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HomeMy WebLinkAbout1997-03-18 Info Packet CITY OF IOWA CITY CITY COUNCIL INFORMATION PACKET March 7, 1997 IP1 IP2 IP3 IP4 IP5 IP6 IP7 IP8 IP9 IP10 IPll IP12 IP13 IP14 IP15 IP16 IP17 IP18 Memorandum from City Manager: Postal Bar Coding - Bulk Mail Costs Memorandum from City Manager: Update on Business Contact Department Memorandum from City Manager: Memorandum from City Manager: Memorandum from City Manager: Pending Development Issues Update on Case File Search United Way Board of Directors Information/Police Memorandum from City Clerk: Meeting Schedule for March, April, May, June, July, and August /0 ~ ~" Letter from Planning and Community Development Assistant Director to Richard Gibson (University of Iowa Facilities Services): Downtown Iowa City Parking Studyl Summary of City Council Decision Making /~'~ Memorandum from Planning and Community Development Assistant Director: Railroad Interchange Relocation Grant ,/~)~(~ Memorandum from JCCOG Executive Director: Spring/Fall Traffic Data Collection Program. /0L// Extension of First Avenue to North Dodge Street Memorandum from Parks and Recreation Director to City Manger: Demo Memorandum from Transportation Planner to Neighborhood Associations in East Iowa City: The Green Machine Sweeper Memorandum from City Engineer to City Manager: Sidewalk Repair Program /¢ ~ Letter from Finance Director to Kimberly Benge (Johnson County Board of Supervisors): Request to Summarize the Actual Payments Made by Johnson County to Iowa City to Utilize the Iowa City Senior Center Land Acquisition for Public Airports (O'Neil) Memorandum to Police Chief from Officer Mebus: T.I.P.S Training Memorandum from Officer Maurer to Sgt. Brotherton: School Visit Letter fi'om Jim Swaim (United Action for Youth) to Police Chief: Shop with a Cop Letter from Gene Tang (Sixth Judicial District Department of Correctional Services)to Police C~,ef~,~(~ Officer Nixon and ICPD March 7, 1997 Information Packet (continued) 2 IP19 IP20 IP21 IP22 IP23 IP24 IP25 IP26 IP27 IP28 IP29 Letter from Iowa City Police Chief and Coralville Police Chief: Invitation Letter to Editor from Amy Spencer: Deer Building Permit Information, February t997 Article: Don't You D.A.R.E. (Baker) Agenda: Johnson County Board of Supervisors March 6, 1997, Formal Meeting Agenda: Johnson County Board of Supervisors March 10, t997, Informal Meeting Iowa City Fire Department Annual Report (Council packets only) Memorandum from City Manager: Meeting with Father Vrba of St. Patrick's Church Memorandum from City Manager: SEATS ICAD President's Report Memorandum from City Manager: Neighborhood Policing (memo Follow-Up Reports - Shaw Shooting Information; from Police Chief). Memo from City Arty. regarding proposed draft of Police Board Ordinance - PCRB (proposed ordinance]~ttached). Citizen Review 1051 I05~ /~.~ /~ City of Iowa City MEMORA NDUM Date: To: From: Re: March 7, 1997 City Council City Manager Postal Bar Coding - Bulk Mail Costs Effective July 1, 1996, the United States Post Office initiated new rates that negatively impacted the City's bulk mailing expenses. The City has been paying approximately $2,000 per month more in postage as a result of not being barcode compatible. It is our intent to proceed with the appropriate software and equipment ($20,000) to be barcode compatible. We will target barcode compatibility for the first run of utility bills on April 29, 1997. When completely implemented in FY98, bulk mailing costs will be 16% less than FY96 as a result of being barcode compatible. Without getting into too much detail, the following represents rates paid for annual bulk mailings which total of 40,000 pieces a year. The City processes by bulk mail Utility and Parking bills as well as Neighborhood Services newsletters. Prior to July 1, 1996: City paid 27.4 cents per piece - City presorted by 5 digit zip-code only = $109,600 estimated annual cost. Since July 1, 1996: City has been paying 29.5 cents per piece = $118,000 estimated annual cost After April 29, 1997: City will pay 23.8 cents per piece. City will presort by 9 digit zip code. The City will verify addresses for accuracy by a nationwide data base software program (CASS Certify) and print barcode on the bills - $95,200 estimated annual cost By July 1, 1997: The City will pay 23 cents per piece. City will sort by 11 digit zip code, to the carrier route, with address verification and barcode - $92,000 estimated annual cost The Review Committee consisted of Blythe Adams, Buyer/Coordinator of Mail Services; Dianna Furman, Customer Service Manager; Susan Whetstine, Information Services Operations Specialist; Leigh SIcan, Information Services Programmer/Analyst and Cathy Eisenhofer, Purchasing Agent. The Review Committee evaluated numerous software/hardware options. Staff will commit a total of 450 hours in design and development of the project. The proposed recommendation will meet the City's needs for many years in these applications as well as others. bc5-1CE City of Iowa City MEMORANDUM Date: To: From: Re: March 6, 1997 City Council City Manager Update on Business Contact Information/Police Department Since the last update, we have received approximately 50 more completed contact letters. Most of these were in response to new letters mailed. There were several buildings where we contacted the management company and got a list of businesses contained within the building. Our next step is to compare the original list with the letters we have had returned and come up with a list of those from whom we have not received any response. bc~t-4SA City of iowa City MEMORANDUM Date: To: From: Re: 1. March 4, 1997 City Council City Manager Pending Development Issues An application submitted by Boyrum Partners for a special exception to permit an auto and truck oriented use on property located in the Community Commercial (CC-2) zone at 1410 Waterfront Drive. An application submitted by Under-A-Grand Used Auto, on behalf of property owners Gerry Ambrose and Greg Apel, for a special exception to permit an auto and truck oriented use on property located in the Community Commercial (CC-2) zone in Wardway Plaza at the southwest corner of Highway I and Riverside Drive. A request submitted by Kevin Kidwell and John Cress to change the location of the one- bay car wash for property located in the Neighborhood Commercial (CN-1) zone at 370 Scott Court. tp2-1 1035- City of Iowa City MEMORANDUM Date: March 5, 1997 To: City Council From: City Manager Re: Update on Case File Search We are now up to file #3331. There have not been any weapon drawn occurrences since the last update. tp3-1 /03 City of Iowa City MEMORANDUM Date: To: From: Re: March 7, 1997 City Council City Manager United Way Board of Directors I have been requested to serve a second three-year term on the United Way Board of Directors. I have accepted this appointment. jw/unitedwy.sa /o3' City of Iowa City MEMORANDUM DATE: TO: March 6, 1997 Mayor and City Council REVISION #7 FROM: Marian K. Karr, City Clerk/~'~ RE: Meeting Schedule for March, Apdl, May, June, July and August At your meeting of March 3 the following meeting schedule was agreed to: Saturday, March 15 - Special Work Session - 8:30 a.m. - Noon (Police'Procedures/PCRB) Monday, March 17 - Special Work Session- 7:00 p.m. Tuesday, March 18 - Special Formal- 7:00 p.m. Wednesday, March 19' - Joint Meeting with Library Board - 5:00 to 7:00 p.m. Tuesday, April 1 - Special Work Session - 2:00 p.m.-5:00 p.m. (Police Procedures/PCRB) Wednesday, Apdl 2+ - Joint Meeting County Board of Supervisors - 4:00 p.m.-6:00 p.m. Monday, Apdl 7 - Regular Work Session - 7:00 p.m. Tuesday, April 8 - Regular Formal - 7:00 p.m. Monday, Apdl 21 - Regular Work Session - 7:00 p.m. Tuesday, Apdl 22 o Regular Formal - 7:00 p.m. Monday, May 5 - Regular Work Session - 7:00 p.m. Tuesday, May 6 - Regular Formal - 7:00 p.m. Monday, May 12 - Special Formal/Exec. Session (Evaluations) - 7:00 p.m. Tuesday, May 13 - Special Formal/Exec. Session (Evaluations) - 7:00 p.m. Monday, May 19- Regular Work Session -7:00 p.m. Tuesday, May 20 - Regular Formal - 7:00 p.m. Monday, June 2 - Regular Work Session - 7:00 p.m. Tuesday, June 3 - Regular Formal - 7:00 p.m. Monday, June 16 - Regular Work Session - 7:00 p.m. Tuesday, June 17 - Regular Formal - 7:00 p.m. Monday, June 30 - Regular Work Session o CANCELED Tuesday, July 1 - Regular Formal - CANCELED Monday, July 14 - Regular Work Session - 7:00 p.m. Tuesday, July 15 - Regular Formal - 7:00 p.m. Monday, July 28 - Regular Work Session - 7:00 p.m. Tuesday, July 29 - Regular Formal - 7:00 p.m. 103 ' Page 2 Revised Schedule #7 Monday, August 11 - Regular Work Session - CANCELED Tuesday, August 12 - Regular Formal- CANCELED Monday, August 25 - Regular Work Session - 7:00 p.m. Tuesday, August 26 - Regular Formal - 7:00 p.m. Regular two week schedule resumes. * Meeting tentatively set for Room A of the Public Library + Location to be determined All meetings are scheduled for the Council Chambers unless noted otherwise. Please mark these dates on your calendars. cc: City Manager City Attorney Department Directors cclerk/schedule.doc · March 4, 1997 Richard E. Gibson Associate Vice President and Director of Facilities Services 416 North Hall The University of Iowa Iowa City, IA 52242 CITY OF I0 WA CITY Re: Downtown iowa City partdng study; summary of City Council decision making Dear Dick: We have recently completed our downtown parking discussions with the City Council. Attached you will find a brief summary of their decisions. We believe the action taken by the City Council will have an overall positive benefit on the University's facilities adjacent to downtown. Of great significance is the City Councirs determination of where we should be planni'ng the next major downtown parking facility. Their first priority site' includes the half-block occupied by the Eastlawn Building, as well as the Ecumenical Towers parking lot, and the Senior Center parking lot. The Kent Building and Cottage Bakery Building may also be part of this site, although Council did ask us to evaluate if the site would work without displacing these properties. Council's second choice is the half-block which includes the UI parking lot at the corner of Gilbert Street and Iowa Avenue, and the Old Music Building located along Jefferson Street. The City Council is well aware that either of these sites would displace University facilities, and it was their desire to see the existing facilities relocated into the first and second floors of the new structure. From the discussions with you about Eastlawn, it appears there may be some interest on the University's part in establishing a new building for the functions contained in Eastlawn. As you will note on page 41 of the parking study final report, it is intended to construct the proposed facility in the year 2003. This gives us adequate time to begin discussions and conduct the necessary planning and programming activities with the University over the next five year period. Please let us know at your earliest convenience how you would like to commence this process. We believe this is an exciting project which can be completed to the mutual benefit of the City and the University. Sincerely, Jeff Davidson, Asst. Director Dept. of Planning and Community Development Joe Fowler, Director Dept. of Parking & Transit cc: City Council Mary Sue Coleman Steve Atkins Karin Franklin David Schoon Dave Ricketts iccogtp\gibson.ltr 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-5009 City of iowa City MEMORANDUM Date: March 6, 1997 To: City Council From: Jeff Davidson, Asst. Director of Planning & Community Development Re: Railroad interchange relocation grant We were pleased last Tuesday to be informed by Iowa DOT that we have been awarded $1.1 million in Clean Air Attainment Program grant funds for our railroad interchange relocation project. This project will relocate the interchange between the Iowa Interstate Railroad and the Cedar Rapids and Iowa City Railway (CRANDIC) from its current location in south Iowa City to a location in the Amana colonies. The relocation of the interchange will significantly reduce arterial street railroad crossing blockages in south Iowa City. The current blockages, which occur six days a week primarily during late afternoon and evening hours, are a result of the two railroads interchanging cars with each other. Iowa DOT concurred with our grant application, which stated there would be a significant reduction in pollutants from idling motor vehicles if the interchange was relocated. There have been several questions pertaining to exactly what the impact of the interchange relocation project will be. The interchange relocation will not make trains disappear from Iowa City. Iowa Interstate and CRANDIC are both valued corporate citizens of our community who provide a very important transportation resource to our local industries. Iowa Interstate Railroad has its general offices and maintenance shop located in Iowa City, and they employ approximately 86 people. Both railroads have assured us that their commitment to our community remains as strong as ever. Iowa Interstate will continue to operate east-west trains daily along their mainline track. Fortunately many of Iowa Interstate's crossings are grade-separated; there are at-grade crossings at Greenwood Drive, Dubuque Street, Clinton Street, First Avenue, and Scott Boulevard. CRANDIC will continue to provide service to the shippers they serve in the community. Iowa Interstate and CRANDIC have stated they will continue to maintain the old interchange track between Kirkwood Avenue and Highway 6 so that it can be used in emergency situations. The significant impact of the interchange relocation project will be the reduction in slow moving, interchange trains between the two railroads during evening hours. This will create a noticeable improvement in arterial street blockages of Burlington Street, Gilbert Street, Kirkwood Avenue, and Highway 6. We will receive a grant contract from Iowa DOT within a few weeks, and at that time commence discussions with the railroads on a construction schedule. There is also the matter of the $100,000 in requested grant funds which we did not receive. We will discuss with the railroads how this impacts the project, and how it needs to be resolved. Let me know if you have any questions. bc4-1JD /oqo :..CCOG memo Date: To: From: Re: March 4, 1997 City Council Jeff Davidson, Executive Director Spring/fall traffic data collection program The JCCOG Transportation Planning Division has organized an intensive traffic data collection effort which will be conducted this spring and fall. The data collected will support the following efforts: 1. The City of Iowa City's neighborhood traffic calming program. 2. The City of Iowa City's neighborhood "Check your Speed" program. 3. Ongoing requests for traffic data from neighborhood associations and the public. Requests for assistance from the Engineering Division on the proper design of programmed CIP projects. 5. Traffic signal warrant studies. We have a relatively small window of opportunity to work with, as the data we need to collect must be recorded during the higher traffic times of year when the University is in session, but not during snowfall season. We will be focusing our intensive data collection efforts during March and April, and September and October. The fall program will also include locations in Coralville and North Liberty. Our data collection efforts will be enhanced by new magnetic imaging traffic counters we have acquired. These devices look like a shoebox lid, and are placed in each travel lane of the street being counted. The magnetic imaging counter detects a vehicle passing overhead, and can calculate traffic volume, vehicle speed, and type of vehicle. JCCOG Traffic Engineering Planner Doug Ripley has experience in working with the magnetic imaging counters from his previous job. We believe the new traffic counters will give us superior information compared to the old tube counters, although we may augment our efforts with the tube counters if necessary. Please let me know if you have any questions about our traffic data collection effort. cc: Steve Atkins Rick Fosse Doug Ripley Marcia Klingaman bcl-7JD.mmo City of Iowa City MEMORANDUM Date: February 26, 1997 To: Neighborhood Associations in East Iowa City From: Jeff Davidson, Transportation Planner '~// Re: The extension of First Avenue to North Dodge Street The extension of First Avenue to North Dodge Street has been planned by the City of Iowa City for many years. In recent budget discussions the City Council decided to implement this project in the 1998 construction season. During 1997 City staff is designing the new road and acquiring the property necessary for construction. This project will be done in conjunction with the exten- sion of a water main from the new water treatment plant north of 1-80 to the Rochester Avenue water storage facility. As shown in the attached figure, this street extension is part of an overall arterial street plan for northeast Iowa City. The hatch-marked area shows what is planned for 1998. As you can see, this project is actually two separate roads; the extension of First Avenue, and a section of a new east-west arterial street. Our current design activities are attempting to determine where the new road should be constructed in order to minimize the impact on the environment, while adhering to our arterial street design standards to insure safety. The extension of First Avenue to North Dodge Street will serve several purposes. It will provide a more direct route for traffic to circulate north and south in east Iowa City. It will have a positive impact on improving emergency vehicle (police, fire, ambulance) response time in northeast Iowa City. Northeast Iowa City has been documented as having the poorest emergency vehicle response time in the community, due largely to the lack of arterial street continuity in the area. If Iowa City is to grow in a compact and contiguous fashion, then the extension of First Avenue is the next logical arterial street in northeast Iowa City. The extension of First Avenue will also provide better pedestrian and bicycle access in northeast Iowa City, as the new street will have an eight foot sidewalk on one side and a four foot sidewalk on the other side. There will also be improved efficiency in Iowa City Transit routing. The extension of First Avenue will allow a single Iccp transit route to cover both the Rochester and North Dodge service areas. As we design this project, we are also examining the existing portion of First Avenue. There is extensive use of this corridor by school children, and the City is sensitive to the impact on residences along First Avenue. There are currently no plans for any widening of First Avenue north of the recently completed construction project near the proposed new Hy-Vee in Towncrest. We will, however, be examining the First Avenue intersections with Rochester Avenue, Washing- ton Street, Court Street, and Friendship Street. We will be determining what, if any, improve- ments are needed to each of these intersections to ensure vehicular and pedestrian safety. 2 In the upcoming construction season we will be finishing up last year's First Avenue recon- struction project between D Street and Muscatine Avenue, and commencing the reconstruction of First Avenue between Muscatine Avenue and Bradford Drive. The project between Muscatine Avenue and Bradford Drive will add a center turn lane similar to what was constructed last year north of Muscatine Avenue, and improved sidewalks between Wayne Street and Bradford Drive. I believe the City Council's overall goal for the First Avenue corridor is to improve vehicular access within east Iowa City, allow northeast Iowa City to grow in a compact and contiguous fashion, and improve pedestrian and bicycle safety throughout the corridor. The City Council has already indicated that they intend to implement a prohibition on large trucks on First Avenue once it is extended. Feel free to contact me or Marcia Klingaman if you have any questions. CC: City Council Marcia Klingaman Jccogadm\lstave.mmo Northeast Iowa City Arterial Street Extensions (IOWA CITY CORPORATE LIMITS) I -- SCOW BOULEVARD North of 1-80 1998 Construction Season, / I '. . i i j-~ i ~ ~/ .-i'"'..~-- BRIDGE "~t i/'~ ~%~,~ ~ ~ ACT Driveway / ~ ~ SCO~ BOULEVARD , ,'. , ...... -~-~,,, ,.~ , __ j ~ [ E-WA~erial to 1-80 ~ ~.~..~ FIRST AVENUE--~' ~ / ~~~ ~ Roo~estarto E-WA~erial ,, I ';' '%' '% % ~ Feb. 1997 ~ f:~shared~engineer~maps~ne_ad~ CITY OF IOWA CITY PARKS AND RECREATION DEPARTMENT MEMOl~NDUM TO: FROM: DATE: RE: city Manager Parks & Recreation Director March 5, 1997 Green Machine Sweeper Demo The scheduled demonstration of Applied Sweepers' Green Machine had to be changed once again. It is now scheduled for Thursday, March 13 at 10:00 a.m. in City Plaza. City of Iowa City MEMORANDUM Date: February 25, 1997 To: Steve Atkins From: Rick Fosse Re: Sidewalk Repair Program The Engineering Division is expanding its program for the inspection and repair of deteriorated sidewalks which can be a hazard to pedestrians. It is planned that all sidewalks in the City will be inspected over a ten (10) year period by dividing the City into ten (10) geographical areas and concentrating on one area per year. The inspection of sidewalks in the first geographical area will begin in the Spring of 1997 and will encompass the area south of Highway 6 and east of Gilbert Street. The Engineering Division will also continue to inspect sidewalks on a complaint basis throughout the City. In addition to providing improved safety to pedestrians, the expanded program will eliminate the "hit and miss" problems associated with the old program and should help reduce the City's exposure to liability claims. Because of this change in procedures, there will be a substantial increase in the number of sidewalks cited for repair. Therefore, the Engineering Division has applied for $5,000 in CDBG funds to help very low income households fund the cited repairs and to minimize undue hardships. The end result of the sidewalk repair program will be safe and accessible sidewalks for all pedestrians in the City, especially for the elderly and persons with disabilities. City of iowa City MEMORANDUM DATE: January 24, 1997 TO: Don Yucuis, Finance FROM: Leigh Lewis, Finance RE: Claims history relating to sidewalk repairs In response to your inquiry, eleven claims have been filed against the City of Iowa City slnoe 1986 due to sidewalk related injuries. Of these files four were denied, five were administratively closed, and eleven were settled with a total payout of $55,882.64. One file remains open from March of 1995 and is currently being handled by the City Attorney's office. They estimate a total claim of up to t~45,000. March 5, 1997 Kimberly Benge Johnson County Board of Supervisors 913 S. Dubuque St. Iowa City, IA 52240 CITY OF I0 WA CITY Re: Request to Summarize the Actual Payments made by Johnson County to Iowa City to utilize the Iowa City Senior Center. Dear Kimberly: Per your request I am attaching a schedule based on the 28E Agreement that shows the analysis of the Johnson County payments to Iowa City to utilize the Senior Center for Fiscal Years (FY) 1987 through 1996, including the FY 97 Budget and FY 98 proposed. Below is a summary of the schedule: Column C is the Adopted Budget; Column F is the 20 % JohnSon County share based on Column C. Column D is the actual fiscal year expenses for the Senior Center Column E is the Difference between the Adopted Budget (Col. C) and the Actual (Col. D) Column H is 20 % of Actual expenses (Col. D) Column I is the difference between 20% of the Adopted Budget (Col. C) and Actual (Col. D) - ten year accumulation of $10,496. If the 28E contract was based on actual expenditures at year end, then Johnson County would have paid a total of $10,496 less over the ten year period from FY 1987 to 1996 or approximately $1,050 less per year. Please call me if you have any questions or need additional information. Sincerely, . Donald J..YLLc~u!~ Finance DirectoY Copy: City Council City Manager 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356-$000 · FAX (319) 356-5009 A FY- 98 FY- 97 FY- 96 FY - 95 FY- 94 FY - 93 FY- 92 FY - 91 FY- 90 FY - 89 FY- 88 FY - 87 B Projected Budget Actual Actual Actual Actual Actual Actual Actual Actual Actual Actual CITY OF IOWA CITY SENIOR CENTER BUDGET AND JOHNSON COUNTY SHARE FOR FISCAL YEARS 1987 THROUGH 1998 c D E F G H County Difference Share- St. Center Total between 20% of Adopted Sr. Center Adopted Budget Original %Chg 20% of Budget Actual and Actual Budget to County Actual 541 383 533 213 474 325 443 486 418 389 391 182 379 615 340 476 285 167 299 804 230 482 220,618 452,181 22,144 418,768 24,718 389,287 29,102 366,748 24,434 338,624 40,991 343,590 (3,114) 299,534 (14,367) 296r500 3,304 284,865 (54,383) 220,872 (254) 108,277 106,643 94,853 89.135 79 245 78236 75 912 68095 57 033 59 961 46 096 44124 1.53% 12.43% 6.42% 12.48% 1.29% 3.06% 11.48% 19.40% -4.88% 30.08% 4.47% 90.436 83 77 73 67 68 59 59 56 44 754 857 350 725 718 907 3O0 973 174 Difference between 20% of Adopted Budget and 20 % of Actual 4,417 5,381 1,388 4,886 8,187 (623) (2,874) 661 (10,877) (5o) Total difference over 10 year pedod ............> 10,496 Z [] <~ Z ;, __ ~E '~ o E II I 0 0 X ',, / ,, y" ?, ~0~. 0 MEMORANDUM TO: FROM: RE: DATE: Chief R.J. Wink~ FEBRUARY 23, 1997 The ICPD completed another TIPS Training Session on Sunday February, 23, 1997 at the Civic Center. We had 13 attendees. The group represented the Union Bar. There is still an interest by the Fieldhouse Bar, Bo-James, and Vitos to train additional employees in the up coming weeks. I'll keep you advised. IOWA CITY POLICE DEPARTMENT 410 EAST WASHINGTON STREET, IOWA CITY, IOWA 52240 (319) 356-5275 · FAX # (319) 356-5449 TO: Sgt. Brotherton FROM: Officer Larry Maurer REF: School visit DATE: March 3, 1997 At your request I visited Ms. Shields music class at Northwest Junior High School for the second period today. Ms. Shields and her students are working on electric keyboards, guitar, bass, and drums. Her enthusiasm and the student's curiosity were a great mix. The students broke up into several groups learning to play the different instruments and sing like a real band. At first I observed then pitched in to sing Louie, Louie and Twist & Shout with several of the groups. There were a lot of smiles and laughter that was no doubt due to my "natural" voice (complete with head cold)! I'm still not sure if the Twist & Shout group liked it better after I figured out I needed to turn the microphone on!! Get inuolued with our exciting learning experiencel NorthWest Junior High School General Music classes, with runcling from the General Mills Foundation and generous support (rom West Music Company, is beginning to explore electric musical instruments. This study allows every student the opportunity to play several instruments. We invite you to get involved in our project. Your time is valuable but we think this is an opportunity you should not miss. Ways you could be involved: · Circulate through the instrument labs encouraging student efforts; · Tak:e pictures or video. We will prouide equipment. · if you are knowledgeable in music or can play bass, guitar, Keyboard, drums, sing or use a 4 track mixer/recorder you could be .very useful in helping the students as they work. If you want to try out the instruments or get into the mixing and recording process you are welcome to make arrangements to come in, visit with me and chec!~ out the equipment prior to your classroom visit. · WE NEED DRIVERS! Students will also tour West Music Company on Wednesday, March 5 FOR "CAREER EXPLORATION DAY" -Thu. rsdayt February 28 Friday, February 21 Friday, February 28 MOnday, March 3 .T_u. esday, March 4 Wednesday, March ~ ~.~ THE PLAN exploring1 instrument iab~ exploring instrument labs rehearsing with a small ,q.ro.up final rehearsals ~qrou. pS share work with the class [our or West Music Company "Career EHploration Day" THE DAILY SCHEDULE Period MDn., Tues., Wed,, Fri. Thursday (early release) 1 8::3:3~9;16 . B;3B-9:86 2 g:20-18:11~3 9:18-9:46 5 12:11 -1 2:52 1 1:41t-I 2:14 6 I Z:511-1:41 ! Z:2B- I 2:56 7 I :45-2:28 1:1111-1:36 8 2:~2-3:15 1:48-2:16 If you are interested in joining us, f~ I In the back side of this sheet, save the top half for reference and send the bottom half to General Music class with your student. If you can drive please call Janice Shields at Northwest for detailsl 339-68:27 ADMINISTRATION William G. Faches Center 951 29th Avenue S.W. Cedar Rapids, Iowa 52404 (319) 398-3675 FA~ (319) 398-3684 LINN COUNTY OFFICES [] ProbationfParole/ISP/ Sex Offender Programf~A~C/ Coremrarity Service/Volunteer Assistance William G. Faches Center 951 29th Avenue S.W. Cedar Rapids, Iowa 52404 (319) 398-3675 FAX: (319) 398.3684 PretriaFTASC/PSI [] Linn County Correctional Center, 2nd Floor 53 3rd Avenue Bridge, P.O. Box 74740 Cedar Rapids, Iowa 52407 (319) 398-3474 FAX: (319) 398-4081 Human Resource Center [] Education/Job Trainingfl~eatment 901 29th Avenue S.W. Cedar Rapids, Iowa 52404 (319) 398-3907 Community Corrections Center [] 1021 3rd Avenue S.E. Cedar Rapids, Iowa 52403 (319) 398-3668 FAX: (319) 398-3671 Lary A. Nelson Center [] 1001 29th Avenue S.W. Cedar Rapids, Iowa 52404 (319) 398-3600 JOHNSON COUNTY OFFICES [] 2501 Holiday Road Coralville, Iowa 52241 (319) 351-5500 FAX~ (319) 351-8633 Hope House [] 2501 Holiday Road Coralville, Iowa 52241 (319) 351-1090 JONES COUNTY OFFICE [] Jone~ County Courthouse Anamosa, Iowa 52205 (319) 462-2503 TAMA COUNTY OFFICE [] 105 E. Carleton Toledo, Iowa 52342 (515) 484-4822 FAX: (515) 484-2683 IOWA COUNTY OFFICE Iowa County Courthouse [] P.O. Box 365 Marengo, Iowa 52301 (319) 642-3145 FAY~ (319) 642-3145 BENTON COUNTY OFFICE [] P.O. Box 454 114 E. Fourth Street Vinton, Iowa 52349 (319) 472-5585 FAX: (319) 472-5586 Sixth Judicial District Department of Correctional Services [] January 23, 1997 Chief R.J. Winkelhake Iowa City Police Department 4410 East Washington Street Iowa City, IA 52240 Dear Chief Winkelhake: On September 18, 1996, a felon supervised by this agent was arrested by Bettendorf, Iowa, detectives. This individual has a lengthy criminal history, spanning approximately 20 years and consisting of numerous convictions ranging from burglary to the trafficking of narcotics. This felon had absconded from intensive parole supervision in August, 1996. At the time of his disappearance, he was the subject of an investigation by local and federal narcotics task force personnel. Subsequent to arrest, he was revoked and returned to prison. Crucial to the apprehension and arrest of this individual was the police work undertaken by Iowa City Police Officer Dave Nixon. In spite of the fact the offender had been missing for several weeks, Officer Nixon endeavored to locate this individual at the last known address. In doing so, Officer Nixon ii] acted upon information provided by the offender's former neighbors and contacted this agent. The intelligence generated by Officer Nixon directly lead to the location and arrest of this absconder. It is noteworthy, in the absence of these efforts, this individual would likely still be at large, continuing to traffic narcotics. 'On behalf of the Sixth Judicial District Department of Correctional Services, please accept our sincere appreciation for the efforts of Officer Nixon and the Iowa City Police Department. We have the opportunity to work with law enforcement agencies ranging from local to federal levels, and the professionalism of your department always places them front and cbnter. Sincerely, Gene Tang Parole/Probation Officer III /dm IOWA CITY POLICE DEPARTMENT CORALVILLE POLICE DEPARTMENT March 5, 1997 Mayor Naomi Novick 306 Mullin Iowa City, IA 52246 Dear Mayor Novick, Next Wednesday, March 12, 1997, the Iowa City and Coralville Police Departments are cosponsoring a multimedia presentation hosted by West High School. The presentation is entitled, "TODAY NOT TOMORROW," and challenges teenagers to make positive choices in life. "TNT" uses three large screens, clips from current movies, sports and contemporary music to get the message across. We would like to invite you to attend this special showing at 7:00 PM in the West High Auditorium next Wednesday, March 12th. Several area schools will be using this program for special assemblies next week° The Iowa City Schools could not get it scheduled during the day, so this special evening presentation will be made available for all area students in grades 7-12, plus community leaders and service providers specializing in dealing with young people. We hope that you will be able to attend in order to view the presentation and to show our local teens that community leaders are supportive of this type of program. For more information, please feel free to contact Paul S. Breitbach, West High Counselor, at 339-6817. Sincerely, Chief of Police Iowa City Coralville Same letter addressed to each Council Member Letter to the Editor, 3-1-97 The Press-Citizen article regarding too many deer, is just one more written on this subject. People take great joy in complaining about these creatures. It occurred to me that in the article, the word human could have been substituted for the word deer... A spot check of the Iowa City-Coralville human population has provided proof of what some wildlife species have been saying for months: There are too many humans here! Not only are humans damaging property, they are also altering the regional habitat. Certainly, if the deer could speak, this would be only part of their complaints. In the name of city growth and development, we have continued to encroach on the land that the deer and the other wildlife have called home. One city councilor recently reported, that because of the deer, his "friends backyard looked like a pig lot." I would like to take this councilor for a walk into the woods and show him the garbage, the old tires, even an old toilet, thrown in this area by humans. I'd show him where there used to be trees, but they were cut down. I'd show him where there used to be corn fields, pastures and meadows, but now there are condominiums and homes. For years I have encouraged the city council to consider humane ways to handle the deer situation, before it got to the point where there would be "controlled" killing. Deer management strategies need to become considerably more sophisticated. I am convinced, as a life long resident of Iowa City, that our city can find a humane way of dealing with this situation. I believe that our city can become an example of beauty for other cities to follow. Amy Spencer 2000 N. Dubuque St. Iowa City, IA. 52245 Amy L. Spencer (formerly Amy Wilcox) 358-8688 Steve Atkins CITY OF I0 WA CITY BUILDING PERMIT INFORMATION FEBRUARY 1997 KEY FOR ABBREVIATIONS Type of Improvement: ADD Addition ALT Alteration DEM Demolition GRD Grading/excavation/filling REP Repair MOV Moving FND Foundation only OTH Other type of improvement Type of Use: NON RAC RDF RMF RSF MIX OTH Nonresidential Residential - accessory building Residential - duplex Residential - three or more family Residential - single family Commercial & Residential Other type of use building. rpt Pa~e: 1 Date: 03/05/97 Prom: 02/01/97 To..: 02/28/97 CITY OF IOWA CITY EXTRACTION OF BUILDING PERMIT DATA FOR CENSUS BUREAU REPORT Permit Applicant name Address Type Type Stories Units Valuation No. Impr Use ========== ==================== ======================================== ==== ==== ======= ===== BLD97-0070 GRINGER FEED & GRAIN 2144 OLD HIGHWAY 218 S ADD NON 2 0 $ 40000 687SF SECOND STORY ADDITION ADD NON permits: 1 $ 40000 BLD97-0067 ROY TOMPKINS 516 3RD AVE ADD RAC 1 0 $ 750 8'X 25' ADDITION TO GARAGE ADD RAC permits: 1 $ 750 BLD97~0066 JOHN & ERIS FERGUSON 14 NORWOOD CIR 12' X 21' ROOM ADDITION ADD RSF 1 0 $ 27500 BLD97-0065 DAVID GEBPLARD 1110 WASHINGTON ST ADD RSF 0 0 $ 250 WOOD DECK AND STEPS ADD RSF permits: 2 $ 27750 BLD97-0018 BLOCKBUSTER VIDEO 1705 BOYRLTM ST INTERIOR FINISH(BLOCKBUSTER VIDEO) ALT NON 1 0 $ 65000 BLD97-0048 FLANAGAN-BAL 1101 S RIVERSIDE DR ALT NON INTERIOR FINISH, ADD BATH, CONVERT PARTIAL STORAGE AREA TO AUTO-TRUCK ORIENTED USE 1 0 $ 45000 BLD97-0053 BLOOMING PR3tIRE 2340 HEINZ RD WAREHOUSE OPERATIONS OFFICE REMODEL ALT NON 0 0 $ 17800 BLD97-0063 JOHN ROFFM3%N 2346 MORMON TREK BLVD INTERIOR FINISH OF OFFICE BATHROOMS ALT NON 0 0 $ 10000 BLD97-0060 RTL MANAGEMENT 1578 S 1ST AVE REMODEL AIQD EXPAND BAR AREA ALT NON 0 0 $ 7000 BLD97-0061 FR3%NK BOP~AN 121 N LINN ST REMOVE DOOR A/qD WALLS AND INST~JuL NEW DOORS A_LT NON 0 0 $ 2135 BLD97-0044 E.J. HUFF 2930 INDUSTRIAL PARK RD INSTALL INTERIOR PARTITION ALT NON 1 0 $ 2000 BLD97-0052 ANN KARLBERG & 228 S CLINTON ST ALT NON 0 0 $ 2000 RICHARD YOCK INTERIOR REMODEL ALT NON permits: 8 $ 150935 BLD97-0047 RAVINDER TICKU 530 WASHINGTON ST kLT RDF ADDITION OF FIRE ESCAPE, EGRESS WINDOWS, DORMER, AND INTERIOR STAIRWAY 0 0 $ 12500 Page: 2 Date: 03/05/97 ~rom: 02/01/97 To..: 02/28/97 CITY OF IOWA CITY EXTRACTION OF BUILDING PERMIT DATA FOR CENSUS BUREAU REPORT Permit Applicant name Address Type Type Stories Units Valuation No. Impr Use BLD96-0691 CHARLES HEATH 931 N DODGE ST ATTIC FINISH AND DORMER ADDITION ALT RDF 2 0 $ 10000 BLD97-0004 R3~NDY TRCA 1909 MUSCATINE AVE ALT RDF 0 0 $ 525 REPLACE BEDROOM WINDOW TO MEET EGRESS ALT RDF permits: 3 $ 23025 BLD97-0062 PHI GAMMA DELTA 303 ELLIS AVE ALT RMF 0 0 $ 8300 FPJ%TERNITY REMOVE STORAGE ROOM WALLS AND ADD BEAM AND SOFFITS ALT RMF permits: 1 $ 8300 BLD97-0014 BILL & LISA GROVES 63 DURA/NGO PL BASEMENT BEDROOM AND REC. ROOM FINISH ALT RSF 0 0 $ 14000 BLD97-0055 KEN WILLIAMSON 1017 VILLAGE GREEN BLVD S.F.D. BASEMENT REMODEL ALT RSF 0 0 $ 11600 BLD97-0057 CINDY PARSONS 1131 WASHINGTON ST CREATE OPENING IN BEA~RING WALL ALT RSF 0 0 $ 1500 BLD97-0078 GARY HUGHS 409 BOWERY ST ALT RSF 0 0 $ 300 ADD WALL TO MAKE BEDROOM ALT RSF permits: 4 $ 27400 BLD97-0054 HY-VEE/WEITZ 812 S 1ST AVE NEW NON 1 0 $ 3400000 CONSTRUCTION CO 66766SF GROCERY STORE NEW NON permits: 1 $ 3400000 BLD97-0025 LAKESIDE APARTMENTS 2401 HIGHWAY 6 EAST NEW RAC 1 0 $ 12000 39'x 23' LAUNDRY FACILITY NEW RAC permits: 1 $ 12000 BLD97-0069 EAST HILL 2327 CATSKILL CT NEW RDF 2 2 $ 149649 DEVELOPMENT DUPLEX WITH TWO CAR GARAGES NEW RDF permits: 1 2 $ 149649 BLD97-0030 DUFFY BUILDERS 4542 CANTERBURY CT S.F.D. WITH 3 CAN GARAGE NEW RSF 2 1 $ 237434 Page: 3 Date: 03/05/97 ~rom: 02/01/97 To..: 02/28/97 CITY OF IOWA CITY EXTRACTION OF BUILDING PERMIT DATA FOR CENSUS BUREAU REPORT Permit Applicant name Address Type Type Stories Units Valuation No. Impr Use BLD97-0031 B & H BUILDERS 4002 LAREDO DR S.F.D. WITH T~REE CAR GARAGE NEW RSF 2 1 $ 217500 BLD97-0049 MARK JOHNSON 1006 ARLINGTON DR S.F.D. WIT~ THREE CAR GARAGE NEW RSF 2 1 $ 211440 BLD97-0059 JEFF STREITZ 4753 INVERNESS CT S.F.D. WITH TWO CAR GARAGE NEW RSF 1 1 $ 134525 BLD97-0068 VILLAGE PARTNERS 1441 CHAM2~ERLAIN DR NEW RSF 1 1 $ 112747 S.F.D. WITH TWO CAR GARAGE NEW RSF permits: 5 5 $ 913646 BLD97-0051 STEVE HIRT 1117 S 1ST AVE REP RAC 0 0 $ 1900 GARAGE REPAIR REP RAC permits: 1 $ 1900 BLD97-0001 CHARLES SCHIELE 711 WESTGATE ST REP RDF 0 0 $ 2000 RECONSTRUCTION OF 13'-6" X 12'WOOD DECK REP RDF permits: 1 $ 2000 BLD97-0064 JOAN BEDDOW 636 S JONNSON ST REP RMF 0 0 $ 4000 REROOF 13 UNIT APARTMENT REP RMF permits: 1 $ 4000 BLD97-0056 JOHN GERBER 359 MAGOWAN AVE KITCHEN FIRE REPAIR REP RSF 0 0 $ 8400 BLD97-0058 J P MECIAANICAL 936 WASHINGTON ST REP RSF 0 0 $ 1000 S.F.D. FOUNDATION REPAIR AND BATHROOM REMODEL REP RSF permits: 2 $ 9400 TOTALS 7 $ 4770755 My Valentine: How the GOP Came to Love the Clinto,n: D :on't- II'T"II'II"TI"'"111 OOOTIO Prevention Program Doesn't,' Say So, d Better Not , ii! N GLASS An anti-drug program strong-arms its critics. 0N'T YOU D.A.R..E. By Stephen Glass t'~ n January 28, 1991, at 4 p.m., 10ftear-old Darrin Davis, of Douglasville, Georgia, returned from school to his suburban home. Both of Darrin's k,~ parents were at work, and he let himself in. He immediately went to his parents' bedroom to call his mother, who wouldn't be home for another two hours. After talking to her on the phone, Darrin began search- ing the bedroom for candy; his parents often hid sweets there. He found none. Instead, after climbing on top of a chair, Darrin saw a white powder on a small makeup mirror. At that point, Darrin would later say, he thought of something he had recently been taught in school. Dar- rin's fourth-grade class had been visited by a police offi- cer under the auspices of the Drug Abuse Resistance Education program, or DA~, as it is known. One of the things the DAP, Z officer had told Darrin and his class- mates was that they should inform the police if they ever saw anyone--including their parents--use drugs. The kids were shown a video that reinforced the point. Although Darrin had never seen either of his parents use drugs, he decided, based on what he had learned in DARE, that the substance on the mirror was powdered cocaine. So he did what the DARE officer had told him to do: he called 911 and turned in his parents. Two hours later, when the Davises returned home, they were hand- cuffed and arrested while Darrin watched. A police offi- cer put his hand on Darrin's shoulder, and told the boy he had done "the right thing." Darrin's father spent the next three months in jail, much to Darrin's surprise and dismay. "I thought the police would come get the drugs and tell them that drugs are wrong," the boy told a local reporter. "They never said they would arrest them. It didn't say that in the video." When the sheriff's office told the boy he was too young to visit his dad in jail, Dar- rin set the neighbors' house on fire, causing $14,000 in damages. '2 asked him why he did it," Darrin's mother said. "He said he wanted to be put in jail with his daddy." As it turned out, the substance on the mirror was not cocaine. The Davises' lawyer says it was a small amount of speed. Both the Davises were charged with simple pos- session. Ultimately, the Georgia Supreme Court ordered the charges dropped, primarily on the grounds that the police had improperly searched the Davis home. The damage, though, was done. Darrin's telephone call de- stroyed his family. Heavy media coverage of the 10-year- old who had turned in his own parents ruined the Davises' reputation. Legal fees nearly bankrupted them, and they came close to losing their home. They filed for divorce shortly after the criminal charges were dropped. In January 1994, James Bovard, a freelance writer, wrote an account of the Davis case for The Washington Post's prestigious Sunday Outlook section. Bovard used the case to criticize DARE for "turning children into infor- mants" in the war on drugs. Although Bovard had called r>Am~ to get the organization's comment, D/WIn officials had declined to talk more than briefly. Jefferson Morley, an assistant editor at Outlook who handled Bovard's col- umn, edited the piece and faxed the edited copy to Bovard. The piece remained extremely critical of DARE. On the fax, Morley scribbled a note: 'Jim: ok?" Bovard called Morley and approved the piece as edited. On Sunday morning, January 30, Bovard picked up the Post and read his story. He was astonished to read, in- serted into the piece and under his byline, six paragraphs that he had not written--that, indeed, he had never seen. The paragraphs ran counter to the thrust of the column, calling the case against DARE "murky." Far worse, the new paragraphs said "there was evidence" Darrin's parents were not only drug users, but "were also involved in drug trafficking, thus putting their child at risk." Not only had the possession charges been dropped against the Da~4ses, but there had never been any evidence presented to show that the Davises were drug dealers. They had never been charged with trafficking, only with possession. "I was stunned. I didn't know what to say," Bovard explains. "Nothing like this had ever happened before." Bovard investigated, and what he found out stunned him even more: the incorrect information in the added para- graphs had been directly supplied by DARE. How did this happen? J.W. Bouldin, the Davises' lawyer, says the Post's lawyers told him that DAmi had lob- bied the newspaper to add the paragraphs. The Post's lawyers told Bouldin that DARE supplied Morley with the information for the six paragraphs and Morley typed it in. Bovard also says that DARE put pressure on the Post. "When they learned more about my story, DARE put 'on the full-court press," Bovard says. "They wanted to kill this story. It makes sense why." Morley says it happened slightly differently. He says that after he edited the column he became concerned 18 THE NEW REPUBLIC MARCH 3, 1997 that ~)~'s point of view was not represented. He con- sulted with the Post's lawyers, who agreed with him that he should call ~)ARE and get their side of the story. He tele- phoned DARZ's Los Angeles headquarters and talked to a spokeswoman for the organization. Morley says that he wrote the six paragraphs based on his conversation with the spokeswoman. He admits that the information came directly from DaPai and that he never told Bovard he had added it to the column. But he says neither he nor anyone at the Post "kowtowed" to DA~R.E. "This was my fuck-up. It was not the Post caving in to D.~Va~," Morley says. "The whole story doesn't make me look very good. I regret, I really regret, any role in spreading the false informa- tion .... This was my least finest hour." Bouldin knew as soon as he read the column that he had a dandv libel case. He called the Post's lawyers and informed them that he was going to sue on behalf of the Davises. "They soon saw they had one very, very big prob- lem on their hands," Bouldin savs. Shortly before the Davises' libel suit was to be filed, the Post settled. The set- tlement included a large cash payment to the Davises. The paper also printed a correction, which cleared the Davises of the drug trafficking accusation and admitted that no e~4dence connecting them with drug trafficking had ever existed. Bouldin says that the terms of the set- tlement prohibit him from disclosing just how much the misinformation provided by D^~ cost the Post, but he makes it clear that the price was high. "Let's just say this was a very expensive mistake for The Washington Post," he says, the tone of satisfaction clear in his Southern drawl. DARE spokesman Ralph Lochridge doesn't deny his organization gave the Post false information, and he doesn't apologize, either. '~Just because [the Davises] weren't convicted in court doesn't mean they're not guil~ of it," Lochridge told me. ~ he anti-drug and anti-alcohol program called ~).~R~ is popular, well-financed and widespread. Started in 1985 by the Los Angeles Police Depart- ,~. ment and the L.A. School District, DAR~ has quickly become the nation's standard anti-drug curricu- lum. The ~),,w,~ logo is everywhere: on bumper stickers, duffel bags, Frisbees, even fast-food containers. ~ is the only drug education program specifically sanctioned for funding under the federal Drug-Free Schools and Communities Act. This year, the program will receive s750 million, of which some S600 million, according to outside analysts, comes from federal, state and local gov- ernments. At the core of the D~a~ curriculum are seven- teen weekly lessons taught in the fifth or sixth grade. The teachers are all uniformed cops trained by o.~a~. The offi- cers lecture and assign homework on the dangers of drugs, alcohol and gangs. Many schools, like Darrin Davis's, offer a shorter curriculum in every grade before the fifth. Some school districts also participate in supple- mentaryjunior high school and high school programs. The Los Angeles-based Dam! America, the nonprofit com- pany that develops and sells the DARE curriculum, boasts that cops working with D.-X~ now lecture in 70 percent of the nation's school districts. in 1996, two of the last hold- outs, the New York City and Washington, D.C., school dis- tricts, signed up for the program. Most parents know about ~)av,~, and most of them ap- prove of it. So do most politicians, most police officers, most teachers and most journalists. President Clinton has been a fan ever since Chelsea graduated from the Arkan- sas PaPa!. '`we ought to continue to expand the...program so that in every grade school in this country there's a DARE officer," he said to cheers at an Orange County, cam- paign rally last October. How many people, after all, are opposed to warning children about the dangers of drugs? But what most people don't know is that, in the past five years, study after study has shown that DARE does not seem to work. The studies have found that students who go through the program are just as likely to use drugs as those who don't. In fact, the results in one study even show the dreaded boomerang effect: DARE graduates are more likely to use marijuana. Behavioral scientists have begun to question, with increasing vigor, whether DARE is little more than a feel-good scheme of enormous propor- tions. As one researcher put it: "Da_~ is the world's biggest pet rock. If it makes us feel good to spend the money on nothing, that's okay, but everyone should know DaPai does nothing." None of this is a secret among drug policy experts and reporters who cover drug policy; some of the studies have been available for years. Reason, Kansas City Magazine and USA Today have published substantial sto- ries criticizing the program's effectiveness. But these sto- ries have done nothing to impede ~'s progress, and most parents and educators still believe it works. Whv isn't the case against 1)~z better known? Why, at a time when federal funds are scarce, is it not a public issue that a pro- gram which costs the government more than half a bil- lion dollars a year may be a waste of the taxpayers' money? What happened to James Bovard and to The ~l,ashing- ton Post is an illustration of the answer. For the past five years, ~)ARE has used tactics ranging from bullying jour- nalists to manipulating the facts to mounting campaigns in order to intimidate government officials and stop news organizations, researchers and parents from criticizing the program. ~avai supporters have been accused of slash- ing tires, jamming television transmissions and spray- painting reporters' homes to quiet critics. "What you have to understand is that DARE is almost a billion-dollar industry. If you found out that a food company's foods were rotten, they'd be out of business," says Mount Holyoke sociology and criminology professor Richard Moran. "What's now been found out is that t)~ is run- ning the biggest fraud in America. That's why they've gone nuts." DARE has become so well-known for the hard- ball tactics it employs to shut down its critics that drug researchers and ~ournalists have a word for those hushed--they say they've been "Dared." Glenn Levant, the executive director of ~)^P~, did not respond to repeated requests for an interview about DAR~'s effectiveness and its tactics in squelching bad pub- licity. Provided, at his request, with written questions, Levant did not reply. D^R~ spokesman Ralph Lochridge says his organization does not silence researchers. "We MARCH 3, 1997 THE NEW REPUBLIC 19 don't go after anyone, and DARE doesn't stop critical sto- ries," he says. "It does try to help journalists write bal- anced pieces." Lochridge says his organization tries to "work" with journalists. "We don't mind criticism, but we want balance. Is your story going to be balanced?" r' '~ he story of D.~ and its critics starts in Kokomo, Indiana. Fifty-three miles north of Indianapolis, Kokomo is an auto factory town of 45,000 people .~. in the heart of the state's rural and Repub- lican midsection. The city hall operator boasts that Kokomo was the birthplace of stainless steel. In 1987, it also became the first Indiana city to sign tip for the DARE program. That year, school officials invited two sociology, professors at the local branch of Indiana University to run an experiment to see how well the program worked. Everyone expected glowing results, and hoped the posi- tive study would accelerate DAPd!:'S implementation else- where. The research team studied 1987's fifth-grade class in Kokomo through 1994, its last year in high school. They also studied the high school class of 1991, which had made its way through the school system prior to DARE'S implementation, and had never been exposed to the program. Sociology professors Earl Wysong and Richard Aniskiewicz measured drug use among the stu- dents in both the 1994 graduating class and the 1991 class. Thev also measured DARZ'S secondary objectives: boosting self-esteem and reducing susceptibility to peer presstire. Wysong and Aniskiewicz were careful to mea- sure the students' drug use with a multi-part question- naire, which included DAPm's own test as well as tests com- monly used by psychologists. They found that the level of drug use among kids who had gone through D.~,g was tually identical to the level among kids who had not. This means that in every category of drug use tested--lifetime usage, how recently the students had used drugs, how often they had used drugs and the grade in which thev started using drugs--the results were "very similar" for both the DARE alumni and the nOn-DaRE students. So sim- ilar, in fact, that the differences were within the margin of error. Moreover, students in both groups rated the avail- ability' of drugs nearly identically. In fact, the only statisti- cal difference between the groups was that more graduates said they had used marijuana in the past thirw days and the past year than nOn-DARE alumni. Wysong and Aniskiewicz concluded that "DA~[ expostire does not produce any long-term prevention efforts on adolescent drug use rates." What about the more touchyfreely results? Again, the sociologists found no statistical differences. Using ques- tionnaires to examine self-esteem and "locus of control," a common psychology test that measures susceptibility to peer pressure, they found numbers so similar for the two groups that any differences were again within the margin of error. They wrote that self-esteem and peer pressure are "two more areas where we can see no long-term effects resulting from DARE exposure." "That's all, that's it," say's Wysong. "It's simple. There was no difference." But Wysong and Aniskiewicz also found out what other critics of DARE would discover: no one--not par- ents, not educators and certainly not D,mE officials~ wanted to hear the bad news. Kokomo's parents, teach- ers and school board latched on to the study, but Wysong says they missed the point. "I told them the studv shows DARE doesn't work," he says, but no one listened. "So what they did was implement drug testing." Since last April, the high school has required every student who leaves the building at lunch, participates in extracurricu- lar activities or drives to school to sign a waiver. The waiver allows the school to pull them out of class at any time and force them to take a drug test. On average, forty-five students are tested each week. "That wasn't what our study recommended," Wysong says. "After our study it became very clear they kept D.~wd! for public rela- tions reasons." The school board has not renewed any studies on the local DARE program. Even after Wysong and Aniskiewicz published their results, DaPm continued to boast that an earlier California study--in fact, the first study ever done on D.4pm--showed that kids who went through the program accepted drugs less often than kids who had not gone through the pro- gram. The data also showed that DAI~ alumni reported using drugs less often. This study, however, did not ring true to many researchers because it had no pre-test. In other words, students were only surveyed after graduat- ing fi'om DARE. Without measuring drug use before it's difficult to know whether or not the students' behav- ior had changed. What is more, the study last examined its subjects as seventh-graders, meaning it never mea- sured DaP,~'s tong-term impact. "If you don't know where vour base is you really don't know anything," laughs an Ivy League biologist who examined the methodolog?' of the California study. "Mv kid's science fair project with plants and swinging lights was more rigid than this." Another drug policy expert who has questioned D.~,Z is Dick Clayton, a widely respected drug abuse researcher at the University of Kentuckv. In 1996, Clayton published, in the journal Preventive Medicine, the most rigorotis long- term study ever performed on D^RF.. Starting in Septem- ber 1987, Clayton surveyed schoolchildren in all of the thirty-one elementary schools in Lexington, Kentucky. The schools were randomly assigned to receive the curriculum or to receive "no treatment." Students were tested before going through the DaR~ prograln, immedi- ately afterward and again each year through the spring of 1992. Clayton's team found that any resttits fi'om DARE were. extremely short-lived. "Here it is in layman's terms: DARE is supposed to reduce drug use. In the long term, it does not," Clayton says. Just before and after Clayton's release of the two-year data, more studies quietly began popping up with similar results. In total, Clayton wrote in the 1996 book Intervening with Drug-fnvolved Youth, at least fifteen studies were conducted. "Although the results from various studies differ somewhat, all studies are con- sistent in finding that D.'~ does not have long-term effects on drug use," he wrote. Among those studies was a 1990 Canadian government report showing D~,WaZ was less effective than anyone imagined. The program, the Cana- dians reported, had no effect on cutting abuse of any drug from aspirin to heroin. (The Canadians were study- 20 THE NEW REPUBLIC MARCH 3, 1997 ing DaVa~ because the program was becoming more popu- lar abroad. Today, Lochridge says, ~)~w,~ is used in forty- nine foreign countries.) As the number of debunking studies grew, something else also grew: the number of researchers getting Dared. Take the case of Daniel, a young professor at an Illinois college. He asked that his last name not be used, since he is up for tenure within the next two years and nervous about adverse publicity. Daniel says he wants to study behavioral programs that have political impact. While he suspects that to improve his chances for tenure he should studv the beha~5or of lab animals, he's fascinated by "real world" problems. '~Yhat's why Clayton's study appealed to me," he says. "I thought here was a chance where people like me can make a difference." Daniel designed and per- formed a study of college freshmen. All of the freshmen were in-state students, but only some had attended D.4WUZ. Once again, Daniel's study found no meaningful differ- ence in drug use between students who had gone through DARE and students who hadn't. He did find, how- ever, that DARE graduates were slightly more likely to drink alcohol regularly for the purpose of getting drunk. Over lunch one day, Daniel, proud of what he thought was an "important finding for the Illinois school system," showed the data to a colleague in a different department. "That was the biggest mistake of my career," Daniel says. "That's right--even bigger than sleeping through an oral exam in graduate school." Daniel says that, within a week, a local DARE official called him at home and asked to see the data. Daniel says he freely showed the information to him. That, he says, resulted in a "big argument with lots of yelling." Two weeks later Daniel savs he received a call frmn his departme.nt chairman. The chairlnan told him that the local D.,,RE official had complained that Daniel was offering kids marijuana as part of his study. Daniel savs the allegations are false, but that he immediately stopped work on the D.-kRE study, and returned to lab ani- mals. "That could have been, and still might be, a career killer," Daniel says. "D.~ has made it so I will never ven- ture out of the lab again." '~'N hile it's not possible to say exactIv how many researchers have been Dared, it is clear from talking to academics in the relevant fields that there are a number of them. It's common knowledge among researchers that doing DARE studies can ruin a promising career. Wysong and David W. Wright, a Wichita State University professor, wrote in SociologicalFocus that the oaRE researchers thev had inter- viewed "asked to remain anonymous out of fear of politi- cal reprisals and to protect their careers." Interviews with drug researchers support this statement. An author of one prominent paper says he no longer studies DARE. "I needed my life back. I'm in research. My wife and I couldn't take endless personal attacks," he told me. "You want to know why I stopped researching DARE.3 Write your article and you'll see." Another researcher who was critical of DARE says he became so unpopular among fel- low professors he went into the private sector. "If you fight DARE, they make you out to look like you want kids to smoke pot. I thought itwas my duty to say the emperor is not wearing any clothes," he says. "It was stupid of me to think I could fight them. Everyone told me I couldn't, but I tried. Here [in the private sector] I can start over." The researcher says after he published his study, some- one etched the words "kid killer" and "drug pusher" into the paint of his car. The extent of DARE's ability to muzzle critical studies can be seen in the treatment of the most definitive test of the DARE program ever conducted. In 1901, the National Institute of Justice'(NIJ)~the research wing of the Justice Department--hired the prestigious Research Triangle Institute (RTI) to analvze the studies on DARE and deter- mine the bottom line. ~nitially, DARE supported the "meta- analysis." In a 1999 letter, it urged state groups to work with RTI, saying it "will give us ammunition to respond to critics who charge that DARE has not proven its effective- ness." "Everything was going along just fine," explains a researcher who worked on the RTI analysis and who asked that his name not be used so he wouldn't get "anv more nasty, screeching phone calls" in the middle of the night. "That is, until we started finding DARE just simply didn't work. Then all hell broke loose." In 1993, RTI presented its preliminary results at a San Diego drug education conference. According to Socio- logical Focus, a DARE supporter immediately responded by urging RTI to call off the research, saying: "If [DaVa~] fails, it will be making a statement about all prevention programs." After the conference, DARE launched an all- out war to sink the study. An internal memo from the July 5, 1993, meeting of naRE'S advisory board offers evi- dence that Levant tried to squelch the study. The memo contains the minutes of Levant's speech. Levant criti- cized an advance copy of the RTI study. The minutes summarize Levant: "The results of this project are po- tentially damaging to DARE. DARE America has spent $41,000 in trying to prevent widespread distribution of what is considered to be faulty research." The minutes also noted that "DARE .4anerica has instituted legal ac- tion," aimed at squelching the RTI study. '~The action has had some positive results," the minutes reported. "It has resulted in prevention of a second presentation by RTI. Legal action is intended to prevent further public com- ment'until completion of academic review." Lochridge did not return a phone message asking for comment on the memo, and asking whether government funds had been used to stop the government from distributing a government-funded study questioning the efficacy of a government-funded program. In the past, DARE had been unable to effectively refute its critics on scientific grounds, and its claims rang cor- respondingly weak. "They must not know how to mea- sure thing.s," maintained an Indiana D^RE official about the Kokomo research at a local community agency. "If they could just see the kids' faces, they'd know how much good it's doing." Herbert Kleber, a Columbia Uni- versity professor who heads r)AR~'s scientific advisory board, says the RTI study was flawed. "It used the old DARE curriculum, which had already been substantially 22 THE NEW REPUBLIC MARCH 3, 1997 revised," Kleber says. "No, the new curriculum has never been examined." So this time Levant turned to grass-roots pressure. According to one Jnstice Department official, Levant arranged for DaRE supporters to flood the Justice Depart- ment with phone calls. Nationwide. many teachers, prin- cipals, Dam~ officers and parents believe in the program with almost religious devotion. In local debates, they have always been more than willing to make phone calls, write letters and hold formns to support DARE. This time, the callers stayed "on message." the official says, speaking almost as if from a script. "They'd call and tell us if we published the study, D AP, g would be sunk ~ ~~(. (-~ and millions of kids would get hooked," says "~'~ ~'~'~'~'~'~'~~-'~~~'~"~~~~~~~~~~{ / the official. "Whenever ,". the study," Ann Voit, an NIJ spokeswoman, told USA Today. "We just do not agree with one of the major find- ings."' A pnzzling statement, since NIJ hired RTI in the first place because it trusted them to evaluate Dam~ im- partially. Still more puzzling is that even as late as six months after the San Diego conference, NIJ sent RTI memos praising the study. One note from Laurie Bright, NIJ's program manage~ said the "methodology appears to be sonnd and D.~mE representatives did not offer any specific flaws ... [it] presented findings in a very fair and impartial light." Eventually, Jeremy Travis, who heads the NIJ, stepped in. He publicly reiterated that Justice had not caved under DAPdg's pressure, explaining that NIJ's independent ;eviewers unanimously recommended against we'd say the research looked mathematically good, they'd say, 'there's more at stake here than good statis- tics. Can you live with that?'" In September 1994, RTI finished the leng- thy report. It conclud- ed that, while was loved by teachers and participants, it had no effect on drug use. It also went one step further, a step that DARF. feared most of all. ?,'hat got [RTI] in tile most hot water is that they said other pro- grams work better." says Moran, the Mount Holyoke sociologist. In other words, RTI found that DARE is not mere- ly a failure in itself, but crowds out money for programs that ac- tually keep kids off DIALOGUE' "l-/r'/, Yod drugs. RTI published a [cngthy bibliography of some of the other programs. Kleber says tile alternatives RTI looked at, which he calls "botttiqne programs," were only examined in highly controlled environments. Levant upped the ante. Congressmen and mayors began calling the National Institute of Justice. The politi- cians stressed two messages: the ctlrriculum had changed since the study, making it irrelevant: and the public did not want to hear criticism of an anti-drug program wi¢lelv regarded as successful. The Justice Department official says the "phone rang off the hook." One month later, tbr the first time in memory, theJtts- tice Department refused to publish a study it had funded and successfully peer-reviewed. Wee're not trying to hide publishing the report. Not so, according to one reviewer. William DeJong, a Harvard lec- turer, told USA Today: "They must be misre- membering what I said." Two of the in- dependent reviewers who examined the re- port in March 1994 rec- ommended that more analysis be done. But both urged the publica- tion and wide dissemi- nation of the executive summary of the report, and one praised the crucial section that analyzed D.~rd?s efficacy as "well done." NIJ still has not approved the study, but will sell it upon request. -. The same day Justice ..... refused the study, The .__ .~,,,.,~.~ American Journal of Public Health--a highly ,,,~.,,,.,x,~ ,, ,.,,,-,..,,,-,~,. x, ,.~ ,.,,,~ ~,,. ,,.,,-,~,..,,~ ,,,, ,,. respected academic journal--accel)ted it. It had conducted its own peer review and found the paper to be worthy. The Justice Department official says this infuriated Levant and that t),xm.: tried to prevent the journal from publishing the stttdy. While no one at Public Health would comment on Levant and BAR[, two editors at the journal said that it stands by editor Sabine Beisler's comment of October 1994: "t).xm:. has tried to interfere with the publication of this. They tried to intimidate us." When NIJ learned the journal was going to publish the study, it issued its own two-page stuunlal~v. The snmmary oddly heralded DARg'S popularity, but virtually ignored the thrust and bulk of the stndy, which showed D.~o,g doesn't curtail drug use. continued on page 26 MARCH 3, 1997 THE NEW REPUBLIC 23 Today, the researchers who worked on parts of the RTI study remain thoroughly spooked by their experience. Two researchers at RTI, four at universities and two now in the private sector refused to talk more than briefly about the study. All but one said they were scared of los- ing their jobs. Three told me that their superiors had been contacted by politicians. "A state representative called my boss and asked if my research was really in the best interest of the community," said one state university professor. '~Thank God my boss said 'yes.' I don't know if even tenure would stand up to that." .~ai's hardball approach is as well-known among journalists who have attempted stories on the organization as it is among academic re- searchers. James, a television news producer who does not want his last name used for this story, says that ever since he was Dared he doesn't have any doubts about retaliation. Several months ago,James, who works for a small Missouri station, produced and aired a short editorial criticizing D.~q.[. In more than a decade of local news, it is the only item he has ever regretted running. After that show aired, so many kids called James so often at home to read him lessons from the DARE workbook that he was forced to unlist his telephone number. "You bet I was Dared,"James says. '°The calls came and on and on. I had to hear about so-and-so is offered a joint, but she says 'no.' I couldn't take it." Two callers told James that their DARE officer encouraged them to call his house at strange hours. After that, James's house was attacked with graffiti messages like "crack user inside" so many times, he moved to an apartment building. The local police, who run the local D.-XPJi program, spent no time looking for the vandals, James says. After a math teacher asked his son how "the pot-head dad" was doing, he transferred his kid to a boarding school. And, when the owner of a local diner asked him to stop coming to lunch, since other customers were leaving when he walked in, his wife took to calling him "Small-town Salman," after Satanic Verses author-in-hiding Salman Rushdie. James says he phoned Levant and asked him to "please call them off," but Levant never returned the message. '~This may sound as if I'm being extreme, but I'm not. I went to Vietnam and that was less stressful," James says with a shaking voice. "There, the people I love weren't always being attacked. And this time, I know I'm on the right side." In the past year, NBC's newsmagazine "Dateline" has become the most prominent news organization to be Dared. Starting in September 1995, "Dateline" produc- ers began initial research on a hard-hitting story about how DARE doesn't work. They interviewed researchers who had concluded that D/WJZ was a failure and students who couldn't remember the lessons. A "Dateline" cam- era crew also flew to Indianapolis, where an affluent, mostly Republican suburb was debating whether to keep DAR~. For the past year, the school district had monitored a small pilot program. More than 100 parents showed up to the meeting and, according to those who were there, the majority vocally opposed Dapa~. According to a long- time NBC News employee, the show was scheduled to run on April 9, 1996--the day before National D~v,~ Day. The following account of what then transpired has been corroborated by two additional NBC sources; essential details of it have also been confirmed by a DAm! source and a Justice Department source. Last March, Levant heard about the planned "Date- line" show. According to the NBC News employeewwho does not work on "Dateline" but has read a series of let- ters between Levant and NBC officials--Levant wrote an "attack letter" to Jack Welch. Welch is the chief executive officer of General Electric, NBC's parent company. The letter called the segment a '~journalistic fraud." Levant accused "Dateline" of "staging" the Indiana meeting. Still under the shadow of an infamous episode in which "Date- line" was accused of rigging trucks to explode, the NBC employee says Levant's accusations sent "Dateline" 's staff into a "whirlwind of activity." But Levant's accusation was a "flat-out liewho ifs, no buts about it, a lie as low as it goes," says Betsy Paul, then the Parent Teacher Organiza- tion president of the Indiana school district. "I don't know how to say this strongly enough. I will tell you on any witness stand with God as my judge .... We had scheduled the meeting for at least a week before 'Dateline' said they were coming out here." Paul says David McCormick, NBC's senior producer for broadcast standards, called her. McCormick asked her if she had brought in "ringers" to stack the meeting against OaR~. "And that was the biggest bunch of bologna I've ever heard," Paul says. "~)apa!just doesn't like that parents here figured out they didn't work." As further proof, Paul points out that this year DARE was eliminated in her school district and replaced with a locally developed program. "[Levant is] a big liar because if we stacked that meeting, if it didn't accurately reflect how this community thinks, then why did the school board eliminate D^]~ this year?" she says. "I'll say it again, he lied, and once more he lied." Levant's letter to Welch contained other untruths, claims the NBC News employee. In the letter, Levant alleges "Dateline" producers would only interview him on the day his wife was receiving a bone marrow treat- ment for leukemia. Not true, according to the NBC News employee: "Dateline" offered Levant "several" date op- tions. Levant also alleged "Dateline" staffers were interro- gating kids in dark rooms like "old war movies." In truth, "Dateline" cameramen had turned off the overhead lights when they interviewed Dar~ participants because they were using their own lighting, which is standard practice. While the NBC employee says McCormick de- fended "Dateline" in a response to Levant, the story was put on hold. "DaR~ scared NBC's upper brass," the NBC employee says. '°The story was, and is, solid. The people on it are some of the best in the business, but we did not want to look like we were going after a program that keeps kids off drugs. You can imagine that's a very un- popular position with G.E. So it was put on hold." David Corvo, the NBC vice president that clears "Dateline" episodes before they air, says, "There is no controversy about the program at NBC." He says all delays occurred because he felt the segment needed more reporting. "No 26 THE NEW REPUBLIC MARCH 3, 1997 way," the NBC News employee says. "That piece was solid in every way. Sure, you can always get another interview, and they did, but even before that it was better than much of what we air." Then, in a September 1996 issue of TV Guide, NBC placed the following announcement: "'Dateline NBC': A Len Cannon report on the DAR~ program in schools. Its effects are 'statisticalIv insignificant,' says segment pro- dncer Debbie Schoolev. 'Research overwhelmingly shows no long-term effect on druo use. The report visits schools in suburban Indianapolis." According to the NBC employee, the TV Guide announcement killed the episode again. Dozens of supporters, including Levant, called NBC. According to the employee, this time he made veiled threats of suing "Dateline." Despite the listing, the show didn't air. Corvo maintains that NBC "did not kill" the story and says if any lawsuit threats were made, they were not taken seriously. He maintains that NBC sent TV Guide the listing several weeks in advance, but when the date arrived, the piece still wasn't ready. '~' ext, the biggest gun in the drug wars tried to sink the segment once and for all. In mid- September, the White House's drug czar Gen- eral Barry McCaffrey stepped in. "Dateline" had already interviewed McCaffrev for the segment. During the interview, McCaffrev ric{iculed the research against D.~, but a Justice staffer says he did a "very poor"job refuting the mounds of e~Sdence. Corvo won't comment on McCaffrey's interview, beyond saying the drug czar disputed the evidence against DAR~. On September 20, 1996. Donald Maple, a spokesper- son for McCaffrev's office, wrote to "Dateline" 's execu- tive producer. The letter asked "Dateline" not to use the taped interview with McCaffrev. Maple wrote that he feared the interview would serve "'Dateline' 's purpose of painting ~).~ in a bad light." The NBC employee says pulling the McCaffrev interview might have dealt a "death blow" to the show. NBC's McCormick responded to Maple that the show's producer had written McCaf- frey a letter before the interx4ew telling him the purpose of the interview was to discuss research on DARE'S effec- tiveness. While the network did not promise to cut McCaffrey's interview, the NBC employee explains, "at some point this story is much more trouble than it's worth." Maple says writing this kind of letter to a news organization is "uncommon," and he had never done it for McCaffi'ev before. But he says "Dateline" treated McCaffrey un?airly. The show was rescheduled one more time, for Tues- clay, February 4. That time slothright after the presi- dent's State of the Union address~is commonly consid- ered to be a "death slot." Clinton's speeches are re- nowned for running long, killing whatever television segment is planned to run next. And, that night, the seg- ment did not run. As expected, Clinton's speech ran longer than scheduled and "Dateline" ran a show focus- ing on the O.J. Simpson verdict. "This system has worked. This show has not been killed. Whoever says that is out of the loop," Corvo says, adding that he has now cleared it to air. As of February 10, though, the segment had not been rescheduled. Corvo says it will be resched- uled when the executive producer of "Dateline" returns from vacation. And researchers and reporters are not the only ones getting Dared. Some parents who question the program also say they've been strong-armed. In the San Juan Islands northwest of Seattle is a small town called Friday Harbor. There, dozens of parents have joined together in a group called San Juan Parents Against ~)apm. According to Andrew Seltser, the group's founder, nearly all of the members want drug education in the schools; they just don't believe the Dam~ program works. In August, Seltser's group collected more than 100 signatures on a petition asking the local school board to review the effectiveness of D.~. The debate about DARE overtook the small com- munity, and became a matter of intense passion, with local DARE supporters raging against the parents who were challenging the program. In September, the local school board announced it would review concerns about Then an odd thing happened. On October 7, 1996, the "CBS Evening News" aired a short segment that pre- sented information critical of DAR~. No one in Friday Harbor saw that segment, though. Thirty seconds into the story, Friday Harbor's screens went black. Randy Lindsey, the station manager for the local cable station, says when he watched a ~5deotape of that night's news "it looks like someone pulled the plug." Lindsey can't explain the blackout. Friday Harbor, he says, often has problems receiving television signals due to sun spots. But sun spot interference, he says, normally distorts the screen differently. Seltser's group says they believe the program was jammed by D.~'~ supporters since it came in the heat of the debate. And some Fridav Harbor supporters aren't denying it. One prominent local DARE supporter says it's "not important" whether or not the show was jammed. ~'Look, I'm not going to answer the question as to whether or not I know who jammed it. Hell, it might have been me," he says, asking that his name not be used. "What I am going to tell you is that TV program may have stopped I~/Wa~ in Friday Harbor, which means more kids here would be on drugs." ~ AR~'s public response to studies critical of the program has been to dismiss the studies as irrel- evant. DARE says the studies are based on an old ~ curriculum that may not have worked, but that the program now uses a redesigned curriculum that does work. The problem with the old curriculum, DAR~ officials say, was that D.:t~ classes were not interactive enough; under the new curriculum, the classes are much more so. But this seems debatable,judging from a recent DARE class conducted by Detective Rick Myers at Barcroft Elementary School in Arlington, Virginia. Myers, a big man who looks very much like a cop, visits Barcroft's fifth-graders every Thursday to lead them in the DARE way. One week's lesson was about resisting peer pressure. Myers's lesson lasted about forty-five minutes. All but six minutes were spent on a lecture by Myers. To MARCH 3, 1997 THE NEW REPUBLIC 27 be sure, Myers used interactive role play during those six minutes, but researchers question the value of such role- playing as set out by the [~AR~ curriculum. For the first scene, Myers chose two kids: a brown- haired boy who was so nervous that he wobbled when he stood, and a tall girl who was so self-confident that she bowed when she got to the front of the room. Myers whispered the script to the two children and told them to face each other. "There is a party on Saturday night at some person's house," the girl said matter-of-factly. The boy said nothing. '~The people there, they will be drinking things that have [now louder and more slowly] al-co-hol." The boy looked at the ground. "I said, 'The people will be drinking [very loudly and very slowly] al-co-hol.'" "No," peeped the boy. Kindly, but firmly, Myers lectured the boy. "Posture. Eye contact. Posture. Eve contact," Myers told him. "You need to be confident. You're doing the right thing." Take two. The girl said her first line. The boy said: "Oh." Myers shouted: "Posture. Eye contact." The girl said her second line. The boy stood straighter, looked the girl briefly in the eye, and said very quickly: "No thank you, I don't take alcohol. I prefer juice and milk." Myers led everyone in a round of applause. At one of the back tables, a thuggish-looking kid sat regarding this lit- tle scene with frank scorn. "He's supposed to say that? That won't work. He'd get the shit beat out of him." For another scene, Myers chose a small girl with wide eves and scraggly brown hair. She seemed a little ner- vous, but excited to have been chosen. Myers whispered the instructions into her ear. Thev faced off, standing about ten feet fi'om each other. Myers walked up to the girl. "Hey; do voit want to buv a joint?" he said. She replied, ahnost inaudibly. "No." Myers put his face close to hers. "Come on, wanna buv it?" "No, thank you," she whispered. Now, waving his finger in her face, Myers shouted: "Why not? Come on, buy it!" The little girl, backed against the windows, said, again, "No." Myers led the class in a round of applause. Drug researchers interviewed about Myers's scenes are dismissive. "That role play is absurd. If the kids learn any- thing at all from it, they learn not to buy drugs from police officers," one researcher says. "Making it more interactive means making it more like real life. This is not useful. Fun, maybe. Useful? Nope." And Myers's class is ty'pical. When I asked him if other DAI>.E instructors did it differently, he was adamant in response. "No. The great thing about this program is that everyone in the country is trained the same way," Myers told me. "We are told to go exactly by the book. There is no room for modifying the program. No way. It's the same everDvhere." The claim that ~x~['s curriculum is changing and maturing seems to be more a matter of tactics than any- thing else. A longtime California instructor who recently retired, and who told me that the curriculum has not in fact changed much at all, conceded that saying the cur- riculum was in constant flux did have an obvious strate- gic benefit. Experts agree. Wysong and Wright wrote in SociologicalFocus that if D^r~ is portrayed as a constantly evolving program it can't ever be studied and therefore can't ever fail. 'Thus DAR~ is protected from criticism and remains 'forever young,' "they wrote. "In fact, in the view of DARF. stakeholders, this is as it should be, because the program cannot be allowed to fail: the stakes are simply too high." "" n fact, the most controversial part of the program-- the Oami box~has remained unchanged despite years of criticism about this systematic attempt to ,,-- encourage children to rat out the grown-ups around them, including their own parents. After the first class, the students, following D^Pm instructions, fashion a shoe box into a colorful mailbox, often decorated with D.~mz stickers. Each week from then on, for the entire seven- teen weeks, students are encouraged to write anonymous notes asking any question they want. Thev are also allowed to accuse people of using or selling drugs or com- mitting sexual abuse. These accusatory notes may also be anonymous. At the end of every r)apm class, the officer reads the questions out loud. The officer does not read the accusatory notes to the class, but those notes are referred to the appropriate school and police investiga- tive units for action. As James Bovard pointed out, Darrin Davis is not an isolated case. Dardr students have fingered their parents in Maryland, Oklahoma and Wisconsin. In 1991, a 10-year-old told a Colorado 911 operator, "I'm a DARE kid," and urged the police to arrest his parents for marijuana possession. After his parents were arrested. the cop assigned to his school publicly praised him. Parents and scientists in dozens of states have attacked the D.aaE box, saying that it reminds them of Stalinists rewarding kids for ratting on their parents. Lochridge, D^R~'S spokesman, dismisses their fears, saying it's mostly "urban myths." "Officers, as part of their training," he adds, "are taught not to elicit information about the [students'] personal lives." Lochridge says students are not encouraged to make accusations. But, according to one University of Illinois study, an accusation is made in 59 percent of all D^RE classes. And while that number may be high, three Washington, D.C., area DAR~ cops interviewed said a DARE box note accused someone of using or selling drugs in at least one-third of their classes. All three cops said they "didn't discourage" their stu- dents from making accusations. Lochridge maintains the cops are just doing their job. "I don't know of any state which doesn't have laws requiring us to investigate any accusations of sexual abuse or drugs," he says. In the end, D^R~ has an answer that trumps all. Even if there is some truth to charges that DARE doesn't work, what this means is that we need ... more D^RE. "Well, if you teach people fractions or a foreign language, it's going to erode unless you reinforce it," Lochridge explains. "So the answer is more Dam!. Kids need to get it more." And doubtless they will, whether it does them any good or not. · 28 THE NEW REPUBLIC MARCH 3, 1997 7o~ I0W~ CITY CI.F.R~ Johnson County Sally Stutsman, Chairperson Joe Bolkcom Charles D. Duffy Jonathan Jordahl Stephen P. Lacina 3-05-97 8:29am p. 2 of 4 Ii BOARD OF SUPERVISORS March 6, 1997 FORMAL MEETING Agenda 1. Call to order 9:00 a.m. 2. Action re: claims 3. Action re: formal minutes of February 27th. 4. Action re: payroll authorizations 5. Business from the Planning and Zoning Administrator. a) Motion setting public hearing for a Conditional Use Permit CU9701 of Gene Zdrazil. b) Other Business from Robert Miller, President of Johnson County Agriculture Association re: report/discussion. 7. Business from the County Auditor. a) Action re: permits b) Action re: reports c) Motion to place on file in the Auditor's Office affidavits by Mae F. Christian, Joyce C. Perkins, and Ronald C. Slechta stating the funding, posting, and publishing of lost property. d) Other 913 SOUTH DUBUQUE ST. P.O. BOX 1350 IOWA CITY, IOWA 52244-1350 TEL: (319) 356-6000 ~o~ I0~ CITY CI~K ~om~ Jo ~o~a~t~ 3-05-97 8~gam p, 3 of 4 Agenda 3-6-97 Page 2 8. Business from the County Attorney. a) Report re: other items. 9. Business from the Board of Supervisors. a) Motion setting road vacation hearing for 3-97 for March .1_3.,___1_99_7. at 2:00 p.m. (All that portion of Muscatine-Johnson Road that exists from Johnson County 620th Street to the abandoned railroad righ.t-.o,f-way, which crosses the road approximately 1320 feet to the North, including the 42 foot long x 16 foot wide bridge across Hockey's Slough.) Heating to be held at the Lone Tree City Hall, Lone Tree, Iowa. b) Action re: purchase of rubber tire backhoe/loader. This is a replacement item in the amount of $24,000.00. c) Action re: right-of-way acquisition of Kinney Parcel on IWV Construction Project Number STP S-52(31)--5E-52 in the amount of $42,235.00. d) Motion to hold both informal and formal meetings for the week of March 16th on March 18th. e) Motion authorizing Johnson County to act as fiscal agent for the "Children-At-Home Pilot" Grant. (Grant amount is $20,520.00. This grant purpose is the provision to administer a voucher payment program for families with a child with a developmental disability to access the services and supports necessary to enable the child to remain living in the family home.) f) Discussion/action re: appointment to the Johnson County Task Force of the Heritage Area Agency on Aging. This is for an unexpired term ending June 30, 1997. (Wendy Wyant) g) Discussion/action re: public notice regarding Recorder's Office. h) Discussion/action re: £rreworks permit. i) Other IOWA CITY ~I,F. RK From: Jo Ho~art¥ 3-05-97 B:29am p, 4 of 4 Agenda 3-6-97 Page 3 10. Adjourn to ~nformal meeting. 11. a) Discussion re: combining duties of county offices. b) Inquiries and reports from the public. c) Reports and inquiries from the members of the Board of Supervisors. d) Report from the County Attorney. e) Executive Session to discuss strategy for collective bargaining with S.E.A.T.S. f) Other Adjourn to formal meeting. 12. 5:30 p.m. Second Public Hearing on FY '98 proposed budget esthnate/discussion. 13. Adjournment. To~ IO~A CITY CLERI From~ Jo Hoqart¥ 3-07-97 9~$4am p. 2 o£ 2 Johnson IOWA 1 Sally Stutsman, Chairperson Joe Bolkcom Charles D. Duffy Jonahban Jordahl Stephen P. Lacina BOARD OF SUPERVISORS Monday, March 10, 1997 Wetherby's Board Room 1210 1 Avenue Coralville, Iowa 52241 INFORMAL MEETING Agenda 1. Call to order at 8:00 a.m. 2. Strategic Planning Session for Johnson County/discussion. 3. Adjournment. 913 SOUTH DUBUQUE ST. P.O. BOX 1350 IOWA CITY, IOWA 52244-1350 TEL: (319) 356-6000 FAX: (319) 356-6086/0~ Iowa City Fire Department FIRE CHIEF TRAINING o FFICER SECRETARY OPERATIONS On-Duty Battalion Chief _ STATION #3 Public Education Engine #3 Lieutenant 2 Firefighters *FF/INSPECTOR STATION #1 Engine # Lieutenant 3 Firefighters Truck #1 Captain Firefighters PREVENTION Fire M~ STATION #2 Hazardous Materials Engine #2 Lieutenant Firefighters *The Inspector is part of the Truck 1 complement. Personnel roster Barta, Dave ..............................CAPT Blank, Jerry ..............................CAPT Bok, Chris ....................................LT Bredman, Bryan ............................FF Brenneman, Elmer .........................BC Brick, Darrall ................................FF Brooks, Harry ...............................FF Brown, Ken ..................................LT Buser, Dan ...................................FF Cook, Steve .................................FF Deeds, Lyle ..................................FF DeValk, Scot .................................FF Dolan, Steve ...........................LT/TO Dolezal, Frank ...............................FF Fabian, Don ..................................FF Flake, Ron ....................................FF Goolsby, Scott .............................FF Greer, Brian ..................................FF Grier, John ...................................LT Hansen, Dennis ............................FF Hanson, Roger ..............................LT Henry, Bob ...................................FF Hopkins, Nate ...............................FF Humston, Jim ...............................BC Jensen, Roger ........................BC/FM Joens, Jim ...................................FF Kahler, Larry .................................LT Kelly, John ...................................FF Knight, Roger ............., .................FF Koch, Kelly ...................................FF Lacina, Tom .................................LT Lacy, Chris ...................................FF Langstaff, Dean ............................FF Miller, Brenda ...........ADMIN CLK/TYP Norenberg, George ........................FF Platz, Brian ...................................LT Platz, Lance .................................FF Reyhons, Marc .............................FF Riss, Adam ..................................FF Rocca, Andy ................................FC Rohr, Brian ...................................FF Schaapveld, Les ............................FF Smith, Dan ..............................CAPT Smothers, Brad .............................FF Stagg, Wayne ...............................LT Stimmel, Steve .............................LT Stutzman, Ron .............................BC Suedkamp, Paul ............................FF Tinnes, Greg .................................FF Vest, Janet ...................................FF Wyss, John ..................................FF AUTHORIZED POSITIONS 1 ......................................Fire Chief 1 .............Administrative Clerk/Typist 4 .............................Battalion Chiefs 3 .......................................Captains 10 ..................................Lieutenants 33 ...........................; .......Firefighters 52 ........................................TOTAL Ending 12/31/96 FIRE DEPARTMENT ADIV!INISTATION AND SUPPORT The year 1996 was productive for the Iowa City Fire Department. During the course of the year, a new fire engine was purchased and two new programs were implemented: 1) Confined Space Rescue Program, and 2) Juvenile Firesetters Program. In addition, the following personnel transactions took place: Andy Rocca was appointed Fire Chief Roger Jensen was promoted to Battalion Chief-Fire Marshal Elmer Brenneman was promoted to Battalion Chief Jim Humston was promoted to Battalion Chief Dan Smith was promoted to Captain Dave Barta was promoted to Captain Steve Dolan was appointed Training Officer John Grier was promoted to Lieutenant Chris Bok was promoted to Lieutenant Steve Stimmel was promoted to Lieutenant Brian Platz was promoted to Lieutenant Marc Reyhons was hired from the Civil Service list as a Firefighter Scot DeValk was hired from the Civil Service list as a Firefighter Greg Tinnes was hired from the Civil Service list as a Firefighter Bob Henry was hired from the Civil Service list as a Firefighter Adam Riss was hired from the Civil Service list as a Firefighter Firefighter Dale Miller retired on January 26, 1996 Battalion Chief Tom Hansen retired on March 22, 1996 Battalion Chief Terry Fiala retired on September 1,1996 Firefighter Mark Pearson retired on December 20,1996 In 1996, the Iowa City Fire Department continued to keep safety as a priority goal. The Health and Safety Committee, comprised of fire department personnel and Iowa City's Occupational Health Specialist, addressed several issues. One issue was physical fitness. The committee assisted in the development of a comprehensive physical fitness evaluation process. Department personnel were evaluated in areas of body fat composition, aerobic capacity, cardiovascular capability, upper and lower body strength, and flexibility. The results will assist personnel in understanding their physical condition, and in developing work-out routines that will improve or maintain their level of fitness. The committee also spent a great deal of time evaluating personal protection equipment. Several fire helmets did not meet the current National Fire Protection Association (NFPA) standards. All fire helmets were subsequently replaced with helmets that meet NFPA standards. Station wear was evaluated, and it was found that our footwear was not adequate to meet the demands of the job. Due to the addition of confined space and rescue services, the current footwear did not provide the support or traction needed. After a lengthy evaluation period, a strong, durable half boot was selected that met the need of ankle support and comfort. The fire fighting clothing standards changed in November of 1996; therefore, all further purchases of turnout gear will meet the standards. The Respiratory Protection Standard was evaluated, and the yearly tests to meet the standards were revised. Training was provided using theatrical smoke in a structure to test all fire department personnel in SCBA (Self Contained Breathing Apparatus) usage. Several firefighters received certification in SCBA care and maintenance. They have tested and evaluated all breathing apparatus to ensure that this safety equipment works properly. A committee was formed to develop an employee evaluation process that meets department needs. The group held sessions with all fire department personnel, and developed a very comprehensive evaluation tool which will be used in 1997 - this was a cooperative effort between the fire department staff and union. The department continues to recognize the need for additional space and with the addition of more equipment and vehicles, we have outgrown our current facilities. The current stations require constant upkeep as they are reaching 25 years of age. In planning for the future, we will be implementing a strategic planning process, evaluating all aspects of the department to improve customer service. FIRE DEPARTMENT OPERATIONS The Iowa City Fire Department responded to 3,136 emergency calls in 1996, which was nearly identical to the number of incidents from the previous year. The fire department responds to a variety of medical emergencies, fires, hazardous materials incidents, and rescues. This year 1,784, or approximately 57 percent, of the calls were requests for response to medical emergencies. Property loss from fire damage in Iowa City during 1996 totaled approximately $1.35 million. While this represents almost a 50% increase from the previous year, it is below the five-year average of 91.49 million. The year did have an ominous beginning with a New Year's Day residential fire causing 9230,000 damage followed by another structure fire on January 2®, which destroyed an apartment building resulting in a 9250,000 loss. In 1996, only 2.5% (76) of the emergency calls to the fire department were for residential fires, but those same residential fires were responsible for 90% of the total property damage and one fire death. It is also noteworthy that the continuous growth of Iowa City has placed increased demands on our fire department to the extent that during the past year, the fire department requested assistance from Johnson County Mutual Aid fire departments 18 times for firefighting activities. On February 25, 1996, the fire department placed a new fire engine in-service. Engine 1 has a 1500 gallons per minute fire pump with foam capability, fully enclosed cab providing safety for responding personnel, is compliant with National Fire Protection Association 1901, and cost approximately $240,000. Engine 1 replaced a fire apparatus that was 21 years old. As mentioned above, nearly 60 percent of emergency calls to the fire department are for medical emergencies. Our delivery of service for those medical emergencies is being affected by the changing face of health care currently sweeping the country. First, the State Health Department has upgraded the certification requirements of emergency medical technicians to improve patient care. At year's end, our department was beginning to address the additional training, equipment, and record keeping needs necessary for the upgrade. Second, the Iowa City Emergency Communications Center recently implemented a nationally recognized standard called Emergency Medical Dispatch (EMD). The standard uses a tiered system of response designed to utilize the community emergency medical resources more efficiently by reducing unnecessary duplication of services. It will also make our response activities safer and in time should provide some relief to the current demand on department resources. On July 15, 1996, the Iowa City Fire Department officially placed a confined space rescue team in service. An Occupational Safety and Health Administration (OSHA) regulation mandated that a rescue service be available for confined space entry problems. Various departments of the city have permit required confined spaces that must be entered occasionally and the fire department was asked to provide the required rescue service. The city provided the necessary funds and the fire department provided personnel and training. Each firefighter received 40 to 60 hours of specialized confined space rescue training. A used extended van was purchased from the University of Iowa for use as an interim response vehicle. The van was retrofitted to carry a wide array of rescue ropes, harnesses, monitoring equipment, breathing apparatus, tripods, etc. In 1997, the department hopes to recoup part of the confined space rescue startup expenses by offering the rescue service to local industry on a fee-for-service basis. Another sign of changing times in delivery of the traditional services offered by a fire department is the increased use of carbon monoxide detectors in residential occupancies and the related request for a response to the detector sounding. There were 26 requests for this service during last year's winter months. The fire department anticipated this and responded by purchasing carbon monoxide meters for each fire engine, training personnel, and implementing procedures to meet the demand. The citizens who need this service have responded favorably and are very appreciative. This type of call for service will most certainly increase in the future as carbon monoxide detectors become more affordable and more prevalent. The fire department also continues to support the Johnson County Hazardous Materials Team with 12 personnel currently serving as certified Hazardous Materials Technicians. Station 2 is officially designated as the Haz-Mat station. Personnel assigned to Station 2 spend a considerable amount of time training with the County team, providing in-house basic haz-mat refresher training for all personnel, managing the department hazard communications program, and overseeing the city hazard analysis program. The Johnson County Haz-Mat Team is another prime example of resource sharing by both the city and the county providing a service at an economical cost to our citizens. While the vast majority of 180 spills in the city last year were minor (gasoline, antifreeze, etc.), there were six major hazardous materials incidents in the county that required the team to respond. The most noteworthy incident occurred at the Highlander Inn when two noncompatible pool chemicals were accidentally mixed and produced a chlorine gas. The incident took five hours to safely mitigate and forced a late night evacuation of all occupants at the Highlander Inn, including Bobby Knight and the Indiana basketball team. The year 1997 will also be productive as firefighters upgrade their medical training to the Emergency Medical Technician - Basic (EMT-B) level, complete training and testing necessary to implement a heavy rescue response capability, begin writing specifications for a rescue apparatus, and continue to provide the basic services the citizens of this community expect. TRAINING DIVISION The training division was challenged in 1996 with the implementation of two major related programs: Confined Space and Heavy Rescue. We have also continued the challenge of providing the opportunity of 20 hours of training each month for each individual. Five new firefighters were hired during 1996. These individuals train in basic firefighting skills prior to being assigned to a shift. The purpose of the pre-shift training is to prepare them for responding to the wide variety of calls this department receives. During this three week orientation period, new firefighters are instructed in the areas of firefighting, emergency medical services, rescue, hazmat, and administrative rules and regulations, and annual required right-to-know and bloodborne pathogen training. With the new personnel, there was a need and opportunity for two live fire exercises in the city. The information breakdown of reported training for 1996 is as follows: TYPE OF TRAINING (HOURS) Company level 2,055 Shift level 1,909 Department level 3,919 Administrative/Other 846 TOTAL 8,729 METHOD OF TRAINING (HOURS) Classroom 3,612 Hands-on 4,363 Unspecified 754. TOTAL 8,729 CATEGORY OF TRAINING (HOURS) Emergency Medical Services 3,612 Fire 1,181 HAZMAT 1,181 Rescue 4,262 Administrative/Other 671. TOTAL 8,729 The recruit training is not included in the above statistics as this reflects the on- duty/shift hours of training. Confined space training has been completed and heavy rescue training is nearing completion, consisting of 4,262 hours in 1996. The confined space rescue program is now on-line and ready to respond, along with a van purchased to transport the equipment. Heavy rescue training will be ready to go on-line in early 1997 on a limited basis while we await the arrival of a heavy rescue vehicle to carry all the needed equipment. Confined space and heavy rescue training placed an even greater need on the fire department for a training area. The training division acquired an area located to the south of the transit facility to be used as a heavy rescue training site. The site has been fenced off and is receiving the needed improvements, A local towing company delivered an excess of 32 vehicles for personnel to disassemble while training with the jaws of life. The company then returns and tows away the dismantled vehicles at no cost to the city. There has been a concerted effort and commitment by the towing company to assist the fire department in reaching its training goals. Several department employees provided a tremendous commitment and effort in preparing and instructing 94.7 hours of training in confined space and heavy rescue to fire department personnel. The Iowa City Fire Department had the opportunity to provide live fire training for fire department personnel by burning a manufactured home and the old Senior Pablos restaurant. The live fire training allowed the fire department to provide citizens of the community with Some insight into fire suppression activities and an opportunity for teaching fire safety. The training fire also provided fire department personnel invaluable practical experience. In 1996, the Iowa City Fire Department provided 8,729 hours of training, averaging 16.16 hours per person each month -this is an increase of 4.3% over last year. FIRE PREVENTION BUREAU The year 1996 brought significant changes to all levels of prevention at the Iowa City Fire Department. A new Fire Marshal, a new Bureau Inspector/Investigator and seven new faces at the public education station represent nearly a 70% turnover in personnel. New people in new positions required an emphasis on continuing education and adjustments. Some of the educational opportunities undertaken to facilitate the turnover included: two public education personnel to the Galena, Illinois, Public Education Conference; three public educators to the Colorado Safety and Prevention Conference in Breckenridge; 'two fire investigators to the Iowa Arson Investigators Conference; two Bureau inspectors to the Hawkeye State Fire Safety Enforcement Conference; and two cause and origin investigators to the state fire marshal sponsored fire/arson investigation class in Des Moines. On July 6, 1996, an electrical short circuit caused a fire at #96 Hilltop Mobile Home Park which took the life of its 32 year old occupant. The loss, coupled with a storied local history of fatal fires in manufactured homes, led to the formation of a manufactured home fire safety task force. The task force is comprised of employees of the City of Iowa City Housing Rehab Office, Iowa City Housing Inspection Services, the University of Iowa Burn Treatment Center, and the Iowa City Fire Department. The task force has identified first year goals and is seeking community development block grant funds to assist in financing this effort. Now in its fourth year of operation, the "Fire Safety Trailer" was part of the instructional program for 670 third and fourth grade students in public and parochial schools in the community. The ever popular activity uses a 1-1/2 story mobile trailer for the practical application, which complements a firefighter led .classroom session. The classroom and hands-on exercise teaches children the various elements of escape planning and survival skills. The fire safety trailer is available to Johnson County Eire Mutual Aid Association fire departments for a minimal fee. Out-of-town users are required to attend a train-the-trainer class that is offered by this department. Fire loss data released by the National Fire Protection Association shows a disturbing rise in the category of fires started by children playing with matches and lighters. To combat the problem locally, a "Juvenile Firesetter Program" was launched by the Iowa City Fire Department. The program seeks to build a structured community program for children and adolescents who set fires. Using the Federal Emergency Management Agency (FEMA) program as a model, guidelines have been established to assist personnel in interviewing and counseling juvenile firesetters. Community based networks are being established to provide links to community health professionals where referrals are needed. The local program is in its first year of existence and is building a solid base upon which to grow. The Iowa City Fire Department takes great pride in co-sponsoring 'the Johnson County SAFE KIDS Coalition. Its mission is to curb the incidence of unintentional childhood injury to children ages 0-14. The coalition is in its third year of existence and is jointly led by Mercy Hospital and the Iowa City Fire Department. The fire department provided assistance to a variety of coalition led activities throughout the year ranging from a farm safety day to a bicycle rodeo. October means Fire Prevention Week, which provides an annual spotlight for fire safety educators. Station 3 personnel spend the better part of two weeks in early October traveling from school to school spreading the fire safety message. This year's theme was, "Let's hear it for fire safety - test your detectors." A puppet show and the "Freddie-the-Fire Truck" robot were featured at elementary school assemblies to promote fire safety in a captivating show. Senior citizens also face a high risk of being injured or killed in a fire. To confront the risks, a fire safety presentation was prepared and delivered at Oaknoll Retirement, Pathways Adult Day Care, and Chatham Oaks. Evacuation plan review was a component of the exercise. To enhance the safety of senior citizens, a "Battery-Up" day was co-sponsored in November by the fire department and the American Red Cross. Firefighters and Red Cross volunteers went into the homes of elderly citizens to install new smoke detectors or replacement batteries and offering an educational component. The products and service were provided free of charge. Fostering relationships with business, industry, and neighborhoods is an ongoing function for the fire department. To meet this end, fire prevention personnel presented safety talks and demonstrations to numerous businesses, scouting and youth groups, industrial fire brigades, and countless service clubs. Chamber of Commerce events and university sponsored activities such as Walk of the Stars, Riverfest, Sports Night, health and safety fairs, and a journalism class project were a few of the opportunities we used to share ourselves and to get to know our neighbors, friends and customers a little bit better. Performance Measurements Actual Actual Actual Actual Actual CY92 CY93 CY94 CY95 CY96 Total Responses 2,345 2,723 2,842 3,162 3,136 Fire Responses 1,036 987 1,013 1,116 1,159 Actual Fires 241 240 306 280 245 Hazardous Conditions 157 206 196 193 193 Medical Emergencies 1,152 1,530 1,607 1,853 1,784 Total Fire Loss $1,035,607 $506,111 Loss Per Capita $17.26 $8.44 Dollar Loss Per Fire $4,297 $2,109 $4,862,954 $81.05 $t 5,892 Avg. Response Time (Mins) Fires/1,000 Population Suspicious/Incendiary Fires Dollar Loss S/I Fires $815,595 $13.60 $2,912 $1,354,887 $22.53 $5,530 3.74 4.4 4.32 5.0 4.47 4.02 4.0 5.10 4.67 4.07 25 20 30 7 15 $233,715 $5,126 $1,201,166 $23,360 $18,353 Inspections 2,646 2,500 2,573 2,598 '1,949 Reinspections 661 675 708 722 542 CPR Classes 31 14 Public Education 245 240 Demonstrations 21 252 Fire Fighter Training 10.91 11.4 Hrs. Per Month 26 257 15.5 10.5 19 28O 16.16 *Bi-ennial commercial inspection rotation schedule implemented. Census 60,000 60,000 60,000 60,000 60,148 Civilian Fire Injuries 7 1 7 1 0 Civilian Fire Deaths 1 0 0 2 1 Fire Fighter Fire/EMS 16 17 18 33 19 Injuries Fire Fighter Fire/EMS 0 0 0 0 0 Deaths Fire Fighter Non-Fire 12 13 13 8 5 Injuries On the cover Photo by Jerry Nixon, City of Iowa City Cable TV Pictured are iowa City Fire Department personnel training for confined space emergencies. The confined space rescue program was implemented July 15, 1996. City of Iowa City MEMORANDUM Date: To: From: Re: March 7, 1997 City Council City Manager Meeting With Father Vrba of St. Patrick's Church Late Thursday afternoon Marian Karr and I met with Father Vrba to discuss the proposed St. Patrick's property acquisition. The attached letter was sent to Father Vrba on Friday as a result of that meeting. We attempted to be very direct and to the point, we indicated to Father Vrba that we felt the land was overpriced at $1.3 million. We further indicated to him what we believed to be the benefits of a parking ramp project on that site but that the Council was strongly committed to paying a fair market price for the land, which we believe is not represented by the $1.3 million figure. We had a general discussion about issues, and Father Vrba, who is easy to work with and talk to, understood our position. We indicated that if at some time in the future St. Patrick's was interested in selling their land, we would be interested in a purchase. Father Vrba thanked us and would consult with others in the St. Pat's parish. We indicated we would be pursuing other options. Attachment cc: Marian Karr jw/verba.sa March 7, 1997 CITY OF I0 WA CITY Father James Vrba St. Patrick's Rectory 228 E. Court St. Iowa City, IA 52240 Dear Father Jim: Thank you for the opportunity to talk with you about the proposed purchase of the St. Pat's parking lot. After discussions with the City Council, we have concluded that the proposed $1.3 million price is well beyond what we believe to be the value of the property and therefore, while we remain interested, we see no purpose in further discussions at this time. The City Council will continue to pursue parking in the south side of our downtown area and we will look to other sites. I believe, in my discussions with the City Council, there was no interest at this time in the .condemnation of the property. If and when you might choose to market the property, at that time there may be renewed interest from the City. Please let us know. Thank you for your interest in this matter. Sincerely, */ ePh~tkins City Manager cc: Marian Karr bc\vrba.sa 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356-$000 * FAX (319) :356-5009 City of Iowa City MEMORANDUM Date: March 7, 1997 To: City Council From: Steve Atkins Re: SEATS The other day I called Sally Stutsman to get an update on the County plans for SEATS service and, in particular, their recruitment for a new director. She indicated they had settled in on a general salary range and were actively recruiting. I asked her for an update based on an earlier conversation we had, that is they may not recruit and would consider the City running the SEATS program, at least for City residents. She indicated they had discussed the issue and felt they should proceed with recruitment of a new director. Sally indicated the county would be interested in a new 28E agreement concerning SEATS service. I did remind her we have an obligation to proceed with an RFP in the very near future. I also indicated we were getting somewhat mixed signals from the federal transportation officials in that they indicated an RFP, although they encourage this process, may not be necessary if we were entering into a "intergovernmental agreement." This simply confuses the matter even further. I did indicate that whether it be an RFP or an intergovernmental agreement there does exist potential the county could hire someone and there might not be a service to administer, that is, the Council could approve a private contractor. She is aware from our review of the limited computerized information that we are concerned about down time and other factors. Sally said she would give this some thought and while I did not wish to appear threatening, there is the possibility that with an RFP there could be a different service provider or with a 28E agreement we could propose services they may not find acceptable and thereby find the SEATS program in City hands. My point was there are many variables and the sooner we can talk about these issues the better. The attached letter is sent off to Sally to get the SEATS discussions under way. It provides a number of fall back positions for us, in that I am not sure what the County plans to do. Attachment jw/seats.sa March 7, 1997 CITY OF I0 WA CITY Ms. Sally Stutsman, Chair Johnson County Board of Supervisors P.O. Box 1350 Iowa City, IA 52244-1350 Dear Sally: The purpose of this letter is to initiate the process whereby the City of Iowa City and Johnson County can arrive at an agreement with respect to the provision of paratransit/SEATS service for Iowa City residents. As you know we have received somewhat conflicting information from the Federal Transit Administration in that they require an RFP periodically when we initiate a procurement of services; however, if we are to simply enter into an intergovernmental agreement this RFP process is evidently not required. We would suspect the intergovernmental agreement requirement would be satisfied by way of a 28~E agreement between the City of Iowa City and Johnson County. The Federal Transit Administration officials have indicated they prefer the RFP in that it allows all profit or not-for-profit service providers to participate in a bid. Be that as it may, and it is unlikely we can ever be absolutely sure of what the feds want us to do, I would suggest we initiate discussions directed toward an intergovernmental agreement. If satisfactorily negotiated, I believe we can demonstrate financial consequences which would be acceptable to the federal government. We have a number of concerns about the provision of SEATS service. Specifically the level of and manner by which service is provided to our community will be a critical factor in these negotiations. The City Council has stated strong opinions about the SEATS service, and some of their recent actions concerning fares and other related eligibility issues I believe substantiates their concern and interest in this service. We believe there are certain inefficiencies in the existing SEATS service to the City and would pursue such matters in our negotiations. With the limited computer reports we have received to date, it demonstrates a substantial downtime in the current SEATS operating procedures. We would enter our negotiations with the understanding that the county would be willing to discuss this matter and resolve the down time issue. This will be critical to any agreement which I believe will be acceptable to the City Council. As a proposal, the City would request a contract for service for a total of five vehicles dedicated solely to Iowa City service to operate between the hours of 6 a.m. and 5 p.m. for daytime service from Monday through Friday. This would also translate into an estimated 53 hours of service available per day (5 x 11+). These vehicles would provide service only to residents of 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-5009 Ms. Sally Stutsman March 7, 1997 Page 2 Iowa City within the corporate limits of Iowa City. Supplemental rides during the day and all evening and weekend service would be provided by private taxi service. The terms and conditions under which we would see that these services are provided will be a subject of our negotiations. Johnson County would be responsible for scheduling all rides. An example of the existing SEATS service which is a concern to us pertains to Systems Unlimited service. As I understand Johnson County currently provides paratransit service to Systems Unlimited on a contractual basis. The rides provided under contract occur during the AM and PM peak periods, and are not considered Iowa City rides; that is, they are the responsibility of Johnson County. This results in the number of idle vans in service during midday, the majority of the expense of which is charged to Iowa City. We would like to see SEATS drivers be scheduled on split shifts as does Iowa City Transit in order to reduce the labor cost associated with midday paratransit service. We believe that operating under these general conditions with dedicated vans would make the computer reporting system more effective, and the reporting requirements of the contract would be far easier to obtain. With this system we believe can track our expenses sufficiently. Our experience with reporting requirements has not been acceptable to date. The City of Iowa City has been forced to reduce fixed route bus service to meet a continuing rise in the cost not only associated with general operations, but those costs associated with paratransit service. We would like to avoid future reductions with respect to our fixed route system. We believe by addressing cost issues directly associated with paratransit we may be able to achieve that goal without a significant adverse effect on either system. Please give this matter your consideration and let me know how you would like to pursue these further discussions/negotiations. This letter can serve as the framework of these discussions and we can draft a proposed 28E agreement from which our negotiations can proceed. Sincerely, Stephen J. Atkins City Manager cc: City Council Joe Fowler Jeff Davidson Ron Logsden jw/stutsman. sa/doc Iowa City/~a Devetop'neqt G~ip, Inc 325 EastWaslngtc~ S~ee~ St~ 100 POBox2~7 Iowa C~, IA 52244 Preside Repor September !996 JOHN HANCOCK Executive Meetings Video Set-Up and Completion Breakfast, Tour IC and Real Estate, NCS, Moore, and ACT HR Personnel Sent Testimonials & Building Information Spoke with Developers to Update & Gather Building Possibilities Bill Bywater Delivered Letters from Mayors and IA Sweatshirts Sent Recent Grad Information on the U of I and Kirkwood Sent Caps from Bob Broadbear, Moore Business Fo~ms Letter from ICAD Chair, Robert Bownor Sent Commuting Patterns for Johnson and Surrounding Counties Constructing a Labor Profile LUNCHEON MEETINGS WITH HANK MADDEON AND OTHERS ON DEVELOPING INVESTORS FOR VENTURE CAPITOL PROJECTS. SELL IOWA TRIP TO MINNEAPOLIS WITH STATE OF IOWA. PROSEPCT TO KALONA, COMPANY IS CALLED "WAGON T,%-~IN". MET WITH KALONA ECONOMIC GROUP. PRESENTATION OF BLUE RIBBON AWARD TO IOWA CITY SCHOOL DISTRICT ATTENDED SURVIVAL SUMMIT PRESENTED BY PAUL PATE AT 1sT NATIONAL BANK. LOUIS RICH MEETING, WEST LIBERTY UPDATE ON PROGRESS OF TURKEY GROWERS PURCHASE AND THE RETRAINING OF THE EXISTING WORKFORCE. Pres n Report October 1996 Served on selection committee for economic development. Awards on November 20, 1996. Selections completed. ICAD and Iowa Department of Economic Development met with a local company planning a possible expansion. We will follow this closely in the next few months. On October !0"' joined Employment Systems' Business Adviso,w committee.. This committee works with local businesses and industw to employ people with mental and physical disabilities. Attended Economy Advertising's 100 year celebration. Awaiting feedback on John Hancock tape from consultant and John Hancock staff. Working on Oral B expansion and CEBA grant. City Council meeting November 4th, at 7:30. Advised Scheels All Sports, Inc. of local. contractors. David Revier will be manager of new store in Coral Ridge. Attended ACT's annual meeting on October 23. Professional Developers of Iowa meeting In Des Moines on October 23, 24, & 25. Trip to Applied Systems, Monday October 28. Follow-up to future plans for Coralville location. Worked with IES and other Iowa developers at the Medical Design and Manufacturing regional show in Minneapolis October 29, 30 and 31~t. PRESIDENT' S REPORT IOWA CITY AREA DEVELOPMENT GROUP, INC. November, 1996 Attended IDRC Congress on November 2 through November 6th. The State of Iowa hosted a reception on Monday evening November 4th . Twelve other communities co-hosted this event which showcased to the Fortune companies what Iowa has to offer. Meeting with Pat Highland of the Iowa City School District on work keys. Hampton Inn Ribbon Cutting ceremony and dinner. Site visit 'for a fuse plant relocation with a meeting with Mr. Sate and the College of Engineering. Mr. Sate wanted to know what courses were taught at the University of Iowa and how they may recruit graduates for his company. We also looked at plant sites in the Iowa City and Coralville area. Attended North Liberty Economic Development dinner. Meeting with Gary Owens the new International Economic Developer for the State of Iowa. Luncheon meeting with Bill Decker & Steven Bruell to discuss programmers. There is a need for this profession and we discussed how we can work together to encourage more students to look at these opportunities. Future discussions on programmers will follow in coming months. Meeting with Bill Wittig on development prospects. Meeting wkh Employment Systems as part of an advisory board for job opportunities. Luncheon in Minneapolis with the Governor. Invited all top management from their headquarters in Minnesota that have facilities in Iowa, We thanked them for being in Iowa and pointed. out advantage of expansion in Iowa. About 50 people attended, Found a prototype manufacturer for a new company that has a potential patent on a new product. Oral B Ceba approved November 19~!~. Applied Systems, Don Hollinger national sales manager meeting in my office to look for recent or new graduates for sales jobs around the US. Set up meeting with Dee Hurst from University of Iowa. Attended Chamber awards breakfast. PRESIDENT'S REPORT IOWA CITY AREA DEVELOPMENT GROUP, INC. December, 1996 Preparation for the Cushman & Wakefield site visit which was called off, Attended the Ground Breaking Ceremonies for CoraiRidge Mall and for the Town Square 5th Street buildings. Attended the Dedication ceremony at Corneli College for Kim Sang Chul on December 9th. Attended the Louis Rich Outplacement meeting on December 9th. Held an ICAD Rural Meeting on December 12th at the Coralville City Hall. Attended the IDED Magic Meeting in Des Moines on December 17th. Prospect who requested 150 acres for a distribution warehouse. This information was submitted to the state on December 27th. Locally it has received a lot of press and from that we have identified some new sites fbr the area. We have available land ibr this proj'ect or a future project in Oxford, Tiffin, Coralville, Solon and two sites if West Branch. A start-up company we have been working with has decided on West Liberty. Wagon Train has met with the people of Kalene that could manufacture parts for his products. This would be the main reason for a Kalona location. The turn out by Craftsmen was very good. The meeting lasted 5 hours. Jim Morrisroe will be in contact with me by the 10th of this month. December 1996 PRESIDENT' S REPORT IOWA CITY AREA DEVELOPMENT GROUP, INC. January, 1997 Meeting with Fred Chazbin about the sale of his land in C0ralvitte. Attended North Liberty Council Meeting to speak against impact fees. Meeting with Frieda on the n~w spec 72,000 square foot warehouse. Attended VNI Forum at North Hall. Meeting with Shundra Johnson and Patricia VanRollins on a proposed start-up company called "Imagination Place". Meeting with the University and businesses that have shortages in skilled personnel for computer- related jobs. Hosted by David Skorton. Both Cedar Rapids and Iowa City Area Companies attended. Meeting with ACT, Chamber, and School District to discuss -work keys and methods to advise and help High School age students decide on careers. Attended McDonald's in West Branch, first day open. Continuing to work with Kalona on wagon project. Hosted Eastern Iowa Allianc~ Meeting. W~ have an intern to help us provided by IES ant3 the University of Iowa. The- marketing plan was finalized. Bob Dewnet and I attended the Iowa Business Council meeting and dinner in Des Moines. Attended the Chamber's Annual Meeting. Hosted ICAD's Annual Meeting for approx. 160 people. It was vet well received: Meeting with David Skorton as he prepares to set his agenda for the year 1997 and 1998. Meeting with MBA students to discuss site selection. Attended with IES, the Medical Design & Manufacturing Show in Anaheim Ioo -king for prospects for the area, and for engineers, prograrmners and- ma-nagement to fill jobs that are open in the area. Attended Magic Meeting in Des Moines. Janua~' 1997 City of Iowa City Date: To: From: Re: March 7, 1997 City Council City Manager Follow Up Reports - Shaw Shooting Incident Attached are two documents which are in follow up to questions/information requested by the City Council. This information is being provided to you at this time. It is my opinion it is not privileged and therefore I plan to release copies to the media on Tuesday, March 11. Dale is out of town on Monday, and I would prefer that he be available for media questions. If you have any strong reservations about the release of this information, please let me know. Attachments cc: Dale Helling R. J. Winkelhake Linda Newman Woito Jw/shaw.sa City of Iowa City MEMORANDUM Date: To: From: Re: March 7, 1997 Stephen J. Atkins, City Manager Dale Helling, Assistant City Manager Follow-up Information - Shooting of Eric Shaw I have reviewed the internal investigation including the reports and interviews of police personnel involved at the scene of the shooting of Eric Shaw on the night of August 30, 1996. Accompa- nied by Chief Winkelhake, I have interviewed the officers who were on the scene at any time between the time the incident occurred until after Jay and Blossom Shaw had left the scene at approximately 1:15 AM. Personnel interviewed were: Capt. Pat Harney, Lt. Matt Johnson, Sgt. Rick Wyss (now Lt.), Sgt. Sid Jackson, Sgt. Jim Steffen, and Officers Prestegard, Hurd, Lippold, Kelsay, and Zacharias. Based on all the information reviewed and received, I believe the following is a reasonable and accurate representation of what occurred during the time in question. It is a brief synopsis and not meant to be a detailed account of each individuals actions. However, it does provide a broad overview of events at the scene during that time and may help you attain a better perspective of the activities of the officers on the scene and how they are interrelated. Capital letters in parentheses (X) refer to designated locations on the sketch of the scene attached. Please refer to these. Immediately after the shooting occurred, investigator Kelsay called for assistance (ambulance and supervisor) and told Officer Zacharias to take Officer Gillaspie to another location and try to help him compose himself. Kelsay then attended to Eric Shaw (A). Zacharias took Gillaspie to the vicinity of their patrol car (B), which was parked near Gilbert Street west and north of the building where the incident occurred. Zacharias indicated that his only conversation with Gillaspie involved his attempts to calm Gillaspie down. They had no discussion about the shooting itself during this time, and he was not successful in getting Gillaspie to calm down. Sgt. Jackson was the first responding officer to arrive. He quickly observed Zacharias and Gillaspie near their patrol car (B) and then he proceeded to the immediate scene (A) to assist 2 Kelsay, and to find out what had occurred. He had a brief conversation with Kelsay. Momentari- ly, the ambulance and Fire Dept. approached the scene and Jackson went to the street to direct them in. By this time, Officer Prestegard had arrived and directed his attention to Gillaspie and Zacharias. Prestegard and Zacharias continued to attempt to calm Gillaspie. Shortly thereafter, Sgt. Jackson instructed Prestegard to take Gillaspie to his (Prestegard's) unmarked car (O). Zacharias had been instructed to move his patrol car to the east side of the building (D) and had done so. Zacharias then remained by the rear of Prestegard's unmarked car (C) for a very short period of time. Gillaspie was in the back seat of the car (C) and Prestegard was present and just outside the car. Zacharias had no further contact with Gillaspie. A few minutes later Sgt. Steffen took Zacharias to the west side of the building (E). Upon arrival at the scene, ambulance and fire department personnel tended to Eric Shaw. Kelsay immediately left the building and remained just outside. He began searching for the spent shell casing from Gillaspie's gun. Lt. Johnson, Sgt. Wyss, Sgt. Steffen, and Officer Hurd all arrived within what appears to be seconds of one another, just after the arrival of the ambulance and fire department. Lt. Johnson told Sgt. Steffen to get initial information from Zacharias and to secure the area with police tape. Steffen delegated the latter task to Officer Hurd. Sgt. Jackson was now assisting Prestegard with Gillaspie (C), and within a short time (five to ten minutes) Jackson and Prestegard took G!llaspie to the police department in Jackson's car. Meanwhile, Sgt. Steffen had placed Zacharias in his (Steffen's) patrol car on the west side of the building (E) and questioned him there. Zacharias remained in the front seat of Sgt. Steffen's car thereafter and he had no further interaction with Kelsay. Kelsay remained on the north side of the building, discovered the shell casing (F) which had been under the ambulance, and covered it with a paper cup, pointing it out to Sgt. Wyss. He had no further contact with either Gillaspie, who was now at the police department, or with Zacharias, who remained in Sgt. Steffen's patrol car (E). Sgt. Wyss remained in the general area on the north side of the building with Kelsay, advising him that they would wait there for the arrival of Division of Criminal Investigation (DCI) persor~nel. Kelsay returned to the immediate scene of the shooting (A) twice more, once shortly after medical personnel had left, at which time he stood in the doorway, reached in and turned out the light. He did this because he had noticed someone "gawking" at the scene from a neighboring building. He later returned to the doorway one final time with Sgt. Wyss to hang up a sheet to cover the 3 doorway shortly before the arrival of the Shaws. At no time did Kelsay re-enter, nor did any other Iowa City Police Department officer enter the building prior to the arrival of the DCI. At approximately 12:50 a.m. Jay and Blossom Shaw arrived at the scene (G). Jay Shaw immedi- ately entered the taped area from the west. Kelsay and Sgt. Wyss were inside the taped perime- ter and Sgt. Wyss moved toward Shaw intending to block his access to the immediate scene. Sgts. Steffen and Wyss confronted Shaw and stopped him. Officer Hurd then assisted in escorting Shaw back outside the perimeter to the west and Kelsay remained back without having been directly involved. He did not have any contact or interaction with Jay Shaw. Steffen escorted Shaw away from the perimeter and remained with him or near him thereafter. Sgt. Wyss returned to a location some distance to the east and inside the taped perimeter, near Kelsay. Jay Shaw made no further attempt to encroach upon the immediate scene, however, he did move about in the area to the west and approached the tape on several occasions. He talked alterna- tively with Sgt. Steffen and with his wife, Blossom, who at one point also' approached the taped perimeter. At that point Sgt. Wyss and Investigator Kelsay moved in a direction intended to block her approach. However, she did not cross the tape barrier but sat or laid on the ground for a time. Wyss and Kelsay again backed away and remained inside the perimeter, neither having any direct contact with Blossom Shaw. Capt. Harney and Sgt. Jackson returned just after the Shaws' arrival and Officer Lippold also arrived. Capt. Harney did converse with the Shaws and Officer Lippold at one point addressed Jay Shaw suggesting that they try to get Blossom up and back to the Shaws' car. Harney talked with Blossom Shaw, attempting to get her off the ground and back to their car. Neither Kelsay nor Sgt. Wyss had any contact with Blossom Shaw, and Wyss had only limited contact with Jay Shaw. During the time the Shaws were present, Officer Zacharias remained in the front seat of Sgt. Steffen's patrol car (15). Kelsay remained inside the taped perimeter north of the building. Sgt. Wyss was with or near him most of the time. At one point Kelsay said to Wyss that he did not think Zacharias should have to see all that was taking place on the scene and, that probably he (Kelsa~/) shouldn't either. Neither Kelsay nor Sgt. Wyss felt that the Shaws could have overheard this statement, due to the distance between them, verbalizations by the Shaws, and the Shaws' interaction with other officers present. The Shaws departed the scene at approximately 1:15 a.m. 4 Investigator Kelsay's report included a statement that he did have some involvement with the scene of the shooting immediately afterward. This included moving some items near where Eric Shaw lay in order that he (and medical personnel) could attend to Shaw. While medical person- nel were present, he searched for the spent shell casing from Gillaspie's gun, knowing that it was important to locate and preserve it. He found the casing after the ambulance had departed (the ambulance had been parked immediately over the spent shell casing) and immediately placed a paper cup over it, pointing it out to Sergeant Wyss. A short time later he went to the doorway, reached in and turned out the light, to obscure the scene from "gawkers" in the area. Finally, he assisted Sergeant Wyss in taping a sheet over the outside of the doorway prior to the arrival of the Shaws. Beyond his initial tending to Eric Shaw and locating the shell casing, whether Kelsay's other actions would constitute interacting with the scene is a matter of how one defines "interacting." Officer Lippold clarified his statement that, upon his arrival, Sergeant Wyss, Sergeant Steffen, Sergeant Jackson, Officer Hurd, and Officer Kelsay were "present and dealing with a very upset couple." All the above-named officers were present and several of them were dealing with the Shaws. However, while Kelsay was clearly present and visible, he was not observed by Lippold to have any personal contact with either Jay or Blossom Shaw. Lippold did observe Kelsay in the area inside the taped perimeter at a distance he estimated at approximately ten yards from where other officers and the Shaws were located. His initial reference was to the group of officers present and was not meant to indicate what each one was specifically doing. Similarly, Sergeant Wyss indicated that his references to "we began securing the scene" and "we placed crime scene tape" were collective references to the group of officers present. Neither Kelsay nor any other officers recalled Kelsay assisting with the placing of the crime scene tape. Wyss's references to securing the scene basically referred to protecting it from any further outside influences, indicating no further interaction by anyone. Officer Kelsay explained his statement made during the internal investigation interview which referred to three officers restraining Jay Shaw and "...myself and Sergeant Wyss did the same with the mother" (of Eric Shaw). When Jay Shaw approached and crossed the yellow tape barrier, Sgt. Wyss moved in a direction to block Jay's access to the immediate scene. Kelsay remained at a distance. When Blossom Shaw approached, Kelsay moved in a direction to assist Sgt. Wyss in blocking Blossom's access because the other officers were busy with Jay Shaw. However, neither he nor Sergeant Wyss had any contact with Blossom as she stopped short of the tape and did not attempt to cross it. 5 Chief Winkelhake, in responding to Council's questions, was taking into account additional information he had obtained after the internal investigation was completed. This additional information was obtained through conversations the Chief initiated with the officers involved in order to prepare his responses. These recent interviews, in my judgment, substantiate that those responses are correct. I received no indication that Officer Kelsay had any interaction with the scene, after his initial response, which might in any way have contaminated the scene or altered the physical evidence. In fact, his actions were almost exclusively directed toward maintaining the integrity and security of the scene. In addition, none of the personnel interviewed observed Kelsay or Zachadas to have any interaction with the Shaws or with each other. In all cases where they were observed, Kelsay was at an estimated distance from 10 feet to 50 feet from where the Shaws were and Zachafias was seated in Sgt. Steffen's patrol car. I would be happy to provide further information or clarification if you wish. mgr~asst~followup.mmo Cov~c. rP. GP.. TO: FROM: RE: DATE: MEMORANDUM Stephen Atkins, City Manager R. J. Winkelhake, Chief of Police NEIGHBORHOOD POLICING March 4, 1997 The purpose of this memo is to provide you with an update of the Neighborhood Policing efforts of the Iowa City Police Department. What is Neighborhood Policing? In Iowa City it is our intent for Neighborhood Policing to place an emphasis on stopping or preventing crime before it happens. If we can bring police and citizens together to prevent crime, we also address neighborhood problems. The cornerstone of neighborhood policing is for our officers to get to know the people within an officer's beat or area. Our officers can then become better aware of the needs of the citizens who live and/or work in their assigned area. A major advantage of Neighborhood Policing is that it can serve as a vehicle for better communications. The communications exchange allows citizens to express concerns to our police officers about the neighborhood and also to have input in deciding what type of public safety initiatives and resources are to be used in a particular area. Neighborhood Policing is an effort on the part of our police to help improve the overall quality of life in our neighborhoods. The requirements of the Federal grant are expressed in the goals and objectives of the application booklet. The goals are: 1. Increase the number of sworn law enforcement officers serving areas where they are needed. 2. Improve the long-term ability of law enforcement agencies to engage in community policing by deploying additional sworn law enforcement officers. 3. Improve public safety through innovative crime prevention, including community policing. The objectives are to: 1. Hire additional law enforcement officers to increase sworn officer deployment and expand community policing designed to prevent crime, promote problem solving, and enhance public safety. 2. Rehire law enforcement officers who have been laid off (as a result of State and local budget reductions) to increase sworn officer deployment and expand community policing. The grant suggests methods to meet the requirements for utilization of the officers provided by the grant as multi-disciplinary crime prevention teams, public education, neighborhood resource centers and foot patrol. Community/Neighborhood Policing - What have we done? Bicycle Patrol - We currently have ten officers who are certified police cyclists. Officers are assigned to all the watches. While the emphasis has been the "downtown", high density apartment units, and high visibility events, the ver. satility and visibility of the bike officer makes them an. asset in all areas and especially during daylight hours. A survey directed at the downtown merchants showed the bike patrol concept was well supported. 2 Targeted Walking Patrol - During the warmer months, directed walking patrol has been initiated when time allows our officers to engage in this type of activity. Such walking patrols have been well received, notably in downtown. Records indicate that a 1994 program targeted at the Broadway/Cedarwood area resulted in 294 hours of "walking the beat", all of which was beyond the normal duty day. Feedback from citizens in that area was positive. Last summer, two officers from each watch spent some targeted time in these same areas on foot and bicycles. Unfortunately, many times the officers were called to other activities which greatly curtailed this function. The volume of calls and other demands on officers' time can diminish the effectiveness however the permanent area assignments does allow that all available time is directed at Neighborhood Policing. Officers are encouraged and do make special walk throughs of our mall areas, both Sycamore and Old Capitol. Walking patrol has been incorporated into many events going on in our City; downtown weekends, football Saturdays at the stadium, 4th of July, Jazz Fest, Hospice Race, are some examples. Much of this time is officer initiated as we work to increase our presence wherever and whenever practical. Targeted Community Relations - On a routine basis our officers participate in special events to interact with the community, one on one. Neighborhood meetings, school meetings, and University functions are examples of this type of interaction, all intended to allow our police to become more acquainted with citizens, and notably the situations the citizens feel need our attention. Permanent Beats - In 1996 six (6) officers were assigned to Area Two, the southeast portion of our community. The expectation was that the officers would have time available to them to be able to attend various neighborhood functions and allow for greater interaction with the residents of the area. Unfortunately the workload of calls for service did not allow for the time availability we had expected. The assignment of permanent area officers does in itself direct whatever time is available to that neighborhood. The fact that the six (6) officers 3 hired under the grant were still in training' at the time compounded the problems and our desire for early immediate results. Experience - While the overall experience with neighborhood policing has been positive, the volume of calls that officers handle reduce the amount of time they can spend with the public. While we have been forced to do more reactive work rather than proactive work, I believe our officers are beginning to demonstrate problem solving ability in handling calls particularly with the knowledge gained by neighborhood policing and the information acquired from area citizens, businesses, etc. Broadway Street Experience - In 1993 during the months of May, June and July the Police Department received two hundred eleven (211) calls for service from this area. (See the attached list for details). In 1994 the Police Department received two hundred calls for service during the months of May, June and July. The difference between the two years was a drop of just over 5%. The nature of the calls for services were not very different. However there was a significant .change in the perception of safety of the residents of the area. In our conversations with area citizens, they expressed to us they felt safer and more comfortable in their homes and their neighborhood. Officers were deployed for walking patrol at times which were determined by the citizens of the area in keeping with our desire to have neighbors direct us how to help them in their neighborhood. The foot patrol was coordinated through the Neighborhood Center located on Broadway Street which also offered further police/citizen contacts. The expenditure for this specialized program $6300. The grant paid for foot patrol at an overtime rate. Without the grant to pay for overtime the department would not have been able to provide the time to allow the regular beat or area officers to do the foot patrol. Expectations for the Future - The six new officers are available for solo patrol and assigned to a watch. This frees up time which allows the department to 4 benefit by the increased staffing. The additional officers and Community Service Officers in the upcoming fiscal year should provide additional time to allow more officer contact with residents of the community. Officer time is the key to success of any neighborhood policing program. We expect to make the next fiscal year a time of growth for the neighborhood policing concept in several ways. The include: A concerted effort to do directed community oriented patrol to make contact with specific groups of citizens. Provide training for supervisors and officers geared specifically to the transition from traditional to neighborhood policing. Officers will then be empowered to try new ideas and become problem solvers for the residents and with their help. Improve communications within the department to share what is working and why some initiatives are successful while others fail in our neighborhood policing efforts. We need to know what works, and most importantly, what the community wants. The department must tailor our public safety efforts based upon the needs and desires of the various neighborhoods! We believe the early experience which the department has had with Neighborhood Policing certainly indicates that the program can be very successful. The citizens of our community appear to want the opportunity to interact with the members of the Police Department. The interaction is aimed at solving concerns and problems of the neighborhood on as broad a scale as possible rather than simply enforcement efforts. The solutions the neighborhood looks for is often greater enforcement aimed at a particular problem. The department is working to provide opportunities for officers to be more accessible 5 to the community in a setting other than an enforcement action. We believe neighborhood policing is one of the early steps. The department's desire as well as efforts to fully implement a successful neighborhood policing program have not diminished. The commitment of our officers increases with each positive interaction with the community and we believe the community wants additional opportunities to interact with the department in a proactive manner focused on solving neighborhood concerns or problems. I believe we have fulfilled the spirit and intent of the federal grant by way of the numerous activities we have undertaken. My conversations with federal officials has confirmed that belief. 6 City of Iowa City EMORANDUM Date: To: From: Re: March 13, 1997 The Honorable Mayor Naomi J. Novick and Members of the City Council Linda Newman Woito, City Attorney ...... ~ draft of Iowa City Pohce ~t~zen Review Explanatory Memo Concerning Proposed .... Board Ordinance (PCRB) A. Background and Methodology In response to the City Council's interest in exploring some form of citizen review of police misconduct, City Manager Steve Arkins began gathering information in mid-September 1996 from various sources. This information included ordinances from several Canadian cities, as well as from Salt Lake City, Utah; Richmond, California; Oakland, California; and Cincinnati, Ohio. Steve also received a memo from Roxann Ryan from the Iowa Attorney General's Office, who had previously worked with the Des Moines area League of Women Voters on police review issues. Steve also collected the Berkeley Police Review Commission procedural rules; an article from Fort Collins, Colorado discussing current and proposed review procedures, the Dubuque, Iowa Advisory Panel's By-laws, and general orders dealing with internal affairs-type investigations (e.g., St. Louis, Missouri). While most of this material was helpful, some was of little use to me, for various reasons. For example, I did not use materials from the Canadian cities, because Canada follows the British system --where the police and prosecutor are one branch of the government (as opposed to our system, where the police and prosecutor are independent.) So also, the material from Dubuque, Iowa was not helpful in drafting an Iowa City PCRB ordinance, because the advisory group is appointed by the city manager and reports to same -- which is not what this City Council wants. Although I listened carefully to your work on the policy with Steve, after my review of all the materials Steve gathered, I found insufficient information to formulate a coherent draft that accomplished the goals I believe the City Council wants. Even the three "neat" categories listed by Roxann Ryan did not help, because they do not come close to what I heard from the Council: ' P,?posed Iowa City PCRB March 13, 1997 Page 2 Class I-- 12 of 30 Cities: Investigation by nonpolice (civilian) personnel, with a review by a citizen investigator or board. Class II- 14 of 30 Cities: Initial investigation by police officers, with a review of the investigation by citizens. Class III -- 4 of 30 Cities: Initial investigation by police officers, with a review of the report by police officers -- but with an opportunity for a dissatisfied citizen to appeal to a citizen board. Because the League's categorizations were over-simplified, I had to search elsewhere for an "intellectual anchor". The single most helpful source was Professor James Fyfe's book ABOVE THE LAW, which I read in two days --it is so well written. Professor Fyfe was a seasoned New York police officer for years before becoming a professor of criminology, but, Iowa City's needs also failed to fit into his three neat categories: Berkeley, has a completely parallel or dual system, where both the police department and the citizen review board have full investigative powers from the outset, and move along parallel lines. As I later discovered, California mandates by state law that all citizen complaints must be investigated by the police department. Additionally, not all California cities have parallel or dual systems, see discussion below and attached charts. The "civilian input prototype," where the board investigates excessive force cases m but leaves the police department to investigate others. . The "civilian monitor approach," where an outside board is able to investigate and mediate. Some narrowin~l of the issues What I have now derived, with a reasonable degree of certainty, is that you, as a City Council, do not want to follow the Berkeley system of parallel or dual investigations. Moreover, in re- reading your +6 versions of the policy you and Steve worked on, it is clear you want the PCRB Proposed Iowa City PCRB I~larch 13, 1997 Page 3 to have some investigative powers m but are not yet sure just how much power you want to give the Board. With these very basic questions unanswered, I turn to the questions we still need to answer: What is the scope of the complaint that can be lodged before the citizen board or commission, or with the police department? [The Council had largely answered 'this question; but once I explored more explicitly defined Board authority, even the definition of complaint underwent a metamorphosis.] Who has investigative powers (i.e., does the board have independent investigative authority at the beginning, or at a later stage)? Does the board share this power with the police, or vice versa? 3. Who reviews the investigation, and can the board order the police to do additional investigation if deemed incomplete by a citizen or by the board? 4. Are the investigations confidential? Are the hearings closed? 5. Who disciplines the police officer? 6. Can the complainant appeal to a court from an unsatisfactory decision by the board, chief of police, or city manager? Fortunately, these questions can be narrowed, because question #5 has the same answer in all jurisdictions except Chicago and Wisconsin. That is, 99% of jurisdictions fell into the same category as Iowa: only the police chief or city manager may impose discipline on a sworn police officer. With respect to question #6, none of the jurisdictions provide for further appeal to the courts -- except for Wisconsin, see discussion below. I have therefore taken this issue off the table. Now, having reviewed materials from Professor Baldus and ordinances Dennis Mitchell and I obtained from other jurisdictions, it is clear Iowa City is, literally, making new law. Moreover, F'roposed Iowa City PCRB I~arch 13, 1997 Page 4 having read ABOVE THE LAW by Professors Skolnick and Fyfe, I am convinced there are as many "types" of PCRBs as there are jurisdictions. I just purchased this book for the City Attorney's Office, and I highly recommend the book as required reading for all police officers on the Iowa City Police Department, as well as for all Council members. I say this because the book is a completely nonjudgmental, objective approach to the issues we now face. You may use my office copy, as needed. B. Guiding Principles Stated, or Restated to Govern PCRB Ordinance. Having concluded that Iowa City is, once again, on the "cutting edge" of the law in this area, and having concluded several critical questions remain unanswered, I now state -- or restate --the "guiding principles" I believe the Iowa City City Council wants embodied in a PCRB ordinance. Rather than just "editing" a draft PCRB ordinance, I believe you will make better progress if you first focus on the following basic principles -- since with editing we sometimes lose focus of the "big picture". 1. The police citizen review board shall be advisory only re.qardin.q discipline. This is a matter of state law in Iowa, since Chapter 400, Code of Iowa provides that only the police chief or the city manager may impose discipline on sworn police officers. 2. The citizen review board may only act in an administrative, civil capacity and will have no authority to review criminal matters. The board must follow the U.S. Supreme Court cases cited in the Minneapolis ordinance, meaning that once an officer's conduct may result in criminal prosecution, that police officer has rights protected under the U.S. Constitution as a matter of criminal law -- and the officer can no longer be compelled to answer investigators' questions. In contrast, so long as the officer's conduct does not raise the specter of criminal conduct, the police officer is obliged to answer any questions presented during an administrative review of the police officer's conduct. This rule will hold true whether the investigation is done by the Iowa City Police Department and/or by the Board. 3. Internal accountability is sou.qht within the Police Department. One method of accomplish- ing internal accountability is to have the police continue to do their own investigations. This ¢Proposed Iowa City PCRB '[Vlarch 13, 1997 Page 5 internal accountability also means (according to Prof. Fyfe) that not only the line supervisors, but the watch commanders must do investigations of their own officers' claimed misconduct, and should also be part of the discipline proposed. In other words, investigations should not be left to an elite "Internal Affairs" that may be out of touch with line officers. 4. To further achieve internal accountability, it is essential for the police to continue scrutinizing incidents of claimed police misconduct - especially those of excessive or deadly force, rather than turn this investigation over to a largely civilian group. Iowa City believes this internal accountability is necessary in order for the police department to be responsive to the community as a whole. According to Prof. Fyfe, leaving all police investigations to a "civilian board" would take away the feedback that both line officers, mid-range supervisors and the chief need to run a consistently good department. 5. External accountability is desired for investigation of misconduct, and for appropriate yet fair responses to claimed police misconduct. This accountability is needed to assure that individual officer's actions are accountable to the department as well as to the public. This "external accountability" will include, but not be limited to the following elements: A neutral (non-police) staff person to do intake and screening, in neutral locations to be designated by the Board. This staff person might serve as a part-time ombudsperson to provide staff support to the Board -- and possibly keep the central registry. The complaint should be in a written form, but t~e complainant should be able to have assistance if needed. The process should be available free of charge without the need for an attorney. All complaints received must be investigated by the police (and/or the Board) if the complaint involves an Iowa City police officer who was acting in the officer's capacity as a police officer or CSO during the complained-of activity. Receiving and investigating all complaints will avoid putting the police department in a position of determining whether a complaint is "unworthy." Also, police investigations of all complaints sends a strong message to the community that the Department and the Chief will not tolerate individual officers' abuse of power. P.,roposed Iowa City PCRB March 13, 1997 Page 6 Both the complainant and the police officer should be entitled to have a complaint investigated in the least intrusive and respectful manner as possible, with no attempts to embarrass either side - and to be handled and disposed of in a timely fashion. There will be some type of central registry of complaints kept by the Board, and some type of annual report to the City Council, Police Chief, City Manager, City Attorney and the public, setting forth general types of complaints, how they were disposed of, and possibly some demographic information. This registry could be a responsibility of the possibly new part-time staff/ombudsperson who will likely be needed to provide staff support to the Board. 6. Oversight review of police practices, procedures and written policies. The Board will have independent authority to review, from time to time, practices, police procedures and written policies -- either on the Board's own motion, or as the policies and practices present themselves in specific incidents. The Board will also have the power to make recommenda- tions regarding said practices and policies to the City Council, with copies to the police chief, city manager and city attorney. 7. Limited Discretionary, Concurrent Ori.qinal Investi.qative Authority. Notwithstanding the general rule that the Iowa City Police Department will continue to investigate all allegations of their own officers' misconduct, the Board will have discretionary authority to initiate its own investigations, including hiring outside investigators and holding hearings, but only in those cases where the officer has engaged in activity affecting public confidence and only upon the Board's own motion, for good cause shown, with a two-thirds majority vote (5/7). By "discretionary," I mean that the Board would have to convene themselves and affirmatively vote to use their authority to begin their own investigation, and thereby interject themselves into the investigation at the outset (e.g., in an incident such as the Shaw matter). By exercising its own independent authority to initiate an investigation m either by directing the Police Department to investigate or hiring an outside investigator, the Board would also lend "external accountability" to the public and assure the community of citizen oversight m yet not be involved with every complaint. 8. Stated otherwise, in an effort to avoid overburdening a citizen review Board in Iowa City, and also to avoid the Board's expending a lot of energy micromanaging the Police Department, P.r, oposed Iowa City PCRB March 13, 1997 Page 7 the Board's involvement in the original investigation of police misconduct should be limited to those circumstances when the Board, on its own motion and for good cause shown, affirmatively chooses on a 5/7 vote to exercise the Board's discretionary authority to conduct or direct an investigation into police misconduct. 9. Maiority of complaints will be investigated by Police Department. Once a complaint is filed with the Board and a copy sent to the Police Chief, Iowa City will treat the large majority of complaints as those to be initially investigated by the Police Department, and will require the police investigation to fully comply with internal affairs procedures approved by the Board, the City Council and the City Attorney. In other words, the PCRB ordinance will presume the initial investigation is carried out by the Police Department as a rebuttable presumption -- only to be overcome by the Board's affirmative 5/7 vote to assert the Board's authority over the complaint investigation for good cause shown -- namely where police have engaged in activity affectin.q public confidence. This is the type of "balance" that Professor Fyfe views as healthy. 10. Scope of Complaint. A "complaint" shall be any allegation by a person directly affected by police activity which involved a sworn Iowa City Police Officer or a Community Service Officer (CSO), which activity occurred while the officer or CSO was acting in their capacity as a police officer or CSO. I changed this "scope" after reading Fyfe's book, since staff and the Board could spend a lot of unnecessary time arguing over whether the complaint should be investigated -- thereby defeating the whole point of what the Council wants to achieve. 11. Board adopts own procedures. In consultation with the City Manager and City Attorney, the Board shall adopt procedures for receiving, processing, and resolving complaints, subject to City Council approval. 12. Remedy sou.qht. A complainant may (but is not required to) request the remedy they seek, such as apology, informal meeting, mediation, or investigation. 13. Board Le.qal representation. As opposed to larger communities, the Iowa City City Attorney's Office is too small (four attorneys) to represent the Board. This is so because all attorneys in my Office have regular contact with police officers (magistrates' court, defense of civil §1983 litigation against officers, civil service appeals, etc.). So while a number of cities use their own City Attorney staff, (e.g., Berkeley, Oakland, Portland), these are much bigger Proposed Iowa City PCRB March 13, 1997 Page 8 staffs than ours. Thus, the Board needs to have the financial wherewithal to hire their own attorney, as needed. 14. Limited Discretionary Review/Appeal of Police Investi.qation; Complainant not'satisfied. Once an Iowa City Police Department investigation has been completed and the Chief has made written findings, the complainant should be notified promptly by the Chief. The complainant then has a limited amount of time within which to appeal (e.g. 30 days) --which appeal could go to the Citizen Review Board. There are several ways this process could be set up, but l recommend the Portland, Oregon format (with some modification), which provides for discretionary review of complainant appeals. This means the Board will have to decide which appeals to hear. There are two other alternatives, FYI: San Die.qo, California. All investigations are done by the police department internal affairs unit in San Diego, California; and the review board acts as an oversight agency to protect the integrity of the department's investigation. On appeal of a dissatisfied citizen, the Board can request additional information be gathered by the police department, but cannot compel additional information. The Board has no direct contact with complainant. Oakland, California. The Oakland citizen police review Board limits their independent investigative powers to claims of excessive force and discrimina~ tory conduct (e.g., racial, religious, etc.), but the board has "supplemental jurisdiction" to review complaints where a complainant is not satisfied with the police department investigation. However, in the latter case, the Oakland board has review authority only over the police investigation, but can compel the police to do additional investigation. Portland, Ore.qon. In Portland, Oregon, the police review board has discretionary authority to decide, on a simple majority vote, whether to hear a complaint lodged by a dissatisfied complainant w after the police depart- ment has investigated the complaint. I have included this "discretionary authority at the appeal level" in the current PCRB ordinance draft, and have expanded it somewhat to include the ability, on a 5/7 vote, to order police to do additional investigation, and possibly even to provide a hearing to the P, roposed Iowa City PCRB March 13, 1997 Page 9 citizen. In this way, Iowa City would conserve the Board's resources for the most serious claims of misconduct, while leaving the majority of the complaints to be handled by the Police Department. 15. Mediation. Mediation should be available to complainants at any stage of the process upon consent of the citizen as well as the officer(s) involved, with some Board involvement where appropriate. Any party may terminate mediation at any time. If a complaint is successfully mediated, the terms of the mediation should be set forth in writing and kept on file in the Board's central registry. The mediation settlement may be kept confidential to protect the parties' privacy. There shall be no retaliation against police officers who refuse to mediate. 16. Board composition. The Board will be composed of seven (7) members who are at least 18 years of age and reside in Iowa City, and will be appointed for staggered four-year terms by the City Council. The Council will strive for diversity and broad community representation on the Board. At least one Board member shall be an attorney at law, and one member shall be a person with law enforcement experience. In order to fill the positions, the Council may waive the residency requirement. All Board members shall attend the Citizen Police Academy and complete the police ride-along program within a reasonable time after appointment. 17. Civil Service Unchan.~ed. Nothing in the ordinance establishing the PCRB shall in any way be read to preempt, alter or interfere with Iowa City police officers' protected statutory rights to appeal discipline or other sanctions under Iowa's police civil service commission, namely Chapter 400, Code of Iowa (1997). 18. PCRB not a court of law. The PCRB regulations shall be an administrative civil proceeding, and shall not be a substitute for a tort claim against the City. Complainants may want to seek advice of their own attorney on such civil litigation matters; and if a complainant files a tort claim or lawsuit, the complaint/investigation/PCRB process stops. 19. Confidential Records. Investigative reports and all related matters will remain confidential as provided by law. However, if the Chief, City Manager or PCRB finds police misconduct has occurred, the report, in whole or in part, may become public record as provided by law. [Research still underway on these questions.] P, roposed Iowa City PCRB March 13, 1997 Page 10 20. Budgetan/Support. The City Council will provide sufficient budgetaw support to allow the PCRB to fulfill their responsibilities. 21. Officers should not be forced to "screen" complaints. Professor Fyfe points out that police officers should not be put in a position of "screening" complaints as to whether they are serious or not, since this will clearly undermine the credibility which the department is trying to establish with the community and the public. Professor Fyfe states it this way: "Our own studies of police complaint procedures show clearly that this bottom line [number of complaints found unsubstantiated] is more often an illusion than a solid conclusion. In fact, the percentage of complaints found unsubstantiated by different police departments usually has more to do with the procedures for receipt of complaints than with investigative intensity or objectivity. Departments that authorize field supervisors or other complaint recipients to screen out "unworthy" allegations have very low percentages of unsubstantiated complaints because only the most convincing, well-documented, undeniable, and outrageous charges are treated formally. These departments may look good on paper, but they leave the door open to the sort of stonewalling and manipulation experienced by Rodney King's brother and camera man George Holliday when they tried to complain about the King incident. Conversely, departments that properly insist that field supervisors accept all complaints regardless of their apparent lack of merit reduce the risk of such short-circuiting. In doing so, however, they mandate acceptance of obviously frivolous or unprovable complaints. /ks a result, a relatively high percentage of complaints against their officers are found unsubstantiated. Thus, the percentage of unsubstantiated complaints against a department's officers means little without information about policies for acceptance of complaints." Fyfe, at pages 23'1-32 (emphasis added). 22. Procedure must be courteous and be honored by all officers. Professor Fyfe notes: "The police objection to a policy of requiring supervisors or other police represen- tatives to honor all complaints is that the majority of civilian complaints either are without merit or cannot be sustained. Certainly both statements are true: The majority of complaints come down to unresolvable swearing contests between P, roposed Iowa City PCRB March 13, 1997 Page 11 civilians and cops. Even if they cannot be individually sustained, however, civilians' complaints may document apparent patterns of conduct that should signal administra- tors that further investigation of officers' behavior may be warranted." Fyfe, at page 232. 23. Finally, there may be advantages to having police do most of the original investigation, since police officers may be more forthright when being questioned by their own police officers -- as opposed to an outside agency or "civilians," see Fyfe, pp. 220-236. Highlights of Citizen Review Boards from Other Jurisdictions Having reviewed these "guiding principles," it is obvious that no one "model ordinance" incorporates Iowa City's needs. In an effort to present information on how other cities handle these issues, Assistant City Attorney Dennis Mitchell has prepared a separate chart which gives a "birdseye view" or comparison of the ordinances and regulations from other jurisdictions. I also highlight the other jurisdictions here, and I suggest you mark the elements you like or dislike as you read them, for future discussion. Categorv No. 1. Iowa has no PCRB There are no citizen review boards in Iowa. The Dubuque group is purely advisory and answers to the City Manager -- not the City Council. Category No. 2. Board has full independent power to conduct investigation and hold hearings concerning police misconduct, as does police department; only chief can impose discipline. [Berkeley and Minneapolis] Berkelev, California Scope of complaint: Definition of complaint is an allegation of misconduct while the officer was engaged in police functions or an improper policy or practice of the department. The only person who can file a complaint is an "aggrieved person," which means a person who has been directly affected by the police misconduct. P, roposed Iowa City PCRB March 13, 1997 Page 12 The police review commission is staffed by an investi.qator assigned to the commission by the city manager; legal advice is obtained from the city attorney's office. The commission has full subpoena power and can hold public hearings (which are basically administrative trials). By directive of the city manager, the police officers are required to cooperate with the police review commission. If criminal proceedings are involved or commenced against the police, the commission investigation will not take place beyond docketing the complaint, until the authorities have rendered a disposition of the issue of criminal conduct. Administrative hearings regarding police misconduct are open to the public, unless the commission unanimously decides to close the public hearing to protect the rights and privacy of the individuals. The board deliberates in closed session, reconvenes and then announces their decision in an open meeting. The standard of proof for a hearing is "clear and convincing;" and the commission makes a report to the city manager and the police chief before discipline is imposed. Minneapolis, Minnesota Although citizens are still able to file a complaint with a police department (as opposed to police being required to investigate all citizen complaints in California), there is a potential for parallel or dual systems in Minneapolis. The Minneapolis Civilian Police Review Authority ("Authority") is made up of seven members, four of whom are appointed by the city council, and three are appointed by the mayor -- subject to the approval of a majority of the city council. This Authority is staffed by an executive director "who shall be an attorney-at-law. Investigators hired by the review authority shall be civilians who have prior experience or training as investigators. 'Civilian,' for the purpose of this section, is a person who is not now, or has ever been a sworn officer of the Minneapolis Police Department." Section 172.10, Minneapolis City Code (emphasis added). The scope of complaints in Minneapolis are: -- Use of excessive force Inappropriate language or attitude Rroposed Iowa City PCRB March 13, 1997 Page 13 Harassment Discrimination in the provision of police services or other discriminatory conduct on the basis of race, color, creed, religion, ancestry, national origin, sex, sexual preference, disability or age -- Theft Failure to provide adequate or timely police protection. Section 172.20 Minneapolis City Code. The filing of a complaint can be done only by a person who has "personal knowledge of alleged misconduct" and may file the complaint at locations "to be determined by the review authority." Only the Chief can impose discipline. Minnesota's confidentiality requirements seem to be similar to those of Iowa (i.e., much of the records and the hearing may not be public, but we are still researching these issues). See §172.130 - 140, Minn. City Code. Category No. 3. Board has power to conduct independent investigation and conduct hearings for certain types of police misconduct; for other types misconduct, Board has review authority only. [Richmond, Oakland] Richmond, California The Richmond Police Commission has original jurisdiction to "receive, investigate and hear complaints against Richmond police officers alleging the use of excessive or unnecessan/force or racially abusive treatment and submit recommendations to the City Manager and the Chief of Police ...."Ordinance No. 25-93, Richmond, California.(emphasis added) The Commission is staffed by a police commission investi.qative officer, appointed by the City Council, who assists the Commission in performing its duties, including investigations of citizen complaints. The documents and investigation are to be confidential, but the hearings concerning police officer misconduct must be open to the general public. [???] After an investigation is completed, the Commission may conduct a hearing on the complaint. The Proposed Iowa City PCRB March 13, 1997 Page 14 Commission must not sustain a complaint unless the allegations are proved by "clear and convincing" evidence. Recommendations concerning discipline are kept confidential until after the City's disciplinary administrative process has been concluded. With respect to complaints which do not involve use of excessive force or racially abusive treatment, the Richmond Cbmmission may hear appeals from complainants who are not satisfied with the police department's investigation. If the police chief disagrees with the Commission's ruling on these appeals, the issue goes to the City Manager. Only the Police Chief or City Manager can impose discipline. Oakland, California Oakland has a nine member citizen police review board, and requires its members to complete the citizens police academy and the ride-along program. Both the police department and the board have the power to investigate serious misconduct, which is defined as excessive force, or "communication of bias based on an individual's le.qally protected status (race, gender, national ori.qin, religion, sexual orientation, or disability)." Oakland ordinance, page 3 (emphasis added). This is what we call "concurrent original jurisdiction" -- meaning that both the board and the police department have concurrent (meaning they run at the same time) and original jurisdiction (meaning to do an investigation from the be.qinnin.q of the process). The Oakland Board has its own staff investigator, who works out of the city manager's office. The attorney for the board is assigned from the city attorney's office. The board has subpoena powers, and can hold hearings regarding complaints. With regard to complaints not dealing with excessive force or discriminatory action, the board has jurisdiction to hear an appeal of a complainant if the police department has not acted in a timely manner (completing their investigation within 90 days) or the complainant is dissatisfied with the police department's investigation. This is what we call "supplemental jurisdiction" -- meaning that the Board's powers as to the "less serious" misconduct is supplemental (meaning in addition to) the police department's original jurisdiction to investigate. P, roposed Iowa City PCRB March 13, 1997 Page 15 In all cases, the Oakland Board has subpoena power; and for purposes of review of a less serious claim of misconduct, the board can order the police department to do additional investigation. For both serious and less serious complaints, the board reports to the city manager. Only the city manager can impose discipline on police officers. Category No. 4. Citizen Review Board has no authority to do investigations of police misconduct and has review power only over police department investigations. [Salt Lake City, San Diego and Portland] Salt Lake City, Utah The scope of the complaint includes complaints regarding an officer who is "en.qa.qed in activity where deadly force, or force that results in serious injury to a citizen or suspect, was employed, or where an officer becomes en.qaged in vehicular pursuit, or incidents involvin.q public trust." 3-11-08.01, Salt Lake City (emphasis added). This review board is composed of three police officers and three citizens, who are appointed from a list generated by the Mayor. In the case of deadly force and public trust cases, the internal affairs division of the police department presents the case to the board. In the case of vehicle pursuit cases, the division commander presents the case to the board. The board then decides whether the actions are within the established policy or outside the policy. If "outside policy," the board may then recommend (but only as an advisory recommendation and upon a majority vote) that the division commander take appropriate disciplinary action. All hearings are confidential and closed to the public. Only the Chief can impose discipline. San Diego, California The workload of the San Diego citizen review board on police practices depends on three categories of complaints: A Category 1 complaint means "serious complaints lodged against a police officer. It includes criminal conduct, discrimination (including racial or ethnic slurs), arrest and force." San Diego Policies and Procedures By-laws, page 2. .,Proposed Iowa City PCRB March 13, 1997 Page 16 The second category are those complaints not involving criminal conduct. discrimination, force or With respect to the Categories 1 and 2, the San Diego board has review authority if the complainant is not satisfied with the police department's investigation and the complainant appeals to the review board. The board can request the police department internal affairs obtain additional information, but cannot compel it. The third category concerns police shootin.q incidents involvin.q death or iniurv. This third category is also investigated by the police department internal affairs, but must be reviewed by the board (non-discretionary or mandatory review). The executive director of the San Diego board is a staff person appointed by the city manager. The executive director also keeps a central register -- and such information is confidential. In review of any complaint, the board has no access directly with the complainant -- but only reviews the Police Internal Affairs investigation record. When the board disagrees with the police chief, the city manager reviews and evaluates. Only the chief or city manager can discipline police officers. Portland, Oregon The Portland Ordinance sets up a Police Internal Investigations Auditing Committee, ("Committee") which is made up of the City Council members themselves, who in turn may appoint 13 "citizen advisors" which includes two Police officers. The scope of the complaints to be reviewed by the Portland "citizen advisors" is any conduct of a member of the police bureau of the City of Portland during an encounter with another member of the bureau or a citizen and which violates police regulations or orders or other standards of conduct required of city employees. The Portland Committee (and citizen advisors) have discretionary review authority only, meaning that if a complainant is dissatisfied after a police investigation, the Committee can vote to grant or deny a hearing on the complaint. Stated otherwise, the Portland ordinance does not ',Proposed Iowa City PCRB March 13, 1997 Page 17 give the complainant a right of review by either the Committee or Citizens Advisors. Rather, the Committee or Advisors must affirmatively vote to hear the appeal of a complaint. The factors which the Committee looks at in deciding whether to exercise their discretionary authority to hear a complaint on appeal include: The seriousness ofthe incident which was the subject ofthe investigation and complaint The likelihood of error of the police investigation The number of similar requests for review received by the Committee The likelihood that the review will assist the police department to improve or refine its operations The importance of the review to police-community understanding. Portland, Oregon Ordinance, p.34, Section 3.21.070. [Note: I drew heavily on parts of the Portland ordinance in my current PCRB draft, dealing with discretionary appeal of police investigation for citizen not satisfied with investigation result.] The Portland Committee can hire its own investigators, but the ordinance specifically precludes the Committee from independently conducting an investigation of police misconduct. This means the Committee and Citizens Advisors basically provide oversight of police investigations, and may only hear appeals based on the factors noted above. The Committee may report to the police chief and request that the police department do additional investigation. If the chief fails to respond, the matter goes to the City Council. Category No. 5. Commission relies on police to investigate citizen complaints of police misconduct; commission hears all citizen complaints of misconduct and hears all police disciplinary appeals, by state law. [Wisconsin] Proposed Iowa City PCRB March 13, 1997 Page 18 Wisconsin By state law, Wisconsin combines civil service for police and fire with citizen review boards (Commission) for complaints of police misconduct, Chapter 62, Wisconsin Statute (1995). If a complaint of police misconduct is filed, a trial is ordered and all documents and hearings are a matter of public record. A police officer may not be discharged or suspended for more than 30 days except for cause and after a trial before the Commission. The investigation of a citizen complaint is made by the police department or the citizen themselves, and the chief of police acts as an advisor to the Commission when reviewing any allegations of misconduct in the chief's department, Section 62.50, Wisconsin Code. This rule applies to cities of 150,000 known as "first class cities." However, by case law the statute also seems to apply to small cities. In Wisconsin, the Commission may actually impose more stringent sanctions on police officers than the chief of police is permitted to impose. Category No. 6. Police department and board have dual investigative powers depending on severity of misconduct. Board has discretionary authority to review investigations of dissatisfied complainants. [Fort Collins ballot] Fort Collins, Colorado - Ballot Proposal The proposal for an ordinance whereby a police citizen review board would first be appointed, and then elected, is on the ballot for Fort Collins, Colorado set for April 8, 1997. This proposed ballot would define a complaint as an accusation of use of excessive or unnecessary force, racial or ethnic slurs, false arrest, harassment, discrimination, criminal conduct or abusive treatment alleged to have been committed by a law enforcement officer against a person who is not a member of a law enforcement agency or department. The board would have authority to fully investigate and hold hearings of such complaints, and would also have authority to make recommendations concerning positive police community relations. The Board would have the power to hire investigators and receive training on how to perform the duties of a board member. The city attorney would be assigned to provide legal representation to the board. Rroposed Iowa City PCRB March 13, 1997 Page 19 With respect to discrimination, a complaint not involving excessive or unnecessary use of force, etc., the police department would investigate' such complaints; and if the complainant were dissatisfied with the police investigation, the board would have discretion to review the appeal (in other words the board could refuse to conduct a review and to not hear the complaint). In these "less serious claims," the proposed Fort Collins ordinance states explicitly that police misconduct would not he subject to review by the board. Cate.qorv No. 7. Human Rights Commission has review authority only over police misconduct affecting civil rights (e.g., racial, sexual harassment). [Fort Collins, present] Fort Collins, Colorado - present procedures The existing Fort Collins review process provides that the police department's community affairs unit (CAU) must investigate administrative or criminal matters of improper conduct. This unit is, however, simply one unit under the Fort Collins chief of police. This procedure is spelled out in a General Order (GO) of the chief of police, and does not carry the weight of a city ordinance. Nonetheless, the GO is fairly detailed, and notes that the department is required to investigate all allegations of improper conduct, and that the investigation is to be conducted by the immediate supervisor, except where an employee is claimed to have used excessive force or discharged a firearm, committed a crime, or where a person has suffered death or severe injury, or a person has suffered serious civil rightsrain which case the CAU then investigates. [I see particular merit in this breakdown of investigative duties for the Police Department in Iowa City.] Under the current Fort Collins process, the police officer is required to cooperate with the administrative investigation, but the GO clearly outlines the difference between an administra- tive investigation and criminal investigation (the latter of which triggers the police officer's protections against self-incrimination under the Fifth Amendment to the U.S. Constitution). Where a complainant alleges misconduct in Fort Collins which deals with excessive force or civil rights, that investigation can be appealed to the human rights commission--but for review only. The commission reviews the case on the record, has no contact with the complainant, and reports their findings to the city manager. The human rights commission makes their P, roposed Iowa City PCRB March 13, 1997 Page 20 review prior to the chief of police's disposition of the matter. heard by the human rights commission remain confidential. All allegations filed and appeals Category No. 8. Ombudsman Person for Investigation of Complaints of All City Employees' Misconduct. [Cincinnati] Cincinnati, Ohio Cincinnati's municipal code establishes an office of municipal investigation of Cincinnati, or "OMIC". This office is administered by a chief investigator, appointed by and subject to city manager supervision. This investigator investigates claims of serious misconduct by any city employee, including police, and prepares a confidential report. In the case of a shooting incident involving police, the city manager can make the report public. This category is of little assistance to us, since this system is not what the City Council wants. Cate.qorv No. 9. Iowa City--its Own Hybrid Based on City Council discussions, my review of other jurisdictions and the insights gleaned from Professor Fyfe, a former seasoned police officer, I have completely revamped the PCRB ordinance, see attached. I believe we are ready for your discussion and input. Attachments: Chart PCRB Ordinance CC~ Inw\pcrb\pcrb.mmo City Manager City Clerk Assistant City Manager Police Chief City Attorney Staff DRAFT Prepared by: Linda Woito, City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. AN ORDINANCE CREATING A POLICE CITIZEN'S REVIEW BOARD (PCRB) TO ASSIST AND ADVISE THE CHIEF OF POLICE, THE CITY MANAGER AND THE CITY COUNCIL. WHEREAS, the City Council for the City of Iowa City desires to create a police citizens' review board, to assist in handling complaints against members of the Iowa City Police Department; and WHEREAS, the purpose of the ordinance is to give citizens the assurance that their complaints against the Iowa City Police Department will be timely investigated, heard and resolved; and WHEREAS, this process should be available to any citizen, free of charge, and without the need for attorneys or other professional advisors. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that: I. CREATION OF THE POLICE CITIZEN'S REVIEW BOARD; GUIDING PRINCIPLES, AND GOALS As permitted under Iowa's home rule authority, the City of Iowa City hereby creates a Police Citizens' Review Board, which shall hereafter be referred to as the "PCRB" or the "Board". This Board shall assist the City in achieving the following goals, and the ordinance shall embody the following princi- ples: The Board shall be advisory only regarding discipline, since only the Police Chief or City Manager may impose discipline on sworn police officers under Iowa law. The Board may only act in an administrative, civil capacity, and will have no authority to review criminal matters. The Board is not a court of law, and will not substitute as a tort claim or other means of civil litigation which a citizen may choose to institute against the City. Internal accountability within the Police Department is sought, and one method of accomplish- ing such accountability is to continue to have the police do their own investigations. The Council desires external accountability for the actions of its police department, and one method of assuring this external accountability is the establishment of the PCRB herein. The intent of this Board is not to "micro-manage" the Police Chief or the Police Department, but to assure the public that individual actions or patterns of misconduct will not be tolerated by the Chief, the City Manager, or the City Council. It is the philosophy of the City Council that all complaints be received and investigated by the Police Department if the complaint involves any Iowa City sworn police officer or CSO, where the complained-of activity occurred while the officer was acting in their capacity as an officer. Receipt and investigation of all complaints builds public confidence in the Police Department's ability and willingness to "serve and protect." Receipt of complaints shall be handled by a neutral (non-police) city staff person, and be accomplished in a neutral location. The complaint shall be in writing on forms supplied by the City, but the complainant may have assistance if needed. The Board will have authority to convene themselves to investigate allegations of officers' misconduct, which authority shall be discretionary and include hiring outside investigators, but only in those cases where the officer has engaged in activity affecting public confidence and only upon the Board's own motion for good cause shown, and upon a two-thirds majority vote Ordinance No. Page 3 only in those cases where the officer has engaged in activity affecting public confidence and only upon the Board's own motion for good cause shown, and upon a two-thirds majority vote of the Board (5/7). Notwithstanding the Board's investigation, any recommendations by the Board concerning police discipline remain advisory. As an additional way to achieve external accountability, the Board shall have discretionary appeal authority to review investigation of complaints already completed by the Police Depart- ment and the Chief of Police, where the complainant is not satisfied with the Chief's disposi- tion but such discretionary review shall only be exercised when a complainant timely appeals the Chief's disposition to the Board and upon the Board's two-thirds majority vote (5/7). The Board shall have independent oversight authority to review police practices, procedures and written policies, either on their own motion or as specific incidents dictate, and to make recommendations to the City Council with copies to the Police Chief, City Manager and City Attorney. Mediation shall be available to complainants at any stage of the process, with Board involve- ment as needed. External accountability will further be provided by the Board's maintenance of a central registry of complaints, and will include some type of annual report to the City Council and the public, which shall be compiled by the Board in cooperation with the Chief of Police. This report shall set forth the general types of complaints, how they were disposed of, demographic informa- tion, and recommer~dations as to how the Police Department may improve its community relations. ',Ordinance No. Page 4 II. SCOPE OF COMPLAINT A "complaint" is an allegation of misconduct lodged against a sworn police officer of the Iowa City Police Department, or against a community safety officer employed by the Iowa City Police Department (CSOs), where the complained-of behavior or activity occurred while the officer or CSO was acting in their capacity as police officer or CSO. Any person directly affected by the alleged police or CSO misconduct may file a complaint with the Iowa City Police Citizen Review Board on forms provided by the Board. Forms shall be available at neutral locations to be designated by the Board, and shall be received by neutral (non-police) city staff. Assistance shall be available to complete the forms, where appropriate. III. MEDIATION. Mediation shall be available to complainants at any stage of the process, but only upon consent of all relevant parties, namely the complainant and the police officer(s) whose conduct is being challenged. Where appropriate, an outside mediator, PCRB Board member, member of the City Attorney's Office, or an outside attorney may be called upon to act as a mediator. Any party may terminate mediation at any time. If successfully mediated, the terms of the mediation agreement shall be set forth in writing, and maintained on file in the Board's central registry. The mediation settlement may be kept confidential to protect the parties' privacy. There shall be no retaliation against police officers who refuse to mediate. '.,Ordinance No. Page 5 IV. JURISDICTION OF THE POLICE CITIZEN'S REVIEW BOARD; SHARED AUTHORITY WITH THE IOWA CITY POLICE DEPARTMENT The jurisdiction of the Board shall be as follows: Concurrent discretionary and original iurisdiction of the Board. 1. Where the Board receives a complaint of police officer or CSO misconduct which affects public confidence, or where the Board has reasonable cause to believe an officer or CSO has engaged in activity seriously affecting public confidence, and upon the Board's motion for good cause shown,, the Board may, on a two-thirds majority vote (5/7), exercise the Board's original, concurrent jurisdiction and thereby commence its own investigation into the alleged misconduct. The Board may either investigate the matter in cooperation with the Police Department, or may hire its own investigators and attorneys as deemed appropriate by the Board. The Board may also hold evidentiary hearings, as needed. Once the Board exercises such concurrent original jurisdiction over claims affecting public confidence, the Board shall have the following original investi- gative powers: To the extent permitted by the Iowa City City Charter and Iowa home rule powers, the Board shall have the power to subpoena documents and witnesses, to conduct investigations and to hold confidential and public hearings under oath, as permitted under Iowa's public records and open meetings laws, Chapters 21 and 22, Code of Iowa (1997). Ordinance No. 'Page 6 The Board shall adopt rules governing their own proceedings, subject to the review and approval of the City Attorney, the City Manager and the City Council. If legal advice is needed, the Board may obtain their own counsel, subject to reasonable budgetary limitations. However, the City Council will provide the Board with reasonable budgetary means and funding, and such budgetary means will not be unreasonably withheld by either the City Manager or the City Council. Upon investigation, hearing and after due deliberation, the Board shall prepare a written report to the Chief of Police, recommending disposi- tion of the misconduct, including recommendations for discipline, if appropriate. Rules governing administrative hearings shall apply, and the Board shall adopt procedural rules and by-laws by which to conduct their business. In the event the Board elects to use the Police Department, in whole or in part, to perform the Board's investigation, the Police Department investigators or Chief of Police shall tape record all interviews with witnesses, including mem- bers of the Police Department, and shall make those tapes, or accurate copies, available to the Board in their entirety, together with the Chief's written investi- gative report and all supporting documents. '.Ordinance No. Page 7 ., In all cases of Board investigations, the Board will conduct such investigations in a fair, objective and ethical manner, and shall comply with all state and federal rights enjoyed by the police officer, including those rights preserved by any union contract. After the investigation is complete, the Board shall issue a written decision which includes the following elements: Findings of fact; Identification of all laws, policies, rules and regulations implicated by the complaint; Whether the Board finds by a preponderance of the evidence that the officer engaged in misconduct. The Board shall endeavor to use plain English to support any of its findings; If the Board recommends that the Chief of Police impose discipline on the officer or CSO, the Board must set forth a written rationale which includes specific references to state or federal law, or shall reference the Iowa City Police Department's rules, regulations, ethics, practices or general orders. A majority vote of the full Board shall be required prior to submittal of any recommendations or reports to the Chief. A copy of the Board's report shall be forwarded to the City Manager and the complainant, either in person or by regular mail. Qrdinance No. Page 8 The Chief shall review the Board's report and consider the Board's recommen- dations for discipline, if any. The Chief may confer in person with the Board concerning the Board's report, in addition to any written comments forwarded to the Board. If the Chief continues to disagree with the Board's findings and recommendations, or vice versa, the Chief and/or the Board shall forward the Board's findings, together with the Chief's comments, to the City Manager for review and evaluation. The City Manager shall then review the findings and recommendations of the Board and the Chief; and after said review, the City Manager shall prepare written conclusions concerning the documentation presented, including final disposition of a citizen complaint, if applicable, and any discipline proposed for the officer(s). The City Manager may confer with the Board and the Chief, and may request additional information from the Chief or the Board. The City Manager's conclusions and evaluation of all matters shall be concluded within 30 days after receiving the information from the Board and Chief, and the City Manager's conclusions shall be final as to the citizen complaint, the Board's investigation, the Chief and the officer. The City Manager shall then notify the complainant in writing of the disposition of the complaint, and shall also notify the Chief, the officer, and the Board. Written notice shall be given in person or by ordinary mail. There shall be no further appeal available, except the statutory appeal provided to the sworn police officer if discipline is imposed, Chapter 400, Code of Iowa (1997). 8. All recommendations concerning proposed discipline of police officers made by the Board, the Chief or the City Manager shall be kept confidential until after the City's disciplinary administrative process has been concluded, namely after the Chief of Police or-City Manager have imposed discipline. 'Ordinance No. Page 9 Discretionary Supplemental Jurisdiction of Board to Hear Appeals or Review Investi.qa- tion Completed by Police Department 1. In addition to concurrent original jurisdiction noted above, the Board shall have discretionary supplemental jurisdiction to hear appeals if, after the complainant has timely filed a complaint with the Board and the Police Department or Chief have not completed their investigation within the designated time (e.g. 30 days), or where the complainant wishes to appeal the Chief's disposition of the matter, the complainant may ask the Board to exercise its discretionary appeal authority to review the Chief's disposition of their citizen complaint. 2. In such cases of supplemental discretionary review, once a Police Department and Chief's investigation has been completed, including the Chief's written findings of fact and conclusions of law, the Chief shall notify the complainant, in person or by ordinary mail, of the Chief's proposed disposition of the complaint. The complainant will have a designated time within which to appeal to the Board (e.g., 30 days) -- which appeal will be discretionary with the Board, and such review authority can only be exercised upon the Board's two-thirds majority vote (5/7). The Board may adopt rules permitting late requests for appeal, upon a showing of extraordinary circumstanc- es. in voting to determine whether to exercise discretionary review of a citizen com- plaint already investigated by the Police Department, the Board shall consider the following factors: The seriousness of the incident which was the subject of the police investigation and/or complaint The likelihood of error of the police investigation Ordinance No. Page 10 The number of similar requests for review received by the Board The likelihood that the review will assist the Police Department in improving and refining its operations The importance of the review to police-community understanding. if the Board votes to exercise its discretionary review authority, the Board may choose to review the police investigation and the Chief's findings and reCom- mendations purely on the written record, or may direct the Chief to do addition- al investigation and/or the Board may hold a hearing - but a hearing shall only be held on a 5/7 vote of the Board. Within 21 calendar days after the Board notifies the Police Chief in writing that a police investigation will be reviewed, the Chief shall make available to the Board a written summary of his investigation containing findings of fact and conclusions, and specifying which department orders or other law were rele- vant to the investigation. The Chief shall also make available all supporting documents and information pertaining to the investigation to be reviewed by the Board, and provide additional information if requested by the Board. The Chief will present his findings, recommendations, and report to the Board in sufficient detail to enable the Board to conduct a meaningful review, and shall specifically include the elements listed below in the section entitled "Police Investigation Procedures and Format." o In conducting this discretionary supplemental review, the Board may review the adequacy of the police investigation and whether the Chief'~ report is support- ed by the findings and conclusions. In reviewing the Chief's reports, the Board · . Ordinance No. Page 11 may permit the complainant to present additional evidence or other documents. The Board may receive oral or written statements from the citizen or the police officer(s) involved, and may listen to the tape recordings of the witnesses examined. Upon conclusion of such review, the Board shall issue a report, including findings of facts and conclusions of law -- but shall grant due deference to the expertise of the police department investigation and the Chief of Police's report and recommendations, as contemplated under administrative law. To this end, the Board shall apply a "reasonable basis" test to the Chief's report, meaning that a finding by the Chief should be sustained if the findings were based on evidence on which reasonably prudent persons are accustomed to rely for the conduct of their serious affairs. Once the Board's report is complete, the Board shall give notice of its report to the complainant, the officer(s) and the Chief (in person or ordinary mail). If either the Chief or complainant remain dissatisfied with the Board's review, both the Complainant and the Chief may appeal to the City Manager. The City Manager will then review and evaluate the matter in the same format as set forth above under "concurrent original jurisdiction." In any case, the complain- ant's appeal must be disposed of by the City Manager within 30 calendar days after receipt of written request for review by either the Chief or the complain- ant. The City Manager will give notice in person or regular mail of the final decision to the Chief, the Board, the complainant, and the officer. No appeals of the City Manager's decision shall be allowed, except the appeal rights available to the police officer under civil service, Chapter 400, Code of Iowa (1997). ',.Ordinance No. Page 1 2 Oversight iurisdiction. 1. As part of its oversight duties and obligations to the City Council, the Board shall have authority to investigate and review police department practices, customs, procedures and written policies, as well as written general orders issued by the Chief of Police. The Board shall have this authority in general and specific cases, and shall report same to the City Council, with copies to the Police Chief, the City Manager and the City Attorney. 2. The Board shall also have authority to collect, maintain, and analyze data needed to carry out this oversight function, including maintenance of a central registry. V. BOARD MAY ADOPT OWN RULES Rules .qovernin.q Board business. In order to conduct and maintain the central registry, coordi- nate investigations with the Police Department, adequately notify the complainant of progress of their complaint, undertake mediation as needed, and carry out all other responsibilities and duties under this ordinance, the Board shall, in consultation with the Police Chief, City Manager and the City Attorney and with the approval of the City Council, establish rules and procedures for the conduct of its business, except as specifically set out in this ordinance. Rules .qovernin.q police investi.qations. Since a rebuttable presumption will exist that the majority of complaints will be investigated by the Iowa City Police Department and resolved by the Chief of Police, except for those matters where the Board exercises its discretionary authority, the Board shall cooperate with the Chief of Police in developing guidelines for the conduct of police investigations of citizen complaints, and shall also cooperate with the Chief of Police in developing guidelines in order to protect police officers' rights under constitutional 'Ordinance No. Page 13 law including those rights set out in Garritv v. New Jersey, 385 US 493 (1967) and Gardner v. Broderich Police Commission of New York, 398 US 273 (1968). VI. BOARD COMPOSITION Membership. The Board shall consist of seven (7) members appointed by the City Council, who shall be Iowa City residents and serve without compensation. The City Council shall strive to appoint members who represent the characteristics and diversity of the community. It is the City Council's intent that at least one member of the Board will have a law enforcement background, and at least one member will be an attorney at law. However, the City Council reserves the right to waive the residency requirement for good cause shown. Trainin.q. All Board members must complete the citizen's police academy and spend a minimum of eight (8) hours riding with Iowa City police officers within six months after their appoint- ment. Terms. Commencing May 1, 1997, members shall be appointed to staggered terms, with the term to commence on the date of appointment. However, an appointment to fill a vacancy shall be for the unexpired portion of the term only. All appointments shall be for a term of 4 years, except for the initial appointments made upon passage of this ordinance -- which may be for lesser time periods in order to establish staggered terms. By-laws. The Board shall establish their own by-laws concerning the conduct of their meetings, election of officers and other such matters, subject to approval of the City Council. 'Ordinance No. Page 1 4 VII. BOARD STAFFING AND BUDGET The City Council shall budget monies for the Board to obtain outside investigators and/or legal counsel, as needed. Because one Board member is designated to be an attorney at law, the use of outside counsel is expected to be minimal. However, Board requests for budgetary authority shall not be unreasonably withheld by the City Manager or City Council. The Board may hire civilian or non-police investigators on a case-by-case basis to assist the Board with investigation of certain complaints, and may hire or retain volunteer mediators to assist with mediation. The City Council shall not unreasonably withhold sufficient funding for such purposes. VIII. HEARINGS The City Attorney's Office shall train the Board, together with other Board staff members as needed, in basic principles of due process and administrative hearing procedures. ao The Board shall have the power, as permitted under Iowa home rule and Iowa City's Charter, to subpoena civilian witnesses, and to compel those police officers who are identified in a complaint as having engaged in or witnessed conduct, but only where the Board has exercised either original concurrent jurisdiction or supplem'ental review jurisdiction of the Board as set forth above. It shall be the exclusive responsibility of the Board's chair, or the Board's member attorney or staff attorney, to determine the order and conduct of any public hearing held under this ordinance, and to rule on admissibility of evidence by using the standard administrative "reasonable basis" test governing administrative procedures as found in Chapter 17A, Code 'Ordinance No. Page 15 of Iowa(1997). All parties to the action will be informed that the Board is not a court of law, and that all proceedings are civil and administrative in nature. Prior to the Board's making any findings or recommendations, the Board's attorney member (or retained counsel), together with the assistance of the Police Department staff, may instruct the Board on the Police Department's applicable rules, orders and regulations. The Board shall take into account all pertinent City and Police Department rules and regulations and written orders, and also state and federal laws and lawful unwritten practices in making its findings and recommendations. The written results of the Board's findings and recommendations shall be forwarded to the Chief of Police for comm-~and to the Complainant; and the Board may respond to the Chief of Police's comments where appropriate. If further review is sought by Complainant from the Board's findings, the City Manager may evaluate said appeal by the Complainant, as set forth above. IX. FILING OF COMPLAINTS Complaints ¢lenerallv. All complaints filed with the PCRB will be in writing on forms supplied by the Board and signed by the Complainant. Complaint forms will include the following words: "1 hereby certify that to the best of my knowledge, information and belief, the state- ments made herein are true. I also understand my verbal testimony before the Board or any related review authority such as the Civil Service Commission shall be given under oath." If the citizen filing a complaint is a juvenile or needs assistance, a parent, guardian or other autho- rized representative may file the complaint on the complainant's behalf. A complainant may also receive assistance from a non-police staff person in filing a complaint, if necessary, and will be notified that mediation is available at any time in the complaint process at no cost to the complainant. The complainant may request a specific remedy, for example an apology, an informal meeting with'the officer or other City official, a verbal or written explanation, or an investigation. "Ordinance No. Page 16 Statute of Limitations for filin.q complaint. A complaint must be filed with the Board within 60 calendar days of the incident. The Board may waive this 60 day requirement upon ashowing of extraordinary circumstances. All complaints received by the Board are investi.qated. All complaints will be received and reviewed -- and a majority of the complaints will be investigated by the Police Department and resolved by the Chief. The only complaints subject to "summary dismissal" by the Board are those which do not involve the conduct of an Iowa City Police Officer or CSO, but only after consultation with the City Attorney's Office. Otherwise, all complaints shall be received by the Board and investigated either by the Police Department and/or the Board regardless of whether the complaint might be deemed unworthy or frivolous. Distribution. The Board, the Chief of Police and the City Manager shall be provided copies of all complaints filed. In cases where the Board exercises original, concurrent jurisdiction, the Chief of Police and the City Manager shall be notified of the Board's desire to either have the Police Department assist in the Board's investigation, or that the Board elects to do their own investigation, including hiring an independent investigator and/or outside counsel, if appropri- ate. The Board's designated staff shall enter the complaint into the central registry using a system to protect the confidentiality of the parties, as provided by law. X. POLICE DEPARTMENT INVESTIGATION PROCEDURES AND FORMAT Except in those cases where the Board exercises discretionary jurisdiction to investigate a complaint or incident, all complaints received by the Board shall be investigated by the Iowa City Police Department in a thorough, competent and impartial manner, and shall be brought to final disposition in a way that is fair to all parties, preferably within 30 calendar days from ~Ordinance No. Page 1 7 filing of the complaint. In those cases where the Board exercises original investigative power, the Police Department will be notified of same, as set forth above. In cases where the Board chooses to use the Police Department to perform an investigation or at least participate in the Board's own investigation, the Police Department and Chief will cooperate in good faith to the full extent permitted under civil administrative law. The Police Department investigation will follow traditional police investigative procedures, including the following: The investigation shall be conducted in a manner designed to produce a minimum of inconvenience and embarrassment to all parties. The parties involved shall be notified immediately of the initiation of an investigation, and the name of the lead investigator. If litigation relating to the complaint becomes an issue during the course of an investi- gation, the complainant shall be told by the Police Department or the Chief that the PCRB process is a civil, administrative procedure; is not a tort action or lawsuit; and that if litigation is being contemplated against the City or the Police Department, the complainant should seek their own attorney regarding such matters. If litigation is filed by the complainant against the City or police officer the investigation will only be completed upon the Chief's direction and only after consultation with the City Attor- ney. All parties, including the complainant and police officers, are to be notified of their constitutional rights - which rights shall be developed in consultation with the Board and with the City Attorney's Office, and set forth in writing. In order to facilitate review (if applicable) by the PCRB, the Police Department investigators shall tape record all interviews with witnesses conducted during a police investigation, includ~ .Ordinance No. Page 1 8 ing members of the Police Department, and shall make those tapes, or accurate copies, available to the Board when the Board exercises its discretionary investigative and/or review authority. The Police Department shall also make this investigative information available to the Chief and the City Manager, as contemplated herein. While the investigations will initially be confidential, the Chief shall consult with the City Attorney regarding any questions as to when or if the investigations may, in whole or in part, become a public record. The Chief of Police has primary authority to conduct all administrative investigations of claimed police misconduct, or cause such investigations to be conducted. However, in consultation with the Board and upon review of the City Attorney, the Chief of Police shall adopt written policies and methods governing specific investigative task assignments, procedures and format. Notwithstanding such regulations and except as otherwise directed by the Board or the Chief of Police, administrative investigations shall ordinarily be conducted by the immediate supervi- sor of the involved employee. However, the following categories may be investigated by a special investigative unit or designated investigators and not by a supervisor, as directed by the Chief: An employee who used force or discharged a firearm in violation of a department directlye or applicable state or federal law; An employee who committed a crime; Where a police officer's act or failure to act resulted in a person's sustaining severe injury or death. Upon completion of the investigation, the Chief of Police shall review such investigation for thoroughness, accuracy, good judgment and reasonableness, and may return the investigation to the initial !nvestigators if sufficient information and detail have not been presented in Ordinance No. Page 19 appropriate written form. Every attempt will be made to complete the investigation within 30 calender day~ of the filing of the complaint (including the Chief's report). but in any event the Chief's written findings (which may eventually be presented to the Board or the City Manager) shall contain the following: detailed findings of fact concerning the incident, including the disciplinary records of the subject officer, and demographics of all persons involved; identification of all laws, including state and federal laws, policies, unwritten practices, rules and regulations and general orders implicated by the complaint; whether the officer has engaged in misconduct, and the reasons for the finding stated in narrative form and usin9 plain English; d. recommend discipline, if any, with a clearly stated written rationale. The Chief shall then provide a copy of the disposition to the complainant and the officer(s), with a copy to the Board. If the Complainant does not agree with the Chief's disposition, the Complainant may appeal to the Board for further investigation and review (30 days to appeal?). If the Board chooses to exercise its discretionary review authority, the matter will be handled as set forth above under "discretionary supplemental jurisdiction to hear appeals". Alternatively, if the Board has chosen not to exercise appellate review, the Complainant may file an appeal with the City Manager, who may review the Police Department investigation and Chief's written disposition and the complainant's challenges thereto. The City Manager may request additional information from the Chief or the complainant prior to making a final disposi- *©rdinance No. Page 20 tion of the complaint. Once the City Manager has evaluated the complaint, including any proposed discipline for a police officer, the City Manager's review shall be final, subject only to the officer's appeal rights under Chapter z~00, Code of Iowa. [Note to Council: this is a new issue that needs to be discussed by you.] In cases where the Board has exercised its discretionary review, if the Chief of Police disagrees with any finding or recommendation of the Board, the Chief may identify the reasons for the disagreement in a written report to the Board. The Board shall then be given the opportunity to respond to the Chief's reasons for disagreement before the Chief makes a final decision on both the complaint and any potential discipline. If the Chief continues to disagree with the Board's findings or recommendations, the Chief may proceed to impose discipline and finalize his disposition/report, or the Chief may appeal to the City Manager in writing, requesting review and reevaluation by the City Manager, which review shall be in writing and final, subject only to the police officer's appeal rights under civil service, Chapter 400, Code of Iowa. XI. POLICI: OFFICI~R RIGFITS PR~:$1:RVI:D Ao As provided by Iowa law, only the Chief of Police or the City Manager may suspend, demote or discharge a police officer in the conduct of their employment. Any discipline imposed by the Chief of Police or City Manager shall be in accordance with labor agreements, Chapter 400, and all other applicable law including due process rights afforded the officer under the Four- teenth Amendment to theU.S. Constitution and U.S. Supreme Court case law. An officer who is suspended, demoted, or discharged may appeal such decision to the Civil Service Commis- sion, Chapter 400, Code of Iowa, and nothing herein is intended to diminish, pre-empt, alter, or in any way change the sworn police officer's rights now protected by state, federal, and contract law. Ordinance No. Page 21 To the extent permitted under law, investigative reports of the Iowa City Police Department and the Chief of Police shall remain confidential. However, if an officer is found to have engaged in misconduct, this finding may become a public record to the extent provided by Chapter 22, Code of Iowa and applicable case law which applies a balancing test to weigh the extent of intrusion into confidential matters, as weighed against the public interest in police misconduct and public safety. [Note to Council: this is still being researched by City Attorney's office.] Linda N. Woito March 13, 1997 Inw\pcrb\pcrb.ord Z 0 op.~ Z o (D =3 __.m ('D oOoO8 ~: 0 ~,'o g o ~ ~, o o r~ Z :::0' ,.< 0 N 'OZ 0 0 Z rrl z z 'o Z Z '17 (Q .o 0 o_~.9 '-' ~ 8~8~ z 0 5' Z Z z 'm B '~ .5'~ z ~mo< o Or' Z 0 ~o~ ~D.~ ~o oTM Q ,-- -. o ~. ~. __=. "~=~ oO~ z .o o -I O' ° = o ~ I~1 -- ¢3. I1) c ~ o Z z z Z (90') Z Z Z Z Z a Z Z 8oz o-o Z a -< Z "< ~ o ~ ? · o ::3 o Z Z "0 "U 0 0 ~'0 0 CITY OF IOWA CITY CITY COUNCIL INFORMATION March 14, 1997 PACKET MARCH 17 .WORKSESSION ITEMS IP1 IP2 IP3 Memorandum from Planning & Community Development Director and Coordinator: Downtown Strategy Rel)ort Memorandum from Chief of Police to City Manager: DARE Memorandum from Administrative Assistant to City Manager: ':' 1 Economic Development Deer Manaqement Committee IP4 IP5 IP6 IP7 IP8 IP9 IP10 IPll IP12 IP13 IP14 IP15 IP16 IP17 IP18 MISCELLANEOUS ITEMS Memorandum from City Manager: Housing Assistance Maintenance Projects Memorandum from City Manager: Pending Development Issues Memorandum from Assistant City Manager: Cable TV Issues Memorandum from Assistant City Manager: Graffiti Abatement Program (GAP) Memorandum from City Clerk: Memorandum from City Clerk: Memorandum from City Clerk: Memorandum from City Clerk: Memorandum from City Clerk: Special Council Work Session - February 19, 1997 Council Work Session - February 24, 1997 Council Work Session - March 3, 1997 March t5 Meeting on Police ProcedureslPolicieslPCRB Joint Meeting with Board of Supervisors I ~07o /07/ Memorandum from City Clerk and Administrative Assistant: Distribution of Council Packets ,,/~r~5 Memorandum from Planning & Community Development Director: University of Iowa Skywalk //~)~? Agenda: City Council/Library Board Joint Meeting - March t9, t997 Memorandum from Police Chief to City Manager: Meeting at West High Memorandum from Public Works Director to City Manager: Corp of Engineers Permits Memorandum from Senior Engineer to City Manager: Business District - Update Nationwide Additional Alley Lighting in the Central March i4, i997 Information Packet (continued) 2 IP19 IP20 IP21 IP22 IP23 IP24 IP25 IP26 IP27 IP28 IP29 IP30 IP31 Memorandum from Senior Building Inspector to City Manager: 2254 S. Riverside Drive Letter from Marcella Lee & Toni DeRyke (Chamber Singers of Iowa City) to City Chamber Singers Grant and Concerts Email from Howard Weinberg to Benn Dunnington: Anti-Child Bill Before Iowa House Eraall from Robbins/Thompson to h@inav.net: Anti-Child Bill Before Iowa House Email from h@inav.net to robbins.r@mcleod.net: Anti-Child Bill Before Iowa House Letter from Robert H. Wolf to Public Works Director: Willow Creek Sanitary Interceptor Sewer Invitation: Grant Wood Area Chapter of the Red Cross 80th Anniversary - March 19, 1997 Press Release: Hydrant Flushing Press Release: Melrose Avenue Reconstruction - Hawkins Drive to Byington Road Agenda: Johnson County Board of Supervisors March tl, t997, Informal Meeting Agenda: Johnson County Board of Supervisors March t3, 1997, Formal Meeting William Moeller Property at/~;~/ Manager:/~)~' ~;~, Agenda: March 18, 1997, Joint Informal Meeting of Johnson County Township Trustees, Clerks, and the Board of Supevisors Memorandum from Council Member Baker: Budget Considerations Memo from City Atty. regarding information from Professor Baldus Concerning Proposed Police Citizen Review Board Ordinance (PCRB). Copy of letter from Assistant Attorney General to Johnson County Attorney regarding DCI investigation in Shaw incident. Copy of New York Times Article "Killer Cop." Letter from Andy Allen regarding the D.A.R.E. program. Memo from City Manager regarding Monthly use of Force Report (Police Dept.) Agenda for the 3/18/97 Informal and Formal meetings of the Board of Supervisors. Information from Asst. City Mgr. regarding supplemental employment (Police Dept.) Memo 'frem City Manager regarding Potential Well Cross-Connections in Iowa City. Memo from CDBG Coord. regarding concerns about Heartland Candles. Email from Sam Thompson regarding anti-child bill before Iowa House. .//~ City of Iowa.City MEMORANDUM Date: To: From: March 13, 1997 City Manager and City Council Karin Franklin, Director, Planning and Community Dey~elop~'~~~/~'~c/~'~ Dawd Schoon, Economm Development Coord~nat~--.",~~-~ Re: Downtown Strategy Report In September of 1996, the City Council established the Downtown Strategy Committee. The charge of the Committee was to establish a strategy to guide the future direction of downtown Iowa City. After nine meetings, one public forum, written and oral comments from the public, and much discussion, the Committee has prepared its recommendations on how the City Council and other community organizations can work together to successfully guide the future of downtown. Attached is the Committee's written recommendation. At your March 17, meeting, Dick Summerwill, as the Committee's spokesperson, will make a .presentation to the City Council. Report Format The Committee's report, Downtown Strategy: Iowa City's Vision for Downtown, contains a vision statement, five goal statements, and strategies to achieve these goals. At the end of each strategy (in parenthesis) is listed the organization(s) primarily responsible for caring out that particular strategy. This does not mean that other organizations may not be involved with this strategy, but that the expectation would be that this organization(s) would be the lead group(s). Downtown Boundaries As the Committee began to work on its charge, the Committee decided that it must establish geographic boundaries for what it means by the downtown. The Committee has designated three geographic areas in the downtown area: the downtown core, downtown extended, and the area of influence (see map at end of report). The downtown core is where the heart of downtown activity occurs. The downtown extended is that area, along with the University of Iowa east campus, that contains those elements that make the downtown the community's center. The area of influence is the surrounding area that contains a number of businesses and residences that directly feed into.the downtown. Given limited resources and time, the Committee strongly believes that priority should be given to addressing issues in the downtown core. When resources and time permits, then issues in the downtown extended and the area of influence should be addressed. cc: Downtown Strategy Committee f:\downtown\dsc0317.mem Downtown Strategy: Iowa City's Vision for Downtown Downtown Strategy Committee Marc Beltrame Nancy Burhans Marie Dane Bob Finch Joanne Fritz Suzanne Gleeson Stephen Greenleaf John Gross Martin Haynes Matt Hirst Gretchen Holt Gary Lundquist Bruce Sorrell Dick Summerwill Shirley Wyrick City Staff Karin Franklin, Director, Planning and Community Development David Schoon, Economic Development Coordinator March 17, 1997 Downtown Strategy Vision Downtown is the heart of the Iowa City community. It is, and should continue to be, distinguished by its unique and fively mix of commerce, culture, education, entertainment, government, and recreation for residents and visitors. Goals Provide a critical mass of destination points and varied year-round activities that will draw people to the downtown. Create a positive climate that focuses on the retention and recruitment of businesses. Maintain a clean and attractive physical environment in the downtown. Provide a safe and inviting downtown for residents and visitors. Ensure that downtown is accessible by all modes of transportation. 2 Provide a Critical Mass of Destination Points and Varied Year-Round Activities that will Draw People to the Downtown. Redevelopment Projects Pursue the development of an expanded library, new cultural facilities, parking, and the potential for private development on the last urban renewal parcel. (City) Reserve Block 102, including the use of condemnation if necessary, for projects that will link downtown and the Near Southside. Such projects could include the proposed Hieronymus Square project, a hotel/conference center, public parking and/or other "destination" projects (City). Support the location of a grocery store that serves the full grocery needs of downtown (City and DTA). Support extension of the downtown to the Near Southside which would include cooperatively working with the University to integrate this part of campus with the Near Southside.(City). Events and Activities Program and actively promote major events, such as the Arts Festival and the Jazz Festival, and on-going activities and attractions, such as the Friday night concert series and noon entertainment, to bring in residents and visitors (DTA, Arts Festival, Jazz Festival, and City). Provide permanent, multi-purpose activity areas that will attract families to the downtown throughout the year, such as improved pedestrian mall playground equipment, a stage area in the pedestrian mall, and expanded recreation center facilities and activities (City). Downtown Residents and Workers Needs Encourage housing opportunities for residents from a variety of age groups and income levels (City and DTA). Support the establishment of day care for children and the elderly for downtown residents & workers (City). 3 Create a Positive Climate that Focuses on the Retention and Recruitment of Businesses Marketing Undertake a market study that will provide the necessary information for a successful marketing program (DTA, City, and Chamber) Create a marketing program to promote business retention and development in the downtown (DTA and City). Develop a marketing campaign that promotes downtown Iowa City as an exciting and fun place to purchase a wide variety of unique goods and services. (DTA, Chamber, City) Business Recruitment Investigate and implement, if feasible, a small business incubator program in downtown (City, DTA, SBDC) Work with the University of Iowa Entrepreneurial Center to encourage new downtown businesses (City, DTA, SBDC) Create an assistance program to promote business retention and development in the downtown (City and DTA) Business Regulatory Climate Review and revise, as necessary, the following municipal regulations and practices to ensure a positive climate for downtown business retention and development: zoning ordinance requirements, building code requirements, design review requirements, and historic preservation requirements (City and DTA). 4 Maintain a Clean and Attractive Environment in the Downtown. Aesthetics Develop a comprehensive streetscape plan which addresses aesthetic, long-term maintenance, and safety issues (City). Specific attention should be given to the following: Retain the pedestrian mall as the focal point of a comprehensive streetscape plan. Evaluate the physical layout of the pedestrian mall street furniture and landscaping so as to make the pedestrian environment feel safe and more inviting. Replace the existing play equipment and fountain with safe and attractive ones. Consider the importance of maintenance when replacing any feature or material. Incorporate new and consistent lighting in the downtown. Increase the level of pedestrian lighting in the downtown and provide adequate electrical outlets and power for special events. Establish a public art program with highly visible murals, sculptures, and other works of art. (City) Program light and banner displays for special occasions throughout the downtown (City, DT^, and CVB). Maintenance Expand City maintenance responsibilities to beyond the pedestrian mall and develop regular maintenance schedules, which include trimming trees and shrubs, replacement of light bulbs, steam cleaning sidewalks and alleys, snow removal and street cleaning, and trash receptacle pick-up (City). Encourage business owners to help by cleaning up outside their businesses and by reporting problem areas (DTA). Establish an adopt-a-bed program for the planting beds in the downtown (DTA and City). Establish a graffiti removal and abatement program (City, DTA, and Chamber of Commerce). Litter Increase the number and functionality of trash receptacles and ash trays, particularly on the pedestrian mall and place recycling containers for cans and bottles next to trash receptacles (City). Develop an adopt-a-block program for litter clean-up and establish a "Don't Lifter" educational campaign (City and DTA). Create a recognition program for City employees, business owners, and others who keep the downtown clean (City and DTA). 5 Enforcement of Regulations Educate downtown businesses and residents regarding City regulations and how to report violations (City and DTA) Publicize enforcement campaign/efforts in media and City newsletter (City), Increase enforcement of existing regulations regarding litter, dumpster maintenance, and prohibition against posters attached to street lamps and electric poles (City). 6 Provide a Safe and Inviting Downtown for Residents and Visitors. User-Friendly Environment 0 0 Youth 0 Provide adequate signage for "way-finding" to and in downtown (City and Monday Forum). Develop maps of downtown destinations and activities and community and statewide (DTA, CVB, and Chamber) Activities distribute throughout the Recruit youth from the community to address in a positive manner such issues as intimidation and graffiti in the downtown (DTA, City, School District). Engage the groups of youths who frequent the pedestrian mall improvement and preservation of the mall (DTA, City, School District). Security & Safety 0 0 0 0 0 in the physical Provide a community service officer on a walking beat in the downtown core from noon to 8:00 p.m. and continue present coverage with uniformed officers from 8:00 p.m. to noon with the goal of around the clock foot patrol (City). Retain and expand the current policy of having bicycle patrols in downtown (City) Install clear signage regarding rules and regulations (City) Increase enforcement of the current laws, including: regulations regarding animals, pan- handling, skateboards, in-line skates, and bicycles (City). Support the University of Iowa's efforts to reduce high risk drinking (City and DTA). 7 Parking Ensure that Downtown is Accessible by all Modes of Transportation. Develop an aggressive promotional campaign demonstrating the availability and convenience of downtown parking (DTA and City). Conduct an educational campaign to encourage employers and employees to park in remote areas or in parking facilities in order to leave prime parking spaces for shoppers (DTA and Monday Forum). Build a partnership between the City and the University to create unique solutions to address student parking issues in the downtown (City and University). Explore the possibility of private parking lots in the downtown being used by the public during non-business hours (DTA and City). Encourage the establishment of commuter lots and employee van pools (City and University). Increase on-street angle parking in locations that will not significantly impact pedestrian movement on abutting sidewalks (City). Provide a grace period (i.e. 15 free minutes of parking) for entry and exit to downtown parking garages (City). Provide a sufficient number of parking ramp attendants during peak hours to ensure timely flow of traffic out of parking garages (City). Provide signs, both on the ramps and at key entry points to downtown, indicating availability of parking in each parking garages (City). Pedestrians & Bicycles Promote the pedestrian-friendly aspects of downtown (DTA). Ensure that pedestrian crosswalks are adequately painted during all seasons (City) Construct a median and crosswalks on Burlington Street that provide an environment in which pedestrians feel they can safely cross Burlington Street (City). Ensure an adequate number of bicycle racks (City). Improve bicycle routing and circulation in downtown (City & University). Provide stricter enforcement of prohibition against riding bicycles on sidewalks (City). 8 Transit Investigate the possibility of having a Cambus eastside loop or an Iowa City Transit fare- free zone east of the University campus in order to provide university students with an alternative to driving and parking in downtown (City and University). Encourage the use of the transit system by providing throughout the community better bus stop signage, including posted route maps and schedules (City). Accessibility for Persons with Disabilities Ensure an adequate number of parking spaces for persons with disabilities per street block (City). Encourage businesses to make storefront doors easy to open for persons with disabilities (DTA). Construct pedestrian ways with materials that are less slick in the winter (City). Improve the slope of sidewalks from the street to storefronts to make the sidewalks more accessible for persons with disabilities (City). Provide stricter enforcement of regulations regarding parking spaces for persons with disabilities (City). Provide adequate time at crosswalks to allow persons with disabilities to safely cross streets, particularly along Burlington Street. In addition, provide audio crosswalk signals for the sight-impaired (City). Circulation Discourage vehicular traffic, other than delivery vehicles, on the alley that crosses the pedestrian mall. ecodev\vision4.doc 9 MARKET ST , i { .,,PITI Ill '- <" ' - II DOWNTOWN CORE IiImiImmmmI = DOWNTOWN EXTENDED DOWNTOWN IOWA CiTY AREA OF INFLUENCE TO: FROM: RE: DATE: MEMORANDUM Stephen Atkins, City Manager R. J. Winkelhake, Chief of Police DARE March 13, 1997 It is the desire of the Iowa City Police Department to participate in worthwhile, validated, and preventative educational programs such as DARE to assist the youth of our community. DARE (Drug Abuse Resistance Education) has become the most widely adopted substance abuse prevention education program in the U. S. today. DARE is taught in over 70% of all school districts in the United States. In Iowa 414 towns or cities utilize DARE. Over 150 law enforcement agencies are involved in the delivery of the DARE program to the students of our state in 260 school districts. DARE has a proven record of success that has been documented by more than thirty independent studies. These include studies by the Evaluation and Training Institute, the Gallop Organization and the Department of Justice. Evaluations show significant differences between students receiving DARE and those who do not, in terms of their drug use and gang involvement. The DARE curriculum has consistently been shown to improve skills that help students resist risk-taking behaviors and peer influences that might lead to drug use. A 1995 survey of Ohio 11th graders tracked the longer-term results of those students having participated in DARE and those who had not. The results showed lower levels of drug involvement for those students who participated in DARE. Our department is currently in the process of surveying students who completed the program five to seven years ago in an effort to evaluate our program's effectiveness. DARE is continually modifying curriculum through the DARE Scientific Advisory Board to incorporate the most recent research to make it more effective. With each improvement will come a better delivery of the message, and so, will cause variation in survey results. DARE programs and goals are consistent with an integrated community policing approach and reflect many neighborhood policing values. Positive exposure to a police officer over a sustained period of time can shape a positive attitude toward the community, community values, and the police function in the community. Consequently DARE helps develop good citizenship in the students who participate. The impact of taking an officer off the street and placing the officer into the schools has had a positive impact on effective police operations. We believe it has proven to be a sound investment of police resources. The DARE budget is currently $18,335 excluding the cost of the officer. DARE strengthens relationships between officers and local residents because of the community involvement of the officer. It serves to humanize police, allows students to see police in a helping role, opens lines of communication between the police and youth, and serves as a source of feedback to the department to better communicate the fears and concerns of youth, thus helping the police develop problem-solving efforts that extend well beyond the concern of only drugs. DARE is a seventeen week curriculum that targets elementary exit grades. Exit grades mean the year before middle or junior high school. Its main focus is based on a partnership between the school districts, parents, local law enforcement agencies, and the community. It is designed to help young people develop skills necessary to resist peer pressure to experiment with drugs, alcohol and tobacco, and to identify and help resist involvement in violent activities. Perhaps the best way to evaluate the program's local success is to examine the Iowa City Community Schools and Regina's reoccurring requests to continue the program. Each year we are "invited" to return. When this happens, these schools must eliminate 17 hours of instruction from their schedule in order to accommodate DARE. In the schools and in the community, local support for DARE is strong. Responses from the district, the students, the staff, parents, and community representatives have all indicated this fact. Attached to this memo are letters from Superintendent Barbara Grohe, Principal Raymond Pechous, Assistant Principal Celeste Cook, Director of Instruction for Iowa City Community School District William Dunton and Ann Feldmann, Director of Human Resources for the school district, all of which voice overwhelming support for the DARE program in Iowa City. DARE is a natural reinforcement to in-place curriculum in the schools. The uniformed officer, who is specially selected and trained, acts as a role model and is able to incorporate his/her "street experience" and helps make DARE one of the few prevention programs that excite students, teachers, parents, and the community. The DARE program has been very well received by students, class room teachers, school administrators and parents. The evaluations done by students are almost always very positive as are the evaluations done by teachers and parents. The effectiveness of our DARE program depends on the quality of the classroom experience, how much reinforcement is received from parents, friends, teachers and other police officers. DARE is not designed to be a stand-along program or a cure-all for a societal problem that has taken generations to produce. It is an effective start toward a goal of a drug and violence-free community. This semester DARE is serving five schools and 480 students in Iowa City. We are currently in the process of developing a survey to be given to former DARE participants who are now attending Iowa City area high schools. It is being designed in such a manner to determine the effectiveness of DARE in continuing to keep youth off drugs. The survey is being developed and administered through a joint effort of the Iowa City Police Department and the Iowa City Community School District. The survey will show the effectiveness at the local level which is necessary to make a sound judgment of the prevention efforts' success in Iowa City. The Department certainly encourages the Council to continue its support for this preventative effort of the Police Department and the School District. Barbara Grohe, Ph.D. Superintendent IOWA CITY COMMUNITY SCHOOL DISTRICT 509 S. Dubuque Street Iowa City, IA 52240 (319) 339-6800 (319) 339-6890 FAX March 5, 1997 R.J. Winkelhake Chief of Police Civic Center 410 E. Washington Iowa City, IA 52240 Dear Chief Winkelhake: It is with great pleasure that ! take this opportunity to write in support of the Drug and Alcohol Resistance Education program. This collaboration between the Iowa City Community School District, and the Iowa City Police Department has been tremendously successful, and well received. While it is impossible to precisely measure the negative choices that have been prevented thanks to this program, we are certain that it has had an immeasurably positive impact on our students. Please forward my sincere appreciation to the Iowa City City Council for their support of DARE in our schools. Preventing substance use by young people is always a difficult task, but it is certainly easier through powerful partnerships such as those fostered in the DARE program. Sincerely, Barbara Grohe BG/hik Regina Elementary 2120 Rochester Avenue Iowa City, Iowa 52245 319-337-5739 To: Chief of Police From: Regina Elementary We would like to thank the Iowa City .Police Department for another successful year with the DARE program We are in our seventh year of having DARE as part of our sixth grade curriculum. It provides our students with many great opportunities to build their self-esteem, thinking skills, problem solving skills, and general awareness of drugs and the effects that are caused by taking drugs. We were appreciative of Officer Ockenfels efforts during her time with our students. The graduation day was certainly a highlight of the program and it was wonderful to have the presence of the Iowa Women's Gymnastic Team. Thank you for the opportunity to participate in t~is~ progra~n~ Rayffiond J~P chous, Elementary ~~ ~. ~o,~ Principal Celeste C. Cook, Assistant Elementary Principal IOWA CITY COMMUNITY SCHOOL DISTRICT Barbara Grohe, Ph.D. Superintendent 509 S. Dubuque Street Iowa City, Iowa 52240 (319) 339-6800 March 6, 1997 R.J. Winklehake, Chief Iowa City Police Department Civic Center Iowa City, Iowa 52240 Dear Chief Winklehake; In October 1995 the Board of Directors of the Iowa City Community School District conducted a community survey for the purpose of determining the public's opinions about programs, services, and other aspects of the district. On that survey, respondents were asked to identify, from a list provided, the 3 biggest problems with which the public schools in this community must deal. The biggest problem, according to the community members, was substance abuse. Our district-wide substance use and abuse prevention philosophy is to provide all students with educational strategies that stress individual responsibility for the daily decisions that affect health and well being. We feel that successful and comprehensive education is one way to confront problems related to substance use and abuse. To do so, our Kindergarten through sixth grade curriculum is built on the following four components: "Here's Looking at You, 2000" - a substance abuse prevention curriculum which integrates mental and emotional health with prevention education, · a comprehensive elementary counseling program available to students in all buildings of the district, "HAP (Health Activities Project)" ~ interdisciplinary science and health units that are regularly taught as a part of our elementary science curriculum, and · DARE as a supplemental component at sixth grade. We feel our curriculum is comprehensive and, as a package, meets the needs of our students. Coupled with support from the district's substance abuse prevention task force and at-risk committee, we are able to provide a wide range of education and services for all of our students. To remove any part of the package would be to decrease the comprehensive nature of our program consequently decreasing our ability to program for each student's unique needs,. DARE has been taught in our schools since the fall of 1992. It was first implemented at Grant Wood Elementary and has subsequently become a part of the prevention education program in all but three of the elementary schools in the district. The remaining schools have projected plans to begin using DARE within the next two years. DARE's tenure in the district has been overwhelmingly positive. Parents, and principals have attested to the positive impact of DARE. Following are quotes from a few elementary principals and 6th grade parents with whom I've spoken about DARE and it's value to our young people: "DARE has had a positive impact on our students. I'm convinced that will serve them well as they grow up." "Some people talk about "it is the responsibility of the whole community to educate the child." This is another contribution towards that goal." "This program is a whole lot more than just teaching 17 lessons to 6th graders. Everyone in the school gets to meet the DARE officer during the semester that he/she is here." "How do you measure the impact of "saving some kid from taking drugs?" It is so easy to say that this doesn't work. ! wonder if any of these individuals has ever attended a DARE graduation and heard the essays or saw the posters?" "The DARE program gives the schools a curriculum that is sequenced, well organized and taught on a regular basis to the students at an age that is meaningful and appropriate. Students are active participants in their learning and are exposed to the skills it will take to make tough decisions about drugs and alcohol. The instructors are trained and have the expertise of community issues. Losing DARE would greatly weaken our substance use and abuse prevention education program while the problem continues to grow and concerns continue to rise within our community. Therefore, as Director of Instruction for the Iowa City Community School District and a parent of two drug free boys, I urge you and the City Council to continue funding and making resources available to support the DARE program. Sincerely, William D. Dutton Director of Instruction IOWA CITY COMMUNITY SCHOOL DISTRICT Barbara Grohe, Ph.D. Superintendent (319) 339-6890 Fax Number 509 S. Dubuque Street Iowa City, IA 52240 (319) 339-6800 March 11, 1997 R. J. Winkelhake, Chief Iowa City Police Department Civic Center Iowa City IA 52240 Dear Chief Winkelhake, Enclosed are some comments from Iowa City Community School district principals on the success of the DARE program. Please forward to the Iowa City Council. From Steve Auen, Principal, Twain Elementary: Officer Myers does a great job of interacting with the students. He explains how it is easier to role-play and how difficult it will be in the real situation. He also listens to the students and lets them give the ideas for the different lessons. My students enjoy when he is classroom and I believe they are learning some important strategies and facts about drugs. From Brian Lehmann, Principal, Lucas Elementary: The DARE program often reflects the strengths of the officer who is teaching. Both Cathy Ockenfels and Joel Myer have done a nice job working with students in my sixth grade class. I would favor continuing the DARE program for sixth graders as long as the officer in charge is effective. Here are the advantages I see: 1. Concepts taught in DARE (for example, recognizing propaganda techniques) integrate very well with our current curriculum. 2. It is a very positive experience for most 6th graders to get to know a police officer who can call them by name. It helps establish good rapport and better respect for authorities. 3. They can deliver the fact about drug concerns in Iowa City far more accurately than I could as a classroom teacher. 4. Students do not seem afraid to ask the officers questions, and those questions are not questions I would be able to answer. They are the experts in this field. It is like having a guest speaker. 5. Students' ideas are pooled. The officers are not preaching to students. 6. Both officers have handled group work very efficiently. Students in my classroom are not "acting silly" or "wasting time." 7. Considering the seriousness of the issue, I don't think dropping DARE at this time is a good idea. Most sixth graders I observe are totally committed to keeping themselves healthy. I am afraid it is sometime later that a portion are swayed. I also know we have some sixth graders who have already been tempted or approached. DARE does offer them options and ways to deal with confrontation. 8. My one suggestion might be to limit the program to 30-minute lessons. That might be a way to cut expenses without cutting program significantly. From Paul Davis, Principal, Wood Elementary: If I was going to ask parents and students what should be taught to sixth graders other than the three R's, the first subject that I would have here would be DARE. Any time you can get students together to talk about drugs and peer pressure, especially 6th graders, we would be missing a golden opportunity if this program was not available to young people. We have been fortunate to have a police officer of Cathy's ability that knew her subject matter and could relate to young people very well. A big plus for a knowledgeable police officer to be the instructor is that the 6th graders see the these officers as a friend that can be trusted. Also this program gives the police department a person that young people feel free to converse with through their Jr. High and High school years. The DARE officer in Grant Wood is held in high esteem and is thought of as another teacher and friend. No program is going to be a panacea to keep kids from drugs but DARE has given kids a talking and knowledge edge to the possibility of saying no to drugs. Our parents feel the same way. They hope each year there would be a program of some sort so their kids could and would say no to drugs. Thank you for your continued support. Ann Feldmann Director of Human Resources AF/mks cc: Barb Grohe, Superintendent Bill Dutton, Director of Instruction -'IOWA, 2009 lstAvenueE.* February28,1997 Newton, IA 50208 Phone: (515)791-7147 * Fax: (515)792-0134 Officer Joel Myers Iowa City Police Department 410 E. Washington Street Iowa City, Iowa 52240 Dear Officer Myers: The following information is provided regarding your recent inquiry as to the effectiveness and growth of the D.A.R.E. program. The D.A.R.E. program is based on a partnership between school districts, parents, local law enforcement agencies and communities designed to help young people develop skills necessary to resist peer pressure to experiment with drugs, alcohol and tobacco. Since 1987, the Iowa program has grown in size and scope: The state has gone from one D.A.R.E. officer trained in 1987 to 314 in 1996. · D.A.R.E. is taught in 260 school districts within the state. D.A.R.E. is being taught in 414 cities and towns in Iowa plus the University of Northern Iowa. A total of 151 law enforcement agencies; 105 police departments, 44 sheriff departments and Iowa State Patrol have D.A.R.E. officers teaching in 414 cities and towns. These are not statistics of a failed program. On the national level, in 1996 New York Mayor Rudolph Giuliani and Police Commissioner Howard Safir, both with reputations of being tough on crime, have implemented the D.A.R.E. program. The National School Boards Association (NSBA) is supportive of D.A.R.E. and recently announced that it was joining efforts to implement the D.A.R.E. middle school program nationwide. Over 70 percent of all school districts nationwide have implemented the D.A.R.E. program. Respectfully yours, Gerry P~cinovsky Iowa D.A.R.E. Coordinytor DRUG ABUSE RESISTANCE EDUCATION TEACHING KIDS TO RESIST DRUGS VIOLENCE February 28, 1997 Heads of Agencies, D.A.R.E. Administrators & Officers: As many of you are aware, NBC Dateline recenfiy televised a segment on the D.A.R.E. program. This packet has been assembled to provide D.A.R.E. administrators and officers with sufficient information to address questions frequently asked about D.A.R.E. The attached information should be helpful: Response to the NBC Dateline story on D.A.R.E. Answers to recent studies on D.A.R.E.'s effectiveness The D.A.R.E. Scientific Advisory Board responds to frequently asked questions D.A.R.E. program praised by President Clinton A D.A.R.E. parent's letter to U.S. Attorney General Janet Reno Attached for your benefit is an update regarding the revised D.A.R.E. middle school curriculum. This update also includes pricing information for the revised middle school student workbook. Thanks again for all of your efforts, and if the staff of D.A.R.E. America can be of assistance, please contact our offices at (800) 223-D.A.R.E. Best wishes, Glenn Levant President Founding Director D.A.R.E. America Worldwide GL/ssa enclosures DRUG ABUSE RESISTANCE EDUCATION TEACHING KIDS TO RESIST DRUGS VIOLENCE To: From: Re: D.A.1LE. Supporters D.A.R.E. America, Worldwide NBC DATELINE Story on D.A.R.E. As you probably are aware, Friday, February 21, 1997, the NBC DATELINE Show broadcast a story on D.A.R.E. While not totally positive, the segment clearly demonstrates D.A.R.E.'s immense broad-based popularity and acceptance across the nation. The story featured positive images of D.A.R.E. including interviews with students who were excited by and were learning from the program. There was video of President Clinton praising the D.A.ILE. program and the D.A.ILE. officers. The show ran an interview with the nation's drug czar General Barry McCaffrey who strongly defended the D.A.R.E. program and its effectiveness. McCaffrey told the viewing audience that, "D.A. ILE. is a tremendous source for good!" As with most media stories, the DATELINE piece included its fair share of criticism of the D.A.R.E. program, interviewing the Seattle Chief of Police and Malthea Falco from the Drug Strategies Institute and a few others. Here are some facts that may be helpful to you in responding to any inquires. Research - More than 30 independent studies have substantiated the effectiveness of D.A.ILE. as a drug and violence prevention program. DATELINE discounted the Ohio State University study by claiming that two researchers said it was meaningless. However, they neglected to disclose the names of the two researchers or how they arrived at this conclusion. The Ohio study is the only current research that has examined the most updated D.A.R.E. curriculum. Although DATELINE regarded the resulting data as modest, in fact, the results were definitive, with 73 percent of the D.A.R.E. students falling into the low-risk group as compared to 58 percent of non-D.A.R.E. subjects. As the show pointed out, research on D.A.R.E. indicates positive short-term effects. Based on this effectiveness at the elementary level and the research consensus for reinforcement, we are promoting the expansion of D.A.1LE. into middle and high schools. As President Levant explained on the show, one year of D.AolLE. or any other prevention program does not provide a lifetime inoculation against drug use. The eradication of drug abuse must include a number of different elements including interdiction, treatment and school-based drug prevention. DRUG ABUSE RESISTANCE EDUCATION Seattle Chief of Police ~- The Seattle Chief stated that he dropped the D.A.R.E. program even though D.A.R.E. had accomplished much in the community. Seattle D.A.R.E. was not widely disseminated, they had only 4 to 5 part-time officers. In addition, the Chief claimed that "cops are not teachers°" It should be noted that most every study on D.A.R.E. indicates that one of the key elements that separate D.A.R.E. from other programs is the high quality teaching and delivery of D.A.RoEo by the uniformed officers. The Chief claimed that "a lot of other Chiefs" have questioned the program. As all of you know, D.A.R.E. is being taught in 10,000 communities at this time and receives almost unanimous acclaim from police chiefs and sheriffs. None of these many law enforcement D.A.R.E. supporters were interviewed to balance the story. There is no evidence to support his assertion that large numbers of police chiefs around the country would like to drop D.A.R.E.. To the contrary, only a small number of communities discontinue D.A.R.E. each year (generally due to budget constraints), while between 250 and 300 cities add the program annually. In fact last year, 250 cities, including New York and Washington, D.Co, began implementing the program. Malthea Falco -- As the director of the non-governmental Drug Strategies agency she recently produced a review of School Drug Prevention Programs. In the report, DoA.R.E. was graded highly in the following areas that are considered by research studies as key elements to successful prevention teaching: helps students recognize internal pressures, like anxiety and stress, and external pressures, like peer attitudes and advertising develops personal, social and refusal skills to resist these pressures teaches that using drugs, alcohol, and tobacco are not the norm among teenagers, even if students think that "everyone is doing it." provides developmentally appropriate material and activities about the consequences of drugs uses interactive teaching techniques actively involves the family and the community includes officer training and support In conclusion, implementation of D.AoR.E.'s K-12 curriculum, as part of an overall comprehensive effort, is consistent with the latest research on the best approach to reduce drugs and violence among America's youth. The D.A.R.E. Scientific Advisory Board recently responded to concerns about the D.A.R.E. program by releasing a document which states in part, "D.A.R.E. has been clearly shown to make a difference. The D.A.R.E. curriculum...improves skills that help students resist risk-taking behaviors and peer influences that might lead to drug use." --end-- TEACHING KIDS TO RESIST DRUGS & VIOLENCE DRAFT Answers to recent studies on D.A.1LE. 's effectiveness I. Is D.A.ILE. concerned about recent evaluations? Yes, we are concerned. Because of the recent increase in teenage drug use, everyone involved in the fight against drugs shotfid take a hard look at what they are doing and try to improve their methods. b. We are and have been modifying the D.A.R.E. curdctfia to continually incorporate the most recent research to make it more effective. Examples of curricula modifications include: normatire beliefs, cooperative learning, violence prevention/conflict resolution, and tobacco education. c. Studies on D.A.R.E. indicate positive short-term effects. Based on this effectiveness at the elementary level and the research consensus for reinforcement, we are promoting the expansion into middle and high schools. d. Most analysis of D.A.R.E. shows that there is a need for a long-re .rm study to determine D.A.R.E.'s effectiveness over time. The D.A.R.E. Scientific Advisory Board is assisting D.A.R.E. America in designing a national longitudinal study to be submitted to the National Institute on Drug Abuse. II. What responsibility does D.A.ILE. take for the overall increase in drug use among junior high students? a. D.A.R.E. along with elected leaders, celebrities, sports figures, parems, employers, religious and social institutions and the media, all should take some responsibility and work together to fight this increase because the lives of our youth are at stake. b. D.A.R.E. is not a silver bullet. One year of D.A.R.E. or any other prevention program does not provide a lifetime inoculation against drag use; effective drug abuse eradication must include a number of different elements including community involvement, interdiction, treatment and school- based drug prevention. DRUG ABUSE RESISTANCE EDUCATION c. The U.S. Department of Health and Human Services latest National Survey reports that students at the 5th/6th grade level not only show no increase in drag use, but their use of any illicit drugs has actually decreased. The 5tlf6th grade is where most D.A.R.E. resources are now focused--to address this dramatic increase in middle/junior high-- D.A.R.E. wants the newly revised middle/junior high curriculum implemented in every school in the nation by the year 2000. d. Implementation ofD.A.R.E.'s K-12 curriculum, as part of an overall comprehensive effort, is consistent with the latest research on the best approach to reduce drugs and violence among America's youth. Research has shown that substance abuse usually begins after elementary school, thus D.A.R.E. is implemented among children with whom abuse is not a major problem in the hope that it will not become a problem. III. Does D.A.R.E. work? ao Yes. All components of current D.A.R.E. curricula are consistent with sound prevention principals. Even critical studies have found that D.A.K.E. resulted in improved student knowledge of drag dangers and consequences; increased student social skills; better student attitudes toward police; and, stronger attitudes against drug use. b. D.A.R.E. has the largest and most consistent delivery system of any drug prevention program. D.A.R.E. officers are continually graded highly for their fidelity in delivering D.A.R.E. Based on the research, the delivery of drug prevention curricula must be uniform and delivered as written to be effective. The training received by D.A.R.E. officers conforms to the latest research on program delivery, such approaches as; role playing, small-group discussion, and other interactive methods. Co The D.A.R.E. Scientific Advisory Board recently responded to concerns about the D.A.K.E. program by releasing a document which states in part, "D.A.K.E. has been clearly shown to make a difference. The D.A.K.E. curriculum...improves skills that help students resist risk- taking behaviors and peer influences that might lead to drug use." --end-- TEACHING KIDS TO RESIST DRUGS VIOLENCE The D.A.R.E. Scientific Advisory Board RESPONDS TO FREQUENTLY ASKED QUESTIONS Background D.A.R.E. is the acronym for Drug Abuse Resistance Education, the single most widely-used substance abuse prevention and safety promotion curriculum in the world. First developed in 1983, D.A.R.E. has undergone multiple revisions as research findings increased knowledge of effective substance abuse prevention among school-aged youth. There are several components to the D.A.R.E. curriculum including the "core curriculum" for fifth or sixth grade; visitation for kindergarten - fourth grade; a middle school/junior high program; a senior high cirdculum; and a parenting component. More than 70 percent of America's school districts have adopted the program, and over 8,000 cooperative partnerships between law enforcement and education are in place across the country. By virtue of D.A.R.E.'s extensive use and national impact, D.A.R.E. has achieved immense name recognition in association with substance abuse prevention, making the D.A.R.E. officer the most recognizable symbol for commtmity policing and prevention. Is D.A.R.E. effective in reducing drug use and anti-social behavior? Independent studies show that D.A.R.E. promotes positive behaviors, with positive effects retained for at least one year after the most recent exposure to D.A.R.E. material. Even the most critical evaluations indicate that D.A.R.E. has a measurable impact on adolescent alcohol use and abuse. While there has been debate in some quarters about D.A.R.E.'s effectiveness, D.A.R.E. has been clearly shown to make a difference. Evaluations show significant differences between students receiving D.A.R.E. and those who do not, in terms of their drug use and gang involvement. The D.A.R.E. curriculum consistently has been shown to improve skills that help students resist risk- taking behaviors and peer influences that might lead to drug use. From its name, D.A.R.E. would seem to be primarily a substance abuse prevention program. Why is it also described as a violence prevention and safetypromotion curriculum? Drug abuse is not the only behavior addressed by the D.A.R.E. curriculum because D.A.R.E. recognized how intertwined violence prevention and safety promotion are with drug abuse. Therefore, to ensure an appropriate comprehensive approach, D.A.R.E. promotes healthy self- assertion, positive choices about risk-taking and health-related behaviors, and positive social skills. D.A.R.E.'s curriculum also teaches resistance to gang membership, violence, and destructive peer pressure, as well as substance abuse. DRUG ABUSE RESISTANCE EDUCATION What is unique about D.A.R.E. that makes it such a widely-used program? Virtually all substance abuse and violence prevention programs agree that a key to success is enlisting the involvement of community leaders to reinforce a consistent message. D.A.R.E. provides unique involvement for a wide range of these figures, including law enforcement officers, classroom teachers, peer leaders, and parents. Law enforcement professionals especially favor D.A.R.E. because it provides an excellent opportunity for positive interaction with children in a familiar, comfortable classroom setting. Can D.A.R.E. ensure a drug-free or violence-free community? No single curriculum or prevention effort can ensure a drug- or violence-free community. Implementation of D.A.R.E.'s K-12 curriculum, as part of an overall comprehensive effort, is consistent with what works best to reduce drugs and violence among America's youth. Appropriate community law enforcement methods, strong parental commitment to prevention, recreational child welfare programs, and additional public health and education efforts are all needed to address the numerous factors which affect drug use among youth. Does scientific theory support the ability of D. A.R. Eo to reduce drug use and other problems? D.A.R.E. is based on the "social influence theory." Utilizing this scientific theory, D.A.R.E. as described in an independent analysis by Baker, Petty, and Gleicher (1991) (pp. 198-199) "...incorporates the notion that there are many more attitudes relevant to the prevention of drug use than merely one's knowledge and attitude about the illicit drug itself. Attention is given to · the bolstering of self-esteem and assertiveness, the role of peers in the influence of drug use, and so on...another variable that influences the stability of newly formed drug .attitudes is the amount of practice the person has thinking about and defending this new position from attack...one's attitudes, especially concerning the rejection of drug use, will likely be subject to counterpersuasion by peers or others... Again, Project D.A.R.E. includes a variety of inoculation type sessions in which students practice rejecting persuasive attempts by peers". The D.A.R.E. Scientific Adviso .rv Board Dr. Herbert Kleber, Chairman Dr. Mark Gold Dr. William Harvey Elizabeth (B.J.) McConnell Dr. Robert Millman Dr. David Musto 'Sue Rusche Dr. John Schowalter Dr. d. Thomas Ungerleider Dr. Kathleen Wulf TEACHING KIDS TO RESIST DRUGS & VIOLENCE D.A.R.E. PROGRAM PRAISED BY PRESIDENT CLINTON February 25, 1997 Today President Clinton praised the D.A.R.E..program at a White House ceremony in which he outlined his 1997 NATIONAL DRUG CONTROL STRATEGY. The D.A.R.E. program was especially singled out as the only non-profit drug education prevention program listed in the strategy under the heading, "Expanding School-Based Prevention Programs that Work." As a part of the nation's drug strategy President Clinton said that progr~ like D.A.R.E. should be replicated. Before unveiling his drug-fighting budget, President Clinton thanked all the young people who were in attendance from the D.A.R.E. program- and included the D.A.R.E. students in official White House photos. During the briefing, Attorney General Janet Reno, FBI Director Louie Freeh, Drug Enforcement Administrator Tom Constantine and members of Congress were among the dignitaries in support of the strategy. Also attending was the nation's Drug Czar, General Barry McCaffrey who stated that there are over 25 million D.A.R.E. kids across the country, mostly 5th and 6th graders, and that's not enough-- we need to do more! The President's release coincided with the February 18, 1997, announcement by the all volunteer D.A.R.E. Scientific Advisory Board headed by Dr. Herbert Kleber, of Columbia University. This panel of leading experts in the field of drug prevention and research announced that, "Independent studies show that D.A.R.E. promotes positive behaviors, with positive effects retained for at least one year after the most recent exposure to D.A.R.E. material. Even the most critical evaluations indicate that D.A.R.E. has a measurable impact on adolescent alcohol use and abuse. While there has been debate in some c/uarters about D.A.R.E.'s effectiveness, D.A.R.E. has been clearly shown to make a difference. Evaluations show significant differences between students receiving D.A.R.E. and those who do not, in terms of their drug use and gang involvement. The D.A.R.E. curriculum consistently has been shown to improve skills that help students resist risk-taking behaviors and peer influences that might lead to drug use." DRUG ABUSE RESISTANCE EDUCATION February 11, 1997 Ms. Janet Reno, US Attorney General Constitution Avenue & 10th St. N.W. Room 5111 Washington D.C. 20530 Dear Ms. Reno, In September 1996, our daughter, Amy Brown age 12 and a student at Hillcrest Elementary School in Lebanon, Mo. was approached by a man she did not know as she waited for me (her mother) to pick her up after school. He pulled up beside her in a car and told her "your mom sent me after you." Amy asked who he was and his response was "does it matter?" "It does to me!" Amy told him as she backed away from his car, and then she applied something she had learned from her D.A.R.E. classes taught by Sgt. A1Nutter. "What's the code word?" she asked. The man was unsure of how to answer and Amy told him to wait, as she ran back into the school building to tell another adult, and with that the man quickly drove away. I was informed of these events once I arrived at the school to pick up Amy, and needless to say. I was just sick at the thought of what could have happened if Amy had not acted the way she did. As we left and drove through town. Amy spotted the familiar red D.A.R.E. car. "Mom. there's Sgto Nutter, can we tell him what happened?" Amy was so excited to explain to him that what he taught her had just saved her from a serious situation, and he was very happy and excited to hear all about it, as well he should be. We just think you 'should know that what our daughter learned in a D.A.R.E. class about having a code word between parents and child should someone else have to come and pick up the child, saved her from at best, a frightening experience and at worst, what is every parent's worst nightmare. Having a D.A.R.E. officer, especially an energetic caring person like A1Nutter in the classroom on a regular basis talking with and teaching these kids, is an incredibly valuable experience for our children. Before meeting Sgt. Nutter, Amy tended to be frightened of all persons in uniforms, and now she has come to realize that law enforcement officers are out there to help and help is a small word for what he's done for our family. We certainly want D.A.R.E. and-the D.A.R.E. officer in our children's classroom. Regardless of a child's academic abilities, D.A.R.E. allows each child to shine, to graduate, from a class and feel spe~ial--and that's half the battle in keeping our kids off of drugs and out of harm's way, convincing them of how truly special they are. We feel that as a direct result of Amy's D.A.R.E. classes she learned something that helped her avoid what could have been a tragic situation. The man involved was later picked up by local police but even with Amy's testimony. nothing could be done since with his denial they had no hard evidence that he had done anything illegal. They did find an outstanding ticket on him however, and he no longer drives near our children's schools which is no small thing in itself. We want to thank all the people who are responsible for bringing D.A.R.Eo and Officer Nutter into our Iocat school and whatever it takes to keep this program going, those in charge need to know it is well worth it! S,,~i,ncerely, Don ~/d Wendy Brown 207 East Street l,ebanon MO 65536 CC: Missouri Gov. Mel Carnahan Col. F.M. Mills, Mo. State Highway Patrol ~-~Y.A.R.E. America Ed Moses, Mo. State D.A.R.E. Coordinator City of Iowa City MEMORANDUM TO: FROM: DATE: RE: City Manager Lisa Handsaker4;~ March 14, 1997 Deer Management Committee At its March 3 Work Session, the Iowa City City Council directed staff to put forth a proposal regarding the Deer Management Committee. Recommendations are as follows: Invite the City of Coralville to participate in the Management Committee. The DNR has strongly recommended this be a joint community effort in order for any recommendations to be effective. The Committee should consist of 10-15 members including representatives from: City of Iowa City Iowa City/Coralville Animal Shelter Iowa City Police Department Project Green [past or present] Iowa City residents living in area heavily populated with deer Iowa City resident living in area not heavily populated with deer Animal Rights organization/Humane Society Resident from "fringe area" Science/Biology/Nature Iowa Wildlife Federation Individuals who have been contacted and agree to participate if asked Lisa Handsaker Misha Goodman Ron Fort Nancy Seiberling Judy Rhodes Dave Forkenbrock Patricia Farrant Jan Ashman Jim Walters Emil Rinderspacher Douglas Jones Sandy Rhodes Joe Wilkinson (DNR Info Specialist) Loren Forbes City of Coralville Coralville resident living in area heavily populated with deer Johnson County Board of Supervisors f:\users\lisah\deer\initial,doc March 14, 1997 Suggested members who were unable to be contacted: Project Green (past or present member) [Emily Rubright] Resident from "fringe area" [Jane O'Brien] Science/Biology/Nature [Richard Bovbjerg, Steve Hendrix, John Pelton] Animal Rights organization/Humane Society [Kat Moore] The Management Committee will receive assistance from: Tim Thompson (DNR Wildlife Biologist) Willy Suchy (DNR Deer Management and Wildlife Biologist) Susan Hager/Tim Dorr (DNR Conservation Officer) One member should be assigned as meetings. One member should be record/distribute minutes. Facilitator to lead and focus discussion during assigned Secretary to prepare agendas and The Committee be formed with the mission to: evaluate the current situation by reviewing available deer population figures and gathering vehicle-deer accident data and general crop/lawn/property damage figures determine if there is sufficient rationale to investigate herd thinning measures within City of Iowa City and City of Coralville boundaries based on evaluation of the current situation If rationale exists, investigate herd thinning measures compatible with an urban setting utilizing research obtained from other local areas (Black Hawk county, Cities of Cedar Rapids/Marion, Kent Park study) and other current information recommend to the City Councils of Iowa City and Coralville the best-suited herd thinning measure to be implemented and the targeted number of deer to be removed within the Iowa City/Coralville city limits. Recommendation should also be established regarding annual monitoring system of deer population. The Committee will forward recommendation to City Councils no later than August 1, 1997. f:\users\lisah\deer\initial.doc 2 March 14, 1997 City of Iowa City MEMORANDUM TO: FROM: RE: March 7, 1997 City Council City Manager Housing Assistance Maintenance Projects Bids were received by the Purchasing Division February 13, 1997 for 45 various Housing Assistance Maintenance Projects. Awarded bids were all very competitive, below budget and made to area vendors. Projects are scheduled to be completed on the 45 housing sites in Iowa City between now and June 30, 1997. Quantity @ Description Budget Award 26 Refrigerators $14,375 $12,610 18 Storm windows 6,000 2,962 I0 Garage doors 5,500 3,338 9 Siding/Painting 60,550 51,785 21 Carpet/Vinyl 37,600 14,690 1 Shamrock Concrete 15,000 7,675 I Waterproof Basement 10,000 3,500 Totals $149,025 $96,560 Vendor Slager Appliances, Iowa City Knebel Windows, Iowa City Overhead Door Co., Cedar Rapids Meyers Construction, Solon National Carpet/Randy's Carpet, Coralville Creative Improvements, Iowa City Tomlinson-Cannon, Coralville bc4.5CE. mmo City of Iowa City MEMORANDUM Date: March 12, 1997 To: City Council From: City Manager Re: Pending Development Issues An application submitted by Eby Development and Management Company for a rezoning from RS-5, Low Density Single-Family Residential, to OPDH-12, Planned Development Housing Overlay, for a 2.38 acre property located at the northeast corner of the intersection of Scott Boulevard and Lower West Branch Road to permit a 37 unit multi- family building for elderly housing. An application submitted by James P. Glasgow for a rezoning from RM-20, Medium Density Multi-Family Residential, and RS-5, Low Density Single-Family Residential, to OSA-20 and OSA-5, Sensitive Areas Overlay Zone, for 1.9 acres located at 1122-1136 N. Dubuque Street. A preliminary request submitted by Dick Hupfeld on development of a portion of Village Green adjacent to Scott Boulevard. An application submitted to Johnson County by Dean Oakes for final plat approval of Meadow View Subdivision, a 31.5 acre, 10-lot residential subdivision located on the west side of Buchmayer Bend at its intersection with Highway 1. An application submitted to Johnson County by W-Four Partners for preliminary plat approval of Williams Woods Subdivision, a 21.38 acre, four-lot residential subdivision located on the north side of Highway I West, approximately one mile wets of Sharon Center Road. bc2-6SA City of Iowa City MEMORANDUM Date: March 13, 1997 To: From: Re: City Council Broadband Telecommunications Commission Dale Helling, Assistant City Manager Cable TV Issues On March 4, 1997, Drew Shaffer and I met with representatives from TCI including Blake Watts, who is in charge of refranchising and with whom we met throughout the recent franchise renewal negotiations, John Margeson, TCI Regional Vice-President from the Des Moines office, and Arlene Heck, the newly appointed General Manager over the Cedar Rapids, iowa City and Dubuque cable systems. Bill Blough was also present. We confirmed that pay-per-view has been discontinued locally in Iowa City due to poor participa- tion and limited channel capacity. It still may be offered in the form of pay-per-event service, but only for major events as determined by the cable company. Ms. Heck advised that she intends to schedule regular office time in Iowa City and that local staff will be authorized and equipped to handle local problems, complaints, etc. We were assured that TCl intends that no diminution of services occur in any of the three operations and they hope to improve some services by virtue of this consolidation. Mr. Watts repeatedly assured us that TCI will comply with the recently completed franchise agreement. However, they are currently testing newly developed technologies which may allow for the addition of video channels in a "more cost effective way". They had no specific proposal at the meeting but indicated that one may be forthcoming if the current tests produce favorable results. It appears that such a proposal may involve digital compression technology and may afford an opportunity for increased channel capacity over the current coaxial cable system. How this would affect their plan to incorporate a fiber optics backbone into the local system is unclear. I suspect that it might include a request to either delay or modify the specifications for the required rebuild. In any event, we stressed that the City was not agreeing to any modification of the rebuild requirement or to any change in the February 1998 deadline. We were repeatedly assured that TCl's intent is to comply with the franchise. If indeed an alternative proposal is put forth by TCI, it will probably be offered sometime June 1. I will keep you advised. CC: Drew Shaffer, Cable TV Administrator Arlene Heck, TCI General Manager Irn\dh3-13.wp5 City of Iowa City MEMORANDUM Date: To: From: Re: March 13, 1997 City Council Dale Helling, Assistant City Manager Graffiti Abatement Program (GAP) /? Attached is a description of a Graffiti Abatement Program put together by the Johnson County Juvenile Court Office and the Iowa City Police Department. The City of Iowa City Parks and Recreation Department will work in cooperation with the program and Terry Trueblood has agreed to provide the necessary funding as indicated on the budget estimate which is also attached. This will enhance our graffiti removal efforts while providing an effective community service opportunity for the juvenile courts. Attachment cc: Steve Atkins R.J. Winkelhake Terry Trueblood Irn\dh3-12.wp5 Juvenile Court Office P.O. Box 1638 Iowa City, IA 52244 (319) 356-6076 Graffiti Abatement Program (GA ) Jodi Gibson Juvenile Court Officer Kelly Vander Werff Juvenile Court Specialist Dan Schaffer Youth Supervisor PROJECT TO BE FUNDED: The Juvenile Court Office is requesting donations or monetary donations from members of the Downtown Association for the purchase of supplies to be used in the Graffiti Abatement Program (GAP). GAP is a collaboration between the Jolmson County Juvenile Court Office and the Iowa City Police Department to provide a coxmnunity service alternative for youth who have been charged with crimes in the Jolmson County area. It is an attempt to divert these youngsters away from formal court involvement. GAP is staffed by a Youth Supervisor, hired by the Juvenile Court, as well as coremrarity volunteers and is operated every Saturday morning. In an effort to recounect the youth positively with their c0maunity they are involved in neighborhood clean up activities which include but are not limited to the removal of graffiti. The locations vary with requests for graffiti removal coordinated by the Juvenile Court Office as well as a representative from the Iowa City Police Department. The youth are referred exclusively from the Juvenile Court. These youth have all been charged with delinquent offenses which would amount to criminal offenses if handled in adult court. The offenses range from first and second time substance abuse offenses to criminal mischief and assault. Youth can also be referred for multiple probation violations. It is hoped that by giving these young people a swift consequence for criminal behavior that they will internalize a need to change that behavior and attitude. It is also a goal to introduce the youth to a variety of positive adult role models in an attempt to bring them back to seeing their involvement in the community in a positive light. LOCATION, FACILITY AND STAFF QUALIFICATIONS: As stated this is a project that combines community volunteers as well as donations from local business. It is our hope that this funding can provide the capital to purchase the supplies needed for various commullity clean-up and graffiti removal projects in the downtown area as well as other areas in Iowa City. The Youth Supervisor will work 10 hours per week at $9.00 per hour coordinating work sites, transporting youth and supervising work. The Youth Supervisor and any volunteer supervisors would be directly supervised by the Juvenile Court Office. GOALS, OUTCOMES AND EVALUATION: The primary goal of this program is to divert youth away from formal involvement in the Court system. The success of this program would be measured in the decrease hi the number of juveniles which reoffend and have to be moved through the formal Court system This would be tracked by statistics akeady compiled by the Sixth Judicial Juvenile Court Office. These statistics would include the numt~er or'young people involved with the program and the number of juveniles who reoffended within six months and again within one year. They would be further broken down to examine the number of juveniles who reoffended with similar level offenses rs. reoffense at higher levels of criminality. The funds would be administered through the Juvenile Court Office. The Juvenile Court Office will be providing office space to store supplies as well as administer the program. The Juvenile Court Office will provide supervision and technical assistance when needed for the GAP youth supervisors. EFFORTS TO SEEK OTHER FUNDING: It is our intention to create a truly community based program, including funding sources. Weinbrener Ford has committed van time so that transportation to the clean up sight will not be an issue. It is our intention to seek community donations as well. **See attached budget SATURDAY WORK GROUP BUDGET Gasoline ............................. $10.00/weekX20weeks=$200o00 Shovel .......................................................$17.00 Rakes ..................................... 2rakes@3.00/rake=$6.00 Large garbage bags (10 bags/box) ......... 4 boxes @ $3.00/box=$12.00 16" broom handle ..............................................$2.00 Latex paint ........................ 4 gallons @ $14.00/gallon=$56o00 Paint brushes (3" brushes) ........... 4 brushes @ $8.00/brush=$32.00 Roller handles (9") ....... ' ........... 2 handles @ $3o00/handle=$6.00 Roller heads (9" foam).. ................... 2 heads @ 3.50/head=S7.00 Sand paper (5 sheets/package) ............... 4 pkgs @ 2.00/pkg=$8000 Scrub brushes ......................... 4 brushes @ $2.00/brush=$8.00 Graffiti Remover (aerosol cans) .......... 10 cans @ $5.00/can=$50.00 Work gloves ........................... '°..4 pairs @ $1.50/pair=$6.00 Safety glasses ...........................4 pairs @'$2.00/pair=$8 Polaroid camera ..............................................$50 Polaroid instant film .... 2 rolls @ $21.00/roll(20 exposures)=$42 Water cooler (2 gallon Igloo thermos) ........................ $10 Cups (36 12 oz. paper cups/bag) ............. 3 bags @ 2.00/bag=S6 First Aid kit ................................................ $10 Screwdrivers .............. 2screwdrivers@$2.00/screwdriver..$4 Storage containers (25 gallons with handles) ................. $13 O0 O0 O0 O0 O0 O0 O0 O0 TOTALCOST FOR 20 WEEKS=S553,00 Graffiti Abatement Program Contact Record/Contract CONTACT: Jodi Gibson or Kelly Vander Werff Juvenile Court Office P.O. Box 1638 Iowa City, IA 52244 356-6076 Date of Contact: Type: Telephone Name: Address: ~.Written In Person Telephone: Property Owner: The Iowa City Graffiti Abatement Program is a program designed to remove graffiti from exterior walls and fences. This program is sponsored by the Iowa City Police · Department and the Juvenile Court Office. By signing this contract you will b6 granting permission to the graffiti abatement team to paint the exterior of your wall or fence and/or to remove graffiti from brick surfaces. This service is FREE to you, but we do encourage donations to keep this program in place. You must own the property or have legal authority to grant permission. Signature: Date: Printed Name: **If you desire a specific color of paint, we ask that you provide the paint to quarantee a match. Please check below to indicate your preference. I willprovide a matching paint ~ I approve the use of whatever paint is currently available to the group Do we have permission to remove graffiti at a later date if necessary? Yes No Location of graffiti: City of Iowa City MEMORANDUM Date: March 7, 1997 To: Mayor and City Council From: City Clerk Re: Special Council Work Session, February 19, 1997 - 7:00 p.m. at the Council Chambers Mayor Naomi J. Novick presiding. City Council present: Novick, Baker, Kubby, Lehman, Norton, Thornberry, Vanderhoef. Staff present: Atkins, Helling, Woito, Karr, Winkelhake. Tapes: 97-33, Side 2; 97-34, All; 97-35, All. PUBLIC INPUT REGARDING E. SHAW TRAGEDY Reel 97-33, Side 2 [A complete transcription is available in the City Clerk's Office] The following people appeared: Osha Gray Davidson, 14 S. Governor St.; Jim Shaw, 3118 N. Summit, Milwaukee, WI; Tom Immermann, 5608 James Ave., Kalona; Richard Twohy, P.O. Box 2233; Lori Klockau, 1031 Briar Dr.; Jean Soper Cater, 325 N. 7th Ave.; Dianne Kaufman, 738 Dearborn; Greg Thompson, 4222 Harmony Lane; Bill Kidwell; Kim Painter, 232 S. Summit; Jessica Kardon, 1029 Kirkwood Ave.; Carol deProsse, Lone Tree; Darrel Courthey, 1 Princeton Ct.; Jeffrey Martin, 1015 Barrington Rd.; John Calvin Jones, 73'1 Rundell St.; Keith Kinion, 30 Lincoln Ave. #4; Caroline Dieterie, 727 Walnut St.; Evonne Johnson, 1954 Farrel Dr., Coralville; Jay Shaw, 309 Windsor; and Shelton Stromquist, 316 Myrtle Ave. FEBRUARY 20, 1997 MEETING AGENDA DISCUSSION Reel 97-35, Side 1 Council discussed their February 20, 1997, Executive Session meeting agenda, which included personnel evaluation. Council expressed the need for future discussions relatingto police policies and procedures review and to finish answering public questions relating to the Shaw tragedy. Meeting adjourned at 10:35 p.m. clerk~cc2-19.1nf /070 City of Iowa City MEMORANDUM Date: March 17, 1997 To: Mayor and City Council From: City Clerk REVISED 3/17/97 Re: Council Work Session, February 24, 1997 - 7:30 p.m. at the Council Chambers Mayor Naomi J. Novick presiding. City Council present: Novick, Baker, Kubby, Lehman, Norton. Absent: Thornberry, Vanderhoef. Staff present: Atkins, Helling, 'Karr, Holecek, Franklin, Davidson, Schoon, Dollman, Fowler, Trueblood, Schmadeke, Brachtel. Tapes: 97-39, All; 97-40, All; 97-41, Side 1. REVIEW ZONING MATTERS Reel 97-39, Side I SETTING A PUBLIC HEARING FOR MARCH 18 ON AN ORDINANCE VACATING THE PORTION OF THE ALLEY LOCATED SOUTH OF LOT 2 OF THE A.E. STROHM ADDI- TION, GENERALLY LOCATED SOUTH OF BOWERY STREET BETWEEN GOVERNOR AND LUCAS STREETS. (Gaffev/VAC97-0001) In response to Norton, Franklin suggested that information about use of the alley be placed in the Longfellow Neighborhood Association newsletter. PUBLIC HEARING ON A RESOLUTION APPROVING A REQUEST FOR VOLUNTARY ANNEXATION OF APPROXIMATELY 140.5 ACRES LOCATED ON THE EAST SIDE OF SCOTT BOULEVARD, NORTH OF HIGHWAY 6. (Streb/ANN96-0003) Assistant City Attorney Holecek and Economic Development Coordinator Schoon provided information. PUBLIC HEARING ON AN ORDINANCE AMENDING THE ZONING CHAPTER BY CONDI- TIONALLY CHANGING THE USE REGULATIONS OF APPROXIMATELY 140.5 ACRES OF PROPERTY LOCATED ON THE EAST SIDE OF SCOTT BOULEVARD, NORTH OF HIGHWAY 6, FROM COUNTY M1, LIGHT INDUSTRIAL, TO C1-1, INTENSIVE COMMER- CIAL (38.93 ACRES), AND I-1, GENERAL INDUSTRIAL (101.57 ACRES). (Streb/REZ96- 0021 ) See Item B. ORDINANCE AMENDING THE ZONING CHAPTER BY DESIGNATING THE EAST COL- LEGE STREET HISTORIC DISTRICT, AS A HISTORIC PRESERVATION OVERLAY ZONE, FOR PROPERTY LOCATED ALONG COLLEGE STREET BETWEEN SUMMIT STREET AND MUSCATINE AVENUE. (FIRST CONSIDERATION) Council Work Session February 24, 1997 Page 5 revised 3/17/97 10. Novick noted that the Safety in Our School and Communities conference is scheduled March 20. Norton stated he may attend. 11. In response to Novick, Council Members stated they received the 4Cs (Community Child Care) correspondence. 12. Novick stated she received a copy of the house file introduced by Minnette Doderer remov- ing the preemption of tobacco sales for underage persons. 13. Kubby noted that a College Green Historic District protestor has requested a demolition permit for his property. Meeting adjourned at 11:00 p.m. cler16cc2-24.inf Council Work Session February 24, 1997 Page 4 revised 3/17/97 PLAY VEHICLES DISCUSSION (CONTINUED) Reel 97-40, Side 1 Assistant City Attorney Holecek, Transit Superintendent Dollman, and Parks and Recreation Director Trueblood resumed discussion regarding play vehicles. Majority of Council agreed to the following: · Allow bicycles in parking ramps and parking lots. · Remove the words "roller blades" from proposed regulations. · Play vehicles allowed in RS-5 and RS-8 streets and alleys. · Remove top level of Chauncey Swan exception for roller blades, et~. Staff Action: The proposed ordinance was revised in accordance with Council's requests. (Mitchell) Reel 97-40, Side 2 CHARITABLE CONTRIBUTIONS PAYROLL DEDUCTION Council deferred discussion to a future meeting. COUNCIL AGENDA/TIME 1. Reel 97-40, Side 2 In response to Kubby, City Manager Atkins and Assistant City Manager Helling commented on budget issues as outlined in Finance Director Yucuis' February 10, 1997 memorandum regarding City Council recommended budget changes. In response to Kubby, Council directed staff to proceed with option 4 as outlined in Assis- tant City Attorney Mitchell's February 19, 1997 memorandum "Ye.q.q¥s' reauest to meet with City Council." Kubby supported the memo Council received from Lisa Handsaker's and City Clerk Karr's February 20 memorandum regarding board and commission recognition. In response to Kubby, Holecek provided information relating to state code city publishing requirements. In response to Norton, City Manager Atkins stated he will follow up on the sand point water supply issue discovered during Third Avenue/Gilbert sewer construction. In response to Norton, Arkins asked Norton to provide a list of railroad track problem areas. Norton noted he attended the urban erosion conference. In response to Baker, City Manager Atkins stated the Gilbert Street/Kirkwood intersection discussion was postponed. Baker noted that he will be inquiring about blue light safety phones during Council's Tues- day formal meeting. Council Work Session February 24, 1997 Page 3 revised 3/17/97 Fowler reviewed the status of marketing and publicity strategies as outlined in the Downtown Iowa City Parking Study, page 51. The following Council recommendations were made: Not majority support for #6 to enforce parking meter terms to discourage downtown employ- ees from feeding meters. · Not majority support to meter loading zones. Majority support for better signage, employee customer service training, and promotional activities. Not majority support for free special event parking, paying for first offense tickets, or valet parking. Majority supported preparation of City of Iowa City employee transportation allowance program for further consideration. · Not majority support for car pool monthly parking permit. In response to Novick, Fowler explained that the Governor Street bus stop was moved to better accommodate wheelchairs. Kubby requested follow up. Staff Action: Davidson and Fowler will summarize Council's decisions in a memo, and begin implementation. (Davidson) PLAY VEHICLES Reel 97-40, Side I Assistant City Attorney Holecek presented information. Council requested staff look at alternative term for play vehicles. (See additional discussion after Kiwanis Parl~illow Creek Interceptor Sewer update.) KIWANIS PARK/WILLOW CREEK INTERCEPTOR UPDATE Reel 97-40, Side 2 City Manager Arkins and Public Works Director Schmadeke presented information. Council directed staff to proceed with the Kiwanis Park/Willow Creek Interceptor Sewer Project as presented. Staff Action: Staff proceeding with plans and specs. Council action anticipated in approxi- mately 90 days. (Schmadeke) In response to Council comments regarding impact of sewer project water draw down on use of sand point wells in the 3rd Avenue/Gilbert Street area, Atkins and Schmadeke. stated they will follow up. Staff Action: Staff preparing a memo. (Schmadeke) Council Work Session February 24, 1997 Page 2 revised 3/17/97 ORDINANCE AMENDING THE ZONING CHAPTER BY DESIGNATING THE COLLEGE GREEN HISTORIC DISTRICT, AS A HISTORIC PRESERVATION OVERLAY ZONE, FOR PROPERTY LOCATED GENERALLY AROUND COLLEGE GREEN PARK, ALONG E. COLLEGE STREET FROM DODGE STREET TO GOVERNOR STREET, AND ALONG S. DODGE AND S. JOHNSON STREETS BETWEEN E. COLLEGE AND BURLINGTON STREETS. (FIRST CONSIDERATION) ORDINANCE VACATING GABLE STREET, A DEVELOPED RIGHT-OF-WAY EAST OF SYCAMORE STREET, SOUTH OF LAKESIDE DRIVE. (VA096-0004) (FIRST CONSIDER- ATION) ORDINANCE AMENDING THE ZONING CHAPTER BY CHANGING THE USE REGULA- TIONS ON A 40.7 ACRE PARCEL LOCATED ON THE NORTH SIDE OF ROHRET ROAD, EAST OF HIGHWAY 218, FROM RS-5, LOW DENSITY SINGLE-FAMILY RESIDENTIAL, TO OSA-8, SENSITIVE AREAS OVERLAY/MEDIUM DENSITY SINGLE-FAMILY RESIDEN- TIAL. (Walden HilIs/REZ96-0020) (SECOND CONSIDERATION) RESOLUTION APPROVING THE PRELIMINARY PLAT OF COURT PARK SUBDIVISION, A 1.66 ACRE, SIX-LOT RESIDENTIAL SUBDIVISION LOCATED AT 2729 E. COURT STREET. (SUB97-0001) Parks and Recreation Director Trueblood and Assistant PCD Director Davidson provided information. Council deferred discussion of GilbertYKirkwood intersection to the next Council meeting. DOWNTOWN PARKING STUDY Reel 97-39, Side 2 Parking and Transit Director Fowler and Transportation Planner Davidson presented the Down- town Parking Study. Council decided the following: Increase availability of downtown parking permits as follows: Chauncey Swan Ramp-100; Dubuque Street Ramp-50. Implement a moratorium on permit holders on Chauncey Swan Ramp upgrading to Dubuque Street Ramp permits. · Change 30-minute meters to 60-minute meters in CB-10 zone. · Prepare a resolution changing 60-minute meter rates to 15 minutes for 25¢ in CB-10 zone. · No Council support for SSMID or CB-10 parking impact fees. · No Council support for residential permit parking system. City of iowa City MEMORANDUM Date: 13, 1997 To: and City Council From: City Re: Council 'k Session, February 24, 1997 - 7:3~ at the Council Chambers Mayor Naomi J. Novick Absent: Thorr Davidson, Schoon, All; 97-41, Side 1. siding. City Council present: Staff present: Trueblood, Schm~ Baker, Kubby, Lehman, Norton. ns, Helling, Karr, Holecek, Franklin, ~eke, Brachtel. Tapes: 97-39, All; 97-40, REVIEW ZONING MATTERS Reel 97-39, Side 1 SETTING A PUBLIC PORTION OF THE ALLEY TION, GENERALLY AND LUCAS STREETS. FOR MJ 18 ON AN ORDINANCE VACATING THE OF LOT 2 OF THE A.E. STROHM ADDI- OF BOWERY STREET BETWEEN GOVERNOR 97-0001 ) In response to Norton, Franklin in the Longfellow Neighborhood that information about use of the alley be placed newsletter. PUBLIC HEARING ON A ~LUTION ANNEXATION OF APPF SCOTT BOULEVARD, OF =ROVING A REQUEST FOR VOLUNTARY LOCATED ON THE EAST SIDE OF 6. (Streb/ANN96-0003} Assistant City Attorney Hol information. and Economic Coordinator Schoon provided PUBLIC HEARING ON ORDINANCE AMENDING HE ZONING CHAPTER BY CONDI- TIONALLY CHANGIN( THE USE REGULATIONS =ROX!MATELY 140.5 ACRES OF PROPERTY ON THE EAST SIDE OF OTT BOULEVARD, NORTH OF HIGHWAY 6, FROM M1, LIGHT INDUSTRIAL Cl-1, INTENSIVE COMMER- CIAL (38.93 ACRE~ AND I-1, GENERAL INDUSTRIAL )1.57 ACRES~. (Streb/REZ96- 0021) See Item B. ORDINANCE THE ZONING CHAPTER BY LEGE HISTORIC DISTRICT, AS A HISTORIC ZONE, FO PROPERTY LOCATED ALONG COLLEGE STREET MUSCATINE AVENUE. (FIRST CONSIDERATION) THE EAST COL- OVERLAY tETWEEN SUMMIT Council Work Session March 13, 1997 Page 2 OR AMENDING THE ZONING CHAPTER BY DESIGNATING THE COLLEGE GREEN HI~ )RIC DISTRICT, AS A HISTORIC PRESERVATION OVERLAY ZONE, FOR PROPERTY CATED GENERALLY AROUND COLLEGE GREEN PARK, ALONG E. COLLEGE STR" FROM DODGE STREET TO GOVERNOR STREET, AND ALONG S. DODGE AND S. OHNSON STREETS BETWEEN E. COLLEGE AND BURLINGTON STREETS. ) ORDINANCE SYCAMORE STREET, ATION) G GABLE STREET, A DEVELOPED RIGHT-OF-WAY EAST OF OF LAKESIDE DRIVE. (VA096-0004) (FIRST CONSIDER- ORDINANCE AMENDING TIONS ON A 40.7 ACRE PA EAST OF HIGHWAY 218 TO OSA-8, SENSITIVE TIAL. (Walden ZONING CHAPTER BY CF ON THE NORTH SII ~M RS-5, LOW DENSITY SINGLI DENSITY (SECOND USE REGULA- OF ROHRET ROAD, RESIDENTIAL, RESIDEN- RESOLUTION APPROVING THE A 1.66 ACRE, SIX-LOT STREET. (SUB97-0001) RELIMINARY PLAT 'IAL COURT PARK SUBDIVISION, LOCATED AT 2729 E. COURT Parks and Recreation Director Tru~ information. PCD Director Davidson provided Council deferred discussion of d intersection to the next Council meeting. DOWNTOWN PARKING STUDY Reel 97-39, Side 2 Parking and Transit Director Fowler and town Parking Study. Council decided the following: Planner Davidson presented the Down- Increase availability of Dubuque Street Ramp-5~ parking permits as lows: Chauncey Swan Ramp-100; Implement a morato~ on permit holders on Dubuque Street permits. Swan Ramp upgrading to · Change to 60-minute meters in CB-10 · Prepare a changing 60-minute meter rates to 15 in CBo10 zone. No Council for SSMID or CB-10 parking impact fees. No Cour~cil support for residential permit parking system. Council Work Session March 13, 1997 Page 3 Fowler rev City Parking Stuc status of marketing and publicity strategies as outlined in the Downtown Iowa page 51. Council decided the following: No Council ort for #6 to enforce parking meter terms to discourage downtown employ- ees from feedin No Council sup1 Council support for activities. meter loading zones. signage, employee customer No Council support for parking. special event parking, training, and promotional · Prepare City of Iowa City transportation all ation. No Council support for car pool ~nthly parkin first offense tickets, or valet program for Council consider- In response to Novick, Fowler explained accommodate wheelchairs. Kubby Staff Action: Davidson and Fowler will su begin implementation. ~n) PLAY VEHICLES Assistant City Attorney Holecek presente( term for play vehicles. (See additional discussion after Ki[ KIWANIS PARK/WILLOW CREEK City Manager Atkins and Public Director Council directed staff to with the Kiwanis as presented. Staff Action: Staff procee mately 90 In response to Council sand point wells in follow up. L, Staff Action: Staff preparing a memo. (Schmadeke) Street bus stop was moved to better up. Council's decisions in a memo, and Reel 97-40, Side 1 Council requested staff look at alternative Creek Interceptor Sewer update.) Reel 97-40, Side 2 information. Creek Interceptor Sewer Project with plans and specs. Council (Schmadeke) Iion anticipated in approxi- regarding impact of sewer project Avenue/Gilbert Street area, Atkins and draw down on use of stated they will Council Work Session March 13, 1997 Page 4 PLAY VEHICLES DISCUSSION (CONTINUED} Assist~t~t City Attorney Holecek, Transit Superintendent Dollman, and :1 resumed discussion regarding play vehicles. Council a, Allow ° Remove · Play vehicles · Remove top Staff Action: The (Mitchell) CHARITABLE Council deferred discussion to a COUNCIL AGENDA/TIME 1. to the following: and parking ramps in parking lots. "inline skates" from proposed regulations. ;herally) streets and alleys, no excepti, Chauncey Swan exception for ordinance was revised il PAYROLL :ure g Reel 97-40, Side 1 Parks and Recreation for RS-5 and RS-8 zones. blades, etc. with Council's requests. Reel 97-40, Side 2 Reel 97-40, Side 2 In response to Kubby, City on budget issues as outlined in Fin regarding City Council recommer and Assistant City Manager Helling commented Director Yucuis' February 10, 1997 memorandum ;let changes. In response to Kubby, tant City Attorney Mitchell's Citv Council." 19, to proceed with option 4 as outlined in Assis- memorandum "Ye.q.clVs' recluest to meet with Kubby supported the February 20 memoran~ Council received Lisa Handsaker's and City Clerk Karr's regarding board and mmission recognition. In response to requirements. Holecek provided information ~lating to state code city publishing In response to City Manager Atkins stated he up on the sand point water supply issue d :overed during Third Avenue/Gilbert sewer ,nstruction.. In response Norton, Atkins asked Norton to provide a list of track problem areas. Norton he attended the urban erosion conference. In resp( to Baker, City Manager Atkins stated the Gilbert Street/K , intersection discus was postponed. noted that he will be inquiring about blue light safety phones during Council's Tues- meeting. Council Work Session March 13, 1997 Page 5 10. Novick March 20. Nc the Safety in Our School and Communities conference is scheduled stated he may attend. 11. In response to Care) Council Members stated they received the 4Cs (Community Child Ice. 12. Novick stated she ing the preemption a copy of the house file introduced by Minnette Doderer remov- sales for underage persons. 13. Kubby noted that a :e Green Historic District protestor has re,quested a demolition permit for his property. ,/; / Meeting adjourned at 11:00 p.m. clerk\cc2-24,inf City of Iowa City MEMORANDUM Date: March 14, 1997 To: Mayor and City Council From: City Clerk Re: Council Work Session, March 3, 1997 - 7 p.m. at the Council Chambers Mayor Naomi J. Novick presiding. City Council present: Novick, Baker, Kubby, Lehman, Norton, Thornberry, Vanderhoef. Staff present: Atkins, Helling, Woito, Karr, Franklin, Handsaker, Trueblood, Goodman, Dilkes, O'Neil, Mitchell. Tapes: Reel 97-41, Side 2; 97-43, All; 97-44, All. REVIEW ZONING MATTERS Reel 97-41, Side 2 SETTING A PUBLIC HEARING FOR MARCH 18 ON AN ORDINANCE AMENDING TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE N, ENTITLED OFF-STREET PARKING AND LOADING," TO REMOVE THE REQUIREMENT FOR OFF-STREET PARKING SPACES FOR COMMERCIAL USES IN THE CB-5, CENTRAL BUSINESS SUPPORT ZONE, AND PLACING A MAXIMUM OF ONE PARKING SPACE PER 500 SQUARE FEET OF FLOOR AREA FOR PARKING SPACES WHICH ARE PROVIDED FOR COMMERCIAL USES. SETTING A PUBLIC HEARING FOR MARCH 18 ON AN ORDINANCE AMENDING TITLE 14, "UNIFIED DEVELOPMENT CODE" OF THE CITY CODE BY AMENDING CHAPTER 9, ARTICLE A, ENTITLED "PARKING FACILITY IMPACT FEE" TO EXCLUDE COMMER- CIAL DEVELOPMENT. PUBLIC HEARING ON A REQUEST FOR VOLUNTARY ANNEXATION OF APPROXI- MATELY 140.5 ACRES LOCATED ON THE EAST SIDE OF SCOTT BOULEVARD, NORTH OF HIGHWAY 6. (STREB/ANN96-0003) PUBLIC HEARING ON AN ORDINANCE AMENDING THE ZONING CHAPTER BY CONDI- TIONALLY CHANGING THE USE REGULATIONS OF APPROXIMATELY 140.5 ACRES OF PROPERTY LOCATED ON THE EAST SIDE OF SCOTT BOULEVARD, NORTH OF HIGHWAY 6, FROM COUNTY M1, LIGHT INDUSTRIAL, TO C1-1, INTENSIVE COMMER- CIAL (38.93 ACRES), AND-I-l, GENERAL INDUSTRIAL (101.57 ACRES). (STREB/REZ96- 0021) Franklin requested that Council continue items C. and D. until March 18. In response to Kubby, Franklin stated economic development policies will be scheduled for discussion at Council's March 17 meeting. ORDINANCE AMENDING THE ZONING CHAPTER BY DESIGNATING THE EAST COL- LEGE STREET HISTORIC DISTRICT, AS A HISTORIC PRESERVATION OVERLAY ZONE, FOR PROPERTY LOCATED ALONG COLLEGE STREET BETWEEN SUMMIT STREET AND MUSCATINE AVENUE. (SECOND CONSIDERATION) ORDINANCE AMENDING THE ZONING CHAPTER BY DESIGNATING THE COLLEGE GREEN HISTORIC DISTRICT, AS A HISTORIC PRESERVATION OVERLAY ZONE, FOR /0?3. Council Work Session March 3, 1997 Page 2 PROPERTY LOCATED GENERALLY AROUND COLLEGE GREEN PARK, ALONG E. COLLEGE STREET FROM DODGE STREET TO GOVERNOR STREET, AND ALONG S. DODGE AND S. JOHNSON STREETS BETWEEN E. COLLEGE AND BURLINGTON STREETS. (SECOND CONSIDERATION) Go ORDINANCE VACATING GABLE STREET, A DEVELOPED RIGHT-OF-WAY EAST OF SYCAMORE STREET, SOUTH OF LAKESIDE DRIVE. (VA096-0004) (SECOND CONSID- ERATION) ORDINANCE AMENDING THE ZONING CHAPTER BY CHANGING THE USE REGULA- TIONS ON A 40.7 ACRE PARCEL LOCATED ON THE NORTH SIDE OF ROHRET ROAD, EAST OF HIGHWAY 218, FROM RS-5, LOW DENSITY SINGLE-FAMILY RESIDENTIAL, TO OSA-8, SENSITIVE AREAS OVERLAY/MEDIUM DENSITY SINGLE-FAMILY RESIDEN- TIAL. (REZ96-0020) (PASS AND ADOPT) See item J. RESOLUTION APPROVING THE PRELIMINARY PLAT OF WALDEN HILLS, A 40.7 ACRE, 53-LOT RESIDENTIAL SUBDIVISION LOCATED ON THE NORTH SIDE OF ROHRET ROAD, EAST OF HIGHWAY 218. (SUB96-0028) See item J. RESOLUTION SETTING A POLICY OF THE CITY COUNCIL REGARDING CITY STREET ACCESS TO WEST HIGH SCHOOL. Council directed staff to amend the proposed resolution and insert ."may prohibit access entirely." Ko RESOLUTION APPROVING THE FINAL PLAT OF A RESUBDIVISiON OF LOT 2, WEST- PORT PLAZA, AN 11.41 ACRE, 2-LOT COMMERCIAL SUBDIVISION LOCATED SOUTH OF RUPPERT ROAD. ('SUB97-0002) GILBERT/KIRKWOOD INTERSECTION Reel 97-41, Side 2 Council directed staff to proceed as proposed. Staff Action: Vendors to be contacted regarding bids. Signation to be installed by Septem- ber. (Brachtel) DEER COUNT Reel 97-41, Side 2 City Manager Atkins; Animal Control Supv. Goodman; Tim Thompson, Iowa Department of Natural Resources; and Willy Sucky, Iowa Department of Natural Resources presented informa- tion. Council directed staff to prepare recommendations for a 15-member deer management task force, including representation from Coraiville. Staff Action: Memo regarding committee make-up in March 14 Council packet. (Handsaker) Council Work Session March 3, 1997 Page 3 MERCER PARK GYMNASIUM Reel 97-43, Side 1 Parks and Recreation Director Trueblood, Parks and Recreation Commission Chair Matt Pacha, and Parks and Recreation Foundation Representative John Beasley presented information. Majority of Council (Lehman, Vanderhoef, Norton, and Thornberry) approved of the Mercer Park Gymnasium project as presented. Staff Action: The Parks and Recreation Foundation, with assistance from staff and consul- tant, will proceed with fund raising plans to raise $350,000 in contributions from the private sector to help finance this project. Will keep City Manager and City Council informed as to progress. Staff will also begin the process to hire an architectural firm. (Trueblood) AIRPORT LAND ACQUISITION AND EASEMENT PROJECT Reel 97-43, Side 2 (Agenda item #12 and #13) Airport Man ager O'Neil, Assistant City Attorney Dilkes, and Pat Bridger and Greg (James) Bridger, representing ACSG presented information regarding the airport land acquisition and easement project. PLAY VEHICLES Reel 97-43, Side 2 City Attorney Woito and Assistant City Attorney Mitchell presented information. Council requested information regarding the height of the Chauncey Swan Parking Ramp top floor wall. Kubby requested that bicycles, wheelchairs, and baby strollers be excluded from the definition of nonmotorized vehicles. Council directed staff to change the CBD boundary for nonmotorized vehicles to south side of Jefferson Street and to send out the proposed ordinance to area schools, student senate, bike shops, libraries, and individual persons on record. Staff Action: The proposed ordinance is being revised in accordance with Council's request. Coles of the ordinance will be sent to persons and entities by City Clerk's Office. (Mitchell) CHARITABLE CONTRIBUTIONS Reel 97-44, Side 1 City Manager Atkins, City Attorney Woito, and Assistant City Attorney Mitchell presented informa- tion. Council agreed to delete #6 and place on Council agenda March 18. Staff Action: The proposed policy will be placed on the Council's formal agenda of March 18. (Mitchell) COUNCIL AGENDA/TIME Reel 97-44, Side 1 Vanderhoef requested consideration of blue light safety phones. 2. In response to Vanderhoef, Assistant City Manager Helling stated he will obtain a copy of the disabilities and accessibility guide to bars and restaurants. 3. Vanderhoef noted the City Manager's memo on the City's sales tax paid on swimming pool water and questioned sales tax on other city buildings. City Manager Atkins stated the City wants to address all situations where the City is billing itself sales tax on water use. Norton requested a dollar figure. Council Work Session March 3, 1997 Page 4 In response to Vanderhoef, Council said no parking meter changes were made to Iowa Avenue parking meters. Vanderhoef asked that the DTA look at the meter feeding issue for Iowa Avenue meters. o Thornberry referred to Arkins' FebrUary 27, 1997 memorandum regarding update on case file research. Majority of Council Members directed staff to present information upon completion of review of 1995 police department case files prior to proceeding with the 1994 case files. Norton volunteered to represent the City Council at the Safe School/Safe Communities meeting in Des Moines March 20. In response to Kubby, City Manager Atkins stated he will follow-up with Iowa City Com- munity School Superintendent Grohe regarding the school district $25,000 contribution for the West High traffic light. Norton referred to Arkins' February 28 memorandum regarding contract for delinquent parking ticket processing. Arkins said Data Tickets, Inc. has access to out-of-state informa- tion and locations. In response to Kubby, Arkins said the contract can be terminated if there are complaints about misconduct from the company. Norton referred to Helling's February 25 memorandum regarding graffiti policy and ordi- nance. Norton asked if enforcing ordinances in the event of a complaint is good policy. Helling explained he considers enforcement a joint effort; City staff will look for compliance and also respond to complaints from citizens. 10. Norton noted he received complaints regarding the library Sunday hour budget changes. 11. In response to Kubby, City Atty. Woito updatd Council on Judge Eads order to convene a Grand Jury in the death of Eric Shaw. 12. Kubby requested information on the Freedom of Information reqeust of the DCI report in the Eric Shaw case. Majority of Council agreed to wait for the response from the State on an earlier request from County Atty. Pat White. 13. (February 25 Consent Calendar) In response to Kubby, Atkins said the Clifford Waters correspondence was forwarded to the Downtown Strategy Committee. 14. (March 4 Consent Calendar) In response to Kubby, Council agreed to schedule the Stepping Up Project for informal discussion. 15. In response to Kubby, City Manager Atkins stated he will obtain additional information about the proposed prohibition of parking on both sides of the 900 block of North Gilbert Street. 16. Kubby noted Council received a request to name the new soccer fields and asked that it be made clear that the soccer fields are a public facility. The matter will be referred back to the P&R Commission. 17. (Agenda Item #14). In response to Baker, Atkins explained that the City of Hills will pay $600 and Bob Wolf will pay $1,200 for the culvert. Atkins stated he will present additional information regarding the total project cost prior to Council consideration. Council Work Session March 3, 1997 Page 5 18. Baker noted Council received February 8 correspondence from the Iowa City Area Science Center regarding the butterfly proposal. Atkins stated he will prepare information. 19. Baker noted his appreciation for the ICAD information. 20. Vanderhoef asked Council if they should request the Iowa City Homebuilders Association to review the zoning and building ordinances. Novick stated they should first review the 'Uniform Building Code issues raised by the Iowa City Homebuilders Association before proceeding further. Novick noted she invited the Iowa City Homebuilders Association to Council's April 7 meeting. 21. City Council discussed meeting schedule as follows: March 4 - (10:30 a.m.) sweeper demonstration March 12 - Green machine demonstration March March March March 5 - Library meeting cancelled 17 - Special Work Session 18 - Special Formal 19 - Joint meeting with Library Board March 15- (8:30 a.m.-12:00 p.m.) police procedures and/or PCRB April 1 - (2-5 p.m.) police procedures and/or PCRB May 12 & 13- (7 p.m.) evaluations Summer Schedule: June 2 & 3 June 16 & 17 July 14 & 15 July 28 & 29 August 25 & 26 June 30 & July 1 - cancel August 11 & 12 - cancel Meeting adjourned at 10:45 p.m. clerk~cc3-3.inf City of Iowa City MEMORANDUM DATE: TO: FROM: RE: March 13, 1997 City Council Marian K. Karr, City Clerk ~ March 15 meeting on Police Policies/Procedures/PCRB The Mayor requests that you bring your marked copy of the previously submitted questions regarding the Shaw incident to the meeting Saturday. If you recall, each of you were to review the questions and indicate ones that had not been answered. It is the Mayor's intent to go over the list of questions at Saturday's meeting. Also I have attached copies of the 23 recommendations for police procedure changes to be discussed at your Saturday meeting, RECOMMENDATIONS - POLICE PROCEDURE AND POLICY Revised 2/19/97 The I.C.P.D. should consider pursuing the development of a canine unit. In the policies and procedures associated with the canine unit the attendant rights and responsibilities of the owner and occupant versus the community interest in security associated with a building search can be weighed and considered. The use of a canine unit in these circumstances should be considered a use of force. o Wherever practical, the use of "plain English" will be used throughout the description of policies, procedures, and field training tasks. This will also include the definition of various organizational units, and other related descriptive terms. The "Rules and Regulations" will be incorporated into one document with General Orders as "Policies and Procedures." Immediately following an incident whereby a weapon used by an Iowa City police officer is discharged, resulted to injury or death of a person, the individual officer will be subject to an alcohol and drug test. Procedures for such test to be identified. In the preparation of internal affairs reports, the investigating officers must detail the conclusion they have reached and the reasoning behind that conclusion. This will include, but not be limited to, any violation of law or any violation of Department or City personnel procedure or policy. ~ All !.C.P.D. training curriculum will be located in one place, one document, and kept at a location that is convenient for public review. The use of force policy for the Iowa City Police Department will be presented in both narrative and graphic presentations by a combination of 1991 and 1995 policy statements. The policy will require a pedodic update of the training video on use of force. The requirement for police review board with respect to any incident that involves the discharge of a firearm and/or other use of force will be determined by the chief and a report filed with the office of the Chief. The department will create an internal review committee to review the use of force during the preceding month. This review will summarize any trends or other factors that might be helpful to responding to the community's safety. 10. The chief of police will prepare an annual report on the use of force, and that report will be made available to the public. 11. The City Attorney will be assigned the task of training with respect to various constitutional issues associated with the work and responsibilities of Iowa City police officers. This will include, but not be limited to, constant update on the Fourth and First amendments to the U.S. Constitution and training related thereto. 12. The policy on outside employment needs to be rewritten to conform with actual practice, since the chief of police must approve outside employment. 13. The City Attorney, as a matter of policy, will be identified in the text of the General O. rders as the reviewing agency of all general orders and all field training tasks/manual. Also all special orders and department memoranda dealing with legal matters shall first be approved by the City ^ttomey before implementation so that they be reviewed in accordance with the vadous legal interpretations at the time. 14. An annual report on training activities for the Iowa City Police Department will be prepared by the captain for administrative services. 15. A detailed distribution list for all general orders of the Iowa City Police Department will be identified to include the City Attomay. The captain of administrative services will assume the responsibility for the continual update of those books according to the list. 16. The statement of mission and department goals and objectives in the department's rules and regulations was developed as a result of the Citizens' Task Force. A yearly list of activities and objectives with respect to the work of the department will be prepared. The proposal by the Citizens' Task Force lacked reference to changing legal environments and should be amended accordingly. 2 17. As a matter of policy the City Attorney's office will be notified at the initiation of an internal affairs investigation for their advice and guidance on the preparation of the investigative report. 18. The use of the language "unfounded", "exonerated," and/or "not sustained" is not sufficient with respect to internal affairs investigations. Clear language, in keeping with the plain English policy, will be developed. 19. Internal affairs reports are to be synopsized and the use of the term "be bdef" be incorporated rather than "limit to ten lines". If policies and procedures are violated, any type of discipline that may result from an intemal affairs investigation will be articulated in detail by the chief. The prior disciplinary history of the individual involved will be included in the report. 20. In response to citizen complaints, the previous practice of the use of a form letter will be eliminated, and a specific personalized letter sent. 21. The Iowa City Police Department has incorporated into its "use of force" the policy identified as the "Quad Cities" group. It was learned that this policy is substantially modeled after certain federal (e.g., Secret Service) use of force policies. It was concluded that the International Association of Chiefs of Police "use of force" policy is more appropriate, understandable, and, in accordance with Iowa and constitutional law. It also appears to more satisfactorily address community standards. Amendments will be made accordingly. 22. The IACP "use of deadly force" statement indicates that sidearms should not be exhibited or displayed in the absence of facts which necessitate the use of deadly force. It will be incumbent upon ~he City Attomey to include this as a component of "use of force" training for our officers. 23° Incorporate into training, both field and special refresher courses, instruction/tactics for "building searches." (City Attorney recommendation 2/11/97 memorandum. ) City of Iowa City MEMORANDUM Date: March 14, 1997 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Joint Meeting with Board of Supervisors The following items have been submitted for the agenda of the joint City Council/Board of Supervisors meeting, Wednesday, April 2, from 4:00-6:00. City representation on Nutrition Committee (Novick) Woods Quality Center/(TQS)Total Quality Initiatives (Novick) SEATS (Kubby) Share the Road Program (Kubby) We have just received word that the Iowa City School Board will also be attending this meeting. So keep that in mind when submitting agenda items. Please let me know of any other agenda items ASAP. Items are due Wednesday, March 19. The meeting location will be the Plum Grove Room of the Westfield Inn, 1-80 and Hwy. 965. The meeting will be from 4:00-6:00 p.m. and dinner will follow. Please let me know how many of you plan on staying for dinner. CC: City Manager City Attorney City of Iowa City MEMORANDUM Date: March 11, 1997 To: Mayor and City Council . .~ · From: Marian K. Karr, City Clerk Lisa Handsaker, Adm. Asst. Re: Distribution of Council Packets Council packets are available after 3:00 p.m. on Fridays for pick-up by individual members. Please be aware that media often request their packets at the same time to meet publication deadlines. All packets are taken to the Police Department by 5:00 for distribution. Packets will be delivered to Council Members homes as Police personnel are available. Members may request packets be left at the Police Department for individual pick-up. All packets not distributed or picked-up by Monday morning will be returned to the City Clerk's office. Council Members who are out town may pick up their packets in the Clerk's office upon their return. It is important to keep the Clerk's office advised of your schedule to avoid confusion. With seven Council Members it is helpful to be consistent as much as possible. Your cooperation is appreciated. bc2-1MK 10'7,5' City of Iowa City MEMORANDUM Date: To: From: Re: March 6, 1997 City Manager City Council , ,/,.,' Karin Franklin, Director, P~ University of Iowa Skywalk The University is continuing to work through the design issues related to the biology building skywalk. It is likely that it will be some months before the design is ready for public discussion. Dick Gibson has assured me that when the design is ready, he will bring it before the Design Review Committee and the City Council. As we learn more, any information will be passed on to the City Council. jw/skywalk2.kf /07/ AGENDA CITY COUNCIL/LIBRARY BOARD JOINT MEETING WEDNESDAY, MARCH 19, 1997 (5:00 P.M.-7:00 P.M.) ROOM A, IOWA CITY PUBLIC LIBRARY Ao Presentation of Project Concept Consensus on Project Concept Discussion of Bond Referendum 1. Ballot question (single or multiple issue). 2. Timing of election. Discussion Potential Revenue Sources for Operating Costs Adjournment ppdadmin\counlibr,agd City of Iowa City MEMORANDUM Date: To: From: Re: March 13, 1997 City Council and Library Board Karin Franklin, Director, ' '? Parcel 64-1a Development Proposal On March 19, the architectural team of Neumann Monson and the Engberg Anderson Design Partnership will present a proposal for development of the vacant parcel next to the Holiday Inn. Their work stems from an effort of the City Council and the Library Board to move forward on a project which meets the needs of the library and the addresses the desire to add attractions to the downtown. The proposal grew out of a process that included input from the Council, the Board, and a number of focus groups related to the components suggested for this multi-purpose project. One component which has been dropped out of the project is conference space. This was deleted due to lack of space, inadequate accessibility, and lack of the necessary affiliation with an appropriately sized hotel. What remains is approximately 40,000 square feet of new library space, 26,000 square feet for a cultural center, a 25,000 square foot performance auditorium and communication center, an undetermined square footage for private development, and a 110-space subterranean parking facility. The project spans the pedestrian mall to incorporate the existing library building in the total square footage. On Wednesday afternoon, the architects will present the physical characteristics of the project. The purpose of the March 19 meeting is to: 1) reach consensus on a project concept; 2) consider a bond issue; 3) discuss the language and timing of a bond referendum; and 4) discuss the issue of operational costs. Bond Referendum The architects will present their cost estimate for the total project and the components. The cost of the private development will not be estimated. It is anticipated that the private development could occur at any time and would likely be residential uses, hotel space, or offices. Upon concurrence by the City Council and the Board to go forward with a specific concept, we will begin marketing the air rights for private development. Incurring debt for most of the public components of this project will require a bond referendum. The parking facility should be financed through revenue bonds like our ether parking facilities and does not require a vote of the public. The library, cultural space, and auditorium will require a referendum with approval by 60% of the voters. This project may be placed on a ballot as one issue, or broken down into a referendum for each component. A single referendum for the entire project should be a more understandable issue for the voters and is consistent with a focus on investing in the future of downtown. The library and the cultural center are facets of a single project that addresses multiple community needs and does not just sustain, but enhances the vitality of downtown. A single referendum allows everyone to focus on this investment before the vote and promotes a cohesive completion of the project after passage of the bond issue. Separation of the project components into individual bond issues shifts the focus of the project from a concerted effort for an enhancement to the community to an implied choice between three different projects and interests. The possible outcome of separate votes is approval of part of the project and a consequent diminishment of the effort to add significantly to what we already have in the downtown. Separate votes would, however, give a much clearer picture of the level of support from the voters for the different parts of the project. Operating Costs It is clear that expansion of services at the library and the addition of a cultural space and performance auditorium to the bundle of City services already provided will add value to the community, and will require a subsidy of the operating costs. Operating costs for the library will require a $150,000 per annum increase; the cultural space and auditorium are estimated to require approximately $200,000 per year in subsidy. There are essentially four ways these costs could be addressed: 1 ) reallocation of resources; 2) adopt a sales tax; 3) adopt a cultural facilities levy; and 4) establish a Self-Supporting Municipal Improvement District (SSMID) or a business improvement district or a combination of these measures. Reallocation of resources would involve evaluation of City services and the City organization, identifying services that could be diminished or cut and examining operations for efficiencies. Adoption of a sales tax or a cultural facilities levy would require a referendum for each with approval by a simple majority of the voters. A cultural facilities levy would address only the operations of a cultural facility (libraries are addressed separately in the Iowa Code). This levy is a property tax and may be up to 27¢ per $1,000 taxable assessed valuation. The maximum tax could generate about $432,000 annually based on a projected taxable assessed valuation in FY98 of approximately $1.6 billion. The sales tax may be broader in its application, applying to various stated functions throughout the city. A 1¢ local sales tax could generate approximately $4.4 million for Iowa City based on existing sales and existing population. A Self-Supporting Municipal Improvement District is a property tax property owners within the district petition the City Council to impose upon themselves. The revenue generated can only be used in the district with its use typically governed by a board comprised of property owners. Based on an estimated assessed value in the central business district of $90 million and a levy of $1 per $1,000 of taxable assessed valuation, the central business district could generate $90,000 annually. This amount would vary with the levy imposed; the levy is set by the property owners petitioning to establish the district. If consensus on a project concept can be reached on March 19 and a ballot issue described, the next steps include marketing the air rights (staff); adoption of a resolution of intent to have a bond referendum (Council); future meetings to resolve how the operational costs will be addressed (Council); and design and implementation of a bond referendum campaign (Friends of ICPL, CenterSpace Steering Committee, Chamber of Commerce). cc: City Manager Library Director Neumann Monson Architects Engberg Anderson Design Partnership Tom Gelman - Chamber of Commerce Library Task Force Shirley Wyrick - Chamber of Commerce CenterSpace Task Force bc2-51d,mmo Date: March 13, 1997 To: Steve Atkins From: R.J. Winkelhake Re: Meeting at West High I attended a meeting at West High on March 12, 1997, entitled "Today, Not to Tomorrow." This is was multi-media presentation that was hosted at West High School. It challenges teenagers to make positive choices in life. There were approximately 150 to 200 who attended this meeting. Refreshments were served afterwards -- pizza, cookies and drinks for the kids -- and the adults could partake as well. Dee Norton was a representative of our City Council. The Mayor of Coralville and one of their City Council people also attended. I saw no news media at the meeting. tp4-3 City of Iowa City MEMORANDUM Date: To: From: Re: March 11, 1997 Steve Atkins Chuck Schmadeke Corps of Engineers Nationwide Permits This past week we were informed that the Corps of Engineers has ceased issuing nationwide permits (401 permits) and now requires 404 permitting which is a time consuming Federal and State review. As a result of this new policy, required Federal and State review of City projects will take in excess of 12 weeks to complete. Current City projects affected by this policy change are: The Scott Boulevard Trunk Sewer and the Willow Creek Interceptor Sewer through~ Kiwanis and Willow Creek Park. Corps of Engineers permits are required for all projects involving work through wetlands and work affecting streams and rivers. City of Iowa City MEMORANDUM Date: To: March 12, 1997 Steve Atkins, City Manager From: Jim Brachtel, Sr. Engineer Re: Additional Alley Lighting in the Central Business District - Update At your direction Engineering has been investigating the possibility of placing additional street lighting in the alleys of the blocks known as Block 66, 65, 81 and 82. (These blocks are shown on the attached sketch.) BLOCK 66 MidAmerica Energy Company (MEC) at the City's direction has installed additional lighting in Block 66. Specifically two 250 watt high pressure sodium vapor flood lights were placed on the existing MEC structure at the west end of the alley. One of the flood lights was pointed to the west and one to the east. The MEC owned and operated a 250 watt high pressure sodium vapor street light that had been located in the west end of the alley. The street light has been relocated to an existing MEC structure at the east end of the alley. This alteration of street lighting has increased the light in the alley. BLOCK 65, BLOCK 81 AND BLOCK 82 The alleys of these three blocks do not have existing MEC structure. As a consequence the City will need the cooperation of abutting building owners and tenants to install additional lighting in these alleys. The Engineering staff anticipates adding additional lighting similar to the lighting found on the north side of the Iowa City Library. The work plan for this additional lighting will include contacting building owners, securing their permission and securing an electrical contractor to perform the installation. Update will follow as progress is made. tp2-3 /o80 w zs N3~n~ NVA IS NNI] ~s ~non~n~ v J iS ND±NI]3 I.-- W <~ Z U I.--t Z v (--) W n LO J w ~ j J Z ~- Ld W Z w v L) O J v [] J (/) l~l 7 I i IS qO±I~D CITY OF I0 WA CITYMEMORANDUM Date: March 6, 1997 To: Steve Atkins, City Manager From: Ron Boose, Senior Building Inspector Re: Win. Moeller property at 2254 S. Riverside Dr. We investigated the complaints contained in the anonymous letter addressed to Marion Karr and did not observe adequate evidence to warrant contacting Mr. Moeller. A new shed has been constructed but it appears to be under the size limit which would require a building permit and it is located in compliance with the zoning ordinance. There was no evidence from the exterior of anyone living in the shed or garage. We would need something besides the anonymous letter to accuse Mr. Moeller of these alleged violations. Dennis Mitchell, Dennis Gannon and I met with Mr. Moeller's attorney and engineer this past Monday to try and workout a solution to the grading problem. The case was continued from the original hearing date in January until April 2, by mutual agreement to allow time for negotiations. We all agreed that a large amount of dirt will have to be moved and a new plan approved for this project to be brought into compliance. Marion Neely (Mr. Moeller's Attorney) said that he would relate this to his client but he was unsure if Moeller would agree to bring the site into compliance. Io 'l Chamber Singers P.O. Box 2803 Iowa City, IA 52244-2803 March 6, 1997 Stepehn J. Atkins, City Manager Civic Center 410 E. Washington St. Iowa City, IA 52240 Dear Mr. Atkins. of Iowa City The purpose of this letter is to announce that the Chamber Singers of Iowa City have recently been notified that they are recipients of a $5800 grant, awarded by the Iowa Department of Cultural Affairs. These grant monies will be used to partially fund the 21st Bach Festival to be held in April, 1997. This two concert festival will begin on April 2 with presentations of Bach Cantatas and will end on April 6 with the performance of Bach's St. Matthew Passion conducted by Maestro Vance George, conductor of the San Francisco Symphony Chorus. The festival will also include a series of lectures on the choral works by Bach by the renowned Bach scholar, Alfred Mann. Both concerts will be performed in Clapp Recital Hall on the University of Iowa campus. The Chamber Singers of Iowa City is a community based choral group now celebrating its 26th year of presenting choral masterworks to Iowa City and surrounding areas Without the continued financial support by cultural grant agencies, performances of this magnitude would not be possible. We ask for your support by publicizing the concerts and promoting the continued grant funding of cultural events in Iowa. Thank you. Sincerely, Marcella Lee Toni DeRyke Co-Presidents Chamber Singers of Iowa City Date: Fri, 07 Mar 1997 22:18:41 -0600 From: h@inav.net To: Benn Dunnington <bdunning@ccad.uiowa.edu> Cc: Bob Baron.<robert-baron@uiowa.edu>, Bruce Wheaton <bwheaton@tic-po.tic.uiowa.edu>, daily-iowan@uiowaoedu, . Deb Barnard <deborah-barnard@uiowa.edu>, luna@chop.isca.uiowa.edu, richmk@dwx.com, Drew Shaffer <shaffer@blue.weeg.uiowa.edu>, Ken Duncan <AdMarket@aol.com>,. Ethan Fox <VideoGod@gnn.com>, Larry Baker'<bakerl@blue.weeg.uiowa.edu>, Karen Kubby <kkubby@blue.weegouiowa.edu>, Dee Norton <denorton@blue.weeg.uiowa.edu>, Iowa City Council <Mkarr@blue.weeg.uiowa.edu>, Steve Smith <icpc@inav.net>, Jay Stein <ljstein@inav.net>, Jeneah Arnold <arnold@grover.printing.~iowa.edu>, Jerry Full <Jfull@aol.com>, Kevin Crawley <aqualung@chop.isca.uiowa.edu>, Mark B~own <mbrown@avalon.net>, ~am Thompson <robbins.r@mcleod.net>, rustyomartin@pobox.com, icon@pobox.com Subject: Re: Anti-child bill before Iowa House Dear Ben-- I've just spent about 45 minutes reviewing the proposed bill you describe,' and comparing it to the child-abuse statutes now in effect. This is fairly easy to do, making use of the web addresses you provide. There are links within the proposed document to the original statute, and I urge others to make the same comparison° The reason' is, not being a lawyer, I found it difficult to see why so many people are so upset by the proposed changes. So far as I can tell, for instance, the.provision of information to the subjects of the assessment/investigation, is virtually the same in the current statute and the'proposed statute. Likewise, the provision for ~ealing the records is'virtually the same in both versions-- that lS, complaints of abuse which'do not result in a report by the department are closed after one year, if the department does not respond with a report within 90 days° In the new bill, a reporter who makes a frivolous report three times in a row will not receive much credibility on making a fourth report--UNLESS THE ASSESSING AGENCY DECIDES TO TAKE THE REPORT SERIOUSLY--. Seems like this permits child protection workers to ignore frivolous complainers, but only after they have established a track record of frivolous complaining. In dubious cases, of course, the child protection agency can keep assessing the reports if, in their judgement, there is some basis for them. A big difference between the proposed bill and the current statute, is that corporal punishment-- by a parent-- is not considered, on its face, evidence of child abuse. Corporal punishment is prohibited in schools and by foster parents. As a psychologist,' I don't approve 'of corporal punishment° I don't think it is effective or useful. It tends to cause the child to remember the punishment, alright, but he/she is more than likely to forget what the punishment was for. This is more true the more extreme the punishment, and.the more frequently physical punishment is used. However, I am aware. that many Iowans disagree with me about this. I am not aware that the legislature, or the people they represent, ever intended to criminalize corporal punishment-- so I think it is probably wise to distinguish between such punishment which is injurious--and therefore abusive-- and punishment which is not, and therefore not abusive. Additionally, I am aware that the child abuse laws can themselves be abused, and are far too frequently used by adults to abuse each other. This is often true, for instance, in messy and acrimonious divorce cases, where custody is at issue. I believe most therapists who work with families and couples have encountered cases where this seems to be the case. Not only is this unfair to an adult who is falsely accused of child abuse-- especially if this occurs over and over-- but I believe it can be injurious and confusing to the children involved. No one.wants to.make the world Safer for child abusers (this includes many of the abusers themselves, who are often ashamed and disturbed by their behavior). Likewise, no one wants to make the job of raising children more difficult than it is. Am I missing something here? If there are provisions in the bill which are actually dangerous to children, and which do not replicate the current statutes, would someone please show me where I have missed them? I am particularly impressed by the portion of the bill which requires that the new reporting system be tried in five sites before being extended t6 the state. Is this. false security, or some kind of a ruse? Again, would somebody please let.me know why? Thanks'for drawing this issue to my attention. I think the issues are extremely serious° I also think there has been a great deal of experience gathered in'the last decade that should lead us to be suspicious of any and all clarion calls that urge us to make snap decisions without carefully considering the consequences of legislation, no matter how well-intentioned. Sincerely, Howard Weinberg Licensed Clinical PsYchologist Be not afeard: the isle is full of noises Tempest III iii Date: Sat, 08 Mar 1997 08:53:04 +0000 From: Robbins/Thompson <robbins.r@mcleod.net> To: h@inav.net Cc: Benn Dunnington <bdunning@ccad.uiowa.edu>, Bob Baron <robert-baron@uiowa.edu>, Bruce Wheaton <bwheaton@tic-po.tic.uiowaoedu>, daily-iowan@uiowa.edu, Deb Barnard <deborah-barnard@uiowa.edu>, luna@chop.iscaouiowa.edu, richmk@dwx.com, Drew Shaffer <shaffer@blue.weeg.uiowa.edu>, Ken Duncan <AdMarket@aolocom>, Ethan Fox <VideoGod@gnn.com>~ Larry Baker <bakert@blue.weeg.uiowa.edu>, Karen Kubby <kkubby@blue.weeg.uiowaoedu>, Dee Norton <denorton@blue.weegouiowa.edu>, Iowa City Council <Mkarr@blue.weeg.uiowaoedu>, Steve Smith <icpc@inav.net>, Jay Stein <ljstein@inav.net>, Jenean Arnold <arnold@grover.printingouiowa.edu>, Jerry Full <Jfull@aol.com>, Kevin Crawley <aqualung@chop.isca.uiowa.edu>, Mark Brown <mbrown@avalon.net>, rusty.martin@pobox.com, icon@pobox.com Subject: Re: Anti-child bill before Iowa House I was interested to read Howard's response. My response will be a little less erudite, given that I have only been reading the Register's coverage of this issue in the legislature° My two cents, as a fairly experienced mandatory reporter, is that the child abuse process has just been revamped, making it harder to keep permanent records of who get's reported. The new system is already more lenient to parents accused of the more "incidental" form of child abuse. Making the criteria for mandatory reporting more lenient would seem to be counterproductive, however. Currently, there is almost no way for a social worker such as myself to substantiate emotional abuse (Howard probably could give a professional opinion, as a clinical psychologist, but mine would not be worth much in court). Physical abuse, as we all know requires a mark lasting more than 24 hours. It is certainly possible to do corporal punishment within this boundary° Sexual abuse reporting continues to be traumatic and dicey, even under the current set Upo I think the function of child abuse reporting, when it works right, is to draw a line for families~ and for parents in particular° I have never regretted a child abuse report, even when the parents were very upset° (I have regretted not reporting, however.) Parents who are reported are very upset, but generally the process serves to introduce parents to the concept that there is a line that they may cross which will institute scrutiny by society. We will be watching to see if this behavior continues; we will be offering various forms of assistance to the parents in question so that they can stay out of the sorts of interpersonal conundrums which produce incidental (or intentional.) injuries to children. Parents usually respond to this with changes in their behavior. If they do not, then it is important that the system follow through° I work with very high risk families at this time, but I have also done a great deal of community outreach, with families who are not particularly disturbed, but for whom certain situations have become untenable. One family which I reported under such situations would not have sought help without the child abuse report, which I filed on "a technicality." Incidental injury had occurred when the father pushed the daughter onto her bed after 12 hours of arguing. He was not a chronic abuser° He had "the big snap" which we parents may occasionally experience. I assisted this family in reporting themselves, followed through with brief therapy. I often see these parents at the local grocery store and all are doing wello These folks would have continued without assistance had they not been "shocked" by the child abuse report we filed. Beware of parents who are 'tvicitmized" by the system. Vicimization of parents does occur° There are huge gaping flaws in the current system° These flaws have more to do with lack of funding for less severe cases of family "dysfunction", however. We don't value families or children here in Iowa when it comes to school funding, mental health funding, prevention or outreach funding. Governor Branstad is busily handing back tax money to all of us in token amounts which could be used much more profitably to address the issues behind the current child abuse controversy. Let's work with the law as it is° Once we examine the situations behind families reported for child abuse, let's follow though with meaningful (for the families), strength based, community based services which strengthen parents to make better decisions about discipline, structure, and consequences. Let's make good mental health services available to families before they become so disturbed that we have to evaluate the trauma which has occurred in their families. Date: Thu, 13 Mar 1997 11:41:22 -0600 From: h@inav.net To: robbins.r@mcleod.net Cc: Benn Dunnington <bdunning@¢¢ad.uiowa.edu>, Bob Baron <robert-baron@uiowa.edu>, Bruce Wheaton <bwheaton@tic-po.tic.uiowa.edu>, daily-iowan@uiowa.edu, Deb Barnard <deborah-barnard@uiowa.edu>, luna@chop.iSCaouiowa.edu, richmk@dwx.com, Drew Shaffer <shaffer@blue.weeg.uiowaoedu>, Ken Duncan <AdMarket@aol.com>, Ethan Fox <VideoGod@gnn.com>, Larry Baker <bakerl@blue.weeg.uiowa.edu>, Karen Kubby <kkubby@blue.weeg.uiowa~edu>, Dee Norton <denorton@blue.weeg.uiowa.edu>, Iowa City Council <Mkarr@blue.weeg.uiowa.edu>, Steve Smith <icpc@inav.net>, Jay Stein <ljstein@inav.net>, Jenean Arnold <arnold@grover.printingouiowaoedu>, Jerry Full <Jfull@aol.com>, Kevin Crawley <aqualung@chop.isca.uiowaoedu>, Mark Brown <mbrown@avalon.net>, rusty.martin@pobox.com~ icon@poboxocom Subject: Re: Anti-child bill before Iowa House Sam, and all-- Much thanks for your thoughtful reply. I agree with you that its worse not to report than to report, but you are over respectful of me and my degree if you think my opinion is worth anything to anybody (with the possible exception of the parents and the child) on the topic of emotional abuse. I have thought a little bit about how the law might be changed in this regard, but haven't been able to come up with anything that doesn't scare the pants off of me. I also agree with you that the present law might well be better than the proposed changes, even though it isn't very good° What we really need are more resources put in to the investigation, and more to the point, to remediation that ought, but often doesn't, follow. A couple of questions still remain, however. Under the new proposed law is there anything which you have done, which you couldn't still do? As I read the law (and here I might be on shakey grounds--we need a legal opinion, I think), reports stay in this system in the same way and for the same length of time that they do under the current law. As you point out, things are being made more difficult under the current law, solely as a matter of administrative procedure. The proposed law seems more permissive in only one regard (again, as far as I was able to determine by reading through it one time): it explicitly states that corporal punishment on the part of parents is not, in and of itselfv evidence of child abuse. The one use that I know of for this is in the case of divorced or divorcing parents who think it is cute to mutually accuse each other of child abuse, as a way of influencing the courts, or harassing each other. This is a slightly different situation than the investigation of "incidental abuse" in dysfunctional, or mostly functional families that are otherwise intact° I agree with you that the latter, while initially angered and ashamed by the report, generally end by being greatful for the intervention (if any). The former clog the courts and annoy the hell out of innocent marital therapists who get caught up between them. Maybe this is not a big problem in the overall scheme of things, and doesn't deserve a new law. I'm sure it's nobody's motivation for proposing the new law. What is the motivation, then? Could it be that the climate is changing with regard to the public's sympathy, not to say tolerance, for dealing with child abuse? We know that the first reaction of almost everybody to child abuse is the infamous Reverse Picard: "Make it not so:" Does the new law represent an attempt at denial? Or is it a legislative attempt to moderate some of the hysteria that often surrounds this issue° "Hysteria" often gets perceived as a buzz word, which means go away you bleeding hearts and let me deal with my kids the way my parents did. They abused me and I turned out okay, so what's the big dealo One of the ways both victims and perpetrators deal with abuse is to rationalize and minimize, and conclude that in "my own" case, I turned out okay° But there is another meaning to "hysteria":draconian laws, poorly formulated, that result in enormous prison sentences; nationwide databases that are publicly available which identify child abusers and molesters wherever th6y live for the rest of their lives; failure to devote money and resources to prevention and treatment, under the rational that they "never" work; attempts to censor the internet and other modes of free expression under the banner of "protecting children". Certainly there are people so sick that no intervention., no matter how well designed or how well-intentioned will ever work. I believe that most families, or many families, properly educated and provided with appropriate (and not necessarily terribly expensive-- certainly less expensive than adjudication and incarceration) intervention, can benefit enormously. If we had a law that allowed us to identify those families that were really in need, and in a position to benefit, from those interventions, and allowed them to receive it, that would be better. In the mean time, I wish'we could agree that passing laws of minimal impact, or preventing their passage, serves mostly to reassure us that we are doing something, when we really aren't doing much. Well, this rambled a lot. If you got this far, thanks for your forbearance. h Be not afeard: the isle is full of noises Tempest III iii February 27, 1997 LAKE RIDGE, INC. IOWA CITY, IOWA CITY ANAGEF 'S OFFICE Mr. Chuck Schmadeke Public Works Director Civic Center Iowa City, Iowa 52240 Dear Chuck: I understand the City intends to construct the Willow Creek sanitary interceptor sewer along the south perimeter of the airport. I want to make you aware of two significant environmentally sensitive situations which may affect the project. The entire potable drinking water supply for the Lake Ridge manufactured housing project (400 homes) comes from two 60 foot deep wells. The wells are located bet~veen the highway (South Riverside Drive) and the lake and south of the Colonial Lanes bowling alley. The well water is pumped from a 40 foot deep sand and gravel layer which is connected to the lake and to a sand and gravel aquifer which probably lies under the airport site as well. A copy of the drilling logs for the Lake Ridge wells is enclosed. Any deep sewer construction through the airport site will undoubtedly require extensive dewatering. The Lake water level is the ground water table level. I am concerned about lowering the water table and impacting the well water supplies and quality during the construction period. I would like some assurance the well water levels will not be significantly lowered or contaminated by the construction. The Lake Ridge drinking water is an excellent quality undoubtedly because of the protection afforded by the geology of the area. Copies of Iowa Hygienic Laboratory test results will be provided upon request. I am very concerned about a large concrete sewer carrying untreated sewage and constructed above a 40 foot thick sand layer but within a few hundred feet of the lake and water supply. Two of the most significant environmental features of the Lake Ridge site are the pristine lake and excellent drinking water supply. It doesn't make good sense to jeopardize the only significant excellent water resource within miles of Iowa City. Would you consider all of the following: Move the new sewer as far north as possible to provide the greatest distance from the lake and water supply? b. Raise the elevation of the sewer. Co Construct the sewer of some special material which is considerably more water tight than normal concrete pipe to minimize dewatering and impact on the sand and gravel acquifer. Mr. Chuck Schmadeke Page 2 Febmary 27, 1997 Will you please keep me informed of the progress of this project? Sincerely, Robert H. Wolf cc: Johnson County Board of Supervisors & Health Department Steve Arkins & all City Council members, Iowa Department of Natural Resources City of Iowa City Airport Commission Johnson County Agricultural Association Pershell Corporation Tom H. & Karen Williams Harold John Dane Jr. John B. Jr. & Betty J. Maxey State of Iowa Barton Oakey & Carrnela Schuchert Eugene H. & Linda J. Schuchert Ace Auto Recyclers, Inc. Gordon J. & Angeline M. Russell William S. & Rita Marie Moeller Bertha Rogers Hubbard Milling Company Earl L. Riley Robert D. Bothell Barbera Sternad OLD HIGHWAY #6 EAST R. #2 - BOX 21 WILTON, IOWA 52778 (:319) 732-3721 NORTH WELL LOG LAKE RIDGE . //~. 0 - 5' 5 -10' 10 -15' 15 -20' 20 -25' 25 -30' 30 -35' 35 -40' 40 -45' 45 -50' 50 -55' 55 -58' 58 -62' gray clay gray clay gray clay gray clay sand--medium to coarse sand--medium to coarse sand--medium to coarse sand--medium %o coarse s~nd--medium %o coarse sand--medium to coarse sand--medium to coarse sand--medium %o coarse gray clay NORTH WELLRECORD 57'-8" s%eel well casing se% 41' 10'-.020 slot stainless s%eel screen telescope size st~tic~-ater level 11' test pumped .275gpm set pump.30, top of packer 43' p/ CITY MANAGER'S OFFIO£ 7 ~.m. - ) ~.m. ~ the Please RSVP by Tuesday, March 18 to 337-2119 WATER DIVISION MEMORANDUM DATE: March 10, 1997 TO: Lisa FROM: Edward Moreno RE: Press Release On Hydrant Flushing IT'S HYDRANT FLUSHING TIME Fire hydrants are installed essentially for emergency use and should have a regularly scheduled maintenance program. Hydrants are particularly vulnerable to damage and failure because they are exposed. The Iowa City Water Division checks and flushes the hydrants in the spring and in the fall to make sure they are in good working order. We will start flushing on Monday, March 17th (weather permitting). During the time we are in your area, you may notice rusty colored water. This is due to a change of water flows and should clear in a short time. The water is still potable at all times. LISA HANDSAKER CITY OF I0 WA CITY March 11, 1997 PRESS RELEASE Contact Person: Steve Jacobsen, Project Engineer NNW, Inc. 351-2166 Re: Melrose Avenue Reconstruction, Hawkins Drive to Byington Road Weather permitting, on Monday, March 17, 1997 construction Will begin on the Melrose Avenue Reconstruction Project, Phase II (Hawkins Drive to Byington Road). This project will involve the total reconstruction of the Melrose Avenue pavement along with sidewalks, storm sewer and water main between Hawkins Drive and Byington Road. During construction, Melrose Avenue will remain open to vehicular and pedestrian traffic. However, motorists are asked to use alternative routes for the duration of construction due to the occurrence of possible delays. Construction is anticipated' to be completed by September, 1997, weather permitting. The initial stage of construction will involve the installation of a sidewalk adjacent to the north side of Melrose Avenue followed by the installation of a new water main adjacent to the south side of Melrose Avenue. 410 WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356-5ooo · FAX (319) 356-S009 To: IOTA CITY CLERK Fro~: Jo Ho;art¥ 3-10-97 9:07am p, 2 of 3 Johmon Coun~ Sally Stutsman, Chairperson Joe Bolk¢om Charles D. Duffy Jonathan Jordahl Stephen P. La¢ina BOARD OF SUPERVISORS March 11, 1997 INFORMAL MEETING Agenda 1. Call to order 9:00 a.m. 2. Review of the formal m~nutes of March 6th. 3. Business from Mike Furman re: relocation of southern between Buchmayer Bend Road and Highway 1/discussion. 4. Business from the County Engineer. Roadside Vegetation Advisory Committee. equipment purchases policy. a) Discussion re: b) Discussion re: Other intersection Presentation of audit by Dave Cabill and Andy Traeger of Charles Bailey & Associates/discussion. o Business from Jim McGinley, Director for Johnson County Emergency Management re: Iowa Electric classes for Johnson County Emergency response personnel/discussion. 7. Business from Ray Scheetz re: Zahners Addition/discussion. Business from Brad Neumann, Solid Waste Management Planner for Johnson County Council of Governments re: County-wide Waste Tire Collection Program/discussion. 913 SOUTH DUBUQUE ST. P.O. BOX 1350 IOWA CITY, IOWA 52244-1350 TEL: (319) 356-6000 Agenda 3-11-97 Page 2 Business f~om Tom Miskimen, Director of Heritage Area Agency on Aging re: funding of Heritage Area Agency on Aging projects/discussion. 10. Business from the County Auditor. a) Discussion re: resolution accepting the January 2, 1997 cash counts. b) Discussion re: resolution adopting the fiscal year 1997-98-county budget. c) Discussion re: resolution appropriating amounts for the fourth quarter. of fiscal year 1997. d) Other 11. Business from the Board of Supervisors. 12. 13. a) Discussion re: agenda items for Joint Iowa City City Council and Johnson County Board of Supervisors. b) Discussion re: resignation of Nancy English on the Iowa City Riverfront and Natural Areas Commission. c) Discussion re: fireworks training offered by the county. d) Discussion re: committee for studying the combining and/or merger of duties of the Recorder' s Office. 1. Charge statement. 2. Membership of committee. 3. Other e) Discussion re: budget planning. f) Reports g) Other Discussion from the public. Recess. 7o~ IO~A CITY CLE~ ~rom~ Jo ~oga~¥ 3-12-97 2cOOpm p. 2 o~ 5 Johnson Court .~ 1~ IOWA Sally Slutsman, Chairperson Joe Bolk¢om Charles D. Duffy Jonathan Jordahl Stephen P. Laeina BOARD OF SUPERVISORS March 13, 1997 FORMAL MEETING Agenda 1. Call to order 9:00 a.m. 2. Action re: claims 3. Action re: formal minutes of March 6th 4. Action re: payroll authorizations 5. 9:00 a.m. - Public Hearing on Zoning and Platting applications a) First and Second consideration of the following Zoning applications: Application Z9701 of Hugh E. Weis, Cedar Rapids, IA, requesting rezoning of 1.99 acres from A1 Rural to RS Suburban Residential of certain property described as being in the NE 1/4 of the SW 1/4 of Section 22; Township 81 North; Range 8 West of the 5t P.M. in Johnson County, Iowa. Crhis property is located on the south side of Derby Avenue NW, approximately 1 1/2 miles south of its intersection with 140th Street NW in Monroe Twp.). 913 SOUTH DUBUQUE ST. P.O. BOX 1350 IOWA CITY, IOWA 52244-1350 TEL: (319) 356-6000 To, IOW~ CITY CLER[ F~om, Jo Houart¥ 3-12-97 ~:00pm p, 3 of 5 Agenda 3-13-97 Page 2 Application Z9702 of Joseph Lehman, Iowa City, requesting rezoning of 1.99 acres from A1 Rural to RS Suburban Residential of certain property described as being in the SE 1/4 of the SE 1/4 of Section 22; Township 79 North; Range 5 West of the 5th P.M. in Johnson County, Iowa. (This property is located on the north side of 420th Street SE, approximately 500 feet west of its intersection with White Oak Avenue SE in Scott Twp.). Application Z9704 of C. L. Corddin, Jr., North Liberty, requesting rezomg of 5.0 acres from RS Suburban Residential to A1-Rural of certain property described as being in the NE 1/4 of the NE 1/4 of Section 1; Township 80 North; Range 7 West of the 5th P.M. in Johnson County, Iowa. (This property is located on the west side of Scales Bend Road NE, approximately 1 mile north of it intersection with Highway//965 NE in Penn Twp.). b) Discussion/action re: the following Platting application: Application S9701 of Joe A. Lehman requesting preliminary and final plat approval of Joe Lehman Subdivision, a subdivision described as being located in the SE 1/4 of the SE 1/4 of Section 22; Township 79 North; Range 5 West of the 5th P.M. in Johnson County, Iowa. (This is a 14ot, 2.50 acre, residential subdivision, located on the north side of 420th Street SE, approximately 3/8 of a mile east of the 420th Street and American Legion Road intersection ha Scott Twp.). 6. Business from the Planning and Zoning Administrator a) Motion setting public heating b) Other Tot IOWA CITY CLERK From: Jo Hogarby 3-12~97 ~:00pm p. 4 of $ Agenda 3-13-97 Page 3 7. Business ~om the County Engineer a) b) c) Discussion/action re: approving Iowa Department of Transportation Secondary Roads budget. Action re: Johnson County Secondary Roads Five-Year Construction d) Business from the County Auditor Program for FY'98 -2002. Action re: equipment purchases policy. a) b) c) d) e) t) Action m: permits Action re: reports 1. Treasurer's semi-annual report 2. Clerk's February monthly report Action re: resolution accepting the January 2, 1997 cash counts. Action re: resolution adopting the fiscal year 1997-98 county budget. Action re: resolution appropriating amounts for the fourth quarter of fiscal year 1997. 9. Business from the County Attorney a) Report re: other items 10. Business from the Board of Supervisors committee for studying the combining and/or merger of a) Action re: duties of the Recorder's Office. 1. Charge statement 2. Membership of committee 3. Other b) Motion accepting Nancy English's resignation from the Iowa City Riverfront and Natural Areas Commission and authorize Chairperson to send a letter of appreciation. c) Motion to send letter of support for the county-wide Waste Tire Collection Grant. d) Other 7o~ IO~ CITY CI~ F~om~ Jo HogarS¥ 3-12-97 ~,00pm p. $ of 5 Agenda 3-13-97 Page 4 11. 2:00 p.m. - Public Hearing for Road Vacation 2-97 (All that portion of Muscatine-Johnson Road that exists from Johnson County 620th Street to the abandoned railroad right-of-way, which crosses the road approximately 1320 feet to the North, including the 42 foot long x 16 foot wide bridge across Hockey's Slough. (Lone Tree City Hall) 12. Adjourn to informal meeting a) Inquiries and reports from the public b) Reports and inquiries from the members of the Board of Supervisors c) Report from the County Attorney d) Discussion re: cleanup of Lot 17 in Zahners Addition. e) Executive Session to discuss strategy for collective bargaining with S.E.A.T.S. f) Other 13. Adjournment To~ IOWA CITY CLERK From~ Jo Ho~ark¥ 3-14-97 11:58am Johnson Cram .ty IOV~/A ~ BOARD OF SUPERVISORS Sally Slutsman, Chairperson Joe Bolkcom Charles D. Duffy Jonalhan Jordahl Stephen P. Lacina AGENDA CORRECTION JOINT INFORMAL MEETING OF-T ~I~IE JOHNSON COUNTY TOWNSHIP TRUSTEES, CLERKS, AND THE BOARD OF SUPERVISORS 2 of 2 Location: Johnson County Fair Grounds Montgomery Hall Tuesday March 18, 1997 7:00 P.M. 1. Call to order 7:00 p.m. by Chairperson, Sally Stutsman 2. h~troductions 3. JeffZacharakis-Jutz re: review of Township Trustees and Clerks duties. 4. Comments from Johnson County Attorney, J..Patrick White and Assistant Jolmson County Attorney, John Bulkley. 5. General discussion of policies, procedures, and mutual concerns. 6. Adjourn 9:00 p.m. 913 SOUTH DUBUQUE ST. P.O. BOX 1350 IOWA CITY, IOWA 52244-1350 TEL: (319) 356-6000 7o~ I0~ CITY C~K From Jo Hooark¥ 3-14-~7 10~OBam p, 2 of 2 Johnson Count' BOARD OF SUPERVISORS Sally Stutsman, Joe Bolkcom Charles D. Duffy Jonathan Jordahl Stephen P. La¢ina JOINT INFORMAL MEETING AGENDA .... JOHNSON TOWNSHIP TRUSTEES, CLERKS, AND BOARD Location: Johnson Montgomery Tuesday March 18, 19! 7:00 1. Call to order 7:00 p.m. by ChairperTt~, Sally 2. Introductions / 3. Jeff Zacharakis-Jutz re: revi; of Township Trustee,, 4. Comments from Johnson ~ounty Attomey, J. Patrick' County Assistant, John//Dttlkley. 5. General discussion/~policies, procedures, and mutual 6. Adjourn 9:0~ Clerks duties. and Johnson 913 SOUTH DUBUQUE ST. P.O. BOX 1350 IOWA CITY, IOWA 52244-1350 TEL: (319) 356-6000 FAX: (319) 356-6086 3/13/97 To: From: Re: City Council Larry Baker Budget Considerations Unfortunately, I am unable to attend the 3/19/97 meeting to discuss the Library Expansion/Cultural Center issue. But I want to convey to you my primary concern about this and other related projects and their impact on future budgets. Put simply, I do not believe we can put a library expansion project on the ballot unless we have also established how we are going to pay for its daily operation. Especially in the context of other demands, present and future, we cannot pay for such an expansion unless we have another source of revenue or unless we are willing to reduce allocations to existing services. In par%icular, we need to consider the following future items. All my figures are estimates, but I think they are close. 1) future PCRB 30,000 2) Mercer Park expansion. 75,000 3) Arts/Cultural Center .................. 150,000 4) Library Expansion. 150,000 total $405,000 I emphasize: the above figures are conservative estimates, and they cover only the probable operating expenses, not capital costs. I have not included other worthwhile budget items. For example, several of us have urged the creation of a $25,000 budget for arts and cultural events (separate from the AC building operation itself). I firmly believe we need more police officers to make the concept of community policing a reality. Thus, art events and additional police would require perhaps another 200,000 dollars. Some councilmembers have suggested that cuts in the present budget might allow us the flexibility to fund these new projects. I disagree. We can certainly cut anything we want from the budget. But I see possible nickel savings, not dollars. Of the four items listed above, two seem to have already been clearly approved: the PCRB and Mercer Park. Is it possible to trim the projected budgets for the other two? I have said in the past that I would prefer that the Library be told that we will support an expanded building but not an expanded staff. Design the new facility with staffing limits clearly established, or do not build the building. However, I don't sense a majority of the Council who agrees with me. So, implicit in our support of an expanded Library is our support for an expanded staff (much like the commitment to Mercer Park). If we support the Arts/Culture proposal, can we expect them to do it with volunteers? As for myself, I am not convinced that a $100,000 to 150,000 budget for AC is either justified or sustainable within the constraints of our current budget resources. The Library and AC are extremely worthwhile projects when considered by themselves. But, until we can clearly tell the citizens of Iowa City HOW these, and other projects, will be maintained they should not be put on the ballot. Of course, other revenue sources are possible. And that debate should be resolved soon. But, until we do, we should not lead various project supporters to believe that their energies and vLsion will inevitably be rewarded. City of iowa City, MEMORANDUM Date: To: From: Re: March 14, 1997 The Honorable Mayor Naomi J. Novick and Members of the City Council Linda Newman Woito, City Attorney _~ - Information from Professor Baldus Concerning Proposed Iowa City Police Citizen Review Board Ordinance (PCRB) At my request, Professor David Baldus has reviewed my March 13, 1997 memo to you and the proposed PCRB ordinance and has raised some interesting points for discussion, see attached. Professor Baldus expects to attend your work, session on Saturday morning, March 15, 1997. '.8ent-Oy: U OF [ COLLEGE LAW 31 93359098 03/14/97 11:08AM;J~aX #203;Page March 14, 1997 To: Linda Woito From: David Baldus Re: Your proposed police citizen's review board Thanks for sharing the proposed ordinance and supporting documents. Onc~ again you've done a vexy impres.~ve job of r~arching a complicated and centrevenal issue of public policy. In general, I think you have put tog~her a vary workable proposal, which will draw wide support in the community. I do, however, have a couple of concerns about the proposed ordinance in ~erms of(a) tha fights and powers it gives aggrieved citizens and the board, and (b) the extent that it cladtics procedural d~tails and responsibilities within the city govemmenr My principal concern is that the ordinance gives no rights to citizens (except to file a ecruplaint) who believe that they have been abused or mistreated by the police. To be sure, under the proposal, such a citizen may file a complaint with the board, bat under the proposal, it is totally discretionary with the board whether the matter will be investigated and adjudicated by the board or simply leR to the discretion of the PD. I think it is clear, at a vea~ minimum, that the eommurfity ¢xpe~ts th~ board to have the legal duty, in. _e~...._h case in wlaich a citizen files a grievance, to make a finding and recommendation as to whether there was police misconduct in the case. Cer!a..inly, the board should have complete discretion as to the amount of process that should be devoted to individual claims (e.g., a summary and quick determination on a paper record would be adequate when the case is clear), but the board should be required to pass on the merits oteach claim that an aggrieved citizens appeals to the board. My second concern is that the ordinance diminishes the status of the board by imposing on the board an ~ super-majority voting requiremere (i.e., a 5/7 vote) on key issues, i.e., whether to ta]~ a casa, b~fom or after the PC acts, and whcdmr to conduct a hearing after the PC makes a recommendation. These requirements will symbolize t.he Council's lack of confidence in the board at the outseL If the board oversteps it expected role, council can make corrections in the way the board does business, when the problem arises. Also, city council does quite well with an ordinary. majority (4/7) rule of decision~ My th/rd substantive concern is that the board's concurrent discretionary and original jurisdiction appears to give it the power to act before the PC makes a recommendation. I think it is important for the board to be able to start an investigation before the PC acts (to preserve evidence and to give the community confideru e that the boazd is on top of' the siluation), but that it would be unwise for the board to have the power to make a recommendation before the PC acts. Serlt ~y: U OF ~ COLLEGE LAW 3193359098; 03/14/97 11:08AMjJe{~alX' #203;Page 3/3 also h~,vc a couple of"clarification" concerns as follows: a. ! think the ordinance should clarify the board's "power" to require the PD to carry out any investigation that it se~ 'ks, either in the first or second stages of the process. b. For the two differant stages ofboardjurisdiction~ i.e., before and afmr th~ PC acts, I think the board should have the same powers to investigate, hold hearings etc. As drafted, the powers appear to t~ broader in the first stage tlum in the second stage, c. I think the ordinance ,should permit the board to engage legal counsel and investigators on a regal!at (altlmugh part time) basis. The sense of the draft is that when the board finds that it n~ds such assistance, it will sock to hire such people anew. The board nee, ds easy access to competent p~plo ready to move in when needed. Also, it is very important that the legal member of the board not bc expected to handle the legal issues of interpretation, in tlg same way that that responsibility should not by placed on the law trained members of the city council. d, The procedures for handling conflicts between the chief of polico and thoboard should be the same in the two stages of the process. ( contrast p. 8 with p. 1 eirsmmstance, it should be clear that, before an appeal is taken to the city manager, the PC has responded in writing to the recommondatiom of the board and the board has had an opportunity to reply to the PC. o. Page $ A. I. should read "which, :,m,,its iu~l_firn~n..t, affects public confidence...." The board should clcarly havc the power to determine thc factors which provide the basis of its jurisdiction. d. In terms of training tim board, which i~ a good idea, shouldn't you also provide training in adastantive police practices and the applicable federal and state law that regulates police behavior. IC rev IM 3/14/97 2 03-14-1997 11:29AM FROM JOHNSON COUNTY ATTORNEY TO 93565009 P.03 March 12, 1997 J. Patrick Whi~e Johnson County Attorney P.O. Box 2450' Iowa City, Iowa 52244 Re: DCI Investigative RePOrt No. 9609424 Dear Pat: This letter is in response.r. to your letter of February 18, 1997, concerning the 'Iowa Divi'a,£on of Criminal Investigation's investigative report concerning the Eric Shaw shooting. You have already released portions of the.':invest~ptive report as part of a 33 page packet of information supporting %ke analysis behind your decision not to charge.Officer Jeffrey Gillaspie. You asked the DCI to determine whether additional parts of the report should be released to the public. I have reviewed th~ report and discussed this matter with the DCI. For the reasons stated below, the DCI declines to release any additional information from the report. As you know, when the DC~ conducts an investigation, it compiles all the information collected during that investigation into an invest£gative report. The investigative report is intended to be an objective collection of the facts relevant to the investigation. The report itself makes no conclusions whether charges should be filed; it leaves that determination for the prosecutor. ~he report is intended to serve as the work product for the prosecutor to determine if charges should be filed, and if so, to proceed with the case. ~ ~ The open records statute protects DCI investigative reports from public disclosure. The open records statute generally requires government bodies to allow access to public records. Iowa Code section 22.2. However, the legislature has also deterrained that a number of categories of documents are confidential and.are not available to public examination, absent a decision of a court or the lawful custodian of the r~ecords' Iowa Code section 22.7. Peaceofficers' investigative reports are expressly confidential, 0J-14-1997 11:29AM FROM JOHNSON COUNTY ATTORNEY TO 93565009 P.04 J. Patrick White letter Page 2 except for the date, time, specific location, and immediate facts and circumstances surrounding a crime or incident. Iowa Code section 22.7(5). The DCI's report from the Shaw investigation is a peace'officers' investigative report subject to section 22.7(5). The information in the investigative report is also protected from disclosure as privileged information. Iowa Code section 622.11; Stat.~.px rel. Shanaha.n v. Iowa District Court, 356 N.W.2d 523, 527-28 (Iowa 1984). Section' ~22.11 .protects communications made to public officers from dissemination when the public interests would suffer by the'-d~sclosur~- In Shanaban, the Iowa Supreme Court stated .that the public officer privilege applies to the information d~t~in~'in & pea~e'offic~-i'nv~st~g'a~ive report. 356 N.W.2d at 528. Therefore, the information in the investigative report is not only confidential' ~om a public records request, but also may be privileged from examination in litigation. The Supreme Court found several important public policy reasons for keeping peace officer investigative reports free from public dissemination. One purpose is to encourage people to come forward and cooperate with peace officers so officers can quickly solve and deter crime. Shan~han, 356 N.W.2d at 529. Another purpose is to allow officers to privately and confidentially discuss and record their findings and theories of the case. Id. The Court further noted that investigations often contai~ unsupported theory, hearsay, andsrumor. 'Id. Disclosure of such information may cause undue and unnecessary embarrassment to individuals associated with the investigation, which would result in the elimination of valuable sources of information. I__d. at 529- ~. In the ShanahDn case, the Court ruled that the DCI was not required to release its report to a party in a civil case which concerned the same subject matter of the.criminal' investigation. In Hawk .Eye v. ~ack~9~ the Supreme Court. carved out a limited exception fo'r release of p~ace officer investigative' reports under the "unique" circumstances presented by that case. 521 N.W.2d 750, 753 (Iowa 1994). In ~ Eve, a newspaper made a public records request for a DCI investigative report in a police officer excessive force case. The record showed that the County Attorney had declined to prosecute the officer, and the statute of limitations had run so there was no possibility that criminal charges would be filed. A civil excessive force case had resulted in a damages verdict against the officer. The Court ultimately found that due to the potential conflict between the jury verdict in the civil case and the prosecutor's decision not to charge the officer, and the other public concern in the case, that the public interest in disclosure outweighed the State's interest in confidentiality. In making its decision, the COurt repeatedly stressed the "unique" facts of the case. I__d. at 753, 754. FROM JOHNSON COUNTY ATTORNEY TO 93565009 P.05 J. Patrick White letter Page 3 There were additional factors supporting disclosure of the report in ~ .Eve.. In Hawk Eve, there were no confidential informants, and it was questionable whethe~ any witnesses had invoked confidentiality. Id. at 753. There was no on-going investigation and no pending criminal charges in state or federal court. Id. There was no evidence of hearsay, rumor, or libelous information in the report. ~d. There was no means for the public to get the actual information contained in the report. ..I.d.. at 7~4. The Court relied on each of these factors in determining that the DCI must release the report. The DCI believes that this case is distinguishable from the ~'~'i.'~-'~a~'e'"'fof''~'"~u~b~r'"0f reasOnS. ~i~t~ "~hile"'~6u"h~ve' publicly stated that you will ng%.file criminal charges, Judge Eads has ordered the grand jury to convene for the purpose of considering criminal charges. The statute of limitations has not run, so a criminal case may still be commenced. Second, I understand that the United States Attorney is reviewing the case to d~termine whether a civil rights action should be filed. The possibility of a criminal or a civil rights action is the most obvious distinction from ~...~. Additionally, the public has actually received information from the report in this case, contrary to the Hawk ~ye case. You have already released reports and'interviews of {~ three officers who are the only witnesses to the shooting. 'The packet shows that Gillaspie takes full responsibility for the shooting. He does not attempt to justify the shooting by alleging that he perceived a threat. I saw no conflict in the testimony of the officers. This information clearly and concisely explains what happened at the scene. For these reasons, and other reasons that are unnecessary to discuss at this ti~e, the DCI believes that it is not required to release the ~eport. .The DCI believes that the release of information from its investigative reports iBex~iy damaging to its ability to conduct investigations because it has difficulty assuring witnesses that the information provided will remain confidential and privileged. Therefore, the DCI declines to release any further information from the report. Sincere~ Jeffrey D. Farrell Assistant Attorney General (515) 281-6658 TOTAL P. 85 !n America BOB HERBERT Killer Cop From Iowa City, Iowa, comes a case that would have sent chills up the spines of the Founding Fathers. Eric Shaw, a 31-year-old sculptor, was alone in his studio between 11:30 and midnight on Aug. 29. The weather was warm and Mr. Shaw had left the door to the studio ajar, hoping to catch a breeze. He had taken a break from work and was sitting at his desk, just a few feet from the door, talking to his best friend on the telephone. The friend was trying to console Mr. Shaw, who was unhappy over a recent breakup with his girlfriend. Mr. Shaw had no idea that while he was talking officers of the Iowa City police were gathering outside. The police would say latin: that there had been several burgl.aries in the neighborhood in which Mr. Shaw's studio was located. When they saw Mr. Shaw's door ajar, they drew cer- tain conclusions. Police Officer Jeffrey Gillaspie, a three-year veteran of the force, pulled his 40-caliber semiautomatic service revolver, pushed Mr. Shaw's door the rest of the way open, and withou[ uttering a single word, without so mudh as a nod in the direction of civil rights or civil liberties, shot Mr. Shaw in the heart. Mr. shaw screamed, and then died. Here was a man ~;ho was on his own premises, 'minding his own business, violating no law whatsoever, and sud- denly he is dead at the hands of the police. If this doesn't strike you as an incredible outrage, imagine that you and your family are quietly watching television and a cop comes into your living room and, without opening his mouth, kills one of you. No difference. Officer Gillaspie, who was 26, never offered a reasonable explanation for shooting Mr. Shaw. There was no ver, bal exchange between the two men. There was no threat to the officer. Initially Mr. Gillaspie said he thought the telephone in Mr. Shaw's hand was a gun, but he retreated from that position. Later he would say that he just flinched and fired. The Iowa City police could offer no reasonable explanation for invading the studio. Perhaps they had seen too many Dirty Harry movies, and attend- ed too few classes on civil liberties and · proper police procedures. The killing upset many of Iowa City's 60,000 residents, but it has never been properly investigated. The John- son County Prosecutor, Patrick White, should have taken the lead, but he made up his mind early on that the shooting was merely an error in judg- ment, an overreaction by Officer dJii:. laspie. Mr. White acknowledged the killing of Mr. Shaw was wrong,. he has so far refused, despite gr~'~ pressure, to open a grand jury gation of the matter. And he thwartelder: an attempt by grand jurors to launql~, an investigation on their own. : Officer Gillaspie was allowed to sign from the police force. No charge9 were brought against him. The city quickly agreed to pay Mr. Shaw's par- ents, Jay and Blossom Shaw, $1.5 mil- lion to ward off a wrongful death suit. Nevertheless, the demand for a complete investigation contifiues. Osha Gray Davidson, a writer and former member of the Iowa City Hu- man Rights Committee, is leading a group called Citizens for Justice and Accountability in the Death of Eric A sculptor is shot dead in his studio,, Shaw. The group, which has the sup- port of the Shaw family, is not asking that Mr. Gillaspie be fed to the wolves, just that a proper investiga- tion be conducted. "The public has received'only dribs and drabs of information about what happened that night," said Mr. David- son. "What we are saying is let a grand jury investigate. If the grand jury chooses not to indict, we would be satisfied." The concerns faced by Iowa City residents upset by the shooting are the same as those faced in communities across the country when improper po- lice behavior occurs. If no serious action is taken, if no one is held ac- countable, then the belief grows in the minds of residents and, more impor- tant, in the minds of police officers that a badge and a gun confer upon the police the freedom to behave irrespon- sibly, wantonly, even murderously. Two weeks ago a District Court judge in Johnson County ordered that a grand jury be convened to inyesti- gate Mr. Shaw's death. Judge William R. Eads declared that "it is in the interest of the public that a disinter- ested body" examine the case. The next move is up to Mr. White. He has previously said that even if a grand jury recommended that action be taken against .Mr. Gillaspie, he would not prosecute. [] 3-14-97 Dear Chief Winkelhake Officer Cathy Ockenfels Officer Joel Myers Please let me introduce myself. School. My name is Andy Allen. University in Davenport, Iowa. I am a 1996 graduate of Regina High I am now a freshman at St. Ambrose I was fortunate to be in the first D.A.R.E. class which Regina Elementary piloted for the iowa City Police Department. My experiences with that class were very positive at that time of my life. However, I am now 19 years old and "on my own". I honestly believe that the D.A.R.E. class experiences may be more important at this time of my life. Alcohol is very prominent in every teenagers life, no matter where one goes to school or where one works. The "drug scene" has not been apart of my life; however, th..e misuse of alcohol is. Without going into great detail, the D.A.R.E. Program has helped me deal with that both in and out of my family. Experiencing the Program has made me more patient with those who need my understanding and has made me more adamant in the fact that alcohol use will not become a part of my college life. When I was home for Spring Break, the D.A.R.E. Program came up in a conversation. My parents informed me that the Program funding was in jeopardy. I feel strongly that the youth of today can definitely benefit from such a program as D.A.R.E. As an adult, I really feel that the Program's benefits far out weigh its cost. Thank you very much for your concern. Sincerely, City of Iowa City MEMORANDUM Date: To: From: Re: March 13, 1997 City Council City Manager Monthly Use of Force Report Attached are the months of January and February use of force reports prepared by the Police Department. The information is rather straight forward and explains the circumstances under which our officers utilized force in the fulfillment of a request for service/complaint and/or other incident requiring their presence. These monthly reports are reviewed internally in order to determine the level of force utilized, whether it was appropriate for the circumstances, and to serve as a means by which to critique officer performance. These will be compiled into an annual report. cc: R.J. Winkelhake Im\sa3-13.wp5 Iowa City Police Use of Force Report MONTH OF JANUARY, 1997 Officer 36 48/2O 46/26 48/28 50 35 33 20 32 50 20 Case Number Date 700026 01-01 Incident Arrest 700035 House check 01-01 700099 Med Assist 01-04 700079 Miss Juv 01-03 700336 OWl 01-15 700337 Burglary 01-15 700337 Burglary 01-15 700499 Intoxication 01-20 700381 Disorderly 01-17 House 700469 Intoxication 01-20 700691 Domestic 01-26 Force Used Subject struck officer in the face, resisted while handcuffing, officers directed him to ground by grabbing wrist and neck. Owner request, sidearms drawn Violent patient, cuffed and strapped to backboard Runaway fought with officers, was taken to the ground Subject attempted to knee officer in groin was then handcuffed, after refusing to get in car was physically put in Sidearm drawn after footchase Sidearm drawn after footchase Subject ran and when caught resisted being cuffed. Pressure point and arm bar used to get cuffs on Wrist flex used to escort subject to car Subject taken to ground after footchase Subject charged officer with fists closed. Baton drawn but not used Iowa City Police Use of Force Report Officer 87 7/23 20/48 94 48/26 12/2 20 38/54 33/32 12 39 39/35 MONTH OF FEBRUARY, 1997 Case Number/ Date 700973 02-04 Incident Committal Force Used Subject refused to go to UIETC He had to be restrained by grabbing arm and placing against wall. At hospital he had to be held down until being strapped to gurney 7O1042 02-06 Assault Subject refused to be handcuffed. When in car slipped out of cuffs and she was then taken to ground and re-cuffed. 701050 02-07 Assault Subject attempted to flee and was restrained by grabbing an arm 701075 02-07 Pub Intox Subject had to be restrained while searching his pockets. 701145 02-10 Burglary Responded to an alarm and found door open. Sidearms drawn during search. No arrest. 701166 02-10 OWI Post arrest subject resisted officer and assaulted him_ He was physical directed into squad. 701244 02-12 Med Assist Report of subject with knife. Officers drew sidearms. No arrest 701262 02-14 Burglary Searched house after an alarm Sidearms drawn. No arrest 701263 02-14 Disorderly Conduct Subject's arms were grabbed to stop him from fighting 70 [263 02-14 Fight Grabbed 2 subjects to separate them and verbally directed them to ground. 701300 02-15 Fight After separating 2 subjects, one ran away and had to be taken to ground where he continued to resist officers. Iowa City Police Use of Force Report Officer 35 85/8/13 54 35 47/2 54/26 48 33 98/22/32 12/33 47 MONTH OF FEBRUARY, 1997 Case Number Date 701302 02-15 Incident Fight Force Used Subject resisted being hand- cuffed. Wrist flex used to escort him to the car. 701317 02-15 Assault Subject refused to walk and had to be carded to squad. Resisted officers and was held against squad 701326 02-15 Pub lntox Subject elbowed officer and was held against elevator wall 701339 02-16 Pub Intox Subject hands were physically placed behind back. 701340 02-16 Fight Subject ran after fight broke up by officers. Sweater was grabbed in an attempt to gain control. Later caught by other officers. 701356 02-16 Pub Intox Subject passively resisted while cuffs were being put on and then refused to get into squad. 701468 2-20 Arrest Warrant While serving a warrant officers received info that person maybe armed. Sidearms were drawn. 7O1481 2-21 Fight Subject ran after officers arrived at fight. He was caught and gooseneck come along applied until cuffed. 701482 2-21 Assault Subject refused to be cuffed and was taken to the ground. 701508 2-22 Pub lntox While cuffs were being placed on subject he spun around and stepped towards officers. Wrist lock was applied. 701533 Possess Alcohol Under Age Subject grabbed officer and resisted while cuffs were applied. Wristlock applied Iowa City Police Use of Force Report MONTH OF FEBRUARY, 1997 Officer 49/47 35/54 Case Number/ Date Incident Force Used 701616 Domestic 02-25 Assault 701683 Public 2-28 Intox Subject pulled away from officers during cuffing and was taken to ground. Wrist flex applied. Subject refused to walk to squad Wrist flex applied and escorted to squad.. To: IOWA CITY CLERK From, Jo Ho~art¥ 3-17-97 9,17am p. ~ of 4 Johnson County IIOWA ~ Sally Stutsman, Chairperson Joe Bolkcom Charles D. Duffy Jonathan Jordahl Stephen P. Lacina BOARD OF SUPERVISORS March 18, 1997 FORMAL MEETING "'~genda 1. Call to order following the informal meeting 2. Action re: claims 3. Action re: formal minutes of March 13th 4. Action re: payroll authorizations 5. Business from the Planning and Zoning Administrator a) Final consideration of application Z9701 of Hugh E. Weis. b) Final consideration of application Z9702 of Joseph Lehman. c) Final consideration of application Z9704 of C. L. Conklin, Jr. d) First and Second consideration re: amending the legal description of Ordinance 10-13-87-Z3 of application Z8717 for Tom Cannon. e) Other 913 SOUTH DUBUQUE ST. P.O. BOX1350 IOWACITY, IOWA 52244-1350 TEL: (319) 356-6000 FAX: (319) 356-6086 To: IOWA CITY CLERK From: Jo Hoqart¥ 3-17-97 9:17am p, 3 of 4 Agenda 3-18-97 Page 2 6. Business from the Assistant Planning and Zoning Administrator a) Discussion/action re: the following Platting application: b) c) 1. Application S9701 of Joe A. Lehman requesting preliminary and £mal plat approval of Joe Lehman Subdivision, a subdivision described as being located in the SE 1/4 of the SE 1/4 of Section 22; Township 79 North; Range 5 West of the 5th P.M. in Johnson County, Iowa. (This-is. a 1-lot, Z50 acre, residential subdivision, located on the north side of 420th Street SE, approximately 3/8 of a mile east of the 420th Street and American Legign,. Road intersection in Scott'T'~). ' Motion setting public hearing for a Conditional Use Permit CU9702 of C.L. Coddin, Jr. Other 7. Business from the County Auditor a) Action re: permits b) Action re: reports c) Other Business from the County Attorney a) Report re: other items - Business from the Board of Sup.~ervisors a) Motion',to send letter to the Board of Directors for the Grant Wood Area Chapter of the American R~d Cross '~on'gratulating them for ;their 80th year anniversary. b) Discussion/action re: Proclamation for National Infant Immunization Week for April 20-26, 1997. c) Action re: FY '98 Mental:Health/Mental Retardation/Developmental Disabilities Plan. d) Motion setting pubic hearing for FY '97 budget amendment requests on April 10, 1997 at 9:30 a.m. e) Other To: IOWA CITY CLERK From: Jo Ho~ark¥ 3-17-97 9~17am p, 4 of 4 Agenda 3-18-97 Page 3 10. Adjourn to int~rmal meeting a) Inquiries and reports from the public b) Reports and inquiries from the members of the Board of Supervisors c) Report from the County Attorney d) Other 11. Adjournment JOINT INFORMAL MEETING OF"THE JOHNSON COUNTY TO'~"NsI-HP TRUSTEES, CLERKS, AND THE BOARD OF SUPERVISORS Location: Johnson County Fair Grounds Montgomery Hall March 18, 1997 7:00 P.M. To: IOWA CITY CLERK From: Jo Hogarty 3-17-97 8:43am p, R of 3 Johnson Court .ty .... L. iO.~A.~ Sally Sm$~ma~ Chairperson Joe Bolkcom Charles D. Duffy Jonathan Jordahl Stephen P. Lacina BOARD OF SUPERVISORS March 18, 1997 INFOR'-MAL MEETING ' '3~genda 1. Call to order 9:00 a.m. 2. Review of the formal ~ninutes of March 13th 3. Business from Mary Kathryn Wallace re: Senior Center update. discussion Business from the County Auditor a) Discussion re: FY '97 budget amendment requests. b) Other 5. Business from Dr. Craig Mosher, Director of Mental Health/Developmental Disabilities Department re: FY '98 Mental Health/Mental Retardation/Developmental Disabilities Plan. discussion 6. Business fro~ the Board of Supervisors a) b) c) d) e) Report/discussion re: possible lease for Juvenile Probation Office. Discussion re: S.E.A.T.S. negotiation. Discussion re: job description for Cotmty Soil Conservation position. Reports Other 913 SOUTH DUBUQUE ST. P.O. BOX 1350 IOWA CITY, IOWA 52244-1350 TEL: (319) 356-6000 FAX: (319) 356-6086 To: IOWA CITY CLERK From: Jo Ho~art¥ 3-17-97 8,43am p, 3 of 3 Agenda 3-18-97 Page 2 7. Recess to formal meeting. 8. Reconvene informal meeting. 9. 2:00 p.m. - Department Head Meeting a) Discussion of the following: 1) Presentation from Irdm Sanders of AFLAC re: benefits program b) Items for discussion from Graham Dameron 1) Results of strategic planning 2) Study ofmid-manag$ni'ent compensation 3) Other c) Discussion re: computer needs WhatAYhen meeting. d) Reports/updates from Department Heads e) Other f) Adjoum 10. Discussion from the public 11. Recess supplemental All uniforms shall be replaced by the City as needed upon the determination of the Chief of Police. In order to receive replacements, the items to be replaced. must be surrendered to the designated supervisor. This clothing shall be ordered within seven (7) days of receipt by.the designated supervisor. ,ARTICLE XX!11 DUTY OUTSIDE THE CITY Section 1. In the event the City directs any officer to perform duties outside the corporate limits of the City of Iowa City, such officer shall receive every benefit, right, and privilege to which he/she would have been entitled had said duties been performed within the corporate limits of Iowa City, Iowa. In addition, an officer shall be entitled to such benefits, rights, and privileges if engaged in "hot pursuit" of an offender outside the corporate limits of Iowa City, Iowa. ARTICLE XXIV SUPPLEMENTAL EMPL 0 YMENT Section 1. Officers shall be permitted to augment their income~by other employmen, t provided that said other employment does not conflict with the duty hours of the officer or with the satisfactory or impartial performance of duties as a police officer for the City of Iowa City. Section 2. The officer agrees to notify the City in advance of the name, address, and telephone number of any employers, and if the supplemental employment is related to or along, the lines of police work, to notify the Cit~ of the work schedule, compensation, and specific duties in addition to the above information. ARTICLE XXV POSITION CLASSIFICATION Section 1. For salary purposes, there shall be no distinction between patrol officers, detectives, juvenile officers, or other positions not having civil service certification. Section 2. In the event that any officer is designated in a higher job classification on a temporary basis for more than one complete duty day, said officer shall receive his/her own pay plus an additional sixty cents ($.60) per hour during such temporary assignment. ARTICLE XXV! GRIEVANCE PROCEDURE Section 1. Definition - General Rules ao The word "grievance" wherever used in this Agreement shall mean any difference between the City and the Union or any officer with regard to the City of Iowa City MEMORANDUM Date: To: From: Re: March 17, 1997 City Council City Manager Potential Well Cross-Connections in Iowa City Ed Moreno, Water Superintendent, has been investigating the potential of cross-connections between wells and the public water system in the city. We have been able to obtain some preliminary information through a database query of the City's billing system. However, we will need to perform field investigative work to verify this information. Our priority focus will be as follows: 2. 3. 4. Potential commercial properties with sand point wells. Potential commercial properties with deep wells. Potential residential properties with sand point wells. Potential residential properties with deep wells. Our investigation will include verification of the existence of the wells, inspection of potential cross-connections with the City water system, and remediation of cross-connections such as backflow devices. We will also survey properties in the City that may not be connected to City water but are within close proximity to an existing water main. It is my understanding that the sand point recently discovered at the veterinarian office on Gilbert Street along the new sewer line route will be discontinued as soon as an excavation contractor can hook them up to the City water system. bcl-5SA City of iowa City MEMORANDUM DATE: TO: FROM: RE: March 17, 1997 Steve Atkins, City Manager Maurice I. Head, Community Development Coordinator Concerns about Heartland Candleworks As you requested, I have prepared a brief background memo concerning Heartland Candleworks. This background memo highlights some of the issues and concerns regarding Heartland's CDBG proposal. The Housing and Community Development Commission (HCDC) is recommending that Heartland Candleworks receive a $72,000 low interest loan in the FY98 CDBG and HOME program year. This CDBG loan is contingent upon Heartland accepting a performance audit and meeting all audit requirements prior to the release of CDBG funds. Staff is in the process of identifying an accounting firm to perform this audit. We hope to have the audit report available in June for the HCDC. In the event Heartland is unable to meet the audit test or take corrective actions, the CDBG funds would be reprogrammed for a future project. Recently, staff members have received phone calls and other inquiries regarding Heartland's financial condition. We have no information verifying the financial condition of Heartland. However, we felt it was necessary to make Council aware of the need for an independent financial audit for this business. Staff would like to work with Heartland and provide reasonable technical assistance to see the business become successful. We are recommending that the City review the audit findings before making a final decision of approving or disapproving the Heartland proposal for CDBG funding. Date: Sun, 16 Mar 1997 20:54:29 +0000 From: Robbins/Thompson <robbins.r@mcleod.net> To: h@inav.net Cc: Benn Dunnington <bdunning@ccad.uiowa.edu>, Bob Baron <robert-baron@uiowa.edu>, Bruce Wheaton <bwheaton@tic-po.tic.uiowa.edu>, daily-iowan@uiowa.edu, Deb Barnard <deborah-barnard@uiowa0edu>, luna@chop.isca.uiowa.edu, richmk@dwx.com, Drew Shaffer <shaffer@blue.weeg.uiowa.edu>, Ken Duncan <AdMarket@aol.com>, Ethan Fox <VideoGod@gnnocom>, Larry Baker <bakerl@blue.weegouiowa.edu>, Karen Kubby <kkubby@blue.weeg.uiowa.edu>, Dee Norton <denorton@blue.weeg.uiowa.edu>, Iowa city Council <Mkarr@blue.weeg.uiowa.edu>, Steve smith <icpc@inav.net>, Jay Stein <ljstein@inav.net>, Jenean Arnold <arnold@grover.printing.uiowa.edu>, Jerry Full <Jfull@aol.com>, Kevin Crawley <aqualung@chop.isca.uiowa.edu>, Mark Brown <mbrown@avalon.net>, rusty.martin@pobox.com, icon@pobox.com Subject: Re: Anti-child bill before Iowa House Dear Howard, et al, We need to be able to provide adequate services to people when they need them. We need funding for substance abuse treatment for children and parents who need it. We need adequate "case management" of mental health care by somebody besides bean counters who equate schizoprenia with an apendectomy: "schizophrenia should take 28 days of inpatient treatment per year; an appendectomy takes 72 hours. . ." You and I both know that the only people who can really afford good care are the rich. The middle class recieve a pretty good standard up to 28 days or so. The poor get the Salvation Army, a long wait, many hoops, and whichever therapist somebody assigns them to. Pot luck. Cheerfully yours, Sam Thompson.