have occurred, the Iowa City police department has assigned additional investigators and patrol coverage to the SE Iowa City area with the twofold purpose of both preventing further violence and identifying and apprehending the person(s) responsible in the shooting incident. That effort continues. The Police Department is working with, and receiving assistance from, nearby law enforcement agencies as well. This will help us maintain police protection in other areas as we focus more resources to S.E. Iowa City as needed. On September 10, 2009, at 5:30 PM Council will hold a special work session to discuss the possibility of enacting a curfew and/or adoption of a delinquent behavior ordinance. This work session will be held at City Hall and is open to the public. We remain committed to dedicating the efforts of other City offices as well, and to working with neighborhood residents in addressing the underlying issues that give rise to incidents like this. I believe there are very positive results that have come from the cooperative efforts that have followed the recent violence, many of which are ongoing. Hopefully that can continue and we can build on those efforts. I realize that this response may not specifically address all of your expressed concerns. Be assured that efforts to ensure the safety of all citizens in the Southeast Iowa City area will continue. Council members have assured me that they support the allocation of all resources needed for the police and other City offices to effectively address this matter. Thank you for your input and for expressing your obvious concerns. Sincerely, Dale Helling, Interim City Manager From: icpjv@aol.com [mailto:icpjv@aol.com] Sent: Friday, August 21, 2009 6:18 PM To: Council Subject: Enforce the Current Laws 8/31 /2009 Page 2 of 2 Dear Council Members, Now is the time to show that you really want to clean up this city and make it safe. The recent arrests of several juveniles, living in city housing, is the pefect opportunity for you to show thagt you mean business. GET RID OF THESE PEOPLE!! Take away their housing, send them packing. The laws/regulations are on the book. ENFORCE THEM! There is a new police officer....maybe you should of hired a housing enforcer then another officer may not be needed. Open up the housing to someone who needs it and will obey the law. The housing department may be in charge of doing this but they need your full support and your mandate to clear out the trouble makers. Show no mercy, take no excuses, and live up to your responsibilties to the tax paying citizens of Iowa City. Don't talk this to death, debate it, talk all around it (you're great at that), or bury your heads in the sand (something you are great at too)! I want to be proud of my city but I can't with they way things are now. Patty Villhauer 8/31/2009 TO: Mayor & Iowa City Council members FROM: Cindy Roberts, Iowa City resident DATE: September 1, 2009 As I finished putting reminders on my calendar of upcoming City Council meetings, I decided to send a snail mail copy of an a-mail I sent to all of you on August 18. Iowa City residents are watching closely online, in the news, and by attending our council meetings to see what action is taken that truly helps our neighborhood. Cindy Roberts From: Roberts, Cindy Sent: Tuesday, August 18, 2009 11:01 PM To: 'council@iowa-city.org' Subject: message from Cindy Roberts--follow-up to 8/18 IC Council mtg TO: Regenia Bailey, Mike O'Donnell, Connie Champion, Amy Correia, Matt Hayek, Ross Wilburn, After attending the August 18 city council meeting, I felt compelled to send the following message... I've resided in the same house in southeast Iowa City for- over 20 years. My children attended Grantwood School, SE Junior High, and City. We chose this neighborhood tong ago because we wanted to five in a real neighborhood that reflects what the world is-diverse in a variety of ways. Atypical homogenous neighborhood is not where we wanted our children to grow-up. I love this neighborhood and am committed to staying. If you are someone who has never even driven around our neighborhood---you need to do so. It's a wonderful mix of young families to retired individuals and everything in between. Our school is a true neighborhood school that is a focal point for our community. Neighbors know neighbors and watch out for each other. It is a special place-even though you never hear those facts reflected in the news reports. Of course, I am very concerned about how parts of our neighborhood have changed over the years and especially the events during the last several months. Listen carefully to what people in our neighborhood are sharing with you. Part of the frustration you hear is the fact that concerns and questions have been raised many times over the years-seemingly to be ignored and/or deemed not a big enough problem. Well-- -we now. have some big problems that can not be ignored. Situations such as this always require amulti-pronged approach from our council, police department, parents, and neighbors watching out for neighbors. Partly we're experiencing is the result of extremely poor decisions made long ago about the placement of low-income housing. Partly we're experiencing the negative actions of a relatively small group of individuals that affects all of us in the neighborhood. Act promptly! You have many concerned southeast residents waiting to see what actiQD,our council will take. As stated in the meeting, this is NOT just a southeast Iowa City issue~~~~his is an Iowa City community issue. _; ,~ Thank you for your time, ~ ~ -y T;... Cindy Roberts ~ ~+'~ =° Iowa City Resident C3 .;~. 2034 Grantwood Street -= ,~° Cindy-rberts@uiowa.edu ~ ~ ~i ~~l '' Page 1 of 2 Marian Karr From: Kathryn Johansen Sent: Monday, August 31, 2009 2:52 PM To: 'cndy-roberts@uiowa.edu' Cc: ''City Council Subject: RE: message from Cindy Roberts--follow-up to 8/18 mtg Dear Cindy: Thank you for your email to the City Council regarding public safety issues relating to the Southeast Iowa City area. Some Council members do not receive their email messages directly. Your message will be forwarded to the Council and will be accepted as official correspondence as part of the consent agenda for an upcoming formal Council meeting. If you wish to contact any Council members directly, go to www.icgovorg and, under "C" in the alpha index, click on City Council for contact information. In response to the incidents of violence that have occurred, the Iowa City police department has assigned additional investigators and patrol coverage to the SE Iowa City area with the twofold purpose of both preventing further violence and identifying and apprehending the person(s) responsible in the shooting incident. That effort continues. The Police Department is working with, and receiving assistance from, nearby law enforcement agencies as well. This will help us maintain police protection in other areas as we focus more resources to S.E. Iowa City as needed. On September 10, 2009, at 5:30 PM Council will hold a special work session to discuss the possibility of enacting a curfew and/or adoption of a delinquent behavior ordinance. This work session will be held at City Hall and is open to the public. We remain committed to dedicating the efforts of other City offices as well, and to working with neighborhood residents in addressing the underlying issues that give rise to incidents like this. I believe there are very positive results that have come from the cooperative efforts that have followed the recent violence, many of which are ongoing. Hopefully that can continue and we can build on those efforts. I realize that this response may not specifically address all of your expressed concerns. Be assured that efforts to ensure the safety of all citizens in the Southeast Iowa City area will continue. Council members have assured me that they support the allocation of all resources needed for the police and other City offices to effectively address this matter. Thank you for your input and for expressing your obvious concerns. Sincerely, Dale Helling, Interim City Manager From: Roberts, Cindy Sent: Tuesday, August 18, 2009 11:01 PM To: 'council@iowa-city.org' Subject: message from Cindy Roberts--follow-up to 8/18 mtg TO: Regenia Bailey, Mike O'Donnell, Connie Champion, Amy Correia, Matt Hayek, Ross 8/31 /2009 Page 2 of 2 Wilburn, After attending the August 18 city council meeting, I felt compelled to send the following message... I've resided in the same house in southeast Iowa City for over 20 years. My children attended Grantwood School, SE Junior High, and City. We chose this neighborhood long ago because we wanted to live in a real neighborhood that reflects what the world is-diverse in a variety of ways. A typical homogenous neighborhood is not where we wanted our children to grow up. I love this neighborhood and am committed to staying in this neighborhood. If you are someone who has never even driven around our neighborhood---you need to do so. It's a wonderful mix of young families to retired individuals and everything in between. Our school is a true neighborhood school that is a focal point for our community. Neighbors know neighbors and watch out for each other. It is a special place -even though you never hear about those facts reflected in the news reports. Of course, I am very concerned about how parts of our neighborhood have changed over the years and especially the events during the last several months. Listen carefully to what people in our neighborhood are sharing with you. Part of the frustration you hear is the fact that concerns and questions have been raised many times over the years- seemingly to be ignored and/or deemed not a big enough problem. Well---we now have some big problems that can not be ignored. Situations such as this always require amulti-pronged approach from our council, police department, parents, and neighbors watching out for neighbors. Partly we're experiencing is the result of extremely poor decisions made long ago about the placement of low-income housing. Partly we're experiencing the negative actions of a relatively small group of individuals that affects all of us in the neighborhood. Act promptly! You have many concerned southeast residents waiting to see what you action our council will take. As stated in the meeting, this is NOT just a southeast Iowa City issue--this is an Iowa City community issue. Thank you for your time, Cindy Roberts Iowa City Resident 2034 Grantwood Street Cindy-roberts@uiowa.edu 8/31/2009 Page 1 of 2 Marian Karr From: Kathryn Johansen Sent: Monday, August 31, 2009 2:03 PM To: 'James Mims' Cc: "City Council Subject: RE: Dear James: Thank you for your email to the City Council regarding public safety issues relating to the Southeast Iowa City area. Some Council members do not receive their email messages directly. Your message will be forwarded to the Council and will be accepted as official correspondence as part of the consent agenda for an upcoming formal Council meeting. If you wish to contact any Council members directly, go to www.c~ov.org and, under "C" in the alpha index, click on City Council for contact information. In response to the incidents of violence that have occurred, the Iowa City police department has assigned additional investigators and patrol coverage to the SE Iowa City area with the twofold purpose of both preventing further violence and identifying and apprehending the person(s) responsible in the shooting incident. That effort continues. The Police Department is working with, and receiving assistance from, nearby law enforcement agencies as well. This will help us maintain police protection in other areas as we focus more resources to S.E. Iowa City as needed. On September 10, 2009, at 5:30 PM Council will hold a special work session to discuss the possibility of enacting a curfew and/or adoption of a delinquent behavior ordinance. This work session will be held at City Hall and is open to the public. We remain committed to dedicating the efforts of other City offices as well, and to working with neighborhood residents in addressing the underlying issues that give rise to incidents like this. I believe there are very positive results that have come from the cooperative efforts that have followed the recent violence, many of which are ongoing. Hopefully that can continue and we can build on those efforts. I realize that this response may not specifically address all of your expressed concerns. Be assured that efforts to ensure the safety of all citizens in the Southeast Iowa City area will continue. Council members have assured me that they support the allocation of all resources needed for the police and other City offices to effectively address this matter. Thank you for your input and for expressing your obvious concerns. Sincerely, Dale Helling, Interim City Manager From: James Mims [mailto:james.mims@hotmail.com] Sent: Friday, August 21, 2009 5:20 PM To: Council Subject: 8/31/2009 Page 2 of 2 Dear Council Members, It has recently come to my attention that you are considering a curfew in light of recent events on the southeast side of town. I just want it to be known that I have serious concerns about this and the so-called "delinquency" ordinance. I work in that area and know many of the youth there quite well and I do not think either of these things will be effective in deterring the unwanted activity, all I see is this legislation leading to more arrests and citations of minority juveniles. Negative reinforcement is not the answer. It is already illegal to shoot a gun in someone's neighborhood, a curfew would not deter this, it would only give law enforcement one more thing to charge a kid with. I hope you will take this in to consideration before you pass any more laws that will result in more minority kids getting more charges. Thanks You. James Mims Neighborhood Centers of Johnson County Broadway Center 2105 Broadway Street Iowa City, Iowa 319-354-7989 iames-mims@ncic.org mail to: P.O. Box 2491 Iowa City, IA 52244 With Windows Live, you can organize, edit, and share your photos. Click._._here_, 8/31/2009 Page 1 of 1 Marian Karr From: Kathryn Johansen Sent: Thursday, August 27, 2009 1:37 PM To: 'bob bob' Cc: `City Council Subject: RE: curfew Hello Sam, Thank you for your recent email communication to the City Council. Council members do not receive their emails directly. Your message will be forwarded to them and accepted as official correspondence at the next Council meeting. If you wish to speak with Council members directly, please visit our website at ~~,vr~.v.icgov,org. Click on the link to City Council and you will find names, phone numbers, and addresses of all seven Council members. Thank you again for writing. Sincerely, Kathi Johansen Administrative Assistant to the City Manager 319 356-5010 From: bob bob [mailto:sacaenfo@gmail.com] Sent: Thursday, August 27, 2009 1:13 PM To: Council Subject: curfew I'm Sam Forgy with the Little Hawk Student Newspaper at City High, I wanted to ask a few questions about the curfew that is being discussed currently. 1. What areas of the city will the curfew cover? 2. What age groups will be restricted by the curfew? 3. What times will the curfew cover? 4. What is the primary motivation for the possible curfew? 8/27/2009 Page 1 of 2 Marian Karr From: RussUPS@aol.com Sent: Monday, August 17, 2009 8:32 AM To: Council Subject: (no subject) What has happed to this town? I have lived here my whole life and for the first time I refuse to take my wife downtown after dark in fear of our welfare. This isn't due to the fear of college kids drinking but because of the gangs that now roam our streets. But due to the low income housing and the fact that some of the larger cities like Chicago are tearing down the project's. These people search out other places to live. Granted some are trying to better themselves but there are some who are here just to use the system or bring their past behavior with them and choose not to change. Let this be understood this isn't racial, I don't care if these people we are talking about are white, black, red, yellow or green. Bottom line WE HAVE A PROBLEM. I have know idea how much money this town receive's for accepting low income housing money but it seems to be taking this town in the wrong direction. All I hear is the word "diversity". Well this town has always had a diverse group of people in it. I worked for UPS for 26 years as a delivery driver and met all kinds of "diverse" people in that time. People of ALL NATIONALITIES which I think is the term of "diverse". This town has always been a place where people can and could express their OPEN thoughts and ideas without repercussion. I do believe years ago we confused the word diverse with the word handout. As a community we do welcome all who wish to live here and prosper. What I do have a problem with is with all of this low income housing that you the City Council have welcomed into this town. You bring in more people than we can support with jobs we have available in this area. We've always had a low unemployment rate here, then you accept all of these other "diverse" people under the HUD program. Then stick them in one area. How many of you City Council people have this housing next to you? We had a chance to land the Mall that is now in Coralville, we passed on the Casino that is in Riverside and NCS that is now in Cedar Rapids. We almost lost ACT due to the fire station issue and that may not be a done deal yet either. All we hear about is the drinking problem downtown and but at the same time you don't make it a 21 and only crowd. It's obvious it's all about making money for the general fund and shutting down some of these bars. When you do close some of these bars. What do you think will go in those empty spots? Here's my guess,,, NOTHING! We missed that boat years ago that's why we have nothing but bars down there now. This is a college town city council, and as much as you may not like the students they are here to stay. Don't try to make into something THAT YOU WANT! This town 20 years ago had none of these problems that you have created with your own idealistic wisdom. If you can't accept a college town for what it is and try to work with it or work with the people to implement a set of law's that are fair. Then you should step down instead of strong arming people and destroying it. If you want to curb this so called drinking problem then make the bars put in machines that scan the bar codes of to identify fake I.D.'S. If one is detected then it is immediately discarded in a locked down safe and that person isn't allowed into bar. The contents handed over to the police at nights end. If they do arrest people for under age drinking they should be made to clean up downtown Iowa City the next morning. My wife and I did go down Friday night for the first time and last this summer and it was dirty and full of bums (which is a problem in itself that the city council cares to ignore). Enforce it but don't make under age drinking a PRIORITY. There was a time in small town Iowa City that was the worst thing that happened here. But not anymore, thanks to the work of our city council of past and present. Now we have a whole new set of problems that came with the HUD housing and you turn your heads to it. Not only do we have a shortage of fire protection now we're short on police protection. I'm all for helping people and enforcing law's but let's try to use some common sense. I would really like to hear from any of our city council members. Feel free to call me. Russell Haught 351-5315 8/17/2009 Page 1 of 1 Marian Karr From: Laura Bergus [laura.bergus@gmail.com] Sent: Tuesday, August 18, 2009 6:50 PM To: Council Subject: Grant Wood neighborhood is safe I realize you probably won't read this before tonight's meeting. However, this afternoon my patience was stretched to the breaking point when I was playing with my 3 year-old daughter at Fairmeadows Park. There was a reporter and camera person from the local Fox affiliate, and the reporter's monologue said residents were upset about "recent shootings and violence" as well as "graffitti too profane to show you" (which, in fact, has been cleaned up and was not on the playground equipment at the time!). I grew up on Regal Lane. I lived downtown during college and during that time had my car broken into, my home vandalized, and neighbors who reported being threatened in their own homes. I now live on California Ave, just 2 blocks from the former Lakeside Apartments. I feel much safer here than I did when I lived downtown. I walk my dog at night and am not afraid of teenagers or kids who act like every group of teenagers or kids acts. Yes, there has been some graffitti. Yes, there is some cursing (I ride the Lakeside bus nearly every day), and yes, there was a report of gunshots recently. However, I believe these are isolated incidents. Residents are afraid of "those people" or "welfare cheats" (as I have black residents referred to in responses to online "news" coverage of this issue) -- this is racist and horribly disappointing for our community. The problems of violence, binge drinking, and vandalism in the downtown area are many, many times worse than anything going on here. I feel safe and am proud to call this neighborhood home. I will send my daughter to Grant Wood and know that she will meet people from all over the world, making her a more tolerant and well-rounded individual. Please know that the vocal neighbors are not the only neighbors on this topic. Thank you for your consideration. Laura and Nick Bergus 2231 California Avenue, Iowa City 8/19/2009 Page 1 of 1 Marian Karr From: Jacqueline Smetak [jsmetak@hotmail.com] Sent: Thursday, August 20, 2009 9:47 AM To: Council Subject: re: curfew, SE I am sending an a-mail to the City Council because i just received a threat via posts in response to the Press Citizen's coverage of events on the SE side. I wish to ask the City Council to review posts in response to recent coverage of reports of gunfire just north of 1948 Broadway. I wish the Council to pay particular attention to postings sent by a woman who identifies herself as "GermanShepardRocks". Her real name is Brandi Mastain. She lives on Whispering Prairie Avenue. This woman has been threatening me on line. I don't expect the Council to do anything about that. You do not have the authority. But I do think you should take into consideration her on-line behavior before you accept her as a spokesperson for the neighborhood or an accurate source of information or even a victim. She may be afraid--- although she's not taken any sensible precautions that I'm aware of---but fear does not necessarily mean that there's a real threat. I would also caution the Council against a curfew which can only be citywide. The people causing the most serious problems--for the entire city---are not children. A curfew would have no effect on them. But it would cause a great deal of resentment, much of it aimed at black children who would be seen as the perceived cause of this loss of freedom. These kids have enough to deal with without that as well. Thank you for your time and attention, Jacqueline R Smetak With Windows Live, you can organize, edit, and share your photos. Click here. 8/20/2009 Marian Karr From: jazb1O58@inabc.net Sent: Wednesday, August 19, 2009 2:11 PM To: Marian Karr Subject: RE: The proof that is out there So Sorry, In this world of email I assume it to be in the tracking.. Joyce Barker 2018 Waterfront Dr.#128 Iowa City, IA Thank you for your correspondence. Council has established a policy that > they do not accept correspondence that does not include the full name > of the sender. I am unable to distribute this correspondence without > that information. Please resubmit with a full name. > Marian Karr > City Clerk > -----Original Message----- > From: jazb1058@inabc.net [mailto:jazb1058C~inabc.net] > Sent: Wednesday, August 19, 2009 1:59 PM > To: Regenia Bailey; Amy Correia; Ross Wilburn; Council; Mike Wright; > Matt Hayek > Subject: The proof that is out there > For years we on the south side have been asked to prove if we know > people are coming from Chicago and causing problems in Iowa... > I have not believed it was ours to prove this fact when really all it > would take is for anyone to just pay attention to what has been going > on for many years on the south side and care that it was happening. > But if you want proof then here is the proof you ask for. > From the DEA website: > http://www.usdoj.gov/dea/pubs/state_factsheets/iowap.html > Chicago and California are primary source areas for cocaine coming > into eastern Iowa. Most of the crack cocaine in eastern Iowa is sold > by African-American traffickers, supplied by street gangs out of Chicago. > Defendant and witness interviews indicate that m any Chicago residents > have been displaced as a result of low income housing projects being > torn down, and have now settled in Iowa. This population shift has > provided Chicago-based gang members cover and protection for their > gang activities, including the trafficking of controlled substances > Factsheet last updated: 3/2009 And this is from 2008 factsheet last > updated: 3/2008 Chicago and California are primary source areas for > cocaine coming into eastern Iowa. Most of the crack cocaine in eastern > Iowa is sold by African-American traffickers, supplied by street gangs > out of Chicago. > Defendant and witness interviews indicate that many Chicago residents > have been displaced as a result of low income housing projects being > torn down, and have now settled in Iowa. This population shift has > provided Chicago-based gang members cover and protection for their > gang activities, including the trafficking of controlled substances. > Cocaine availability in the Des Moines area remains stable after past > increases. The Sioux City Resident Office has also seen a significant > increase in crack cocaine. > The > abuse is no longer limited to certain ethnic groups. The crack cocaine > is often arriving from the Chicago and Arkansas areas. Numerous > subjects with ties to Kansas City have been arrested in Sioux City, > but the void left by the arrests of those subjects has been quickly > and easily filled by subjects from Chicago and Arkansas. > This also was in last year's update: > DEA Mobile Enforcement Teams: This cooperative program with state and > local law enforcement counterparts was conceived in 1995 in response > to the overwhelming problem of drug-related violent crime in towns and > cities across the nation. Since the inception of the MET Program, 473 > deployments have been completed nationwide, resulting in 19,643 > arrests. Since the inception of the program, there has been one MET > deployment in the State of Iowa, in Ft. Dodge. (which yielded 18 > arrests) From the 2001 fact sheet: > Much of the cocaine HCl is converted into crack cocaine for sale at > the retail level. Street gangs control distribution in many of the > urban areas of Iowa. An increase in violence accompanies this gang > presence If you are interested, you can go here and look at the DEA > fugitives from the Chicago area > http://www.usdoj.gov/dea/fugitives/chicago/chi-list.htm > Here is the link for the most wanted from the St. Louis division, > which includes Iowa > http://www.usdoj.gov/dea/fugitives/stlouis/stl-list.htm > It was pointed out at the Aug. 19, 2009 open comment section of the > City council meeting, that it was stated by the city and by Habitat > for Humanity in 1996 that no more low income housing was to be built > on the south side as the saturation was already too great. > Since then more has come and yet as you are sitting there telling us > that it is spread around as per the scattered site housing info, I > look at the map in the cities own info. From the July 27, 2009 > Planner, issued by Iowa City Planning and Community Development > department they give a website. > www.icgov.org/newhomes > On this website there is a link for a pdf map of where these houses > are to be built. > 4 are going to the peninsula neighborhood, 9 are going east of Scott > Blvd between Washington and Court St., 9 are going west of Scott Blvd > just north of the railroad tracks, and a total of 18 are going in the > currently saturated area south of Hwy. 6. > Specifically, 6 west of Sycamore in the new Sand lake dev., 6 directly > in the adjacent neighborhood to Grant wood School, and 6 in the Aster > and Whispering prairie area. > This information was just approved by the city and put out there in > July and Aug. > Are you really taking us seriously with this information out there? > Because what is apparent is that you are telling us one thing and > doing another hoping we are not bright enough to catch it. 2 ~-~` ~ .~ August 19, 2009 Dear Mayor Bailey and City Councilors: I attended last night's council meeting to hear some of the concerns of my neighbors on the east side of Iowa City. I felt that I wanted to share with each of you some of my concerns and also my view about some of the solutions-that are being proposed. My perspectives come from living on the southeast side of Iowa City since 2000, first in the 1300 block of Sandusky Drive and now at 1201 Brookwood Drive, my twenty-three years as a DHS social worker and supervisor, and my twelve years as a school counselor, and my general life experience. On the last day of the last school year, there was an incident in my own yard when I was verbally assaulted by a trio ofpre-adolescent boys who did not take kindly to my asking them to not walk on our newly seeded yard that was being watered. We have always allowed children who were coming from the Taylor Drive neighborhood to cut through our yard on their way to Mark Twain school even though we cautioned them about the risks of coming across four lanes of traffic and tried to get them to use the crosswalk at the light on Broadway. I said nothing and just watched as they preceded spewing forth-foul language and noted they went to the school grounds. Thinking this was the end of an unpleasant encounter, I continued to work in my garden and yard. However, when they came back down the street, the self-appointed leader decided to continue to tell me how he would cut through my lawn anytime he wished and do anything he wished. This was followed by name-calling and vulgar comments. I simply said to him, "I hope you do not kiss your mother with that mouth." This led to threats and his attempting to approach me to see if I would flee. I did not. With continued threatening gestures and foul language, he led the group to Taylor Drive. Since that time, I never go out into my yard without my cell phone determined to call the police if I feel threatened again. I believe my husband Steve has talked to several of you about this incident, and I spoke to a police officer patrolling our street a few days later. In view of the other incidents in the neighborhoods south of the highway, my incident seems mild but is still disturbing because of several common elements. The children involved in many incidents are relatively young, groups of them seem to roam neighborhoods without any adult supervision or intervention, and their behavior begins by being disrespectful and then escalates to being verbally or physically threatening. Walking in the street or running out in traffic with the expectation that vehicles will stop or yield has become common. Yelling, throwing things and now shooting at passing vehicles has developed. A suggestion that I fence in my property is unacceptable. Having worked and lived in Muscatine for twenty-six years, I have experience with changing dynamics in a community that led to similar issues but also included gang violence, drug and alcohol issues, and parents who are unable to meet the challenges of dealing with defiant children and youth. In that community the f rst step in looking for solutions was to admit what the problems were-we had gangs and we had delinquent children and youth whose families needed help. The solutions were multi-faceted. An effective curfew was implemented. Police officers, juvenile court personnel and social workers were trained in dealing with gang related behavior. Education of educators, community organizers, church and civic leaders brought forth resources to offer families support and counseling. A group of parents developed a Parent Network through the schools where we pledged to deal with drug and alcohol abuse and provide supervision for any activities that our kids were involved in. Kids knew parents were going to check with other parents about their plans. I want to support a curfew. It does not harm responsible youth; it gives them limits and allows for work and school activities to be built in. Violations have consequences for the child and the parent but there is also a service component to help that parent or parents be more effective if their child refuses to respond to discipline. I hope that the broader community will also step up and we will see something like the Parent Network develop thought the PTO's. Schools need support to deal with disrespect to staff , members. ~ ; At this point in time, I would urge the council to move quickly is i~eve~p the curfew structure and delinquency ordinance. There are many ar~a° ,.,,~ ..~ communities that can offer suggestions. ~ ~~~~ Y-~ ~:v ~.~ For me the events of recent months have left me very sad. My ~ . ~ '~ professional and personal life has always revolved around the need' -- children and that won't change. However, I will not put myself, or ~y ~. family at risk without speaking up and asking for change. My yard--it is just grass and is not a big concern. My community and the safety of everyone's children is what are vitally important. --.. ~_ ~~ `~ The following correspondence was distributed at the special work session on September 10 ~oJ ~/ ~~ Marian Karr From: Kathryn Johansen Sent: Friday, September 04, 2009 11:40 AM To: 'rodsullivan@mchsi.com' Cc: *City Council Subject: FW: Reply? Dear Rod: Thank you for your email. Your letter dated August 17, 2009 was forwarded to the City Council and accepted as official correspondence on the August 18, 2009 consent agenda. If you wish to contact Council members directly, please go to www.icgov.org and, under "C" in the alpha index, click on City Council for contact information. On September 10, 2009, at 5:30 p.m., Council will hold a special work session to discuss the possibility of enacting a curfew and/or adoption of a delinquent behavior ordinance. This work session will be held at City Hall and is open to the public. Thank you again for writing. Sincerely, Kathi Johansen Administrative Assistant to the City. Manager 319 356-5010 -----Original Message----- From: Rod Sullivan [mailto:rodsullivan@mchsi.com] Sent: Friday, September 04, 2009 10:58 AM To: Council Subject: Reply? I have sent at least two E-mails to the Council recently. Will anyone be acknowledging the receipt of these E-mails? Will anyone. be responding in any way? Do I need to specifically request a response? (Just in case, I would like to formally request a response to this E-mail.) Sincerely, Rod Sullivan 2326 E. Court St. Iowa City, IA 52245 319-354-7199 This correspondence will become a public record. 1 Page 1 of 1 Marian Karr From: the3rdiowa@mchsi.com Sent: Friday, September 04, 2009 12:50 PM To: Council Subject: City Curfew and Nuisance Ordinances Council members, As a neighborhood leader myself, I know that public safety is key for neighborhood stability and cohesiveness. However, integral to the cohesiveness of a neighborhood is the ability for neighbors to communicate with one another, to problem-solve, and for multiple solutions to be tried before implementation of ordinances which may have dramatic unintended consequences both in the afflicted community, but the city at large. I did attend the neighborhood meeting at Fair Meadows when four of the council members, Chief Hargadine, acting City Manager Helling, and other city staff were in attendance and was struck by the absence of renters at the meeting (and this is true of many neighborhood associations). Without meaning to, an "us" and "them" situation occurred. Clearly the neighbors who were there were upset about the events in their neighborhood and had a need to communicate and vent those concerns. But in the vacuum of hearing one side of the story, it is hard to know what the best course of action may be. Said differently, the squeaky wheel may get the grease, but you still need all the wheels to get where you are going. Tools to increase the perception of public safety can be noble, and in the absence of understanding and cooperation, seemingly the best course of action. However, given that Iowa City is changing and will likely continue to change, I wonder what are other solutions? For instance, has a Neighborhood Watch program been tried? Have neighbors/neighborhood leaders met the parents and kids that are living in rental housing? Has the city considered bringing a conflict mediator/consultant to work with the neighborhood to develop agreeable creative solutions? All of these are much more cost-effective measures and may bear the same outcome as adding an ordinance which is still reliant on the ICPD to enforce. Despite people desiring safety, city law enforcement has limitations to its efficacy (particularly with competing needs of the city's budget). I hope that the City Council will see additional laws in the context of a larger community need to learn about our new neighbors and welcome them in becoming positive contributors to our neighborhoods. Garry Klein 628 2nd Ave. Iowa City, IA 52245 9/4/2009 Page 1 of 2 Marian Karr From: Kathryn Johansen Sent: Wednesday, September 09, 2009 8:16 AM To: 'li-hsien-lin@uiowa.edu' Cc: 'City Council Subject: RE: Please do something Dear Li-Hsien: Thank you for your email to the City Council regarding public safety issues relating to the Southeast Iowa City area. Some Council members do not receive their email messages directly. Your message will be forwarded to the Council and will be accepted as official correspondence as part of the consent agenda for an upcoming formal Council meeting. If you wish to contact any Council members directly, go to w:ww.cgov__org and, under "C" in the alpha index, click on City Council for contact information. In response to the incidents of violence that have occurred, the Iowa City police department has assigned additional investigators and patrol coverage to the SE Iowa City area with the twofold purpose of both preventing further violence and identifying and apprehending the person(s) responsible in the shooting incident. That effort continues. The Police Department is working with, and receiving assistance from, nearby law enforcement agencies as well. This will help us maintain police protection in other areas as we focus more resources to S.E. Iowa City as needed. On September 10, 2009, at 5:30 PM Council will hold a special work session to discuss the possibility of enacting a curfew and/or adoption of a delinquent behavior ordinance. This work session will be held at City Hall and is open to the public. We remain committed to dedicating the efforts of other City offices as well, and to working with neighborhood residents in addressing the underlying issues that give rise to incidents like this. I believe there are very positive results that have come from the cooperative efforts that have followed the recent violence, many of which are ongoing. Hopefully that can continue and we can build on those efforts. I realize that this response may not specifically address all of your expressed concerns. Be assured that efforts to ensure the safety of all citizens in the Southeast Iowa City area will continue. Council members have assured me that they support the allocation of all resources needed for the police and other City offices to effectively address this matter. Thank you for your input and for expressing your obvious concerns. Sincerely, Dale Helling, Interim City Manager From: Lin, Li-Hsien [mailto:li-hsien-lin@uiowa.edu] Sent: Friday, September 04, 2009 2:02 PM To: Council Subject: Please do something Council members of Iowa City, 9/9/2009 Page 2 of 2 I and my family live in southeast area of Iowa City for more than 15 years. It's heartbreaking to see our neighborhood going down hill over the years to the present stage. Please, do something. Please pass a tougher curfew law. Please stop the crime. Please give us back our peace and quiet. Li-Hsien Lin 9/9/2009 Page 1 of 2 Marian Karr From: Karina Smith [karinalyn_smith@hotmail.com] Sent: Friday, September 04, 2009 10:17 PM To: Council Subject: Crime in Iowa City September 4, 2009 Dear City Council: After attending the last Iowa City Council meeting and reading the many letters sent to you about crime on the SE side, I want to add my voice to those urging you to act. I do not live on the SE side and am not directly affected on a daily basis by what is happening. However, we have had a mugging by four juveniles outside the nearby elementary school and the bank down the street was just recently robbed. If left unchecked, I have no doubt that this crime will spread throughout the rest of Iowa City, and it already affects the schools where my children will attend. Therefore, I support those on the SE side as a member of the Iowa City community. I am the 5~' generation of my family from Iowa City. I am a mother, professional, homeowner, volunteer, and graduate student, so I have much invested in this town. I love Iowa City as much as anyone, but I will not sacrifice my family's safety and wellbeing. The reality is, if Iowa City can no longer offer people a safe place to raise a family, work, or go to school, then its attractiveness is much diminished, and many people will either leave or not come here in the first place. All the lovely dog parks and walking trails won't matter anymore, because they will be empty. It has been strongly suggested by citizens that the majority of the recent crimes being committed are by people in subsidized housing, or by unauthorized family and friends. The daily police arrest and activity logs tell us one story, but our leaders tell us another. What is the truth? I have yet to hear any of our city officials, except Chief Sam Hargadine, address this issue publicly employing anything other than rhetoric. The burden of proof is on you to address this issue openly and honestly and to show that there is no relation between an increase in subsidized housing in Iowa City and the increase in crime: Otherwise, we are never going to move past this. Although the curfew and JD ordinance are a good start, these two actions alone will not solve this problem. There are much deeper underlying causes that must also be addressed, not limited to serious flaws in the subsidized housing program administration and an insufficient number of police officers. I disagree with the suggestion of scattering the subsidized housing to other areas of town. There needs to be a complete moratorium on ALL additional subsidized housing until Iowa City can effectively administer the housing program already in place. Adding subsidized housing to other areas of town will only spread the problem, and the SE side is already saturated. It is the city's responsibility to ensure that screening and enforcement standards are met as required by HUD and to use the leeway that HUD gives you to address local problems. If you cannot ensure the safety and well being of people in the program, some who have come here to escape just such noise, violence and crime and who were promised something better, as well as the community in which you have placed the housing, then it is negligent to accept federal dollars for this. It seems that there are those on the city council who do not like the "tone" of some of the citizen's correspondence. When people are trying to tell you that they don't feel safe in their own town, and they can't sleep through the night because of noise and fear, the tone of people's correspondence is irrelevant. Your own handbook states that you are responsible to all of the people and have been elected to make decisions which are in the best interest of the public welfare, which necessitates actively listening to and adequately investigating citizen's concerns, whether or not you agree with them. 9/6/2009 Page 2 of 2 You said that you are taking this seriously and are truly concerned. What troubles me is that it took a leader like Brandi Mastain and other citizens to force the issue before this became a priority for you. I and others have contacted you numerous times about this issue in the past. It appears that you have done very little to help these people and so in desperation they have organized something themselves. Hearing what Mrs. Mastain and others have endured is very disturbing. It should never have come to this. We did not have these problems ten years ago, and I am frustrated that our leaders, past and present, have allowed this situation to develop. This is a college town, and we have always had college town problems, which are enough to deal with themselves. It is not the council's prerogative to completely remake this city in its own vision, through forced city planning unsupported by the citizens who elected you. I hope now that you are aware of how many people this has affected and how overwhelming it has become, you will take action that is effective and sustained. I implore you to listen to the people and act before it is too late. The citizens of this town are paying attention and will not allow this issue to be ignored any longer. Karina Smith Iowa City resident With Windows Live, you can organize, edit, and share your photos. Click here. 9/6/2009 Page 1 of 1 Marian Karr From: WALKSCREEN@aol.com Sent: Thursday, September 10, 2009 8:29 AM To: Council Subject: re: curfew and loitering and standing ordinance Members of the City Council The proposed curfew along with the loitering and standing ordinance needs to be passed. If the city leaders would not muddy the water by saying it isn't the answer and give it a chance it might actually work. If the claim "it is poverty and not government assisted housing". I ask the questions who lives in the assisted housing? It is not the two income families that are making $80,000-$100,00. Many of the people in this housing are single income families. Where is the government assisted housing? You will find many of the houses on the southeast side of Iowa City. Developers can buy lots at much lower price than the asking price in other parts of the city. If the issue is "it might not be a safe place". Who better can help establish what the problem is other than a police officer or a juvenile officer? Are curfews and an ordinance against loitering going to be easy to enforce. No, but it is definitely a start in addressing some issues that have been overlooked for several years. Maybe it will help open eyes regarding the regulations of the housing issues. The curfew is not just for the southeast side it is for the entire city of Iowa City. Curfews are not always bad things and can be very effective in helping to raise children. I thank you for the time and effort that you have all put into helping to come up with ideas for a crutch in dealing with the problems that involve everyone in Iowa City. Sincerely, Lorraine J Bailey 9/10/2009 r ,. u ~ ~ r t i l t t J ~ r ~ ~ ~~ ~ t r + J J ~~©® t ~ ~ ~ , , ` i' ~ ~'~ + `/~ ~ J 1 ~ .~~ ~ /~ _]a ~S ~+u. ..~~ ,~ c ~.~~- MW.. f~„g ~_~ s ._ ~~ Dear Press Citizen, I feel that the curfew times are reasonable because I feel, as a 12 year old, I shouldn't be wondering off someplace after lOpm, especially if it's somewhere as crazy as downtown on a Friday night when everyone wants to go out and have fun. I think that some high school and junior high kids won't agree with the new curfews because they will probably feel like they need to stay up and hang around with the older kids until tam or later. if kids were to hang around with kids their age apposed to kids older than them, you most likely be more aware of when your curfew is, other than if you were to hang out with older kids and feel like you don't need a curfew. Even so I feel it is fair to have certain curfews. If a police man was to stop a few kids after curfew and want to know their age, I think that police men should ask the kids their name, age, and information. But if they are not being honest, they should take them to a police station until they figure out their information and call their parents to take them home. Sincerely, A concerned 12 year old Southeast side ~~~/~ r4~d~1 a~~ ~- l~(a1 ~ ~ 5 © _ ~~ ~- ~ ~~ _ ~~ ~ ~, a~ D to City of Iowa City -News & Headlines Back to News Releases IP3 «« iBack to Site News Releases Originally posted on Wednesday, September 02, 2009 at 9:45:55 AM APPLICATIONS FOR I-JOBS STIMULUS FUNDING SUCCESSFUL City of Iowa City representatives attended the I-JOBS Board of Directors meeting in Waterloo on Monday, August 31, 2009, and received positive news of funds awarded for several Iowa City projects. The Board took formal action at that meeting to allocate the $118.5 million competitive-grant portion of the program. A total of 58 local initiatives in 33 Iowa counties were funded. All of the City's applications to the I-JOBS stimulus program received funding as follows: • Fire Station #4 -Funding of $2,268,867 was received to defray a total construction cost of $4,537,734. The City has also applied for Federal stimulus funding to cover the remaining costs of this project. Groundbreaking should occur in October. • Wastewater Treatment Plant Project -The plan to remove the 1930's sewer plant in the floodplain and transfer operations out of the floodplain to the newer South Wastewater Plant received funds in the amount of $3,495,293. There also is an opportunity to bring the total award to approximately $10 million if additional I- JOBS funding becomes available. The entire project cost is approximately $63 million. City staff has also applied for CDBG Supplemental Disaster grants and to the Economic Development Administration for additional funding for this project. Design work should be completed next year with construction occurring in 2011. • UniverCity - in a separate pool of I-JOBS funds directed to affordable housing, $1 million was awarded on August 28 to purchase 20 single-family homes near the University of Iowa campus. Known as UniverCity, this program will offer low-interest home preservation loans and financial incentives to encourage single-family homeownership near the campus. This program is a cooperative effort between the City and the University of Iowa. The Culver/Judge I-JOBS program will invest a total of $830 million over the next two years to create and retain jobs, strengthen the economy, recover from last year's natural disasters, and improve Iowa's infrastructure. The funds will be used to upgrade Iowa's roads and bridges, invest in renewable energy projects, improve water quality, and upgrade public facilities. Mayor Regenia Bailey, Interim City Manager Dale Helling, Planning Director Jeff Davidson, and Public Works Director Rick Fosse attended Monday's meeting. After the meeting, Mayor Bailey stated that "We're appreciative of the Governor and the legislature for their support of this innovative program for flood recovery and economic stimulus and we are delighted to have received this funding. The credit for our success in securing this funding goes to City staff, particularly our flood recovery staff, who navigated us through the details of this new program." Originating Department: Community Dev. Contact Person: David Purdv Contact Phone: (319) 356-5489 Back to News Releases http://www.icgov.org/default/apps/GEN/news.asp?newsID=5586&page=l&output=print 9/2/2009 ~ r _~- ,~~,~ ~; ='~ ~ ~ CITY OF IOWA CITY IP4 MEMORANDUM Date: September 2, 2009 To: City Manager, City Council From: Iowa City Airport Commission/Staff Re: Airport Re-opening The contractor responsible for the reconstruction work is currently finishing up the runway intersection phase of the construction project that has had the airport closed to aircraft traffic since August 3. We are anticipating the re-opening of Runway 12-30 for daytime traffic only beginning Sunday September 6th. As the electrical work is completed the runway daytime restrictions will be removed to allow the 24 hour use of the runway. Runway 7-25 will continue to be closed as the final phase of the reconstruction is completed and is projected to be reopened during the first week of November. A ceremony to celebrate the completion of the project will be held at a later date and further information will be sent out when the planning is completed. IP5 Dale Helling From: City of Iowa City [web@iowa-city.org] Sent: Wednesday, September 02, 2009 10:17 AM To: Dale Helling Subject: Credit Cards are now accepted at all City of Iowa City Parking Ramps Release As part of our ongoing parking systems upgrade project, the Iowa City Transportation Services Department is now accepting Visa and MasterCard credit or debit cards at every exit lane at the Tower Place, Dubuque Street and Capitol Street Parking Ramps as payment for ramp parking fees. As an added convenience, customers can also use our newly installed Credit Card Only automated lanes at each parking ramp. These improvements will speed up payment processing and reduce customer wait time to exit the ramp. Please contact the Iowa City Transportation Services Department at 356-5151 or visit us on the web at www,icgov,_org for more information. Thank you. Do not reply directly to this a-mail! It is produced from an automated system, and is not monitored for replies. If you have a question or comment about this information, please contact the originating department of this message, or by using our feedback form. For technical questions regarding the website, please contact our web team. • Unsubscribe_oredit~ur_s.ubscri tiondetails. • Visit our jobs~age for employment opportunities •View more ne..ws from the Cif of lowa._Ci~. 9/2/2009 Credit Cards are now accepted at all City of Iowa contact: curt Brenton City Parking Ramps Contact Phone: (319) 356-5151 Posted by: Parking Mailing List(s): General City News - Iowa City Parking Customer Alerts Originally Posted 9/2/2009 10:16:28 AM 09-03-09 ~ r IP6 ~t~ ~. August 31, 2009 Re: CDBG Buyout Update Dear Property Owner: -~a.at~_ ---~ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX w~vw.icgov.org The City submitted its application for Community Development Block Grant (CDBG) funding for the purchase of substantially damaged flood-impacted properties that do not meet the criteria for the HMGP (FEMA) buyout. Out of the 71 statement of interest surveys sent out to property owners in the Parkview Terrace neighborhood, 59 were returned to the City. Out of the 59 responses, 42 property owners are interested in pursuing a buyout and 17 are not interested in a buyout. Inclusion in this application does not obligate a property owner to a buyout and you may back out anytime prior to closing on the property. We anticipate a response to the CDBG buyout grant application by the end of September 2009. Additional Jumpstart funding has recently been awarded to the City of Iowa City. For property owners that are interested in pursuing a buyout, you may be eligible for down payment assistance to help with the purchase of a new home in Iowa City or for up to 12 months in interim mortgage assistance. Interim mortgage assistance includes mortgage payments, liability tax premiums, flood insurance premiums, property tax payments, real estate purchase contract payments, or special assessments. Each homeowner may receive a grant for a maximum of $12,000 and it will not be subtracted out of your buyout offer price. For those that are not interested in pursuing a buyout, housing repair and rehabilitation assistance is also available, as well as down payment assistance, for households that qualify. Households that have previously applied for Jumpstart do not need to apply again. New applicants can download the Jumpstart application online at: www.icaov.org/iumpstart. Keep in mind, the CDBG buyout is a voluntary program. All interested applicants can choose to back out of the program at anytime prior to closing on the property. If you have questions or need more information, please feel free to contact me at 319-356-5479 or doug-ongie@iowa-city.org. Sincerely, ~~ ~ ~--_ Doug Ongie Community Development Planner CC: City Council Dale E. Helling, Interim City Manager Jeff Davidson, Director of Planning and Community Development Rick Fosse, Director of Public Works IP7 ~- ~ ~- ~~ G~ ~~ .~. U '. ~, r .., ~ a ~ , i ti e~~~ ~ ~' ~" ~ ETC Bar Underage Alcohol Incident Reduction Plan' g/2~/2009 * Owner George Etre provided the plan to Sgt. Kelsay and City Council SUMMARY Etc. has realized the importance of reducing underage drinking and we are committed to doing everything in our collective power to put an end to underage drinking in our establishment. There are many improvements we can try to implement and we believe that these efforts, along with our continued cooperation with the Iowa City police department, well greatly help reduce and hopefully eliminate any underage alcohol incidents. STEPS The front door is the first and one of the most important barriers to set up against underage drinking. We believe that training and staffing at the door position will greatly reduce incidents. Some of the steps that we believe ,..,~ that we can take are the following: p ~:: FALSE AGE IDENTIFICATION/ FAKE IDs ~"' -°~ `•-ca ~ a~ One of the biggest problems is fake ID's. This problem seems to be increasing bec~~ise of such e access to technologically sophisticated fake IDs or fraudulent IDs that often make detectiar~.~hall~ging~`ot impossible. In order to help put a stop to this we are willing to buy state-of-the-art handd ID ~rifiers and train staff in the use of this technology that can help detect fake IDs. While this technolog~jr will n~detect all improper identification, we believe it will greatly help reduce the amount of fraudulent IDs being used. The most important factor is building a proper identification training program which we would like to create with the help of the Iowa City police department. We would like to request that the ICPD meet with and educate door staff on identifying any falsified or altered IDs. We believe that training with the ICPD will not only give our staff firsthand knowledge but also the confidence to be able to detect and prevent such criminal activity. PROPER IDENTIFICATION OF MINORS All patrons both legal and underage will be clearly marked upon entering the bar. All legal customers will be identified with a legal wristband and all minors will be properly identified on their left hand with BOTH a brightly colored minor wristband and a permanent marker "X" on their left hand. Any customer found not to be identified with either a legal or minor wristband will be immediately removed. We believe that our zero tolerance identification system will help prevent minors from removing their underage markings. Every customer inside of ETC will be clearly identified as a minor or of legal age patron. Minors (under 21) will be clearly marked as they enter our establishment. Their brightly colored wristbands will help the bar staff to be better able to spot them throughout the bar. Along with this wristband, minors will be marked with a large "X" on their left hand. The "X" will be marked with a large permanent marker so bar staff will easily be able to identify that they are underage. We believe that the steps and training taken with the door staff and the proper identification for minors will greatly reduce underage alcohol incidents. We have supplied wristbands for both legal patrons and minors to officer Troy Kelsay so that the ICPD will be familiar with our age identifications and markings. LIGHTING We have installed two large flood lights at the front door to make sure that all door men have the proper lighting to correctly read and identify IDs. The lights around the dance floor and around the bar are all controlled by the music. In the past Etc. has used multicolored lights but starting today we will only use white lights to ensure that the whole bar is properly lit. This will allow staff to better be able to identify any minors that have somehow gained access to alcohol. The more lighting we supply in the bar the easier it will be for our staff to monitor, prevent and deter any alcohol incidents. STAFFING Etc. will have a zero tolerance policy and will designate a monitor who will be clearly marked in a red shirt. This monitors sole propose will be to make trips around the bar, checking to ensure that no drinks have ended up with, or around, any minors. He will be responsible to clean up the bar and make sure that there are no drinks or shots left anywhere that minors would have access to. Any minor found with or around an alcoholic beverage will be immediately removed from the bar. We will also continue our policy of removing any intoxicated patron, legal or underage. Etc. has always had a zero tolerance for overconsumption and intoxication. We will ensure that we are not only properly staffed but "overly staffed", with extra wait staff that can help patrol the bar and locate any underage alcohol incidents. We believe that the combination of increased staffing and knowledge will help control alcohol incidents in the bar. Our bar staff will be very aggressive and trained to not only spot incidents but to remove these incidents from the bar. We will also have staff that will be properly trained to check the bathrooms and dance floor frequently throughout the night. We believe that a lot of legal aged patrons are buying drinks and supplying them to their underage friends in these "problem areas". With continued staffing and the frequent patrolling of these problem areas, we believe it will greatly help reduce the transfer of alcohol to minors. In conclusion the proper staffing with the proper training will greatly reduce alcohol incidents. SERVING Etc. will continue its zero tolerance policy of serving minors. In six years, we have only had one violation which has been removed from our record. We believe that our staff is the most diligent and responsible when it comes to checking for identification and serving legal customers. In the past six years we have worked with Officer Kelsay and Officer Membes to help train the staff on proper and responsible serving techniques. Any staff member caught or even suspected of serving alcohol to anyone who does not the proper wristband will be immediately terminated. In the past Etc. has maintained that all staff is TIPS trained every three years. This year we will mandate that all employees serving alcohol will be TIPS trained yearly. We believe that TIPS training is an invaluable experience that all employees should be exposed to yearly. ADVERTISING Etc. will continue to refrain from directly advertising to underage customers. We have made a conscious effort not to advertise in the Daily Iowan, because we know that the majority of its readers~re freeman and r sophomores at the University. We will continue not to advertise drink specials in such mec~a;~that is~iewed primarily by underage students. `-~ ~-.;-j ;,-~ .. , .. ~; _-< ~_ s~ ~~~' ":~: OTHER C~ ~'' '~` Etc will post signage stating that any customer found without either a legal wristba d or a tenor wristband will be removed from the bar. We will also have proper signage stating that not only is it against Iowa state law for a minor to poses alcohol but also against Etc. policy. These signs will clearly state that anyone caught breaking this policy will be immediately removed from the bar and not allowed re-admission. We will also designate certain nights and events specifically for patrons 21 and older to help with the transition of Etc. eventually becoming a 21 and older to enter the bar in the future. These nights will strictly be for patrons 21 and older, no minors will be allowed. In addition, we will charge all minors a $5 cover charge when entering the bar. We have noticed in the past that a percentage of underage customers will not want to pay a cover charge and will not enter the bar or go to another bar. WORKING WITH THE POLICE DEPARTMENT AND CITY COUNCIL We believe that is crucial for Etc. to work hand in hand with not only the ICPD but the Iowa City council. We understand the importance and severity of PAULAs and we believe that we can only fight this battle with the support of the city and police department. Together we can not only reduce but hopefully eliminate underage incidents. We understand that this will be a long uphill battle, but we believe with continued education and proactive steps that we are taking we will be successful. fN CONCLUSION Etc. will continue to improve our establishment as a whole. We have identified the primary problem areas and we believe that we have come up with the proper solutions to help deter underage alcohol incidents. We believe that properly indentifying both legal and minors and removing any patron that is not correctly identified will greatly help reduce the probability of underage alcohol incidents. Any patron that is found possessing alcohol or not clearly identified will immediately be removed from the bar and not be allowed to enter again. There will be a zero tolerance for such activity. In order to be as successful as possible, we will need the support of not only the city council but also the knowledge of the ICPD. We are committed to doing whatever is necessary to make sure that underage customers are not breaking city or state laws. Hopefully with the continued efforts of Etc., and the team work of the city and the ICPD, we will accomplish our goal of not only reducing but eventually eliminating all underage alcohol incidents. ;.,~ `'.J t ~~ X ~."'. (mss +" A7 ~r{~ { !. J l Y '~ G ~"1 '.i` ~.,7 v!~ /"~ ~.t,"' Previously in 8/27/09 I.P. ~P$ THIS IS CORRECTED COPY WHICH INCLUDES p. 2. In the District Court for Johnson County Robert James Hegeman, Plaintiff vs. The City of Iowa City and the City Council of Iowa City, Defendants Plaintiff states: v r: c-~ r~ EQCV070796 ~ ~ - r, ~ N ~.., PLAINTIFF' S R~ST ,~ ~ TO DEFENDANTS ~ PRODUCTION OF r+c~ DOCUMENTS. ~~ Under IRCP 1.512, Plaintiff requests Defendants to make available the following documents for inspection and/or copying: 1. The protest petition concerning REZ08-00011 delivered at the public hearing on or about March 10, 2009. 2. The protest petition concerning REZ08-00011 filed on about May 4, 2009. 3. All emails from any city employee or council member concerning any protest petition against REZ08-00011. 4. All official notices setting any hearing on REZ08-00011 between February 1, 2009 and June 1, 2009. 5. All public notices or documents distributed to any person between February 24, 2009 and May 5, 2009 describing the final boundaries of the property in REZ08-00011 as that property was adopted in Ordinance No. 09-4336. 6. Any document disputing the authenticity or accuracy of f':,Y any portion of the transcripts of the public hearings~~:oz~ ' REZ08-00011. ~ ... l.o .' ". 7^.+. ~ ~: y ~ ~, .~-;i~ ..;4..,` ^~ :.F ~, ~~1 ; L Robe geman 44 Tucson Place Iowa City, Iowa 52246 Robertheaeman@mchsi.com 391-338-5818 319-530-0553 (cell) 319-668-2491 (fax) Original filed Copies served by US Mail on August 12, 2009 to the defendants addressed to the Office of the City Clerk of Iowa City, 410 East Washington Street, Iowa City, Iowa 52240 2 :. ~~ .. ~~ _., F_: [}E_=t _'_i _IEE?_ f'1?E_;t/-. _tSlriti_ 1-'tri f_f EE tL_ iTC I~ ~: F-' ~ I L \! (} i C 3'`.ti `'t t t 1 i! .i i L V: ~- i j pTpnn r;F c E'.l !t tf tt f iF ! ~7 Ck ~E<. E;-i- F T~Fi 7'k. ! !N~ \H. f{`F•"~ - ~ iJ l-< `_l'Lim~ r rn 4- ~ ( ~~' ~ F'f<'~ C Bci mat ies c~~ ~~-,.. 8,.. ~,~j.t~.f ~ C`.n ~. ?= - ~~ ~_ - `i- _ s~ _ _ _ _7 _} (-_'. __ [ ((--* [ i I C F _ _: i { F C_} F i ~ I (F ~ rE Y (-` ~ ? 1 f ~3 .' I y _ ~) ~ ~ UFi ! ~f 1_ f_} L t_ F' F t F t_} E ri ,,_.._. SP_;"~rr~~'' ,?~_,r-..nLt-~~? L;i-i=c' ~~ !C3~d~ i.~t,~ ar}{j fi~?2 i ;~Z~ i^v~,1nr"-~ 1 t_:i .L `J :L`Ci ~1 ~V ll. .._..., JCL i.iJC lJl ~~LllJtf 'iC:i C.ffQ~L tf'. i~idC ~i LV l1 E E i P t E E-s ~ f F' _E t E_) -_ t_F t~ t F E_} I E-' ~. I F t t ~I r _I ~ ~ _ I i _ ti ~ _ __ V _ _ . V :... E.., ~.. J ~;ti r„ 4t.j ~~~ r.J J ,, ~~,' li ~~, BUILDING PERMIT INFORMATION August 2009 KEY FOR ABBREVIATIONS .Type of Improvement ADD -Addition ALT -Alteration REP -Repair FND -Foundation Only NEW-New OTH -Other type of construction Type of Use RSF -Residential Single Family RDF -Residential Duplex RMF -Three or more residential RAC -Residential Accessory Building MIX -Mixed NON -Non-residential OTH -Other t ' ,.~ ~, Page : 2 City of Iowa City Date : 9/1/2009 Extraction of Building Permit Data for To : 8/ 1 /2009 From : 8/31/2009 Census Bureau Report Tune Tune Permit Number Name Address Imnr Use Stories Units Valuation BLD09-00442 JOYCE STUMME 1619 CLIFFORD LN ADD RMF 0 0 $4,000 SCREEN PORCH ADDITON FOR RMF UNIT Total ADD/RMF permits : 1 Total Valuation : $4,000 BLD09-00409 STUCKER, DONALD J 2205 J ST ADD RSF 2 0 $45,595 2ND STORY ADDITION FOR SFD BLD09-00437 LEE & EILEEN CARMEN 35 LARKSPUR CT ADD RSF 0 0 $27,985 ATTACHED SINGLE CAR GARAGE ADDITION FOR RSF BLD09-00463 WARREN & CYNDI NESS 2002 MUSCATINE AVE ADD RSF 0 0 $16,000 ADDITION FOR SFD BLD09-00465 PEG CAHILL 18 DONEGAL PL ADD RSF 0 0 $8,600 DECK ADDITION FOR SFD BLD09-00471 HEIDI ANDERSON 604 GRANT ST ADD RSF 0 0 $7,000 FRONT PORCH ADDITION FOR SFD IN HISTOR IC DISTRICT BLD09-00422 DEREK FAWCETT 1515 ESTHER ST ADD RSF 0 0 $2,000 DECK ADDITION FOR SFD BLD09-00458 MATTHEW VOLKMANN 1825 GLEASON AVE ADD RSF 0 0 $1,000 DECK ADDITION FOR SFD BLD09-00430 RONALD ERIC DICKERSON 2022 H ST ADD RSF 0 0 $724 FRONT DECK ADDITION FOR SFD BLD09-00479 JUDY ROEMERMAN 1908 F ST ADD RSF 0 0 $472 DECK ADDTION FOR SFD Total ADD/RSF permits : 9 Total Valuation : $109,376 BLD09-00438 IOWA CITY CMNTY SCH DI 1900 MORNINGSIDE DR ALT NON 3 0 $882,400 LEARNING CENTER ALTERATION AND WINDOWS FOR CITY HIGH SCHOOL BLD09-00425 JOHNSON CNTY C/O AUDIT 913 S DUBUQUE ST ALT NON 2 0 $777,734 ALTERATION OF PORTION OF COUNTY OFFIC ES BUILDING BLD09-00445 SOUTHEASTERN IOWA SY 2635 NORTHGATE DR ALT NON 1 0 $253,000 REMODEL AND REPAIR OF CHURCH OFFICE BUILDING BLD09-00441 IOWA CITY CMNTY SCH DI 1900 MORNINGSIDE DR ALT NON 3 0 $80,000 EQUIPMENT ROOM AND CELL ANTENNA IN HIGH SCHOOL CUPOLA BLD09-00410 ANY TIME FITNESS 785 MORMON TREK BLV ALT NON 2 0 $58,000 ALTERATION TO MIXED COMMERCIAL BUILDING CHANGE OF USE BLD09-00241 NUSSOYD BLDG CO LLP 109 E WASHINGTON ST ALT NON 0 0 $35,000 NEW FACADE FOR COMMERCIAL BUILDING BLD09-00229 LORA M MILLER 525 S GILBERT ST ALT NON 0 0 $6,800 REMODEL BAR Total ALT/NON permits : 7 Total Valuation : $2,092 934 BLD09-00407 CAROLE ANN ELDEEN 520 N GILBERT ST ALT RDF 0 0 $4,000 ADD PITCHED ROOF OVER FLAT ROOF Page : 3 City of Iowa City Date : 9/1/2009 Extraction of Building Permit Data for To : 8/ 1 /2009 From : 8/31/2009 Census Bureau Report Tune Permit Number Name Address Impr Use Stories Units Valuation Total ALT/RDF permits : 1 Total Valuation : $4,000 BLD09-00349 PRESTIGE PROPERTIES L L ~ 314 N CLINTON ST ALT RMF 2 0 $2,500 MEDIA ROOM FOR RMF UNIT BLD09-00416 GLORIA A DUNLAP 39 MONTGOMERY PL ALT RMF 0 0 $2,000 Install screen under three season porch to create scree n porch Total ALT/RMF permits : 2 Total Valuation : $4,500 BLD09-00473 JEFF & SARA BRAVERMAN 34 REDBUD PL ALT RSF 0 0 $75,000 KITCHEN REMODEL AND ADDITIONAL BASEMENT FINISH AREA FOR SFD BLD09-00423 DOWNING & DINA THOMA 243 TEETERS CT ALT RSF 0 0 $51,368 BASEMENT REMODEL FOR SFD BLD09-00419 DAVID J RIDEOUT 2077 BRISTOL DR ALT RSF 0 0 $20,000 BASEMENT BATH AND BEDROOM FOR SFD BLD09-00453 JERRY BROWNS 1732 E COLLEGE ST ALT RSF 0 0 $6,200 REMOVE NON-BEARING WALL FOR SFD BLD09-00482 FAN ZHAO & JUI-CHI TANG 1270 SHANNON DR ALT RSF 0 0 $6,000 BASEMENT FAMILY ROOM FOR SFD BLD09-00440 BRUNGARDT, CHARLES L 1421 LAUREL ST ALT RSF 0 0 $3,000. BEDROOM WINDOWS FOR SFD BLD09-00480 SOUAIAIA, ARMED E 1604 CALIFORNIA AVE ALT RSF 0 0 $2,800 BASEMENT EGRESS WINDOW FOR SFD BLD09-00447 CHRIS & TAMMY BONER 40 N WESTMINSTER ST ALT RSF 0 0 $2,250 EGRESS WINDOW FOR RSF BLD09-00381 WILLIAM BATTEN 1333 CEDAR ST ALT RSF 0 0 $900 2 BEDROOM EGRESS WINDOWS Total ALT/RSF permits : 9 Total Valuation : $167,518 BLD09-00467 FAITH BAPTIST CHURCH 1251 VILLAGE RD NEW NON 1 0 $25,793 DETACHED GARAGE/STORAGE FOR CHURCH Total NEW/NON permits : 1 Total Valuation : $25 793 BLD09-00418 PARROTT, KEVIN J 1018 CONKLIN LN NEW RAC 1 0 $6,000 DETACHED GARAGE ADDITION FOR SFD Total NEW/RAC permits : 1 Total Valuation : $6,000 BLD09-00432 PENINSULA DEVELOPMEN 1063 WALKER CIR NEW RMF 2 4 $633,715 4 UNIT ROWHOUSE WITH DETACHED 8 CAR GARAGE 1063-1073-1083-1093 Walker Circle BLD09-00433 PENINSULA DEVELOPMEN 1005 WALKER CIR NEW RMF 2 4 $633,715 4 UNIT ROWHOUSE WITH DETACHED 8 CAR GARAGE 1005-1015-1025-1035 Walker Circle Page : 4 Clt}/ Of IOWA Clty Date : 9/1/2009 Extraction of Building Permit Data for To : g/ 1 /2009 From : 8/31/2009 Census Bureau Report Tune ?x>Je Permit Number Name Address Imyr Use Stories Units Valuation Total NEW/RMF permits : 2 Total Valuation : $1,267,430 BLD09-00367 JASON LEE 3442 IRELAND DR NEW RSF 2 1 $290,291 SFD WITH ATTACHED 3 CAR GARAGE BLD09-00404 B & H BUILDERS 1947 CHELSEA CT NEW RSF 1 1 $168,770 SFD WTIH ATTACHED 2 CAR GARAGE BLD09-00405 B & H BUILDERS 1939 CHELSEA CT NEW RSF 1 1 $168,770 SFD WTIH ATTACHED 2 CAR GARAGE BLD09-00406 B & H BUILDERS 1931 CHELSEA CT NEW RSF 1 1 $168,770 SFD WTIH ATTACHED 2 CAR GARAGE BLD09-00427 CAPITAL BUILDERS INC 2 THISTLE CT NEW RSF 1 1 $154,065 SFD WITH ATTACHED 2 CAR GARAGE BLD09-00428 CAPITAL BUILDERS INC 3 THISTLE CT NEW RSF 1 1 $154,065 SFD WITH ATTACHED 2 CAR GARAGE BLD09-00415 SOUTHGATE HOMES 950 OXEN LN NEW RSF 1 1 $148,706 SFD WITH ATTACHED 2 CAR GARAGE BLD09-00414 SOUTHGATE HOMES 938 OXEN LN NEW RSF 1 1 $147,421 SFD WITH ATTACHED 2 CAR GARAGE BLD09-00454 SOUTHGATE HOMES 1042 OXEN LN NEW RSF 1 1 $146,058 SFD WITH ATTACHED 2 CAR GARAGE BLD09-00455 SOUTHGATE HOMES 1026 OXEN LN NEW RSF 1 1 $146,058 SFD WITH ATTACHED 2 CAR GARAGE Total NEW/RSF permits : 10 Total Valuation : $1,692,974 BLD09-00451 BRIAN A GRASSI 130 HIGHWAY 1 REP NON 1 0 $1,000 Repair wall damaged from car going through it Total REP/NON permits : 1 Total Valuation : $1,000 BLD09-00446 NGUYEN PROPERTIES LLC 721 E MARKET ST REP RMF 2 0 $45,000 REPAIRS FOR RMF Total REP/RMF permits : 1 Total Valuation : $45 000 BLD08-00585 MARY JAN KRANTZ REV T 551 NORMANDY DR REP RSF 0 0 $150,000 Flood repair BLD09-00469 DAN UPHOFF 2022 ROCHESTER CT REP RSF 1 0 $75,353 FIRE REPAIR FOR SFD BLD08-00747 MORRIS O DAILEY & KEI 601 NORMANDY DR REP RSF 0 0 $35,000 Flood repair BLD09-00485 RMB INVS LLC 411 N LINK ST REP RSF 0 0 $11,000 REBUILD FRONT PORCH FOR SFD IN HISTORIC DISTRICT BLD09-00449 LOUIS W & HELEN M MESS 1917 RIDGEWAY DR REP RSF 0 0 $9,000 REPLACE RAILS AND DECKING FOR SFD DECK Page : 5 City of Iowa City Date : 9/1/2009 Extraction of Building Permit Data for To : 8/ 1 /2009 From : 8/31/2009 Census Bureau Report Type Type Permit Number Name Address Imnr Use Stories Units Valuation BLD09-00435 KONCHAR, ROBERT E 1135 E COLLEGE ST REP RSF 0 0 $1,000 STAIR REPAIR FOR SFD BLD09-00382 MONAGAN, ALFRIETA PA 806 CLARK ST REP RSF 0 0 $950 STOOPS AND STEPS FOR SFD BLD06-00351 JOHN & DANETTE RALEY 111 S LUCAS ST REP RSF 0 0 $800 REROOF, RESIDE, ADD SKYLIGHTS FOR SFD IN CONSERVATION DISTRICT-permit does not include skylights at this time BLD09-00450 BRUCE A SIELENI 1822 FRIENDSHIP ST REP RSF 0 0 $600 Replacing 54' of 8' fence BLD09-00201 JANN REAM 510 GRANT ST REP RSF 0 0 $500 PORCH REPAIR FOR SFD Total REP/RSF permits : 10 Total Valuation : $284,203 GRAND TOTALS : PERMITS : 55 VALUATION : $5,704,728 MidAmerican ENERGY OBSESSIVELY, RELENTLESSLY AT YOUR SERVICEa Marian Karr City Clerk, City of Iowa City 410 E Washington Street Iowa City, IA 52240-1826 Dear City Clerk Karr: -~-. ~ , < <r, ~ ~~~~ ~: f ,mot I IP10 MidAmerican Energy Company 106 East Second Street P.O. Box 4350 Davenport, Iowa, 52808-4350 Congress is in the midst of determining the direction our country will take on climate change policy, and the decisions they make will significantly impact what you pay for energy. Current legislation -the American Clean Energy and Security Act of 2009 -aims to curb greenhouse gas emissions and to address global climate change. ACES is built upon a complicated cap-and-trade plan to control carbon emissions and protect the environment. MidAmerican Energy recognizes the importance of protecting the environment and supports capping COZ emissions; however, we are very concerned about the significant costs associated with trading emission credits. This is just one piece of the legislation that will create additional and higher costs if the current form of the bill that was narrowly passed by the U.S. House of Representatives in July is implemented. These costs will affect you, your community and your businesses. It is important we all understand the potential implications of this legislation. MidAmerican Energy is hosting a series of meetings to discuss what ACES means to you and your bottom line. We invite you to discuss the local impacts of the proposed legislation with us. It is important for us to discuss our stance on this legislation and the negative impacts it may have on Midwest customers. Specific impacts would include: • Electric rate increases in excess of 20 percent • Lost tax revenues for communities • Redistribution of wealth from the Midwest to coastal states • Elimination of Midwest business advantages • Economic development stagnation • Lost jobs and revenues -forcing businesses to relocate to lower- cost areas Please join us at one of the scheduled meetings. MidAmerican Energy is working to ensure the best possible iegisiation is enacted for you, for us and for the region. Working together we can and will help shape this important legislation. I look forward to meeting with you to discuss this critical issue. Sincerely, William J. Fehrman President, MidAmerican Energy Company Sept. 21 7:30-9 a.m. Sioux Falls, Augustana College Noon-1:30 p.m. Sioux City, Western Iowa Technical Community College Sept. 24 7:30-9 a.m. Fort Dodge, Iowa Central Community College Noon-1:30 p.m. Des Moines, Science Center of Iowa Oct.1 Noon-1:30 p.m. Council Bluffs, Bayliss Park Hall Oct. 2 Noon-1:30 p.m. Moline, Metro Center Station Oct. 7 7:30-9 a.m. Waterloo, Sunnyside Country Club Noon-1:30 p.m. Iowa City, Old Brick Register online at www.MidAmericanEnergyEMPOWERU.com PEE R 1 C A /~ ~~ O ~~ ~ ~ ~ ~ ._,! r _ ~ ~~.® ~ "nl~ ,~ ,~®,.~ uy-us-uy CITY OF IOWA CITY IP11 MEMORANDUM Date: September 2, 2009 To: City Council From: Jeff Davidson, Director of Planning and Community Development Re: Update: Flood-related activities The City was notified about a number of I-Jobs grant applications this week. The following projects received funding: The construction of Fire Station #4 - $2,268,867; UniverCity Neighborhood Partnerships affordable housing program - $1,000,000; relocation of the wastewater treatment facility - $3,500,000. In addition, the City's grant application for $997,972 in I-Jobs funds for the rehabilitation of flood impacted homes (Jumpstart #3) was approved last month and the agreement was signed this week so funds are being disbursed to homeowners. The Iowa Valley Habitat for Humanity's I- Jobs grant application of $105,000 for the construction of three energy efficient affordable homes and Shelter House's 1-Jobs grant application of $2.66 million were approved last Friday. • Several more closings of homes in the HMGP buyout program will occur in the next few weeks. FEMA has been approving duplication of benefits on a more reliable basis. • An archeological monitoring contract was awarded for the HMGP buyout program. Also, asbestos removal began on September 2"d and the demolition of the first 11 homes will begin around September 10tH The first round of checks from the $1 million CDBG Business Rental Assistance Program will be distributed on Tuesday, Sept. 8. This program will pay for up to six months rent (with a maximum of $50,000) for businesses who are located or will locate in commercial buildings that were flooded. Contracts have been signed with the state and staff has begun verifying the eligibility of applicants. To date, we have 41 applications for a total of $683,000. A Request for Proposals was sent out last week to consultants for a study to determine the feasibility of creating a downtown business incubator for creative technology-related businesses. The EDA (Economic Development Administration) recently approved a $60,000 grant request for the study. The EDA determined the project eligible for disaster recovery funds, in part, because of the job creation potential in the creative technologies sector in downtown locations. • The Jumpstart Small Business Assistance Program closed on April 15. Businesses were eligible for up to $50,000 in forgivable loan funds plus an additional $5,000 for reimbursement of new energy efficient equipment. We distributed $1.25 million to 44 participants. Of the $1.25 million, $45,000 was for reimbursement of energy efficient equipment. The Iowa City Flood Recovery program, instituted very shortly after the flood, provided up to $5,000 in grant funds to businesses for flood related clean up expenses. We distributed almost $75,000 to 18 applicants. IP12 Marian Karr From: Sharon Benzoni [sharon-benzoni@uiowa.edu] Sent: Tuesday, September 01, 2009 8:21 AM To: Council Subject: RSVP for our International Writing Program Dinner RSVP for the CIVIC Dinner honoring International Writing Program Participants! Annual CIVIC Fundraiser Dinner Celebrating a New Chapter in Iowa's Literary History Join us in welcoming the 2009 participants in the University of Iowa's International Writing Program who will spend the fall reading, writing and immersing themselves in Iowa's unique literary culture. Mingle with these 40 writers from Egypt to the Netherlands to Sierra Leone. Help support CIVIC in our efforts to build bridges respect and understanding across cultures while dining with some of the world's most talented writers. The closing program will feature a presentation by Christopher Merrill, Director of the International Writing Program, and a reading by one of the writers. Event Info September 10, 2009 Fourth Floor Assembly Hall Levitt Center for University Advancement Iowa City, IA, Iowa 52242 6:30 PM: Reception with Cash Bar 7:30 PM: Dinner Buffet Tickets are $75 per person ($50 is atax-deductible donation to CIVIC), or $450 for a table of six. Please RSVP by Thursday, September 3rd to Julia at civic@uiowa.edu or 319-335-0351. Send your check should be made payable to CIVIC to CIVIC, 1111 University Capitol Centre, Iowa City, IA 52242 The mission of the Council for International Visitors to Iowa Cities (CIVIC) is to build respect and understanding among people by welcoming future world leaders to eastern Iowa and facilitating their communication with citizen diplomats in the Heartland. CIVIC: Building respect and understanding, one handshake at a time. Join Our Mailing List! Forward email Email Marketing by ®SafeUnsubscribe~ _ f,,,~- This email was sent to council@iowacity.org by sharon-benzoni@uiowa.edu. ._ ~ ___.~_// Update_Profile/Email Address ~ Instant removal with SafeUnsubscribe'"' ~ Privacy Policy. Ii~~r' TRY IT FREE 9/1/2009 IP13 Marian Karr From: Cari Malone [carijm@mchsi.com] Sent: Tuesday, September 01, 2009 4:42 PM To: Council Subject: Forums at the Iowa City/Johnson County Senior Center Dear Council Members, On behalf of the Curriculum Committee at the Senior Center, I am sending you a reminder of the two forums entitled, "What Is the Role of the Iowa City/Johnson County Senior Center Today And in the Future?", which will be held on Wednesday, September g at 7:0o p.m. and Friday, September 18 at 2:3o p.m. in the first floor Assembly Room at the Iowa City/Johnson County Senior Center. We anticipate that each forum will last approximately 9o minutes. Following introductory remarks by Dianne Day, Chair of the Committee, there will be brief overviews of some of the program areas such as music, exercise, and literature. The forum will then be open to comments and questions by those in attendance. Each speaker will be allotted 2 minutes. Refreshments will be served prior to the meetings and music will be provided by ensembles composed of members of the New Horizons Band. We hope that you will be available to attend one or both of these forums so you can hear first hand the questions, comments, and concerns of the citizens in regard to the Center. If you have any questions concerning the forums, you may contact me by e-mail (carijm(cr)inchsi.com) phone (354- rg73) or Dianne (c~aywe_a..r_~_m_sn._com) or (337-2831)• Sincerely, Cari Malone Member, Curriculum Committee Iowa City/Johnson County Senior Center Home address: 184o B Street, Iowa City This correspondence will become a public record. 9/ 1 /2009 IP14 MINUTES PRELIMINARY PLANNING AND ZONING COMMISSION AUGUST 20, 2009 - 7:30 PM -FORMAL CITY HALL, EMMA J. HARVAT HALL MEMBERS PRESENT: Ann Freerks, Michelle Payne, Tim Weitzel, Elizabeth Koppes, Wally Plahutnik, Josh Busard, Charlie Eastham MEMBERS ABSENT: None STAFF PRESENT: Bob Miklo, Karen Howard, Sara Greenwood Hektoen OTHERS PRESENT: Patricia Patton, Margaret Loomer, Sheila Cushing, Peter McNally, Glen Meisner, Brenda Christener RECOMMENDATIONS TO CITY COUNCIL: The Commission voted 6-1 (Plahutnik voting no) to approve REZ09-00004, an application submitted by Iowa Wireless Services, LLC for a text amendment to allow communication towers in Interim Development Residential zones. The Commission voted 7-0 to approve REZ09-00005, an application submitted by The Breese Co., LLC for a rezoning from Community Commercial (CC-2) zone to Intensive Commercial (CI-1) zone for approximately 3,450 square feet of property located at 611 Southgate Avenue. The Commission voted 6-0 (Busard abstaining) to approve SU609-00006/SUB09-00007, an application submitted by Johnson County Extension Service for a preliminary and final plat of Johnson County Extension Service, a 1-lot, 1.64 acre subdivision located at 4265 Oak Crest Hill. CALL TO ORDER: The meeting was called to order at 7:30 p.m. by Chairperson Ann Freerks. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. REZONING USE ITEM: REZ09-00003: Discussion of an application submitted by Southgate Development Company for a rezoning from Medium Density Single Family Residential (RS-8) zone to High Density Single Family Residential (RS-12) zone for approximately 4.29 acres of property located on Walden Road, west of Mormon Trek Boulevard. The 45-day limitation period for this item has been waived. Eastham announced that he was abstaining from consideration of this item Freerks noted that the applicant has requested the item be deferred to the September 3~d meeting of the Planning and Zoning Commission. Howard noted that the property owner is negotiating with the owners of Walden Court Condominiums regarding drainage issues and that is the reason the deferral was requested. Freerks said she would open the public hearing on the matter in spite of the deferral as there seemed to be some people present who wished to speak to the issue. Planning and Zoning Commission August 20, 2009 -Formal Page 2 of 9 The public hearing was opened. Patricia Payton, 2428 Walden Court, said her property is at the bottom of the hill from the property being considered for rezoning. She said that her property has suffered water damage many times and that until the association hired a lawyer and an engineer, no cooperation from Southgate, the adjacent property owner, had been forthcoming. Payton said clay and mud run-off from Southgate's property had been a problem ever since the trees and vegetation had been removed fifteen years prior. She said that some neighbors had foundation issues as a result of the clay and mud, and some had issues with the interiors of their homes. Payton said that the idea of densely populated construction on that site is a scary thing to the homeowners below it. Payton said that a lake often forms in the yards of homeowners at the bottom of the hill as a result of run-off from that property. She said the neighbors have had bad experiences with this property and that she is not convinced of Southgate's claims that they will be good neighbors if allowed to rezone the property. She said that she herself has considered moving because of this issue. Freerks asked if the run-off issues had continued within the last year. Payton said that she had had water issues, but that she had had to dig out around her foundation and reinforce it with stone in the past to prevent further mud and clay issues. Payton said that the neighbors had had to install heavy duty fencing to catch the mud as it slid down the hill and prevent it from covering their sidewalks. She said the property was mowed about once a year and had been graded once in about ten years. She said that because the property is a hillside, there will be nowhere for the water to go but down if buildings are constructed on it. Freerks asked if Payton had attended any of the neighbor meetings with Southgate. She said she had but that the information provided had not satisfied her that the development was a good idea. Payton said she believed that by deferring, Southgate is trying to wait out the neighbors until they no longer show up at the Planning and Zoning meetings. Margaret Loomer, 1248 Jensen Street, said she had safety concerns with the development. She said the parking in the area is not sufficient for the density of the area already, much less if the proposed condominiums were built. Loomer said that Walden Road is notorious as a short cut from Rohret Road to Mormon Trek, and that as a result there is quite a bit of traffic in what is supposed to be a quiet neighborhood. Loomer said she is concerned for children who have to walk to school in the neighborhood. She also is concerned about the aesthetics of the neighborhood, especially if the development is intended to be renter-occupied. Loomer said she would like to see the density cut down some at the very least. Sheila Cushing, 2409 Walden Court, said she wished to reiterate the concerns about the traffic flow. She said there is no stoplight and no way of making provisions for one at Walden Road and Mormon Trek, and that it is somewhat of a blind turn for those attempting to make a left turn there. She said adding a high-density unit there would really obstruct traffic flow. She said that the drainage and traffic issues should both be taken into consideration. Freerks closed public hearing. Weitzel moved to defer to the September 3`d meeting. Koppes seconded. Koppes asked if the applicant had indicated if they would be ready by the September 3`d meeting. Freerks noted that it was the applicant who wished to defer to that date. Koppes said it would be a shame to have everyone come back on the 3`~ and then have the matter deferred again. Howard said she had been in contact with the Walden Court Homeowners' Association and Southgate and would continue to monitor the situation. Miklo said that people could call the Planning Department or check the website to make sure the matter was on the agenda before coming to the meeting September 3ro. He said he would also like to point out that the Planning and Zoning Commission will begin meeting at 7:00 p.m. instead of 7:30 p.m. as of the September 3`~ meeting. Plahutnik asked if he was correct in believing that this matter would not proceed at all until there was an agreement with the homeowners' association regarding the drainage problem. Howard said this was Staff's recommendation. Freerks said that the Commission would make that determination, but that as Planning and Zoning Commission August 20, 2009 -Formal Page 3 of 9 she had expressed previously, she certainly was not interested in making the drainage issues worse than they were presently. Howard said the drainage agreement in question is one that would allow the developer to tie in with the private storm-water system owned by Walden Court. Further drainage issues would be resolved at the subdivision level. Howard said it would be difficult to find a way to properly drain the property without tying into the private drainage. Payne noted that if no agreement was reached it would continue to drain the way it did now, which was also unsatisfactory to the neighbors. Howard said ultimately the property could not be developed without dealing with the drainage issues. A vote was taken and the motion to defer passed 6-0 (Eastham abstaining). Freerks advised the public to check in with city staff regarding the September 3`~ meeting to see if the item would be deferred to a later date. REZ09-00004: Discussion of an application submitted by Iowa Wireless Services, LLC for a text amendment to allow communication towers in Interim Development Residential zones. The 45- day limitation period ends September 7, 2009. Howard stated that Interim Development is a designation given to land that has been annexed, but has no public services available to it and is not yet ready for development. She explained that this is a sort of "holding" zone for land. These zones allow certain agricultural uses, single family homes and very limited development. The future zoning for this particular area is marked out to potentially be multi-family residential and single family residential. The request is to allow cell towers in the area. Staff did some research into what other cities in Iowa were allowing and found that many cities were allowing towers in similar zones, though there were strict guidelines and it usually had to go through a special exception process. Howard said that Staff developed language modeled after the zoning code language for Neighborhood Commercial zones and their provisions for cell phone towers. Howard said that Staff recommended including the strict restrictions found in the Neighborhood Commercial (CN-1) zones if the Commission decided to go forward with allowing towers in Interim Development Residential zones. Howard said that one concern is that communication towers will detract from the aesthetics of future residential areas. Howard said the design of cell phone towers has evolved to be less obtrusive. Howard said that either stealth/camouflage design or mono-pole designs could be incorporated into a residential setting. She said that Staff believed that so long as the location of these towers was carefully considered by the Board of Adjustment they could be allowed without detriment to the aesthetics of the area. She noted that there have been issues of poor cell phone coverage in the area, particularly in the northeast area of the city. Howard led the Commission through a series of maps showing areas that could possibly be affected. Busard asked if increasing the height restriction from 120 feet to 150 feet would better serve Staff's goal of having towers co-located. Howard said that it would depend on the tower and its desired coverage, but that 120 feet provided plenty of range. Busard asked about the setback requirements for the towers, and Howard explained that the setback requirements applied only to adjacent residential properties. Plahutnik asked where towers are currently allowed, and Miklo explained that towers are currently allowed in industrial zones and are allowed by special exception in the commercial and public zones. Plahutnik said that he would like to see a map showing where the towers are currently allowed and located to be able to determine if this change was necessary. Howard said topography was a factor in the effectiveness of towers. Payne noted that in the special exception process the applicant would have to prove that the tower could not be effectively placed in an area that already allowed the tower. Howard said an applicant would have to: 1) check to see if the tower could be co-located on an existing tower, and then 2) check to see if there are any other industrial or commercial properties available, and, finally, 3) take it before the Board of Adjustment. Planning and Zoning Commission August 20, 2009 -Formal Page 4 of 9 Miklo gave examples of inconspicuous cell phone towers and mono-poles that are located in populated areas throughout town that one might not notice unless it was pointed out as a cell phone tower. Freerks asked for clarification about the screening provisions in the code. Howard said that the code was drafted after a committee made up of various entities in Johnson County met and tried to come up with similar wording for codes regarding towers. Howard said that if the Commission wanted to add language, now would be the time to do that. Freerks said that the way she read the code buildings would be required to be screened, but not necessarily the towers themselves. Miklo said he believed bases would likely be screened as a result of utility sheds that would likely be built alongside towers. The utility sheds are required to be screened. Eastham asked if the utility cables to the towers would be placed underground as is required of utility cables in residential zones. Miklo said that electric cables are required to be underground in new subdivisions. Payne said that likely whatever was done prior to subdivision would be redone once development occurred. Howard said she could ask Public Works. Eastham said his view is that it would be a good idea not to have above ground cables in a residential zone. Eastham asked if there was a lot size requirement so that in the event the tower blew down it did not damage adjoining property. Howard said she believed towers were designed to collapse on themselves, not to tip over, but she would defer to the applicant regarding the engineering of the towers. Miklo said he believed the practice would be to make these outlots or open space. He said he did not think the City would want these on inhabited lots. Miklo said that he would think that in the subdivision process this question would be sorted out. Eastham asked if there was a separation distance requirement between towers. Howard said there was no requirement of separation, only that all sites within a half a mile were identified by an applicant. Howard said that topography was such an issue that having restrictions on the density of towers might not be wise. Howard noted that the property will be rezoned prior to development, so the cell phone tower would either be grandfathered in as anon-conforming use or it would be made to conform. Eastham asked if it was correct that there were no cell phone towers in residential zones currently. Miklo said there is one on the Elks property, which is zoned ID-RS. It was allowed by special exception under the previous zoning code. Freerks opened public hearing. Pete McNally of Grinnell Group, 225 42"d Street, Des Moines, identified himself as the representative of the applicant, I-Wireless. McNally said that it is not the usual way for I-Wireless to ask a city to change its rules if there were any other viable options to provide service. He said that what customers demand of a cell phone has changed dramatically. McNally said there are now more households in the United States that only have a cell phone than there are households that only have a land line. McNally said that approximately 35% of households are relying on cell phones for their telecommunications needs. He also said that the FCC reports that 50% of all 911 calls come from cell phones, which demonstrates the importance of having good cell phone coverage everywhere. McNally said that after an extensive search, I-Wireless found that it was having difficulty finding places where towers could be located and still provide coverage everywhere. McNally noted that I-Wireless was asking only for the opportunity to ask the City at a later date for permission to place a tower in a residential zone. McNally said that in asking for Interim Development to be a place where towers could be built, I-Wireless was thinking in terms of infrastructure, just like any other utility provider. He said that they were trying to get ahead of the curve and plan for the future while still leaving the control of where a tower was placed in the hands of the City. McNally said that 80-90% of tower agreements are leases. McNally said that he believed the owner would want to keep that parcel in the event the property was developed in order to maintain the income stream. In that case, McNally said, the City would have the opportunity to make sure that all of its setback requirements were met. McNally said that I-Wireless does not generally use utility buildings, though other cell companies do. He said they are functionally no different than transformer boxes located in residential neighborhoods. McNally said that electric cables are handled in whatever way the utility Planning and Zoning Commission August 20, 2009 -Formal Page 5 of 9 company requires of them. He said the coaxial cables are not typically buried, but come straight from the top of the utility cupboard to the tower. McNally said that it would be highly unlikely for a tower to fail. He noted that two blocks from the high school that was destroyed in Parkersburg when the tornado hit, there was an I-Wireless tower. That tower remained standing and was operational within 24 hours. McNally said he would not be any more concerned about a tower tipping over than he would any other four story building. He said towers are engineered for local wind and ice conditions and for the exact spot on which they are located. Freerks said she was puzzled by the electric boxes and whether any fencing should be required if it was located in a park area. Howard said that it was important to remember that the Board of Adjustment would look at each case and could add any screening or other specific requirements they felt were necessary. Payne said Freerks brought up a good point because coaxial cables that were above ground could be subject to vandalism or children playing on them if the area became a park. McNally said typically the area would be enclosed with a fence. Freerks said that while they did not wish to require things that were not necessary, they did want to look ahead. Greenwood Hektoen said that during the special exception process the City has quite a bit of leverage for adding requirements such as screening, fencing, etc. Payne said the concern is at the point where the use of the surrounding property changes to residential. Greenwood Hektoen said that at that point it will come back before the Planning and Zoning Commission and the City Council as a subdivision. Eastham asked if it would be good to have an engineer's review of whether or not a tower was necessary in that area. Howard said she did not know if the City Engineers would be qualified to make that determination as they typically deal with structural issues. McNally said that in cities where that kind of a review is required I-Wireless simply submits something by their radio frequency engineers. Miklo said further evidence can always be asked for by the Board of Adjustment if it is deemed necessary. Freerks closed the public hearing. Weitzel moved to approve REZ09-00004. Payne seconded. Eastham said he is not necessarily against voting on the measure, but that there have been a number of suggestions about possible changes. Freerks suggested making very specific recommendations for changes and then seeing what they come up with. Koppes said she would like to amend 4b.5 and other similar sections to add the word "cabinet". Weitzel seconded. The amendment was added by a 7-0 vote. Plahutnik said that he views his job here as looking ahead 25 years into the future. He said that while he is a cell phone user, he would not wish a 100-foot cell phone tower in his own back yard, and so could not wish one on the back yard of his neighbor 25 years in the future. He said that cell phone companies currently have a service tower problem, but that in the future they may be able to resolve this with technology advances using a different solution. Plahutnik said he would not live in such a neighborhood, and he cannot wish it on anyone else. Payne said she had the same opinion as Plahutnik initially, but that she agrees with Staff to a certain extent that anyone buying property adjacent to apre-existing tower knows what they are buying. She noted that the towers are so well camouflaged that it is difficult to even notice they are there in many places in the city. She said that she has become convinced that this is probably a good thing for now. Busard said that cell towers are now part of the infrastructure and that it is easier to design a subdivision around infrastructure than to design infrastructure around subdivisions. Busard said that with the Board of Adjustment and the subdivision processes he believes there will be adequate oversight of the Planning and Zoning Commission August 20, 2009 -Formal Page 6 of 9 placement of towers. Ultimately, cell phone towers must be allowed in the area, Busard said. Eastham said Plahutnik raised an excellent point and that a balance had to be struck between the desire for more cell phone service and the need for more antennas. Eastham said it is important for him that the provisions contain removal requirements when/if the towers become obsolete. Eastham said there is an analogy between electrical service and cell phone service. The number of electrical lines in the area was also once very annoying to look at, but now they are largely underground. At some point, the same sort of transformation may take place with cell phone towers. He said he would go ahead and support the current provisions. Weitzel said it is hard to overstate how much design can ameliorate structure, and how it looks and fits into the community. Weitzel said the code is well written and that the Board of Adjustment will have a lot of control over the way the towers look. He reiterated the point that people will move into the neighborhood with the tower pre-existing, not the other way around. Koppes said she also supports the measure. She said she approves of the camouflaging, and the fact that the towers will be there before the land is developed. Freerks said Staff had looked at the matter carefully and has come up with a solid process. She said she is very much in favor of the provision for removing the towers when they become obsolete, and the co- location aspect of the code. She said she has some concerns about how the tower areas will transition into park lands or subdivisions at some point. However, she thinks it will be dealt with carefully when that time arises. A vote was taken and the motion carried 6-1 (Plahutnik voting no). REZ09-00005: Discussion of an application submitted by The Breese Co., LLC for a rezoning from Community Commercial (CC-2) zone to Intensive Commercial (CI-1) zone for approximately 3,450 square feet of property located at 611 Southgate Avenue. The 45 day limitation period expires September 13, 2009. Howard said the applicant could not be present and had offered his apologies. Howard said this is a minor lot line adjustment. Howard said the building actually straddles the property line. The applicant wishes to remodel the interior of the building and has a tenant that wants to extend into the portion of the building on the other side of the lot-line. The applicant wanted to adjust the lot-line to accommodate the tenant. However, the use that is going in there requires CI-1 zoning, so the zoning boundary line must also be adjusted. The Comprehensive Plan indicates this area as appropriate for Intensive Commercial zoning, as the zoning pattern is fairly set in that area. Basically it is just a minor adjustment to the zoning boundary line, Howard said. The public hearing was opened. As there was no public comment, the hearing was closed. Eastham moved approval of REZ09-00005. Payne seconded. Freerks invited discussion. Freerks said she had one thought concerning the proximity to the apartments next door. Howard said that the building is already in that proximity. Payne said the reason the line is where it is is because of the way the building is situated on a corner lot. Miklo pointed out that it would not happen under current zoning that a single building would be in two different zones. A vote was taken and the motion carried 7-0. Planning and Zoning Commission August 20, 2009 -Formal Page 7 of 9 SUBDIVISION ITEM: SUB09-00008/SUB09-00007: Discussion of an application submitted by Johnson County Extension Service for a preliminary and final plat of Johnson County Extension Service, a 1-lot, 1.64 acre subdivision located at 4265 Oak Crest Hill. Busard announced that he would be abstaining from this matter because in his role as a County Planner he has involved the review of this property. He left the meeting. Miklo explained that this property is currently owned by the Johnson County Fairgrounds Board. The Johnson County Extension Service, a state-run organization, currently has office space at the fairgrounds. The proposal involves the Johnson County Extension Service buying a parcel of the fairground property and building a new office on that site. The entire fairground is not included in the subdivision because it is a property of more than 40 acres; this is a one-lot subdivision. There is an easement allowing access to the fairgrounds driveway and Old Highway 218, also known as Oak Crest Hill Road. The Comprehensive Plan acknowledges the current fairgrounds, the residential, and the mixed commercial uses in the area. The Fringe Area Agreement says that commercial and industrial uses should not occur until the area is annexed into the City. Miklo said the Fringe Area Agreement does not address public uses such as the fairgrounds and the Johnson County Extension Service, though Staff feels this particular proposal is not inconsistent with the aims of the plan. The property is under the County's jurisdiction and is zoned County Commercial Agricultural which would allow this use. Miklo said that neither Staff nor the County wants an additional curb cut onto Old Highway 218 because of its arterial function and the high speed of traffic in that area; thus, the driveway easement. The Hills Fire Department submitted a letter stating that they have jurisdiction for providing fire protection for the area. Miklo said the inconsistencies of the legal descriptions in the preliminary and final plats have been corrected. Miklo said Staff recommends approval subject to the legal papers and construction drawings being approved by Staff prior to Council consideration. Freerks asked about parking provisions. Miklo said he believed the Extension Service planned to do their own parking lot on the new property. Freerks asked if there were large trees in that area that could be protected or maintained. Miklo said the subdivision code does not have a provision protecting trees unless it is a significant grove of trees. Eastham asked the size of the building. Miklo said it was fairly significant and referred him to the applicant's engineer. Eastham asked if the entities involved were under the control of the Board of Supervisors. Miklo said he believed the fairgrounds were separate but was not sure, and that the Extension Service is a state agency. Freerks opened the public hearing. Glen Meisner, MMS Consultants, represented the applicant. Meisner said he believed the building was 80x50, single-story. Parking will be on three sides of the building. Plahutnik encouraged the applicant to protect the trees. Meisner said that while efforts are being made to keep as many trees as possible, some will have to be removed. Brenda Christener, 2526 Potomac Drive, said she is currently the business manager for the Johnson County Agricultural Association. She said that they do fall under the Johnson County Board of Planning and Zoning Commission August 20, 2009 -Formal Page 8 of 9 Supervisors, and that she would be happy to try to answer any questions Commissioners had. The public hearing was closed. Payne motioned to recommend approval of SU609-00006/SU609-00007, a preliminary and final plat for Johnson County Extension Service, a 1.66 acre subdivision in the north portion of the Johnson County Fairgrounds, subject to Staff approval of construction drawings and legal papers prior to City Council consideration. Koppes seconded. Freerks said that the proposal is not inconsistent with the Fringe Agreement and that an office use is permitted in the current zone. She said she was glad that there would be no additional curb cuts on Old Highway 218 and that efforts would be made to save mature trees. Weitzel said that the use does seem to be compatible, and an office in the area does seem to be appropriate. A vote was taken and the motion carried 6-0 (Busard abstaining). CONSIDERATION OF MEETING MINUTES: June 13 and July 16, 2009: Freerks noted she had one small change that she would give to Staff. Payne motioned to approve the minutes. Plahutnik seconded. The minutes were approved 6-0 (Busard absent). OTHER: Miklo noted that formal meetings would begin at 7:00 p.m. in the future. Miklo noted that there was a short article about the Commission in a publication he passed around. ADJOURNMENT: Plahutnik motioned to adjourn. Payne seconded. The meeting was adjourned on a 6-0 (Busard absent) vote at 9:18 p.m. s/pcd/minutes/p8z/2009p&z/5-20-09.doc .. ~! ~G ~~ 00 ~ W Z_ ~ ZWo NZN OD Q W ~~ ZQ Z Z a J a 0 M X X X X X X X co X X X X X X X ~ X ~ X X X X X ~ o x x x x o x ~ X X ~ X X X X ~ X X X X X ~ X M X X X X X X X M X X X X X X X N x x x x o x x ~ X X X O X X X r N W W X ~ ~n ~ ~n ~ ~ ~ ~n ~ ~ ~ ~ ~ ~n I-W 0 0 0 0 0 0 0 W ~ W ~ J ~ ~ m J a V a ~ W V Y ~ ° ~ Q a ~ Y w N a z ~ = W W ~ ~ cn cn w a ~ a - W a z ~ m a w oc ~ o Y a a ~ a ~ z F- W W a O ~ X X X X X X ~ ti 0 M X X X X X X X M X X X X X X X M X X X X X X X ~ O X X ~ X X ~ w ~a c- ~ ~ .- M ~- N ~ O .- O r- M ~ WX ~ ~n ~ ~n ~ ~n ~ ~n ~ ~n ~ ~n ~ ~ H W o 0 0 0 0 0 0 W ~ ~ ~ m J J J a ~ ~ = V Z a _ Y ~ W U ~ m Q Y N ~ H ~ _ ~ W W ~ W N W a rl- w a z = ~ ~ cn cn w a } a - W a z ~ m a w ~ ~ o Y a a ~ a ~ z H W W O Z E `o ~~ ~ ~ X ~~ ~ ~ ~ .- c a~ ~ ~ ~ y E cv ~~Q ° o d Q II Z Z II II W ~ , xOOz w Y IP15 MINUTES YOUTH ADVISORY COMMISSION August 26, 2009 - 5:30 PM LOBBY CONFERENCE ROOM, CITY HALL Members Present: Zach Wahls, Hannah Green, Jerry Gao, Luan Heywood Members Absent: None Staff Present: Marian Karr Others Present: CALL TO ORDER: PRELIMINARY The meeting was called to order at 5:40 p.m. Hannah Green chaired the meeting. MINUTES: Heywood motioned to approve the August 6 minutes. Gao seconded. The motion passed 4-0 YOUTH ARTS INITIATIVE: Heywood shared her draft letter that will be sent out to teachers as a means of moving the project forward and developing artwork to collect, and her draft email that will be sent out to teachers alerting them of the project. She said that the venue has not been yet secured. Wahls motioned to approve the letter and email for distribution, after review by the City Attorney's office, and directed Heywood to implement any minor revisions requested by the City Attorney's office, prior to distribution on City letterhead. Green seconded. The motion passed 4-0 Wahls noted that a student sending a lesson plan to a teacher could possibly be seen as presumptuous, however good our intentions are. Heywood agreed and said she would make minor modifications framing the sample lesson plans as possible samples, not mandatory plans. Karr inquired about advertising materials, and Heywood stated they had not been developed yet. Karr suggested all materials for the event be reviewed by the City Attorney's office as one package. Wahls then commented that, concerning the venue, something Wilburn had said earlier had stuck with him. He thought that a venue with more prestige gives the art and project itself more YOUTH ADVISORY COMMISSION August 26, 2009 Page2of3 weight. He strongly recommended UAY, but the general consensus of the Commission was towards the City Recreation Center on Gilbert. Green inquired if a date had been set, but Heywood replied that until a venue is booked for the event, the final date will remain up in the air. She also noted that we should consult Frank Warren to see if he had any problems with us using his title for the project. BACK TO SCHOOL EVENT OVERVIEW: Wahls began by saying that the attendance of the event spoke for itself. He reported that evidently the elementary schools had sent out packets earlier in the year and had not been able to distribute the fliers that the Commission had printed. He also said that he did not have bills from Heyn's or John's and Karr said that she had not received any bills either. Wahls presented two receipts for his own reimbursement, and said Heyn's and John's bills would be sent directly to the City. Wahls said that if the Commission were to conduct the event again, they would have to make sure that all elementary schools really did get the fliers and possibly utilize the district's phone call system. Karr reported that Wilburn had reported attendance of about 50 people, while the Commission offered estimates from 100-200. Green.said that she thought the face paint and ice cream had both been great ideas, and the major barrier to the success of the project was advertising. Wahls stated he would return supplies to the City. YOUTH EVENTS CALENDAR: Karr reported that the online application that allows users to post upcoming youth events had only been used twice in the past two and half years. Karr explained the process, but the Commission was generally unaware of its existence and applicability. Karr asked if the Commission was interested in keeping the website. Heywood said that in examining this issue, the Commission ought to consult the mission statement. Wahls said that a website was the best way of advertising and distributing the application for the Youth Empowerment Grant. Karr noted that the Commission and Grant could still be advertised on the City website if not on the YAC site. The Commission agreed to visit the site prior to the next meeting and asked that the item be placed on the next agenda. MEETING SCHEDULE: The Commission then agreed to retain the next scheduled meeting date of September 6'h at 4:30 pm, even though it was the Labor Day week-end. Green requested that the agenda be kept light for the meeting. OTHER BUSINESS: YOUTH ADVISORY COMMISSION August 26, 2009 Page 3 of 3 The YAC then discussed the filling of slots still open on the Commission. Wahls then asked time be set-aside at an upcoming meeting to discuss whether or not we are truly fulfilling and acting on our mission statement, and a review of the by-laws. Karr suggested that maybe the October meeting would be a good time for that given the request fro a short meeting in September and the possibility of new members joining the Commission by the October meeting. ADJOURMENT: Heywood motioned to adjourn. Gao seconded. The motion passed 4-0. Adjourned 6:05 PM Z O N~ N~ ~O ~ V O w rn ;; U ~ o co 0 0 ~ V ~ c Oz Q oz ~ ~ Q W h H Q O X X X ~ X N X ~ ~ X X ; X ' , ti N N X X X X X ti X X ~ X X ti X ~ X X X ti X X X X X X X ~ X X X X 0 X X X M X X X X X X N X X ~ X X X M X X X X X ' ' ' ~ ~ ~ ~ ~ ~ Z Z Z Z Z ' ' N z z z z ~ ~ z °~° r X X X X 1 p ~ W O ~ i 1 z ` z ` z z 1 z rn 0 rn 0 rn 0 o 0 ~ o ~ rn 0 rn 0 ~ ~ r [~ r r r T r r ~ W H d X W M N .- M N ~ M N ~ M N ~ M N ~ M N ~- M N ~- M N W .~ ~ ~. ~ _ ~ ~ ~ ~ ~ ~ ~1 ;~' ~ 2 ~ ~ --~ ~ Q c~ ~ ~ -~ ~, ,~ ~ _ ~ ~ z ~ L Z ~„~ x = ~ ~ ~ m *. _ ~ ~~'N~r rn ~ a`aaZZ II II ~ II II XOpZ w Y Z O ~~ _~~ ~O ~ U .-. O W rn ,°; U ~ o co o p ~ V ~ c OZ Q ~ Z } ~ Q W F- F=- Q O X 1 1 1 1 X X 1 1 ` 1 1 ~ ~ W d X O O M N O O M N O O M N O \ M N O ~ M N O ~ M N O O M N O O M N W a .~ ~ ~ ~ ~ --~ ~ --~ ~ ~ ~ --~ N ~ _ ~ L //~~y V .~ V W :ir a~i r = N ~ N ~ w+ N aaaZZ II II ~ II II XOpZ W Y DRAFT 09-03-09 IP16 POLICE CITIZENS REVIEW BOARD MINUTES -August 11, 2009 CALL TO ORDER: Chair Michael Larson called the meeting to order at 5:32 p.m. MEMBERS PRESENT: Janie Braverman, Greg Roth (5:37), Abbie Yoder MEMBERS ABSENT: Donald King STAFF PRESENT: Legal Counsel Catherine Pugh and Staff Kellie Tuttle OTHERS PRESENT: Captain Richard Wyss of the ICPD; and Public Dean Able, Caroline Dieterle (5:36) RECOMMENDATIONS TO COUNCIL None CONSENT CALENDAR Motion by Yoder and seconded by Braverman to adopt the consent calendar as presented or amended. • Minutes of the meeting on 06/08/09 • ICPD General Order 99-05 (Use of Force) • ICPD General Order 00-02 (Harassment and Sexual Harassment) • ICPD General Order 00-05 (Off-Duty Conduct: Powers of Arrest) • ICPD General Order 00-07 (Police Cyclist) • ICPD General Order 01-04 (Bomb Threats/Emergencies) • ICPD General Order 08-01 (Conducted Energy Devices) • ICPD Quarterly/Summary Report (Quarter 2) - IAIR/PCRB, 2009 • ICPD Department Memo #09-18 (April-May 09 Use of Force Review) • ICPD P.A.U.L.A. Report -June 2009 Motion carried, 3/0, Roth and King absent. Braverman indicated that for General Order 00-05 (Off-Duty Conduct: Powers of Arrest) section IV(B)(3) there should be a semicolon followed by and to pattern the previous numbers and to also include number four. Braverman also had a question regarding General Order 08-01 (Conducted Energy Devices) section IV(A)(8) and the difference between probe mode and drive stun mode. Wyss explained that the tasers have two options. The probe mode is when a cartridge is fired and a probe is released and sticks into the skin. The drive stun mode is when two metal objects are released they make contact but do not penetrate. Abel asked if the officers have control over which mode is used. Wyss stated that the officers do have control. There is a cartridge that is used with a trigger device when the probes are released. If the cartridge is removed the drive stun mode would be used and the officer must be at a much closer distance. OLD BUSINESS None. Tuttle thanked the out-going Board members (Michael Larson and Greg Roth) for their time and effort while serving on the Police Citizens Review Board. PCRB August 11, 2009 Page 2 NEW BUSINESS Draft of FY09 Annual Report -Minor changes were made to the draft of the annual report. The Board agreed that a member should verify the information given in the report since the report is compiled by staff. Roth volunteered to check the report before his term was over. A second draft with the agreed changes and any discrepancies found by Roth will be distributed at the September meeting. Community Forum -Tuttle suggested that the forum be held after the first of the year in February or March. This would give new Board members time to get familiar with procedures and Board officers would be elected in October. All other local elections would also be over and this would also give students/new residents time to familiarize themselves with the area and local government. Braverman stated that she was hesitant to wait because she has had some contact with members of the public regarding the Deng shooting in July and was reluctant to put off the forum until February or March, or suggested that the Board hold two per year. The Board agreed to tentatively schedule the forum for October. The Board will discuss at the September meeting topics for the forum. Tuttle will check availability of Harvat Hall and have drafts of press releases, agendas, etc that were used last year in the September packet. Larson agreed to meet with the new Board members and go over procedures, by- laws, SOP's, etc. PUBLIC DISCUSSION None. BOARD INFORMATION None. STAFF INFORMATION Tuttle distributed copies of the applications for the two vacancies on the Board. She suggested that if any of the Board members have any input for the Council regarding the applicants they should contact Council members after Thursday when the Council packet comes out and before Monday night. EXECUTIVE SESSION Not Needed. REGULAR SESSION Continued. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • September 8, 2009, 5:30 PM, Lobby Conference Rm • October 13, 2009, 5:30 PM, Lobby Conference Rm • October 2009 (Tenative Forum) TBA • November 10, 2009, 5:30 PM, Lobby Conference Rm • December 8, 2009, 5:30 PM, Lobby Conference Rm ADJOURNMENT Motion for adjournment by Braverman and seconded by Yoder. Motion carried, 4/0, King absent. Meeting adjourned at 6:26 PM. C~ ~~OyC O ~ a' C ~ CD fD ~~o~~ ~ ~ ~ ~ °Q ~ a. -CY G~ t"~ d ~~ n• ~ ~ -°i ~ p ~ ~ ~ ~ ;~ ~° o ~~ ~ fD ~ °" ~ ° ~ a ~ ~ ~ ~ va ~~ ~ o ~ o ~O ~ ~ ~ N b ~ N O ~ ~ ~ ~ ~ w x ~ ~ ~ z o W ~ ~ ~ ~ ~ 0 z z z z z y ra ~/ - i-1 y y a ~ ~ - ~ A yC ~'C ~'C ki ~'C O~ z z z z z ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ F"3 ~, ~ ~ Kd ~~ ~ ~n d o ~ .~ C1 O b 10 l I^~I l l ^~ 1 y ~7 O