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Home My WebLink About1997-04-08 Info Packet(1)CITY OF I0 WA CITY CITY COUNCIL INFORMATION PACKET March 21, 1997 IP1 IP2 IP3 IP4 IP5 IP6 IP7 IP8 IP9 IP10 IPll IP12 IP13 IP14 IP15 IP16 IP17 IP18 IP19 IP20 Memorandum from City Manager: Spring Toxic Waste Cleanup Day Memorandum from City Manager: Employee Art Letter from City Manager to Richard Houston: Butterfly Garden Memorandum from Assistant City Manager: Stepping Up Project Memorandum from Assistant City Attorney Mitchell: Summary Grids of Current and Proposed Regulations Regarding Non-Motorized Vehicles Memorandum from Finance Director: Corrected List of Sewer Projects Memorandum from City Clerk: Notice of Non-Motorized Vehicle Public Hearing Memorandum from City Clerk: Retention of City Council Actions Memorandum from Solid Waste Management Planner: County-Wide Waste Tire Collection Program Letter from Sally Stutsman (JC Board of Supervisors) to City Manager: SEATS Letter from Kenneth Boyd (State Department of Economic Development) to Mayor: Community Economic Betterment Account (CEBA) - City of Iowa City/National Computer Systems, Inc, Memorandum from Housing Inspection Services Director to City Manager: 200 Scoff Court Midtown Restaurant Memorandum from Fire Chief to City Manager: Governor's Annual Volunteer Recognition Ceremony Memorandum from Public Works Director to City Manager: Meeting with Ty'n Cae J~/o,~ Neighborhood Association Memorandum from Water Superintendent to Public Works Director: Toast to the Tap Contest Letter from Public Works Director to Bob Wolf: Willow Creek Interceptor Sewer Letter from John Sehl to Police Sgt. Sid Jackson: Ride-Along ICAD President's Report Wellness Committee Newsletter Article: Minneapolis City Council Oks Resolution on 'Living Wage' [Norton] March 21,1997 Information Packet (continued) 2 IP21 IP22 IP23 Invitation: Steve Schornhorst Good-Bye Inivitation: ICAD Breakfast Press Release: Transportation Improvement Program City of Iowa City Multi-Use Project Feasibility Report (Parcel 64-1A) from Neumann Monson & Edgberg Anderson Design Partners. City of Iowa City MEMORANDUM Date: March 19, 1997 To: City Council From:City Manager Re: Spring Toxic Waste Cleanup Day The City Council will soon be asked for approval to proceed with a spring Toxic Waste Cleanup Day. The cleanup day has been tentatively scheduled for June 7, 1997. The event will be held at the Iowa City Transit Building on South Biverside Drive and will run from 8:30 a.m. to 2:30 p.m. Approximately 600 appointments will be accepted for the event, with all users of the Iowa City Landfill eligible to participate. Appointments will be taken the week before the event. A phone number will be advertised two to three weeks before the event. No DNR grant money will be used. The hazardous waste fee at the landfill will cover the estimated cost of $70,000-$100,000. This year we will pay City maintenance workers to staff the event rather than solicit volunteers. The reason for using City maintenance workers is due to the difficulty in finding enough volunteers. It has grown more difficult each time. The City maintenance workers are trained to use the necessary equipment and vehicles, and they can be scheduled before and after the event for set up and cleanup. The Iowa City Fire Department and the Johnson County Hazardous Materials Team will be invited to be on hand. The contractor to handle the collected material has not been chosen at this time. CO: tp4-1 Chuck Schmadeke Dave Elias Gerry Kaefring Jeff Davidson City of Iowa City MEMORANDUM DATE: March 20, 1997 TO: City Council FROM: City Manager RE: Employee Art In the Civic Center Lobby, behind the Information Desk, is the most recent piece of purchased art by the Employee Art Fund. I think you'll agree the Peter Max - Iowa 150 Sesquicentennial Poster adds a great deal of color to the Lobby Area. The Employee Art is funded from the Civic Center employee break room vending machine. March 20, 1997 Richard F. Houston 1429 Franklin St. Iowa City, IA 52240 CITY OF I0 I/VA CITY Dear Mr. Houston: The Mayor and City Council ask that I respond to your March 13 letter in which you comment on the "butterfly garden" planned for downtown by the Iowa City Science Center. This project has received the approval of the City Council following a review by the City's design review committee and City departments. The project will bring to our community, by way of sponsorship by the Iowa City Science Center, scientific and nature related programs hopefully to be enjoyed by all our citizens. In your letter you indicate that you did not feel it was appropriate for a commercial area such as downtown. The recent reptile display and the dinosaur display were held at Old Capitol Mall and proved to be quite successful in attracting people to downtown as well as serving as an educational opportunity. You indicate that you feel "you will probably raise parking rates in downtown". The Science Center project is as indicated, privately sponsored, and has no relationship to parking rates. You further state that "supporters say the project will be paid for by admissions". The agreement between the City and the Science Center is that the City will not be providing any financial assistance to this project and the Science Center plans to charge an admission in order to cover the costs of their sponsorship of the exhibit. Downtown merchants and other related downtown groups have indicated their support to the City Council for this project.. Thank you for taking the time to write. I hope you and your family or friends will enjoy the exhibit. I have included photos in order to give you a better idea of the project. Sincerely, Ste%~e ins~ ' City Manager cc: City Council Im\sa3-18.doc 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356-$000 · FAX (319) 356-5009 , City of Iowa City MEMORANDUM Date: To: From: Re: March 21, 1997 City Council Dale Helling, Assistant City Manager Stepping Up Project On Monday, March 10, I attended a Technical Assistant Workshop in conjunction with the Step- ping Up Project. The workshop was held in Chicago and included representatives from all the par- ticipating universities and communities including the University of Colorado-Boulder, the University of Delaware in Newark, Lehigh University in Bethlehem, Pennsylvania, the University of Vermont in Burlington, the University of Wisconsin-Madison, and the University of Iowa, as well as various representatives from the project sponsors, the Robert Wood Johnson Foundation and the Ameri- can Medical Association. Our local contingency included Dean Phillip Jones, Associate Provost and Dean of Students; Julie Phye, Project Coordinator; Pat E. Ketcham; University Coordinator of Health; Allison Miller, Stu- dent Government President; Juanita Limas, student member of the Student Health Advisory Committee; and myself. The agenda for the workshop provided for the examination of current and potential campus and community policies for addressing the binge drinking problem, and presentations in both areas were offered by Alex Wagenaar, Professor of Epidemiology, University of Minnesota, who is a consultant to the project. There were also small group discussions of various subtopics including alcohol permitting for campus events, alcohol-free policies and age policies for fraternities, sorori- ties, and other campus organizations, on-campus advertising (including campus newspapers), al- cohol pricing specials and discounts in bars, dram shop and other responsibilities of alcohol pro- viders, and local zoning issues including controls of the density of alcohol outlets in specific areas. The workshop was very informative and the level of commitment on the part of the universities and the communities involved seems very high. At the same time, I believe that there are realistic expectations regarding what can be achieved and of the time it will take to elicit meaningful changes in student attitudes and values regarding the use of alcohol. I was particularly impressed with the commitment and participation on the part of the student representatives attending. This project is generally regarded as a first step toward addressing a long-standing problem of alcohol misuse with the ultimate goal of positively affecting drinking attitudes and behaviors. While there are a variety of control or influence mechanisms available to the universities and to local communities, these are really regarded more as the initial efforts we might take. Directing student interests away from binge drinking and other alcohol-centered activities, providing alternatives, and causing modifications of personal values and social norms is the long-range goal for signifi- cantly reducing the dangerous and sometimes deadly practices associated with the misuse of al- cohol. I strongly recommend that the City remain actively involved in this program and I am more than willing to participate on behalf of local government. As the program takes shape in Iowa City, some of you may be asked to be more directly involved. I suspect that the City Council as a body Stepping Up Project March 21, 1997 Page 2 will have an opportunity in the future to consider certain ordinances and/or local policy changes consistent with the goals of the project as well. I have attached an article by Professor Wagenaar and his colleagues which addresses one as- pect of the problem, namely underage use of alcohol. Also attached is an outline by Professor Wagenaar of various aspects of the campus environment he has identified as significant influ- ences on student drinking behavior. I think you will find them both interesting. Please let me know if you have any questions or observations you would like to share. Attachments cc: Julie Phye, Project Coordinator Steve Atkins, City Manager jw/ddnking.dh/doc Where and How Adolescents Obtain Alcoholic Beverages ALEXANDER C. WAGENAAR, PhD JOHN R. FINNEGAN, PhD MARK WOLFSON, PhD PAMELA S. ANSTINE, MA CAROLYN L. WILLIAMS, PhD CHERYL L. PERRY, PhD All the au[hors are with the Division of Ep~dem~ology, Um~ersity of Minnesota School of Public Health, .Minneapolis. Dr. Wagenaar is Associate ProFessor, Dr. Finnegan ~s Assistant Professor. Dr. ~,'olfson is Assistant Professor, .Ms: .a, nsunc ~s Ev.',[uatmn Coordinator, Dr. Williams is Associate Professor. and Dr. Perry ~s Professor. This stud.',' was funded in part by grants i R01 .~A8596 and 1 R01 AA914-"' from the National Institute on Alcohol Abuse and Alcoholism. Tearshee~ requests to Dr. Wagenaar, 1300 South Second Street. Su~[e 300. Minneapolis, MN 55454-1015; tel. 612-624-83'0. Synopsis .................................... Patterns of acquisition of alcoholic beverages by underage youth were studied, using focus group methods with a sample of midwestern youth. Re- suits showed that the alcohol initially used by those in their early teens is obtained from parents' stocks or from older siblings and friends. By the mid- teens. parties at which alcohol (usually beer) is readily available become the major source. In the mid to late teens, young people purchase alcohol from commercial alcohol outlets, despite the fact that 21 is the legal age for purchasing alcohol. Factors reported to increase the rate of successful alcohol purchases include female buyer, male seller, young seller, and convenience store outlet. Results of focus group interviews revealed the easy accessibility of alcoholic beverages to underage youth. Further investigation into patterns of under- age access to alcohol is recommended, with results from the focus group study guiding the design of probability sample studies to assess their generalicability. MOST YOUNG PEOPLE in the United States con- sume beverage alcohol, and the prevalence of use increases rapidly with age. Approximately 6 percent of 10-- and l l-year-olds are current (within the last 30-days) users of alcohol; the rate increases to about 25 percent at ages 12-14, and to 55 percent at ages 15-17 (1). Among high school seniors, 92 percent report consuming alcohol at some point in their lives, and 64 percent report being current drinkers (2). Moreover, 35 percent report becoming intoxicated regularly (5 or more drinks per occa- sion). Junior and senior high school-age youths drink an estimated 31.2 million gallons of wine coolers annually (35 percent of all wine coolers sold) and 1.1 billion cans of beer annually (2 percent of all beer sold) (31. As a result of high rates of drinking. young people experience a great many heatth and social problems associated with alcohol. Motor vehicle crashes are the leading cause of death for teenagers (.,t). with one-third to one-half of the fatal accidents involving alcohol (5). Other leading causes of death and long-term disability for youth, such as suicides, homicides, assaults, drownings, and recreational injuries, involve alcohol in substantial proportion (6). Although exact quantification of the health burden of underage alcohol consumption is diffi- cult, underage alcohol use results in substantial premature deaths, disability, preventable hospital- izations, fiscal costs, and human suffering. There are indications that those who drink at a younger age are at higher risk of (later) addiction to, or problems with, alcohol (7,8). Delaying the age of initiation into regular drinking may, there- fore, have beneficial effects in reducing rates of addiction to alcohol. it is not only age at first drink that may be important. Recent research has shown that age of first easy access to alcohol is related to later rates of drinking. O'Malley and Wagenaar (9) found that legal access to alcohol early (at age 18) was associated with higher rates of drinking later (at ages 2[-25). Youths who did not have easy legal access to alcohol until age 21 (as a result of external policy changes raising the legal age) not July-August 1993. VoL I08, NO. 4 459 only rcdu.,:.:d t;~clr drinking during the l,g-2o p,.:. nod, but exhibited Iov, er rates of drinking dur~n.~ the 21-25-year-old period, after they had attained legal age. in short, in addition to.the "age of initiation effect," there may be a further "age of legal initiation effect." The implication for preven- tion efforts is that even if ../~r$! use of alcohol remains at an early age, preventing the emergence of a pattern of re~zular drinking during the teenage years may have further beneficial effects during adulthood, in addition to the teenage injuries and other problems that may be averted. The importance of the accessibility of alcohol is shown by results of a large number of studies on the effects of lowering and subsequently raising the legal age for purchasing and consuming alcohol. Followup studies show that youth access remains high, with little enforcement of the drinking age. Drinking rates and alcohol-involved problems (par- ticularly traffic crashes) among 18-20-year-olds showed increases after the legal age was towered in 29 States in the early 19"0s (10). Policy changes in the late 1970s and early to mid-1980s returned the legal age to 21 in all States, resulting in signifi- cantly reduced alcohol use by youngsters and lower traffic crash rates (11-14). Recent long-term fol- lowup studies confirm the effect of raising the legal age in reducing youth alcohol consumption and reducing automobile crash rates (9).. While raising the legal age did not eliminate the availability of alcohol to teenagers (15), legal age laws have had significant beneficial effects, despite low levels of enforcement in most areas. Both Hingson (15) and Witliams and Lillis (16) found that it was more difficult to acquire alcohol after the age Limit was raised; nevertheless, most young people reported that alcohol remained accessible, sometimes through alternate channels. Harding and others (17), using focus group methods with young adolescents, found that even I 1-15-year-olds report easy access to alcohol. U.nderage youth in most areas can easily locate an establishment that will sell or serve them alcohol. McKnight (18) found sales refused to underage youth in only one-third of 100 establishments tested at eight sites around the United States. The Insurance Institute for Highway Safety in a recent study (19) found that 97 of a sample of 100 alcohol outlets in Washing- ton, DC, sold alcohol to 17- and 18-year-olds. Finally, in Minnesota successful alcohol purchases were made in 47 percent of 336 attempts by young women who were judged by pands to appear to be ages 17 or 18 (20). Because of continued high rates of alcohol use Public 14e~l~h Relx~-ta understaqd better the ,,~.a.,.~, mv. htch young people acquire alcohol. Actual purchase attempts testing the propensity of commercial alcohol outlets to sell alcohol to young buyers make it clear that such outlets are one important source. Vqe know little, however, about factors inl'luencing the success rate of purchase attempts, the strategies and tactics used by youngsters to purchase altohot. other sources of alcohol, perceptions o~' .~outh concerning alcohol acquisition, and individual and social group charac- teristics related to young people's access to alcohol. Methods Given the paucity of information on the pro- cesses young people use to acquire alcoholic bever- ages, we selected a focus group approach to identify those processes. A focus group consists of representatives of potential audiences who undergo a structured qualitative interview process to eticit information and reaction from them that may be useful in the planning and design of programs, policies, campaigns, and interventions (21). Focus groups are also useful in guiding the development of instruments for experimental and quasi- experimental evaluations of new policies and pro- grams. As a formative and process evaluation technique, the tool was further developed in commercial marketing to improve product appeal. More re- cently, focus groups have been used extensively in social marketing settings, especially in public health (22-243. In these settings, the purpose is not only to improve the appeal of specific programs or interventions, but to elicit information about be- havioral processes that may be useful in developing interventions in the first place. Focus group inter- views are best conducted using trained questioners, with a schedule developed in advance. Group members are recruited from specific areas of inter- est, with no more than 7-10 people in each focus group who are paid for their participation (2I). We recruited university undergraduates ages 18 and 19 from 15 small communities (populations 457 to 21,1c~3) in the Upper Midwest for participa- tion in discussion sessions on youth drinking, Participants from rural communities were recruited because of high rates of youth drinking in such communities and because ,ae are conducting multi- ple intervention trials to address youth alcohol use in such communities. Legal drinking age for all participants .was 21. In all, 17 people participated, 7 males and I0 females. Average age was 18.7 years old. Group members were paid $20 each for their participation. To encourage full discussion and give all members ample opportunity to contrib- ute, they were divided into two groups of 9 and 8 that met separately. Each group included both 18- and 19-year-olds and both males and females. Two university investigators led each focus group session; all discussion was taped and subsequently analyzed. Sessions lasted approximately 2 hours and were held after normal working hours in a comfortable private conference room. Confidential- it>' of the participants was preserved. Questions asked of the participants fell into six areas related to alcohol access: (a) sources of alcohol, (/~) buyer characteristics and behaviors, (c) sales clerk characteristics, (d) alcohol outlet charac- teristics, (e) timing of alcohol purchases, and 0O the process of alcohol purchase. Sample questions used to initiate discussions are shown in the box. Discussions focused on drinking and alcohol access practices from initiation into alcohol use, typically in the earl>' teens, to the present, with most attention on the high school years. Results .',,lost participants reported initiating drinking in their junior high school years, that is, ages 12-15. The alcohol for initial drinking was occasionally acquired from parents' supply in the home (with or without permission) bur more frequently from older siblings and friends, typically at parties. Some parents supplied alcohol to their underage children in exchange for agreements to consume the alcohol in their own home, rather than frequenting parties elsewhere or visiting bars and taverns. Parents were most likely to supply alcohol for "special occasions," such as graduation parties. Parties emerged as the major source of alcohol during the high school years. The large majority of the attendees at such parties were underage, most ages 15-19. In rural areas, such parties were frequently held out of doors in locations like gravel pits, vacant fields, and woods. Frequently, alcohol was openly available to high school age youths at parties; older adolescents and young adults typi- cally obtained the alcohol for the party. Rarely was there perceived to be any age moni- toring at such parries; as a result, younger attend- ees had easy access. Younger attendees (ages 14-16) were, in fact, wetcomed at these parties by the older attendees (ages [7-19). Older adolescents v, ould "break in" younger adolescents by encour- aging them to become very intoxicated. Older attendees reportedly deemed it "really cool" to get younger ones intoxicated. Some participants re- ported violence at such parties, including fist fights and similar altercations, as well as unintended sexual intercourse or date rape (although partici- pants did not define it as rape at the time it occurred). Drinking on these occasions appears to be the result of its easy availability, not the end of a premeditated effort to find alcohol. The low cost of alcohol was another important dimension of party drinking. Participants noted the very low per-drink cost of beer in kegs. In some communities, adolescent entrepreneurs would pur- chase kegs of beer, print and distribute (usually at school) flyers announcing the location and time of a party, and either charge a nominal fee by the glass, or a single price for admission to the party. Younger attendees were charged more than older attendees because they were willing to pay more. Resulting profits were reportedly divided among those assisting with acquiring the kegs and organiz- ing the party. Despite significant profits to the organizers, "you could get drunk for very little money" (52-$3, for example). In addition to parties as occasions for drinking, group members reported frequent drinki~.g on "road trips," described as "when you get a couple cases of beer, get a bunch of guys and girls in a car and drive around and drink. Usually the driver won't drink as fast as the others until they reach a party and then the driver catches up by 'slamming' beers." Group members were asked about characteristics and behaviors that increased youngsters' success in purchasing alcohol from a commercial outlet. They reported that young women could purchase alcohol more easily than young men. In attempting to make a purchase, group members said they would carry automobile keys into the store with them ("lets them know you can drive") and no other accoutrements. In particular, they would not carry a wallet, driver's license, or other identification in with them, If they were asked for age identifica- tion, buyers said that they either had lost their wallet, left it at home, or left it in the car. Subjects reported that the>' could usually talk their way out of it when carded; the key was remaining calm and insisting on the purchase. Some suggested acting offended when asked l'or identification. On the issue of false identification. most subjects said they did not have one because the5' did not want tq risk being caught with it. In addition, most had little difficulty purchasing alcohol without false identifi- cation. July-August 1993, Vol. 108, NO. 4. 481 Sample Questions Used to Stimulate Focus Group Discussions Sources of alcohol Did you attempt to purchase alcohol when you first started drinking? Where do you usually obtain alcohol? Did you start by getting alcohol at home? Did you ask strangers to buy for you? When you wanted to go and drink or purchase alcohol, did you stay in your community or go elsewhere? Is there a certmn age ol' cashier that you look I'or'? Is it better or worse to have the cashier know you personally? Alcohol outlet characteristics What types of places are easiest for purchase of alcohol? How do you know what outlets will sell to you? What are the right conditions? Buyer characteristics and behaviors At what age did you first drink? At what age did you first try to obtain alcohol? How often do kids drink at this age? What sort of clothing did you wear when attempting to buy? Do you go in alone when buying? Do you make an effort to hide the vehicle and your friends? Do you buy particular things? Do you buy small or large quantities? Do you carry anything with you into the store? Do you have a fake ID? What happens if you are carded? Is it easier for men or women to attempt to buy alcohol? Sales clerk characteristics Are there certain types of cashiers you go to to attempt a buy? Is it better to try from a male or female clerk? Timing of alcohol purchases How often did you attempt to buy alcohol? Was there drinking at school activities (football games, dances)? Is it easier to buy on the weekend or on a week day? Is there a particular time of day when it is easier or more difficult to buy? Process of alcohol purchase If you have success buying in one place do you return to that establishment? Where do you go to drink the alcohol purchased? How often did you ride with a drinking driver? Do you know people who got in trouble with the law because of alcohol? Why do you drink beer from kegs? Why do kids drink? What do you think should be the legal drinking age? Would you ever buy for somebody younger than you? Behaviors that facilitated alcohol purchases in- cluded looking older by dressing up. Some focus group members disagreed, however, saying the key was to look casual and confident. Buyers entered a store alone, with friends waiting in the car. Some attempt was made to ensure that several young friends who might be in the car were not visible to the seller; nevertheless, driving to the establishment was key in a successful purchase (rather than walking up to the store without a. vehicle). Group members reported that seeking a specific product by name made no difference in being able to purchase alcohol. They would "buy whatever you want, generally beer or wine coolers." They re- ported that the quantity purchased did not affect a successful purchase but noted that "large amounts are best--then yuu don't have to worry about running out or buying the next week." Several questions focused on characteristics of clerks in alcohol outlets affecting successful put- 462 Public chases. Group members reported seeking clerks who appeared busy or inexperienced. Male clerks were reported much more likely to sell alcohol, particularly to young women. Furthermore, focus gi'oup participants reported that younger clerks were more likely to sell alcohol to underage youth. Finally, they noted that it is generally easiest to purchase fro'm a clerk who does not know the buyer personally, unless the clerk is close to the buyefts age, in which case personall>' knowing the clerk increased the ease of purchase. This pattern held for initial buys. After initial successful pur- chases, focus group members said they would then frequent the same establishment, becoming a "reg- ular." The result of seeking an outlet where clerks are not known personally meant that these group members, from s'mall midwestern towns, typically purchased alcohol in surrounding communities, not their community of residence. Focus group participants reported greater ease in purchasing alcohol at some types of outlets than others. There was consensus that convenience stores are the easiest places to purchase alcohol. Specific bars known to sell to minors were rated second. A successful purchase is more likely at outlets that are either very busy or very quiet. A short list of easy alcohol outlets is common knov, i- edge among high school-aged youth. This informa- tion is rapidly disseminated by word of mouth. In addition to the known outlets, however, group members reported often assessing an outlet for the correct conditions and then "giving it a shot." Group members reported purchasing alcohol "pretty much every weekend." There xYere differ- ences of opinion on whether purchase success was easier on the weekends or during the week. Some members said weekends were easier because outlets were busier. Others suggested mid-week purchases were easier because it was quiet, and merchants were more anxiously seeking business. Differences of opinion also existed regarding the best time of. day for purchases. Some group members reported better success at bars and taverns during the evening rush hour; others reported that age scru- tiny is more intense during the evening rush hours, and that entering a bar just before the evening rush was more successful. Finally, participants were asked if they would ever buy alcohol for someone younger. Most re- sponded that they would. Their rationale was that it would be just returning a favor, since others had helped them acquire alcohol when they we.re younger. Discussion Our focus group interviews provided consider- able information about the process by which under- age youth acquire alcohol. Although not statisti- cally representative of a clearly defined population, group participants were selected to represent typical teenage drinkers living in small midwestern commu- nities. Information gained from the focus group inter- views should form the basis for further explora- tions of youngsters' access to alcohol at a .',oung age, focusing especially on the role of parents, parties, older friends, convenience stores, and bars. Surveys of alcohol use by young people should include detailed questions concerning the process of alcohol acquisition, characteristics of buyers and sellers, prices and their role in heavy drinking among youth, and ways to impede youngsters' access to alcohol. Surveys of attempts to purchase alcohol are necessary to determine empirically the factors that contribute to the success rate, Finally, intervention studies are needed on ways to reduce young people's access to alcohol. The detailed qualitative information obtained from the focus groups is guiding the design of more structured questionnaires and purchase at- tempt protocols. There is alv, ays the risk that small focus groups may not be statistically representative of broader populations of interest. As a result, we treat these focus group results as tentative until they are confirmed with larger samples and uni- form specified data collection protocols. We have initiated a series of alcohol purchase attempt studies in which young trained research staff members attempt to purchase alcohol follow- ing carefully specified protocols. Results from the first wave of attempts at all liquor stores in 15 rural communities in Minnesota confirmed the role of commercial outlets reported by the focus groups. On 47 percent of the occasions, beer was sold in liquor stores to buyers ~ ho clearly appeared to be under age (20). Additional purchase surveys are in progress at a wider range of outlets (including convenience stores and bars and taverns) in 21 midwestern cities. The role of noncommercial sources of alcohol (parents, siblings, friends, parties) has been con- firmeal thus far with samples of students used for pilot studies of new instruments and data collection procedures (25). For example, 88 percent of males and 83 percent of females in a sample of 560 eighth graders report that it is easy or moderately easy to sneak alcohol from their home. Ninety-two percent of males and 93 percent of females reported that it was easy or moderately easy to obtain alcohol at parties. Studies with much larger samples and refined instrumentation are in progress. The focus group results also point to important issues for the development of prevention programs. For example, older youths providing alcohol to young adolescents is valued as an appropriate thing to do. Thus, relationships between older teenagers and younger adolescents not only provide a source for alcohol but also represent an important route of social learning, modeling, and transfer of cul- tural norms. The socially shared meaning of sup- plying alcohol to minors is that it is an appropriate act of courtesy. Changing that social definition might be one objective of alcohol health education efforts. , , The focus group study in this report is one of several larger research programs on youth ~lrinking. In progress are July-~,uqusl '993 Vol ~08 NO 4 463 · a randomized community trial using school-based programs, family involvement. and community support to delay initiation into alcohol use by sixth to eighth graders; ,, a four.State study of administrative and criminal enforcement practices by State alcoholic beverage control administrators and local law enforcement personnel; · school-based surveys of youth drinking; · purchase attempt studies of sellers' propensity to provide alcohol to youth; · surveys of alcohol outlet owners and managers regarding their views on youth drinking; · analyses of data on a variety of alcohol-related problems among youth; and ,' a randomized trial of community mobilization interventions designed to change community insti- tutional structures and practices surrounding the accessibility of alcohol to youth. The literature on youth drinking is extensive. Relatively little attention has been focused to date, however, on the role of alcohol's availability in early initiation into drinking and on the pattern of drinking throughout the teenage years. The role o£ community institutions, policies, and practices that facilitate the easy accessibility of' alcoholic bever- ages to youth under the legal age for drinking appears a particularly fruitful avenue for continued attention by both researchers and those concerned about the personal and societal costs associated with alcohol use. References .................................. 1. Do'foos, J. G.: Adolescents at risk: pre,,alence and pre- vention. Oxford University Press, New York. 1990. 2. Johnston, L. D., O'Malley, P, M., and Bachman, J. G.: Drug use, drinking and smoking: national survey results from high school, college, and young adult populations. National Institute on Drug Abuse, Rockville, MD, 1989, $. Kusserow, R. P.: Youth and alcohol: a national survey. Office of the Inspector General, Department of Health and Human Services, Washington, DC, 1991. 4. Baker, S, P., O'Neill, B., Ginsburg, M. G., and Li, G.: The injury. fact book. Ed. 2. Oxford University Press, New York, 1992. Alcohol and highway safety 1989: a review of the state of kr '~wledge. National Highway Traffic Safety Administra- t;c ~, Washington, DC, 1990. 6. Seventh special report to the U.S. Congress on alcohol and health. National Institute on Alcohol Abuse and Alcohol- ism, Rockville, MD, 1990. 7. Robins, L.: Sturdy childhood predictors of adult anti- social behavior: replicadons from longitudinal studies. Psychol Med 8:611-622 (1978). 8. Gonzalez, G. M.: Early onset of drinking as a predictor of al~iohol ,:on~ul:tplhm and .~Jcohol.r¢l,lled problem~ in col- lege. J Dru~ Educ 19' 225-230(1989). O'Malles, and ~'agenaar. A. C.: The el'fecl~ of minimum drinking age la~, on alcohol u~e, rela~ed behar:ors and traffic ,'rash insolsc~e~l among American youth 1976-19g". J S~ud Alcohol 52:478-391 Wagchant. & C.. Alcohol, young dr~et% and accident, e(fe, · of minimum age la~s. D.C. Heath, II. Wagchant. A. C.: Preventing highway crashes by raising the lega: mm~mum age for drinking. J Safe Re~ 17: 101-1~ (1986}. 12. Wagchant. A. C., and Maybee, R. G.: The legal minimum drinking age m Texas: effects of increase from I$ to 19. J Safe Res 17:165-l'8 (1986}. 13.' DuMouchel, W., Williams, A.F., and Zador. P.L.: Ralsm~ the alcohol purchase age. J Leg Stud 16: 249-2~ ~ 1987). George. W. H.. Crowe, L. C., Abwender, D., and Skin- ner. J. B.: Effects of raising the drinking age {c 21 in Ne~ York state on self.reported consumption ~y college students. J Appl S~ Psychol 19:623-6~5 (1989). /3. Hingson. R. W. et al.: Impact of legislation raising the legal drinking age in Massachusetts from 18 to 20. Am J Public Health "3:163-170 16. Williams, T.P., and Lillis, R. P.: Changes in alcohol consumption by 18.year-olds following an increase in New York ~tate's purchase age to 19. J Stud Alcohol 47: 2~2~ (1986). 17. Harding, W.M., Apsler, R., and Walsh, W.A.: De- termine feasible and acceptable age-2l suppo~ progr~s. National Highway Traffic Safety Administration, Washing- ton. ~, In press. 18. McKnigh[. J. A.: Inte~'ention with alcohol-impaired driv. ers by ~rs. parents and purveyors of alcohol. Health Educ Res 5:225-236 19. Preusser, D. F., and Williams, A. F.: Sales o( alcohol underage purchasers in three New York counties and W~hington, DC. Insurance Institute for Highway Safety, Washington, DC, 1~l. 20. Forster, J. L.. Wagenaar, A. C., Per~, C. L., ~nd An- stine, P.S.: Alcohol availability [o underage youth: rates of off-sale liquor licensec ~ales [o minors. Paper presented at the l l~h Annual Meeting of the American Public Heahh Ass~iafion, Adama, GA, Nov. 10-14, I~1. 21. Krueger, R,: F~us groups: a practical guide ~or applied research. Sage Publications, Newbu~ Park, CA, 1988. Brown, J., et ~l.: Development of a pre-nataJ weight gain intervention progr~ using social marketing meth~s. ~utr Educ 22: 6, November-December 1~. Po~ter. J. D,, et al.: The cancer and diet inte~en[ion project: a community-based intervention to reduce nutrition.related risk or cancer. Heahh Educ Res 5:489-503 (1~). 24. Trenkner, L., and Achterberg, C.: Use of focus groups in evaluating nutrition education materials. J Am D~et Assoc. In press. 25. Wagchant, A. C., et al.: Effects of a saliva test pipeline procedure on adolescent self-reported alcohol use. Br Addict 88:1~-208 (1~3). ~ Publ~ Heath Repo,'to Preventing Campus Alcohol Problems: The Environmental Approach Alexander C. Wagenaar, Ph.D. University of Minnesota Why Change Environment? · Magnitude of the problem · Turnover in risk groups · Affect all risk groups · Individual-oriented efforts have little success Weg~a~t, I~ Integrated Theory of Drinking Behavior Level Role of Policy in Affecting Drinking Behavior DHnktng !111iJ'( "Good laws make it easier to do right, and harder to do wrong." -Gladstone Campus Policies · Alcoholbanned on campus? · Number of citations Issued? · Alcohol sold/served on campus? - When'/ - FIc ultyMt~ff r, Jlea o rl alcohol? · Compulsory sewer training I~)licy for all servers? · All.sewers age 21 Or over? · Regular system of compliance checks lot servers? Campus Policies ? Kegs banned? · Restrictions on parlies? · System to check for underage drinkers? · System to idenli~y suppliers o! alcohol? · Procedures to pmvenl those already Intoxlcaled from consuming more? · Personnel and $ allocated to alcohol enforcement? · Number el cilations issued? Alcohol Price Issues · What is the price per drink el lowest cost alcohol by location: - Fralemib/pan',/ - Local off-sale outlets - Local on-sale outlets · IS free alcohol available? · Is the marginal cost of next drink free? · Are there pricing specials that specifically encourage binge drinking? Dorm Policies · Number and percent ol don'ns that are alcohol free? · Realfictions on alcohol in dotres? - Doom rooms · Enlorcement? Fraternity/Sorority Policies · Any alcohol-free houses? · Alcohol-tree rushes? · Restrictions on parties? · Qualib/of system to check for underage? · No self-service? o All alcohol served from central monitored bar? · System to count and limit number of drinks served to each person? · Alcohol paid through dues? Advertising Policies · Is alcohol adve~lising allowed on campus? · Are alcohol ads allowed in the school paper? · Ads on campus bullelin boards? Sponsorship Policies · Am campus events penmiMed to be sponsored by alcohol producers? · What percent of campus events rlmve such sponsorship? · Is the propoMlon limited? · Is a company name allowed to be edveMIsed? · Is the company name part of the evenl name? · Is the amount of visibility limited? · How many person-exposures of alcohol advertising is a result o! such sponsorship? · Where do sponsorship $ go? · Product distribution (t-shirts, hats, elc), · Sponsorship in athletics? Institutional Policies: Sport Stadiums · Ban alcohol advertisements · Resldct sales and consumption to specific areas · Limit sales to low-alcohol products · Stop alcohol sales before end of event o Prohibit individuals from bdnging in own alcohol Area Surrounding Campus Area Surrounding Campus · Number, size and content o! billboards? · Number, size and content ol window advertising in nearby establishments? · Images of women, intoxication, high-risk situations? · Number, size and type ol outlets surrounding campus? · Number and proportion og successlul aMempls of sales to underaged? · Number and proportion of oullels doing sever training? · Proportion o! outlets wilh comprehensive responsible beverage service policies? · Secret shoppers/momloring in outlets? · Compliance checks by police? · Home deliveries? · Keg registration? Issues for Action · Organize students as activists, not program recipients · Use data collected to expose marketing ol alcohol · Show how students are a target of marketing · Identify alternatives to industry $ · Administrators and faculty must be models City of Iowa City MEMORANDUM To.' From: The Honorable Mayor Naomi J. Novick and Members of the City Council Dennis J. Mitchell, Assistant City Attorney ~ Date: March 19, 1997 Be: Summary Grids of Current and Proposed Regulations Regarding Non-Motorized Vehicles Pursuant to your request, attached please find summary grids which show the proposed non- motorized vehicle regulations and the current "toy vehicle" regulations. These summary grids will be attached to the information sent to schools, bicycles shops, and other interested persons about the proposed noramotorized vehicle regulations. If you have any questions, please feel free to give me a call at 356-5030. CC: Linda Newman Woito, City Attorney Stephen Arkins, City Manager Marian Karr, City Clerk Dale Helling, Assistant City Manager Bill Dollman, Parking & Transit Captain Patrick Harney, Police Terry Trueblood, Parks & Recreation Jeff Davidson, Planning & Community Development Rick Fosse, Public Works (D 0 0 -~, N .~x Z City of Iowa City MEMORANDUM Date: March 21, 1997 To: City Council and City Manager ~ ~ From: Donald Yucuis, Finance Director Re: Corrected List of Sewer Projects Resolutions to Set Public Hearing to Issue $8,500,000 Water Revenue Bonds Corrected List of Sewer Projects $11,000,000 Sewer Revenue Bonds and A public hearing is set for April 8, 1997 on the proposition to issue $11,000,000 sewer revenue bonds. The $11,000,000 total was correct on a previous memo but the Napoleon Park Lift Station, $5,212,500 was not listed. Below is a corrected listing of the projects that would be funded from the bond issue: Project 1. Wylde Green Sanitary Sewer 2. Sheridan Avenue Sanitary Sewer 3. Scott Boulevard Trunk Sewe~ 4. Willow Creek Sanitary Sewer 5. Napoleon Park Lift Station 6. One Year Debt Service Reserve 7. Design and Issuance Costs TOTAL $ Amount $600,000 355,000 2,215,515 1,433,500 5,212,500 1,038,332 145,153 $11,000,000 I expect a May 1997 bond sale date for the $11,000,000 sewer revenue bonds. A public hearing is set for April 8, 1997 on the proposition to issue $8,500,000 water revenue bonds. Staff will be presenting to the City Council a more detailed listing of the water projects and a proposed phasing in of those projects at the April 7, 1997 informal meeting. Below is a listing of the projects tentatively included with the $8,500,000 bond issue: Project 1. Raw water piping 2. Iowa River Dam improvements 3. Pond stabilization work at Water site 4. Contingency 5. One year debt service 6. Bond issuance costs TOTAL $ Amount $1 ,O75,6OO 1,001,000 4,954,000 500,000 802,400 167,000 $8,500,000 I expect to issue bonds in late summer or early fall for the water projects. The actual will depend upon the City Council's direction at the April 7, 1997 work session. bc3-1DY.mmo dollar amount City of Iowa City MEMORANDUM Date: March 21, 1997 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Notice of Non-Motorized Vehicle Public Hearing Materials were sent to over 60 groups, businesses, and schools regarding the proposed changes for non-motorized vehicles. Materials sent included: Short cover memo from my office Notice of public hearing Copy of memo (with revised chart) from Asst. City Atty. Mitchell Attached is a copy of the .mailing list for your review. MS BECKY FEURERBACHER 2p8 6TH STREET APT A-6 CORALVILLE IA 52241 MR BRIAN HOLM 4090 KITTY LEE RD IOWA CITY IA 52246 MS WENDY DAMERON 48 PENFRO DR IOWA CITY IA 52246 MR JOHN CASTELLOE 429 N GILBERT APT 1 IOWA CITY IA 52240 MR ERIC NEUBAUER 209 E FAIRCHILD IOWA CITY IA 52245 MR ELDON SNYDER U.OF I. COMM. CREDIT UNION 500 IOWA AVE IOWA CITY IA 52240 JACK'S DISCOUNT STORE 1101 S RIVERSIDE DR IOWA CITY IA 52246 PAUL'S DISCOUNT STORE 424 HIGHWAY 1 W IOWA CITY IA 52246 WAL-MART I001 HIGHWAY I W IOWA CITY IA 52246 K-MART DISCOLINT STORE 901 HOLLYWOOD BLVD IOWA CITY IA 52240 TARGET DISCOUNT STORE 2050 8TH STREET CORALVILLE IA 52241 JOHN WILSON'S SPORTING GOODS 408 E COLLEGE ST IOWA CITY IA 52240 PLAY IT AGAIN SPORTS 1705 1ST AVE IOWA CITY IA 52240 SEARS AND ROEBUCK CO SYCAMORE MALL 1600 'SYCAMORE ST IOWA CITY IA 52240 BIG DADDY'S 624 S DUBUQUE ST IOWA CITY IA 52240 STUDENT ASSOCIATION PRESIDENT 48 IOWA MEMORIAL UNION UNIVERSITY OF IOWA IOWA CITY IA 52242-1317 JIM MULAC 527 CLARK ST IOWA CITY IA 52240 BRIAN GETTING 408 N DUBUQUE ST IOWA CITY IA 52245 LINDA EATON FORESTVIEW TRAILER PARK IOWA CITY IA 52245 REGINA ELEMENTARY SCHOOL 2130 ROCHESTER AVE IOWA CITY IA 52245 MARK CHAFFEE 5343 STRAWBRIDGE RD NE IOWA CITY IA 52240 REGINA HIGH SCHOOL 2130 ROCHESTER AVE IOWA CITY IA 52245 DAVID RICKETTS DIRECTOR OF PARKING & TRANSPORTATION 100 STADIUM DR/CAMBUS OFFICE IOWA CITY IA 52240 Plus 21 Iowa City Public Schools G OOSETOWN NEIGHBORHOOD A,SSOCIATION CARL AND KATE KLAUS 416 RENO IOWA CITY, IOWA 55245-3038 MILLER ORCHARD NEIGHBORHOOD ASSOCIATION BILL AND BARBARA BUSS 747 W. BENTON IOWA CITY IOWA 52246 TY'N CAE NEIGHBORHOOD ASSOCIATION JUDY PFOHL 2229 ABBEY IOWA CITY. IOWA 52246-4505 WALNUT RIDGE NEIGHBORHOOD ASSOCIATION NANCY PERKINS 29 ACORN CT. IOWA CITY, IOWA 52246-2745 LONGFELLOW NEIGHBORHOOD ASSOCIATION CHUCK AND MARGARET FELLING 825 S. 7TH AVENUE IOWA CITY IOWA 52240 FRIENDSHll~ NEIGHBORHOOD ASSOCIATION DENISE WATKINS 3322 SHAMROCK DRIVE IOWA CITY IOWA 52245-5130 HILLTOP NEIGHBORHOOD ASSOCIATION MIKE BARKER 2018 WATERFRONT//128 IOWA CITY, IOWA 52240-4421 GALWAY H]LLS NEIGHBORHOOD ASSOCIATION MARY REIMAN 28 GALWAY PLACE IOWA CITY, IOWA 52246-2732 PENNY BRYN NEIGHBORHOOD ASSOCIATION LARRY AND MARSHA KARNISKI 1948 HAFOR DRIVE IOWA CITY IOWA 52246-4614 MELROSE AVE NEIGHBORHOOD ASSOCIATION MICHAELANNE WIDNESS 629 MELROSE AVE IOWA CITY, IOWA 52246-2007 SHIMEK NEIGHBORHOOD ASSOCIATION MARY LOSCH 1252 OAKES DRIVE IOWA CITY IOWA 52245-5730 VILLAGE GREEN NEIGHBORHOOD ASSOCIATION STEVE ROHRBACH 3437 HAMPTON STREET IOWA CITY IOWA 52245-2930 LUCAS FARMS ASSOCIATION NEIGHBORHOOD GRANTWOOD NEIGHBORHOOD ASSOCIATION MARY LEWIS 56 REGAL LANE IOWA CITY IOWA 52240-6758 NORTHSIDE NEIGHBORHOOD ASSOCIATION ELEANOR STEELE 31 ! E. FAIRCHILD IOWA CITY. IOWA 52245-2027 HARLOCK-WEEBER NEIGHBORHOOD ASSOCIATION WILLIAM KNABE 1101 WEEBER CIRCLE IOWA CITY, IOWA 52246-5169 CREEKSIDE NEIGHBORHOOD ASSOCIATION MIKE AND TERRI FINLEY 715 S. FIRST AVENUE IOWA CITY. IOWA 52245-5207 BLUFFWOOD NEIGHBORHOOD ASSOCIATION STEVE AND JAN LOCHER 839 BLUFFWOOD DRIVE IOWA CITY. IOWA 52245-3515 WALDON WOODS NEIGHBORHOOD ASSOCIATION PAUL AND SHARON MCDONALD 1216 JENSEN ST. IOWA CITY, IOWA 52246-4121 PEPPERWOOD NEIGHBORHOOD ASSOCIATION DAVID DAWES 1055 BRIAR DRIVE IOWA CITY. IOWA 52240-2203 SW ESTATES NEIGHBORHOOD ASSOCIATION JAN BERGMAN 1339 SANTA FE DRIVE IOWA CITY IOWA 52240-8647 City of iowa City MEMORANDUM DATE: TO: FROM: RE: March 21, 1997 Mayor and City Council Marian K. Karr, City Clerk'~'~,~ Retention of City Council Actions In response to questions the attached retention schedule has been prepared. The schedule reflects slight changes in three areas: audio tape retention consistent with State Code same completion date for work session and formal transcriptions same retention for work session and formal transcriptions 0 0 0 0 Z c'- 0 o 0 (~ o :::3 0 0 rO o 0 0 City of Iowa City MEMORANDUM Date: March 18, 1997 To: Iowa City City Council From: Brad Neumann¥Solid Waste Management Planner Re: County-Wide Waste Tire Collection Program Attached you will find an outline of the waste tire collection program for Johnson County. The program was developed by a task force made up of representatives from JCCOG, ECICOG, the Iowa City Landfill, the Johnson County Public Health Department, the Johnson County Secondary Roads Department, the Johnson County Conservation Board, and the Johnson County Farm Bureau. The program will consist of an amnesty period where tires will be collected free of charge beginning in mid-April and running through mid-June. The collection site will be the Iowa City Landfill. Communities and individuals will be eligible to bring in tires for disposal. A $30,000 grant from Iowa DNR will fund the program. Additional funds may be available if other counties do not use their full amount. Large tire piles will also be identified, and property owners informed that there is an opportunity to dispose of the tires free of charge. The Johnson County Board of Supervisors have agreed to submit another application for tire collection funds from DNR for next fiscal year. The grant application will again be completed on a regional level (ECICOG). A copy of the approved program is 'attached. Please give me a call if you have any questions or comments. My number is 356-5235. CC: Davidson Schmadeke Elias Klingaman tpl-2 . -JCCOG memo March 18, 1997 JOHNSON COUNTY WASTE TIRE COLLECTION PROGRAM INTRODUCTION In 1993, the Iowa Department of Natural Resources allocated $30,000 to the Johnson County Board of Supervisors for a waste tire collection program. The program was very successful, almost too successful. The $30,000 allotted by the State was used up five months into the program, two months short of our advertised.program ending date. Due to this problem, the City of Iowa City and the Johnson County Board of Supervisors agreed to fund the program the final two scheduled months. These final two months cost the City and the County an additional $28,595.85. Local funding almost matched the State funding for the program. The volume of tires collected equaled 20,900 tires which was way beyond our original estimate of 7,000 tires. With this information in mind, we again have received $30,000 to spend on a county-wide waste tire collection program. With the Johnson County Board of Supervisors permission, the East Central Iowa Council of Governments (ECICOG), applied for Iowa DNR Waste Tire Management Grant Program funds on behalf of its member counties, including Johnson County, and received $140,000. The funding has been allocated to each county in the region according to DNR rules. Johnson County portion of the grant totaled $30,000. However, ECICOG will take $10,000 of the top of the $140,000 for education and promotion of the county programs, including local advertising. The $10,000 for promotion and education will be divided evenly among the ECICOG members, leaving Johnson County with $27,900 to use for collection and disposal of tires. Funds will be allocated to ECICOG in January and must be spent or encumbered by June 30, 1997. The following is an outline of the Johnson County waste tire collection program as proposed by the Johnson County Waste Tire Collection Task Force. PLANNING PROCESS Since all municipalities in Johnson County are eligible to participate in the waste tire collection program, the Johnson County Board of Supervisors requested that the program be administered by the Johnson County Council of Governments (JCCOG). Brad Neumann, the JCCOG Solid Waste Management Planner, was appointed the program coordinator. JCCOG organized a task force to help plan the collection program in Johnson County. The task force was made up of representatives from JCCOG, ECICOG, the Iowa City Landfill, the Johnson County Public Health Department, the Johnson County Secondary Roads Department, the Johnson County Conservation Board, and the Johnson County Farm Bureau. 2 COL[ FCTION MFTHODS Tires will be collected in four different ways. Amnesty period at the Iowa City Landfill: The Iowa City landfill will be the collection site during the amnesty period. The amnesty period will begin Saturday April 12 and run through Saturday June 14. The landfill is permitted to collect and temporarily store waste tires, so this made the landfill the obvious choice for the main collection site. County Secondary Road and Conservation Board Collection: There are many tires found in ditches, parks, and other conservation areas throughout the county. These tires will be collected and disposed of for free during the amnesty period. Community Cleanup Events: Some communities in Johnson County host cleanup days every spring. These cleanup day. events would be eligible to bring tires from their communities to the landfill for free during the amnesty period. Tire Piles: The DNR has a short list of waste tire piles in Johnson County. The owners of these piles will be contacted and informed about the amnesty program. If they have fewer than 500 tires on their property, they will be given an opportunity to bring the tires to the landfill for free disposal. If they have more than 500 tires on their property, they will be eligible to apply for additional funds through DNR. The DNR currently lists three tire piles in Johnson County that may be eligible for additional cleanup funds. If DNR determines that they are not eligible for additional funds, I will contact the owners of these tire piles and inform them of the landfill amnesty program. One of the tire piles will definitely be eligible for additional DNR funds. RESTRICTIONS The following limitations and restrictions will be placed on tires collected in the program. These limitations and restrictions include: 1. Program eligibility Tires will be accepted from: - Private citizens - Private business not related to tires - Local governments Tires will not be accepted from: - Tire dealers - Tire distributors - Tire manufacturers - Waste tire haulers - Any person who collects, stores, processes, or recycles waste tires for profit - Waste tire collection sites that accept tires for a fee Limitations on the number of tires accepted. There will be no limits imposed on any individual. Our intent is to collect as many tires as possible. Limitations may deter residents from using the program. Tire type restrictions: - No tire tubes will be accepted - No industrial/commercial use (foam filled) tires will be accepted. PUBLIC EDUCATION Publicity for the program will involve a combination of media sources, including: - Local newspapers, newsletters and advertisers - Local radio public service announcements - Brochures - Telephone information services ECICOG will prepare an advertising campaign for the region through the Cedar Rapids Gazette, a phone-in system through City Line, and will also prepare a brochure dealing with proper tire management techniques. Local newspaper advertising will be completed through JCCOG and will include the following: The The The The The The The The Iowa City Press Citizen Daily lowan Advertiser North Liberty Leader Solon Economist Lone Tree Reporter Johnson County Farm Bureau Newsletter ICON RECORD KEEPING In order to keep accurate records for reporting the program to the DNR, a receipt will be provided to all persons using the program at the landfill. The receipt will include the individuals name, address, phone number, number and weight of tires accepted, and signature. A copy of the receipt will be retained by JCCOG for reporting requirements. RECYCLING TIRES Our vendor for the tires we collect is Tire Tech of Muscatine, Iowa. The Iowa City landfill has recently changed tire contractors for tire recycling from BFI of Minnesota to Tire Tech. The rate for tire recycling through Tire Tech is $75/ton (there are approximately 100 tires/ton). The tires will be shredded and used for fuel. jccogsw~tlreco12,doc March 18, 1997 Johnson County --i~IOWA~ BOARD OF SUPERVISORS Sally Stutsman, Chairperson Joe Bolkcom Charles D. Duffy Jonathan Jordahl · Stephen P. Lacina CITY iViANAGER'S OFFICE March 18, 1997 Mr. Steve Atkins City Manager City of Iowa City 1200 S. Riverside Drive Iowa City, IA 52240 Dear Steve: Steve Lacina, Joe Bolkcom, & interim SEATS Director Bumell Chadek have been appointed by the Board of Supervisors to represent Johnson County in SEATS negotions for paratransit service for Iowa City residents. The discussion will focus on the possibility of a 28E agrement between the City of Iowa City and Johnson County, as well as specific concerns addressed in your letter dated March 7, 1997. Please let me know who the City of Iowa City has appointed to work with Johnson County so that an an initial meeting can be arranged. Sincerely, Sally Stutsman, Chairperson Johnson County Board of Supervisors cc: Steve Lacina Joe Bolkcom Bumell Chadek Joe Fowler Ron Logsden Jeff Davidson, JCCOG ~City Council of Iowa City 913 SOUTH DUBUQUE ST. P.O. BOX 1350 IOWA CITY, IOWA 52244-1350 TEL: (319) 356-6000 PAX: (319) 354-4213 TERRY E. BRANSTAD, GOVERNOR February 27, 1997 The Honorable Naomi Novick Mayor, City of Iowa City City Hall, 410 E. Washington Iowa City, Iowa 52240 DEPARTMENT OF ECONOMIC DEVELOPMENT DAVID J. LYONS, DIRECTOR MAR :t 7 !997 .. RE: Community Economic Betterment Account (CEBA) Contract # 94-PRO-01' City of Iowa City/National Computer Systems, Inc. Dear Mayor Novick: It is my pleasure to congratulate you on the successful completion of the above-captioned project. The Department's review of this project indicates that all activities required by the CEBA Agreement have been completed and have met or exceeded expectations. In summary: 1. The Project Completion Date was August 30, 1995. 2. The project investment in the Community to date has been at least $15,077,475. 3. The Agreement called for the creation of 212 new FTE jobs in addition to the existing 588 by the end of the project. At the project closeout date,' the business employed 899 FTE people. Since all project activities have been completed and verified, the Department has closed the financial monitoring section of this project file. Thus, the Business and the Community need only submit annual employment reports. The Department will be monitoring the project on the fifth anniversary date to determine the Business' employment level at that time. We would like to express our thanks to your community development staff and the Business for their help in monitoring and closing out this project. We look forward to working with you on future economic development projects. Please do not hesitate to call me at 515/242-4810 if you should have any questions. Sincerely, Kenneth'Fl. Boyd Program Manager CC: Vickie Amundson, National Computer Systems David Schoon, City of Iowa City Robert Knitfie, IDED-Accounting 200 EAST GRAND AVENUE I DES MOINES, IOWA 50309 / TEL: 515/242-4700 / FAX: 515/242-4809 EMAIL:info@ided.state.ia.us ! TTY:515/242-4861 / http://www. state.ia.us/ided City of Iowa City MEMORANDUM Date: To: From: Re: March 20, 1997 ~ - ~ 200 Scott Court -- Midtown Restaurant This memo is to inform you of my phone conversation with Bruce Glasgow on March 19, 1997 concerning Midtown Restaurant. Bruce told me that Midtown Family Restaurant would not be locating in Iowa City but in some other community. He stated the loss of this business was due to the "overly" restrictive nature of the CN-1 zoning (i.e., specifically the maximum square footage requirements for restaurants) and the fact the business could not have a basement. I told Bruce that the bottom line concerning this matter was his dislike of CN-1 zoning requirements and that he should seek to have them amended. I have attached a memo from Ron Boose, Senior Building Inspector, further explaining the history concerning this project. If you have any further questions, please let me know. Attachment jw/200scott.db/doc CITY OF. I0 I, VA CITY MEMORANDUM Date: To: From: Re: March 19, 1997 Doug Boothroy, Director of Housing and Inspection Services Ron Boose, Senior Building Inspector ~-'~ Basement floor area at 200 Scott Ct. -- Midtown Family Restaurant In May of 1996 John Striet applied to the Board of Adjustment for a special exception to permit a 3,200 square foot restaurant in a CN -1 zone. Just before the board meeting it was discovered that Mr. Streit was not including the area of the 176 square foot walk-in cooler in the area of the restaurant. City staff and the Board of Adjustment members agreed that the ordinance intends to include all usable floor area in the square foot calculation. The application was then amended on the floor at the Board of Adjustment meeting to permit a 3,376 square foot restaurant at the site. An extension of the special exception expiration date was granted by the board on November 13. When plans were submitted for site plan review and a building permit, the building contained a 1,000 square foot basement in addition to the 3,376 square foot main level. The definition of floor area in the zoning ordinance specifically states that" space in the basement or cellar shall be included as floor area if used for a principal or accessory use permitted in the zone in which the building is located." A 1,000 square foot basement is certain to be used as storage for supplies or as an office area for the restaurant and must be included in the square foot area of the restaurant. The zoning ordinance doesn't provide any guidance as to when a basement or cellar area would not be included as floor area with the rest of the structure. However, the building code contains standards which while they are not directly applicable, provide some direction for establishing a maximum square foot limit for which a basement could be considered usable only for providing service to the building. Using those standards as a guide, we determined that a basement of up to 300 square feet, used strictly to house mechanical equipment that serves the rest of the building, could be constructed and not included in the square foot calculations of the building. We feel that this is the most liberal interpretation of the regulations that could be rendered. Even at 300 square feet, some storage is possible however the extent would be very limited. Use of the basement for any purpose besides service to the building would also require two separate exits under the Uniform Building Code. , Iowa City Fire Department Serving With Pride & Professionalism 410 East Washington St. Iowa City, Iowa 52240 (319) 356-5260 DATE: March 13, 1997 TO: FROM: RE: Stephen J. Atkins, City Ma~ Andy Rocca, Fire Chief Governor's Annual Volunteer Recognition Ceremony I have recently been notified by Governor Branstad that the Iowa City Fire Department has been selected to receive an award for its service to the State of Iowa. On May 23, 1996, the Iowa City Fire Department responded to a water emergency at the State Historical Society building, located at z~02 Iowa Avenue. Employees arriving to work were met with a flooded building, due to a broken water pipe. Fire crews, under the direction of Lieutenant Steve Dolan, worked throughout the morning pumping water out of the building and covering invaluable materials with tarps to prevent further water damage. Prompt action by our personnel significantly reduced damage to the building and its contents. Please do not hesitate to contact me if you require additional information. AJR/bdm TERRY E. BRANSTAD GOVERNOr OFFICE OF THE GOVERNOR STATE CAPITOl DES MOINES. IOWA 50319 515 281-5211 February28,1997 Mr. Andrew I. Rocca, Chief Iowa City Fire Department e/o Civic Center Iowa City, Iowa 52240 Dear Chief Rocca: I am pleased to inform you that the Iowa City Fire Department has been selected by the Department of Cultural Affairs/State Historical Society of Iowa to receive an award for its outstanding volunteer service to the State of Iowa. Your organization will be honored at the Governor's Annual Volunteer Recognition Ceremony in Cedar Rapids on April 11, 1997, at 2:30 P.M. The ceremony will be held at the Iowa National Guard Armory, at 10400 18th Street, S.W. While the award recognizes the efforts of many in your organization, we ask that you designate "one" member to come forward during the ceremony to accept the award on behalf of the entire organization. (See the enclosed sheet under "Group Award, Seating, and Guests" for additional information.) Your representative should plan to arrive early enough to register and be seated before the ceremony begins. A reception will be held following the ceremony. Please return the enclosed RSVP card by March 15, 1997, with the name of your organization and the name of the representative designated to accept the award. If additional members of your organization would like to attend the ceremony, please check the appropriate box on the RSVP card and indicate the number of guests attending. If you need additional information, please contact Mark Peitzman at the Department of Cultural Affairs, at 515/281-6078. I look forward to personally thanking your organization for its commitment to volunteedsm. Sincerel~ ~ Terry E. Branstad Governor Enclosure City of Iowa City MEMORANDUM Date: March 12, 1997 To: Steve Atkins From: Chuck Schmadeke Re: Meeting with Ty'n Cae Neighborhood Association On Sunday evening, March 9, 1997, I met with the Ty'n Cae Neighborhood Association to discuss the routing and construction of the Willow Creek Interceptor Sewer through Kiwanis Park and Willow Creek Park. About 25 people were in attendance. They were all happy to hear that the' City will exert its best efforts to complete the construction work this summer. They requested that some minor creek bank stabilization and Kiwanis Park grading work be completed with the sewer project. We will add these work items to the sewer project. Also in attendance at the meeting.to discuss their duties and responsibilities were the police officers who patrol the Ty'n Cae neighborhood area. Date: 3/14/97 To: Chuck Schmadeke From: Ed Moreno IOWA CITY WATER DIVISION MEMORANDUM Re: Toast to the Tap Contest As you may have heard, Dubuque, Iowa municipal tap water was recently cited as being the best tasting tap. water in the nation. This distinction came from a competition that included 40 tap water entrants at the "Water Tasting & Competition" at the Winter Festival of the Waters at Berkeley Springs, West Virginia on 2/21/97. Dubuque municipal tap water is drawn from shallow and deep wells along the Mississippi River and treated by the lime softening process. This is comparable to the future plans for Iowa City water which will draw water primarily from shallow and deep wells and lime soften. Filtration with granular activated carbon will be used to treat taste and odors if we additionally treat Iowa River water. My counterparts in Dubuque .are very happy and proud of their accomplishment and readily acknowledge the difficulties we surface water, i.e. Iowa River, systems have meeting the aesthetic demands of our customers due to our source water. In addressing the Dubuque City Council and Manager, the Water Superintendent acknowledged the support his department has received, past and present through the approval of projects and referendums that helped develop the water system that was capable of winning such an award. Likewise, I would like to acknowledge you and our City's leaders for the tough decisions you are making to help Iowa City develop its water system. With the improvements we have planned we will be able to compete well with Cities like Dubuque for the best tasting tap water in the nation. Page 2 - Toast to the Tap Contest Incidentally, Iowa City also submitted tap water to this competition. Although we did not make the final round of competition, I can report that we did not firfish last. Considering we were experiencing the beginning of our 'spring' river water this is remarkable. CC: Steve Atkins March 12, 1997 Bob Wolf Lake Ridge Inc. 2527 South Riverside Drive Iowa City, Iowa 52246 CITY OF I0 WA CITY 410 Re: Willow Creek Interceptor Sewer Dear Mr. Wolf: Thank you for your letter of February 27, 1997, regarding the proposed Willow Creek Interceptor Sewer Project. The City intends to design, construct, and operate this sewer system in a sound environmental manner consistent with all applicable regulations. This sewer will provide capacity for the entire southwestern area of Iowa City and as such will provide groundwater protection from septic tanks and other private sewerage systems. The sewer routing is currently under consideration as part of the final design phase of the project. The route will be as far north as consistent with airport constraints. For your information, the Iowa Department of Natural Resources requires a separation distance between a public water supply shallow well and a sanitary sewer of 75 feet. The actual separation distance will probably be approximately 800 feet. The sewer profile must provide adequate depth to serve the entire drainage area. The exact depth requirement will be determined during final design. Soil borings will be taken along the route of the sewer. The type of soil encountered will determine the contractors construction methods and trench dewatering methods. In sandy soils the construction dewatering method is usually well points. This method minimizes the water table drawdown and the distance over which this drawdown occurs. The construction specifications will include dewatering requirements with which the contractor must comply. The sewer pipe material and pipe joints must both provide a relatively leak free system. Iowa Department of Natural Resources list acceptable pipe materials and allowable leakage rates. These leakage rates are very low and require verification testing after construction. The pipe material will probably be either reinforced concrete pipe lined with pvc sheet or fiberglass pipe. I trust this alleviates your concerns about the construction and use of the Willow Creek Interceptor Sewer. I do believe, however, you are justified in having concerns with the future quality of your well water. Consider the following; · The lake on your property was created years ago from sand mining. Heavy earth moving equipment was and is used in mining and delivering sand. It was common practice for EAST WASHINGTON STREET * IOWA CITY, IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-$009 heavy equipment operators and owners to perform routine maintenance on site. On site oil disposal and spillage was common. As an example, the City purchased a sand mining site north of Iowa City as a raw water source and treatment facility. After purchase of the site, the City examined the surface of the site and found oil spillage. The contaminated soil was removed by the sand plant operator and disposed of properly. The area around the Lake Ridge lake remained unoccupied and unsupervised for many years after sand mining operations ceased. Iowa City has received calls over the years from people complaining about illegal dumping in and around the lake. I understand as part of your site development, a considerable amount of wood waste was dumped into the lake to create an environment suitable for game fish. If water from the lake is being drawn through your wells, as you indicated in your letter, organic contaminates from the wood waste may also be drawn into your wells. The development of Lake Ridge Inc. includes several hundred feet of private sanitary sewer pipe adjacent to a portion of the lake. The sewer pipeline consists of lateral sewers and service lines. These sewers have a much higher probability of plugging, flowing under pressure, joint separation, and settlement than a large interceptor sewer line. These factors render your development's sanitary sewer collection system much more likely to contaminate your well water than the City's Willow Creek Interceptor Sewer. Lake Ridge Inc. has an on site wastewater treatment and disposal facility. This facility consists of a treatment plant located adjacent to the lake, a force main located adjacent to the lake, and a discharge pipe located near the lake. The effluent from this facility, with a lower permitted discharge quality than Iowa City's permitted discharge quality, flows directly into Willow Creek which borders the lake. Lake Ridge Inc. proposes a commercial development in close proximity to the wells. This development if within two hundred feet of the wells or lake may become a source of well water contamination. We appreciate your interest ih Iowa City's Willow Creek Interceptor Sewer project and welcome your continued inquiries in the future. Charles J. Schmadeke Director of Public Works GO: City Manager City Council Board of Supervisors Iowa Department of Natural Resourses State of Iowa Iowa City Airport Commission Johnson County Agricultural Association Stanley Consultants Pershell Corporation Tom H. & Karen Williams Harold John Dane Jr. John B. Jr. & Betty J. Maxey Barton Oakey & Carmela 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 Karin Franklin ..'1o h n Sehl 900 W.. Benton Street .Iowa C:~ty, ~¢.1 52248 iEo~:~ C:~Ey Po1:~oe Dep~:~rtment Dear Sg'h.. S~d Sackson.~. Thankyou flor t;he .oppor'bunf[:y t:o ri. de ~.n t:he .,..'s, qu;.:~.d c,~r and observe the .job of an fo~,~a C['.h.y i::~ol:Ece Off:Ec~r. [[:: ~,~as qu'ite an exper:'~ence do:Eng bar- ohec.'ks earil:Eer in t;he even'Eng. Equally, l~-z~er on lsh,~t; evenfncj ~vhen bhe b~trs ~ere gebls:[n<~ 'bo close alob of ac'bEon ~as exper:f. enced. The pol'ice off~.cer's ~ere very observant; ~tnd profess:~on,~l... They put up w:f'bh a lot; of cr;:~p.. I'm deE fn:~.l;eJ.y lea. ring publ'f.c s;:~fety up 't:o you~- dep~rbment. Thanks aga.~n for .fnvSt~n9 me for the r'~de,. Hop~ you ¢~f'e feelin9 better ( I 9uess you had a cold Sa't;t.mrda. y NSghE). Someone shoutd fnv:~be f;he Sh,~,.m ~supporlsers for ,s¢. rSde so they can see ho~,~ ~,~el]. 'tsra:~ned ishe [o~,~E~ City Pol.~oe Department really :~s. PP, ES~r~ENT' S REPORT ~~ IOWA CITY AREA DEX, rELOPMENT GROUP, INC. February, 1997 Meeting with Senator Grassley's staff of proposed Foreign Ambassadors tour in August of 1997. Meeting with company on Senior Citizen Housing. Meeting with Mr. Potter on a company reclaiming scrap metal. Meeting with Sally Stutsman, ICAD Board Orientation. Meeting with John Helbing and Gary Williams on a new prospect. We have responded to their questions and have followed up with more information. Meeting with Darrell Sargent of the Egging Company on a site location for 125,000 square foot building. They would employ up to 150 people. Meeting update with Applied Systems. Site visit with TRW TerWisscha Construction Company for 6 acres and a state of the art building for a UPS Distribution Center. Luncheon meeting with Roger Schneider of US West. Attended the City of Coralville Employee Luncheon. · Oral B visit with David Lyons. Meeting and tour of building. Jim Morrisroe and Bill Sueppel meeting with Kalona. Economic Development Group and ;vith group that could produce a product for a possible'new Iowa company to build daycare children's chairs and children's wagons. Spoke to Home Builders Association on Economic Development in the Work Force on Thursday, March 13th. January 1997 UPCOMING EVENTS Presented by the City of Iowa City Wellness Committee Quick 8, Healthy Meals (4 Wk Series) Apdl 9, 16, 23 & May 7 Noon ~til 1:00PM Council Chambers Chef Ron Hall from Mercy Hospital will prepare and serve low- fat, low cholesterol dishes while discussing such topics as how to eat out and how to shop healthy. Dietitian. Sheila Wright will also answer questions and help with menu planning. Recipes will be available. Lunch will be served. PRE-REGISTRATION REQUIRED. Watch for info and sign up sheets. Jenny Poggenpohl, Project Coordinator weight lifting '~ Basic, beginner's i program for City employees. Sign up 'sheet is going around , now. Deadline: Mar 21. i ...R..p,~Q.[~..! BE.Q, Martha Lubaroff Project Coordinator If you have ideas for programs, or would like to help with a project, please contact one of the Wellness Committee members: Jenny Poggenpohi - 5158 Kathy Venom .. 5020 Kim Moeller - 5230 Macrlele W~ebel - 5025 Marilia Lubamff- 5206 Pain Sinnott - 5000 Sandi Schutt -. 5401 x18 Stress Management (4 Wk Series) May 15, 22, 29 & June 5 Noon- l:00PM Council Chambers Joni Troester, Health Promotion Coordinator at the U of Iowa will present four seminars. The first two will deal with managing job- related stress: 1 ) Balancing Work and Home 2) The Changing Work Environment She'll talk about new stress management techniques in: 3) Mindfulness Meditation Overview 4) Biofeedback: Using your Body Rhythms to Control Stress No registration required. Bring a brown bag lunch and enjoy the talk. Sandi Schutt Project Coordinator Emotional Wellness (3 Wk Series) June 10, 17 &24 Noon ~til l:00PM Council Chambers Paula Kelly, EAP Manager, will present three "exercises": "Are We Having Fun Yet?" - Learn to take work seriously, while taking yourself lightly. "Make Time for Yourself" - Ask, "how can I simplify my life?" "What IS Self Esteem, Anyway?" - We'll define it and discuss how to improve self- esteem. Another brown bagger. No registration required. Machele Wiebel Project Coordinator WALKING CLUB We're going to map out convenient routes (with distances) and track the number of miles walked by each member. Prizes will be awarded at specific milestones. If you've participated in a walking club, or have ideas for us, please call Kim Moeller (5230) or Machele Wiebel (5025). Watch for more details. i:SUN 13 20 27 WELLNESS CALENDAR APRIL I ~.Mo~' :l:;'::,~'.'t0~.......! ' :~'W~=o'." ' I THU:' J 1 2 3 WW - 11:45-12:.15 WW 5:306:30 WW = Women's Weightlifting FRI I 4 5 7 8 9 Ch.f Ro. 10 I I 12 ~N~on-1 WW - 5:306:30 WW - 11:4~!2:15 WW. 11:45-12:15 14 15 16Chet Ro. 17 18 19 ~ - t1:45-12:15 Noon.t WW - 5:30-6:30 WW · 11:45-12:15 21 22 23ch.f .0. 24 25 26 ~. 11:45-12:15 Noon-1 WW - 5:30-6:30 WW. 11:45-12:15 28 29 30 ~. 11:45-12:~5 WW. 11:45-12:15 MAY I 2 ~N. 5:306:30 6 7 chet .o. 8 9 11:45,12:15 Noon-I ~ - 5:306:30 W1N - 11:45-12:15 10 11 12 13 14 15 16 Streas Mgmt WW. 11:45-12:15 Noon-1 17 18 19 20 21 22 23 24 Stress Mgmt 25 26 27 28 29 30 31 Stress Mgmt Noon-1 JUNE SUN I MON I I 12 3 ,4. I 9 10 Em"li:mfil ' 11 WOI.I1iI~5 Noon-'. J THU J ' FRI 5 6 N0011-1 ~ 12 13 SAT 7 1_,1 15 16 18 ~ 22 29 17;.=nmtlc[i.I Wellr. o.~h 23 24,.'.,,0ho,,.~25 3O 19 20 26 21 J 27 28 humanrel~wellness.cal Minneapolis City Council OKs resolution on 'living wage' The Minneapolis City Council passed a "living wage" resolution Friday that will require businesses to pay full-time wages of $8.25 an hour for jobs created with certain types of city developmerit subsidies. The "living wage," defined as 110 percent of the federal poverty level for a family of four -- or $17,160 a year -- will also become the minimum wage that will be paid in all city jobs, including wages paid by city contractors. The resolution was based on the recommendations of the Minneapolis/St. Paul Living Wage Task Force, which was made up of representatives from labor, business, government and activist groups. The St. Paul City Council passed a similar -- though not identical -- resolution in Ianm/ry after voters there rejected a more far-reaching proposal a year ago. Minneapolis council author Jim Niland praised the living-wage policy as the most far-reaching of about a dozen that have been adopted in recent years around the nation. However, Minneapolis development officials say it will apply only in limited projects where city assistance of $100,000 or more annually is specifically ear- marked for "job creation and retention." It will not, for example, be used in large commercial development projects such as the planned downtown Target store and office tower. Though council critics contended that newwage requirements could hamper city development efforts, the resolution passed 12-0, with Council Member Steve Minn declining to vote. Minneapolis Mayor Sharon Sayles Beltoh's office said she' sup- ports the council resolution. ~ Kevin Diaz Come say good3ye to lteve lchornhorst. .o )y Con- rence :oom z: o- 5:o'o ?teve is caving aier a most ) ' eari in :e lao -'or a ')ostion at Pietry Hospital ~ oln 8:00 c~m . 8:10 ICAD Johnson County Council of Governments 410 E V~sh~ngton St Iow~ Qt~, Iow~ ~2240 March 19, 1997 PRESS RELEASE Contact Person: Kevin L. Doyle, Assistant Transportation Planner, Johnson County Council of Govern- ments To comply with regulations of the United.States Department of Transportation, the JCCOG Transportation Planning Division has produced a Transportation Improvement Program (TIP) for the Iowa City Urbanized Area. The TIP consists of a list of all surface transportation projects programmed for implementation in the metropolitan area between FY98 and FY2000 by the Cities of Coralville, Iowa City, North Liberty, and University Heights; Johnson County; the University of Iowa; and the Iowa Department of Transportation. The TIP consists of all state and federally funded surface transportation projects for the following modes of transportation: street and highway, transit, rail, bicycle, and pedestrian. Members of the public who wish to comment on the proposed 'T.~:ansit Plan may do so by contacting the JCCOG Transportation Planning Division at 410 E. Washington Street, or by faxing comments to the JCCOG Transportation Planning office at 356-5009. All comments received by March 25, 1997 will be forwarded to the JCCOG Urbanized Area Policy Board. The JCCOG Urbanized Area Policy Board will conduct a public hearing on the proposed projects at their meeting on March 26, 1997. They will then consider the program of projects for approval. Contact Kevin L. Doyle, Assistant Transportation Planner at 356-5253 if there are any questions regarding this matter. tlp.95\tip.prl CITY OF IOWA CiTY HULTI-USE PROJECT FEASIBILITY REPORT NEUMANN MONSON PC ENGBERG ANDERSON DESIGN PARTNERSHIP, INC. NEUMANN MONSON PC 111 E. College Street Iowa City, IA 52240 3 ] 9/338-7878 FAX 3 ] 9/338-7879 March 19, 1997 Iowa City Council Library Board of Directors Re: Multi-Use Project, Parcel 64-1a Dear Council Members and Library Directors: aWE CAN DO IT! Neumann Monson in association with Engberg Anderson is pleased to submit our findings in the study of the multi-use project for parcel 64-1a. We believe the five key components of the project can be built on the site: the library can be expanded to 80,000 s.f., a cultural center can be built which will include a 500-seat auditorium, private development can occur above the public facilities, and over 100 parking spaces can be accommodated on the site. We believe the library and cultural center with auditorium facilities would require a bond issue in the amount of $19,800,000. (The parking could be paid for by parking revenue bonds and the private development by the developer of the project.) If private fund-raising was used as suggested, the bond issue amount could be reduced. An escalation factor has been considered as the project cannot be built immediately. We have projected construction beginning in early 1999. Inflation in the amount of $1,340,000 has been included in the cost of the project. If construction was delayed further, this cost must be adjusted higher, if construction was started earlier, this budget can be reduced. Parking project costs are estimated at $2,670,000 including fees and escalation factors. We thank you for giving us the opportunity to work with you on this exciting project. We believe the project can done and it will meet your stated objectives. We welco~ne the opportunity to continue work on this exciting project for the Iowa City community. The architects are pleased to say for the community, "We've got it!" (To coin a phrase of the Chamber of Commerce.) The multi-use project is feasible, it is affordable, mad it will enliven the core of our city. We can do it! Sincerely, NEUMANN MONSON PC Kevin Monson, AIA rm/sr ENGBERG ANDERSON Charles Engberg, AIA r ACKNOWLEDGMENTS The Architectural Team of Neumann Monson and Engberg'Anderson wish to thank the many individuals who provided their input and expertise to make this report possible. A listing of those people who attended the focus group meetings is included in Append ix A. We also wish to thank the city council members who were able to give time in addition to their busy council agenda to meet with us individually and at our public meetings. Their input and insight are very valuable to the success of this project. As the project developed, we also met with the library Board of Directors and the library staff to inform them as well as gain their valuable knowledge. A big thank you to Karin Franklin and Susan Craig for their many hours working with us, providing information, organizing our meetings, and getting the focus groups established. It has been a joy to work with so many individuals and yet arrive at a single solution to a complex problem. We are excited about the future for downtown Iowa City, parcel 64-1a and the Library. It has been a pleasure working with and for the people of Iowa City. GOALS FOR THE STUDY The purpose of this study is to determine the feasibility of building multiple types of facilities on the last urban renewal site, 64-1a, and the existing library site. The urban renewal site, approximately 37,500 square feet in size, in combination with the adaptive re-use of the current library building across the pedestrian mall is to be studied. The uses to be included are: 1. A library of 80,000 s.f. 2. A cultural space including a 500-seat performing arts auditorium and th'e Center Space concept. 3. A 30,000 s.f. conference center 4. Private uses 5. Parking A building concept or diagram is to be developed that would illustrate the potential for accommodating the mixed-use facility on this parcel of property. The design team can forecast from this diagram the probable construction cost of the various components. Also, the phasing potential for incremental construction can be determined. The goals of the project is to fulfill three community needs: 1. Enhance the vitality of downtown Iowa City by attracting people to the City's center. 2. Provide for a larger public library. 3. Provide space for a cultural center. The center of our community is in need of revitalization. Destination points must be established downtown that will maintain and enhance the use and activity that takes place in the heart of the city. The Library has experienced increasing use over the past fifteen years placing it among the most productive public libraries in the country. A study completed in 1994 and updated in 1996 underscored the need for additional library space now and into the future. Due to the dramatic growth in area population and high use of the library facilities, a library of 80,000 square feet is necessary. The idea of an arts center in downtown Iowa City was conceived in 1989 by the Arts Business Partnership Committee of the Iowa City Area Chamber of Commerce. It was envisioned that by building a cultural center at the heart of the community, the needs of students, artists, and performers for studio and performance space could be met. The people drawn to the center would provide renewed vitality to downtown Iowa City. A conference center was considered as another potential concept to add to the vitality of the city. It was envisioned as a large space that could be used for tabletop displays in conjunction with conferences, meeting room space, and large group assembly space. THE PROCESS The Team of Neumann Monson and Engberg Anderson began work on the project immediately after receiving a Request for Qualification in mid-December 1996. Members of the advisory group were interviewed in order for the team to have a clear vision of the goals and objectives of the project. It was also important to know the history of the project. The submittal of the Architectural Team's qualifications was made January 6, 1997 and the team was one of 4 interviewed on January 16. The team signed an agreement with the City on January 22. Meetings were held January 27, 28, and 29 to allow and encourage community input into the needs and desires for the multi-use project. On January 27, the architectural team met with key staff personnel and city council members. The second day the team met with four different focus groups: library, arts, conference space, and downtown/private development. On the final day the architects presented 5 general concepts and massing models which illustrated the discussions that had taken place during the previous two days of work. Key points that were noted in the meetings were displayed and are included in Appendix A. The models that were developed in the wee hours of the night were used to illustrate the potential interplay of the various uses contemplated for this project as well as to give them scale. Important directions were gleaned from the 3 days of intense meetings. 1. The conference center was deleted due to lack of space, inadequate accessibility, and the lack of a large hotel to support and augment the function of the center. 2. The auditorium must be built on the 64-1a site. The Englert Theater could not substitute for the new theater as it would be counterproductive to the express goal of adding destination points to the downtown. (The Englert was not for sale as was later learned.) 3. Parking on 64-1a was a very important element of the project. It would provide convenient parking for the entire complex that is currently lacking for the library. 4. The remaining components will fit on the proposed site. A second meeting of key individuals was conducted on February 20. In addition to the five original concepts, a sixth scheme was developed. From the input of the previous meetings, only three of the first five concepts were developed further and a new plan, Scheme 6, was developed. After 2 hours of lively debate, Scheme 1 was universally accepted as the best and most viable concept. The advantages expressed by Scheme 1 include: 1. Easy access to parking for the library and cultural center components. Parking will be convenient to use, patrons can park and enter the facilities under cover during inclement weather. 2. Library will be expanded in its present location facilitating phasing of construction and remodeling. 3. The performing arts auditorium can be built now or at some later date. 4. Private development can be built immediately or whenever a developer desired to make an investment in downtown Iowa City. 5. The library will be more visible and have a more open and inviting feeling. 6. A gateway to the pedestrian mall will be created. 7. The cultural center will have high visibility in the community. 8. Scheme 1 was believed to be not as costly as some of the other concepts. Neumann Monson and Engberg Anderson have further refined Scheme 1. Meeting with the library staff and Board of Directors, the team verified the plans met the library long-term goals. More detailed plans have been developed to form the basis for a conceptual cost estimate. Final floor plans diagrams are included in Appendix D. The cost estimate has been prepared with the advice and consul of Construction Cost Systems, Inc. of Chicago, Illinois. See Appendix E. CONCLUSION Neumann Monson in association with Engberg Anderson is pleased to submit our findings in the study of the multi-use project for parcel 64-1a. We believe the five key components of the project can be built on the site: the library can be expanded to 80,000 s.f., a cultural center can be built which will include a 500-seat auditorium, private development can occur above the public facilities, and over 100 parking spaces can be accommodated on the site. We believe the library and cultural center with auditorium facilities would require a bond issue in the amount of $19,800,000. (The parking could be paid for by parking revenue bonds and the private development by the developer of the project.) If private fund-raising was used as suggested, the bond issue amount could be reduced. An escalation factor has been considered as the project cannot be built immediately. We have projected construction beginning in early 1999. Inflation in the amount of $1,340,000 has been included in the cost of the project. If construction was delayed further, this cost must be adjusted higher, if construction was started earlier, this budget can be reduced. Parking project costs are estimated at $2,670,000 including fees and escalation factors. We thank you for giving us the opportunity to work with you on this exciting project. We believe the project can done and it will meet your stated objectives. We welcome the opportunity to continue work on this exciting project for the Iowa City community. The architects are pleased to say for the community, "We've got it!" (To coin a phrase of the Chamber of Commerce.) The multi-use project is feasible, it is affordable, and it will enliven the core of our city. We can do it! APPENDICES Appendix A Key points from focus meetings List of attendees for focus meetings Appendix B Presentation Boards from focus meeting's Schemes 1-5 Appendix C Schemes 1, 3, and 6 Appendix D Final presentation plans Scheme 1 Appendix E Cost Estimate COUNCIL MEMBER COMMENTS PARKING People don't'like parking in ramps. · City's policy has been to get parking off of streets. · Must offset loss of surface meter and permit parking. ARTS Can't support themselves - need subsidy, low overhead costs. Englert Theater as potential component. Iowa City doesn't need more culture (facilities). BOND ISSUE · Probably won't pass unless council becomes advocate. · Must be multi-use in order to pass. · Issue of debt to valuation ratio policy (25%). · Private donations unlikely to exceed $1 million. 1-27-97 LIBRARY · Add 8,000 s.f. and remodel (carpet, roof, cc) · Expand to 80,000 s.f. on existing site. · Build 80,000 s.f. on 64-1a. · Build a branch library now. · Skeptical of need for 80,000 s.f. library. · Library must be downtown · Visibility of library is essential · Connect to existing library site over (Ponte Vecchio) or under Ped Mall PARCEL 64-1a · Retail (no retail), luxury condos, hotel, office, apartments · Will not support use of 64-1a for library use only. · Downtown at turning point. · Generate tax revenue is key - private component · Need destination points · 5-story minimum · City shouldn't be landlord · Conference center/exhibit space could work · Active interface with Ped Mall APT FOCUS GROUP Current space - 2,400 s.f./basement · 800 volunteers · $50,000 year Getting out of the basement Expanded exhibit space/workshops · 3,000s.f. · 3,600 workshops (VLA) CS wants to be part of a larger idea · Any group to have access · 600 non-profit org. · Need "free" meeting space · Rehearsal space · Arts Business Corn. · Chamber of Commerce · Central place for info/events Art Festival- 501c3 · Amphitheater/story-telling/music · 12-year-old 5-day event Jazz Festival Ticketing - kiosk space requires public exposure See art showcase Channel 2 · 4 joint · · 2 cable &4 telecommunications facility 4,500 s.f. min. 15 staff 5ft 5ft New position - community programmer Franchise fee- pass-thru fee sponsor lft 6ft 500 seat theater · Chamber music · Fly loft · Multi-use Parking · Meter - perception of parking/shuttle system Gathering space · Could open to the outside · Visible from street · Ticketing - needs common ticketing Private resource center · Library has internet - not word processing 501c3 Corp/Foundation Staff Centerspace · Tourist draw- presenting org. · Downtown · Multi-purpose auditorium · Community groups/presenting Prairie Lights et al Art Festival · Occurs on lot- indoor/outdoor Attendees: Tom Wegman Rene Paine Shirley Wyrick Diane Sulg Karen Chappell Drew Shatter Carol Spaziani Wally Chappel Sheila Boyd Arts Iowa City Public Access Television Center Space/freelance volunteer Iowa Arts Festival Center Space/Center for International & Comparative Studies Cable TV, City of Iowa City Arts Iowa City and retired Library Community & AV Services Coordinator Hancher Auditorium Group 5 Hospitality DOWNTOWN PRIVATE DEVELOPMENT FOCUS GROUP 10. 11. 12. 13. 14. 15. ICPL is major destination. Events as draw* · Jazz Festival · Arts Festival · 2 weekends per year Surplus of retail space · Development of mall** Added parking will help · Friendly parking will help · Friendly parking will help off space Hotel expansion--interconnection Evaluate assets Impact of Coral Ridge Mall · Entertainment · Exhibits · 1.2 million s.f. · Huge impact on downtown Iowa City Performance plaza added to mall. Theater? · Englert as 500_+ conference venue Parking? Increase on 64-1a · Offices will demand it · Hotels will demand it · Housing will demand it Conference? · Should be conference center owned and managed by hotel · Near south side? Existing Library? · City offices . · Discovery world space · Arts · Conference · Other Political reality · Compromise with shared vision or it won't happen. Chamber advocates securing downtown--not creating "new tax base on 64-1a". Be aggressive with cultural promotion! 16. More vacant space than ever before. 17. Looking for tax base on 64-1a is "25-year-old concept" 18. Subsidized development by City may be necessary to attract interest. 19. Preserve downtown for Iowa City residents--keep demographics stable. 20. Culture/Library is keystone 21. Don't preclude developers-don't ask them to support ($) the Library/Cultural Center 22. What keeps cultural aspect alive? · City promotes · Pedestrian Plaza amenities · Ice? · Life on the mall *Save some of 64-1a for performance. **The enemy Attendees: Nancy Burkans Shirley Wyrick John Gross Jim Clayton Tom Gelman John Beckord Sheila Boyd David Schoor Gary Sanders Tom Koeppel Susan Craig Mon. Forum/D.T. Strategy/Gringo's Center Space Technigraphics Soap Opera Phelan, Tucker, Muller, Walker, Tucker & Gelman LLP Area Chamber Group 5 Hospitality City of Iowa City Downtown habitue Iowa Memorial Union Library LIBRARY FOCUS GROUP · Gateway to Mall · Drive-up drop-off · Library as downtown destination (higher use than other uses being considered) · East of parking · Ease of accessibility · Overhead walkway from parking to existing library? · Gathering space for outdoor events · Cost of library separate from total project cost · Phasing--library need is immediate · No more than 2 levels of Public Service · Needs clarity of access/clarity of use/ease of use · Expansion...future plans · Limited, secure entry/exit · Physical presence on mall · More than 80,000 s.f. not a reality · Incorporate other uses which library can expand into · Flexibility of space · Uses with cultural components, arts, exhibit space, conferencing space · No bars (i.e. no new bars) · Interesting, not too wild, not the Porsche of libraries, conservative/not conservative, expressive of 21st century · Library as "keystone" of "cultural center" · Cost is an issue · Art exhibition space, general cultural exhibit space · Expanded community "information center" · Centralized "ticketing center" · Roofsgarden views of community · Close off part of Linn Street · Library must be anchor of this development · Nature of library meeting space is different from commercial meeting space Attendees: Kathy Moyers Steve Greenleaf Mark Martin Linda Dellsperger Kathie Belgeem Jim Swain Brad Langguth Susan Craig Mary McMurray Liz Nichols Terry Hall Sara Brown Beth Fisher Maeve Clark Larry Echleod Lolly Eggers Carol Spaziani Craig Johnson Sheila Boyd Shirley Wyrick Maureen Delany Ed Orensdorf Karin Franklin Library Foundation Library Board Library Board Friends Committee, Library Foundation Library Foundation Board Library Board Library Friends/Foundation Board Library Staff Library Board Library Staff Li,brary Staff Library Staff Library Staff Library Staff Library Staff Retired Library Director Retired Library Community & AV Services Coordinator Library Staff Group 5 Hospitality Center Space Library Staff Library Building Manager City Planning Staff CONFERENCE FOCUS GROUP 1. 30,000 s.f. +* 2. Exhibitor space--not enough. One reason for losing conferences. 3. 500 persons 4. Larkin/Cahill - managers. Chen Group - owners. 5. Addition of suite rooms. 4 G present Access vs. congestion** · Ground transportation · Drop-off/loading · Airport shuttle *Does not include theater/auditorium, catering *Only one street for all access! **Hotel, library, conference, arts/culture 7. Service bays 8. Conference + library on same site? Too crowded? 9. 20,000 s.f. exhibit area 10. Physical interconnection 11. Administer/Sell/Coordinate ~ Who? 12. Support amenities 13. Holistic program required · Management · Access · Transport · Hotel rooms · Exhibitor space · Meals infrastructure · Etc. 14. Cost of conference · .To user groups · Visitor/Convention Bureau · Conference space free with room & meals? 15. Preference · All under one roof 16. Current single venue scope: 300 person events 17. 18. 19. 20. 21. 22. Management coordination Arts Conference · Scheduling Set-up and take-down · Marketing · Control · Rehearsal time Conference Center may not be draw. · Library · Arts activities It's culture! Cyclical nature of conferences: especially ® U of Possibility of "partnership" with U of I Wedding market impact? Conference space will not pay for itself*. Bu.~ people spend money when they come to town. 23. Add main event space which is flexible? --with huqe storaqe area *Axiomatic Attendees: Peggy Slaughter Alan Swanson Sheila Boyd Shirley Wyrick Dayle Pretz Tom Koeppel Dwight Jensen David Schoor Jim Clayton Convention & Visitors Bureau, Board Member Center Space concept committee Group 5 Hospitality Center Space co-chair Holiday Inn, Admin. Asst. Iowa Memorial Union UI Center for Conferences & Institutes City of Iowa City Downtown Business Owner PUBLIC MEETING COMMENTS · 1-29-97 Higher level pedestrian connection to library/hotel from parking ramp Parking at upper levels rather than below grade? Can schemes accommodate adequate service least appealing due to lack of exterior window wall and lack of visibility from Linn Street What about a "flip" of #1 to get single entrance next to parking garage? omit auditorium--use Englert--then have green space (or retail?) Conference Center more successful when contiguous with hotel(s) Conference Center without exhibit space appropriate for this parcel--either all in or all out? Center Space doesn't want to be buried behind retail could be eliminated--lack of service to hotel, hotel orientation blocks sun/view Short-term drop-off/pick-up for library, etc... "Yellow" space for "private development" not just hotel ! I-1- 1~ I¢1¢¢r .'t.::,."~ .. ..I~".'~ ~,~ · ~.i~'~q.I '.".I"" . .; ."~'~ '., i . ,' ."' ' ~"'~i':':"'~ ~" '- ~., ~;,~: ~.! ~,' .~;,. '~.' .~. ,/ ' ~ .......... ~,.:~'~ ~ ~ " .. , ~'.~i,~.:~ ' ~': ';": ' ~..=,.'.../~¥.:,. ',,. , .,..:;~, rt;,~ ',r"' '. ~ ,:... ,, ... i¢'~'~".~ ' ' '. .¥.,,?,'~""!. ~ , . . ~;',-.'i "" .I ' ,,t..~ .~ 'L.' '.: ' ~"' v~i'.;'' ' ' ,~c,.,,:~:..~ %;~.'.~,.,,: ~., ~:~:?;.~...,.' ...,/ ~.'" ;,~. ~ ,'/ [~','~,"" .~:l· ' ' .,~,,,.:~ ~,.: · '~"' i~ ~:",~ ~ ~'!ti · . ~' -~ r ~,~, ........'-,.. ? ,~: ~ ' ~ ~ (nit' ,.. ~. ~. ., ~ '.r~ · ~ ) t ~,~,:~ ~1/I ~ ~'~ G~' ~"~' ~,, ..... ,"r~ .......~'~ ,~,.:. :.~..:__,:~ ','~ .~:,.'~.. .~'. ",~ . ' . 'L' .'.. "?;';~;~' :" ',' .., . ,'- .~ '.~ ,- ' ..... k' -' 4'.- .'T.:-.. ; ..... . I I I .; '% f CITY OF IOWA CITY · HULTI-USE PRO ECT CITY OF IOWA CITY °HULTI-USE PRO ECT 'CITY OF IOWA CITY· VIULTI-USE PRO ECT CITY OF 'IOWA CITY , HULTI-~SE P~O ECT ~ N N v N ~ . CITY OF IOWA CITY · F1ULTI-USE PRO ECT CITY OF IOWA CITY ·MULTI-USE PRO ECT CITY OF -IOWA CITY· MULTI-USE PRO ECT CITY OF.IOWA CITY o MULTI-USE PRO ECT, CITY OF IOWA CITY · MULTI-USE PRO FCT CITY OF IOWA CITY · MULTI-USE PRO ECT ~1 ::i I J ~ M :1~ 1115 [i].: i,t~l]: la,~,~,_~:,~,,,,iZ ~! RrI:] II [{eI:I~ID] II ~U[tI~ij D]~l[lt~ll/:l~ ~i~!~1~11111~. CITY OF IOWA CITY · HULTI-USE PROJECT CiTY OF IOWA CITY·HULTI-USE PRO ECT ,i U U i f o 0 O O O O E ~ ~ L) r,..) I I ',-'1 0 0 ',H 0 0 0 0 0 0 ro 0 o\O0 (D 0 0 ',-I c~ 0 40O ~l C~ O0 0 ,,or o 1~ o I-,- e,,I e0 ~ (D 0 0 0 0 (.C) O0 0 0 0 0 0 I'-- I'-- 0 0 0 0 eO 04 %-- o o o c- (D (D (D (-- .o ,o CITY OF IOWA CITY CITY COUNCIL INFORMATION PACKET March 28, 1997 IP1 IP2 IP3 IP4 Memorandum from City Manager: Police Questions I~r-7('(~ Memorandum from City Clerk: Previously-Submitted Questions for April '1 Discussion I ~ Memorandum from City Attorney: Update on Various Police Procedure Matters; Draft Letter to Attorney General Thomas J. Miller Memorandum from City Attorney: Information from Professor Baldus Concerning PCRB /2~(~. Proposal IP5 · i APRIL 2 JOINT MEE. TING I Agenda: Joint Meeting, Johnson County Board of Supervisors/City Council of Iowa Cit~l~(~ Iowa City School Board IP6 IP7 IP8 IP9 IP10 IPll IP12 IP13 IP14 IP15 · .MISCELLANEOUS ITEMS : Memorandum from,City Manager: Barricade - Closure of Bowery Street Area Alley Memorandum from City Manager. Fire Department - Strategic Planning Memorandum from City Manager: Landfill Memorandum from City Manager: Railroad Crossings Memorandum from City Clerk: Council Work Session - March 15, 1997 Memorandum from JCCOG Transportation Planner and Parking & Transit Director: Proposal for a Transportation Allowance Program for City Employees ] ~ ~ (~ Memorandum from Public Works Director to City Manager: Utilization Sewer Surcharging Response - Portable Pump_~ Memorandum from City Engineer and PCD Assistant Director to City Manager: West Be~t~,,r~ Street Reconstruction ~ Memorandum from Finance Director to City Manager: State of Iowa 5% Sales Tax on Water Use at City-Owned Pools I ~ ~ Letter from PCD Assistant Director to Robert Downer. Iowa City Care Center I o~C~ ~ ,. March 28, 1997 Information Packet (continued) 2 IP16 IP17 IP18 IP19 IP20 IP21 IP22 IP23 IP24 IP25 Letter from Nancy Burhans (Gringos) to Sheri Thomas: Article: Wages of Politics [Baker] Article: 6 Cities' Crews Eye Leftover Money [Atkins] Agenda: Agenda: City Plaza Maintenance Council on Disability Rights and Education April 1, 1997, meeting Johnson County Board of Supervisors March 25, 1997, Informal Meeting Agenda: Johnson County Board of Supervisors March 27, 1997, Formal Meeting Invitation: Johnson County Volunteers Recognition Breakfast - April 14, 1997 Press Release: Johnson County Waste Tire Collection Program Memorandum from Community Development Coordinator: FY98 CDBG and HOME Resource Book and HCDC Funding Recommendations [Book in Council packets only] City of Iowa City Investment Report Six Months Ended December 31, 1996 [Council packets_.__~, only] /,.~(~(_.) Memo from City Mgr. regarding design of alignment for extension of 1st Ave. to N. Dodge St. Information from Community Corrections Improvements Association and Youth Leadership Program regarding funding. Memo from Superintendent of Recreation regarding Soccer Park opening. Memo from City Manager regarding Downtown Strategy Plan. Information distributed 4/1 regarding Police Citizen Review Committee. Copy of Court order regarding Atty. John.q~n appointed special counsel for Eric Shaw case before the Grand Jury. Agenda for the 4/3/97 meeting of the Board of Supervisors. City of Iowa City MEMORANDUM Date: March 26, 1997 To: City Council From: City Manager Re: Police Questions Attached are three documents: 1. Canine Unit-- Summary memo Recommendations -- Police Procedure and Policy ~ This represents decisions made by Council at your March 15 meeting. Questions and Answers From January 14 correspondence to Council concerning the death of Eric Shaw. These were questions identified by Council from that document. jw/police2.sa/doc CANINE UNIT The department has done some research into the use of K-9's (dogs) for building searches, as well as other functions of law enforcement. Information has been gathered from a number of sources. The following list of costs are based upon the information gathered to date: Cost of an untrained dog Cost of training Convert police car to carry the dog Training suit (probably would not be needed) Hidden and external arm sleeves (necessary) Animal toys (specific purchases may not be needed, tennis balls, etc. could work Dog food Veterinary costs (including fecal exams, parvo/distemper shots, rabies shots every three years, heartworm testing, heartworm pills, licensing, flea treatment, and miscellaneous other veterinary bills) License Flea Treatment $3,000 - $7500 up to $4,500 up to $1,200 $1,300 $300 up to $15 $500/year $800/year $5 - $15/year $100/year One additional cost would be to spay a female before she was assigned to duty, which can run from $50 to $150. Additional factors which have been pointed out for concern are: A good working dog may work from one to seven years, however, most are retired after three to five years. Dogs can be trained to search buildings and locate suspects within the building. However, all of the officers that I talked to felt that the dog and the officer would be in danger if the dog was only taught to bark and not bite when he located a suspect. Dogs may be trained to protect the officer, to locate subjects in buildings, trail people, and locate drugs. However, dogs should never be trained to do all of those tasks and to be search dogs for explosive devises. Dogs may be kept indoors or outdoors in insulated shelters. However, it is recommended that the dog handler not live in an apartment. Dogs should be certified by a nationally recognized organization such as the U.S.P.C.A. or the North Central Canine Institute. Dogs should never be certified by the organization which sells the dog. Well-trained dogs may be purchased through any reputable law enforcement magazine advertising the sale of trained police dogs. A number of the cost items may be reduced or eliminated completely because many times veterinary services and goods are donated. A K-9 unit of one or two dogs and handlers would be very useful for building searches, as well as other tasks which are performed by the department. I would recommend that the department consider the purchase of two dogs for a K-9 unit. The handlers would be assigned to the 3:00 p.m. to 11 p.m. and 11 p.m. to 7 a.m. watches or the 5:00 p.m. - 4:00 a.m. watch. RECOMMENDATIONS - POLICE PROCEDURE AND POLICY March 25, 1997 o 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. The City Council asked for additional information regarding a canine unit. This information will be presented to the Council at a future date. 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." This policy was accepted. [Not listed in report; will be corrected in finaL] Immediately following an incident whereby a weapon used by an Iowa City police officer is discharged, resulting in 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. This policy was accepted with two exceptions, that being if an animal is to be destroyed and/or when weapons are used on the firing range. I.n 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. This policy was accepted and organizational/page numbering was added. All I.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 police training curricula will be located in one place, in one document and made available for public review. The one place is to be expanded to identify several locations, such as the Public Library, Clerk's office, Police Department, and other locations where practical. 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 periodic update of the training video on use of force. This policy was accepted and "sanctity of human life" language to be added. 10. 11. 12. 13. 14. 15. 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. This policy was approved; however, it is suggested that a name other than a "police review board" be utilized. Name to be determined by 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. The internal review of use of force was approved. A report identifying trends, etc., will also be submitted to the proposed citizens review board as routine information and filed in the Clerk's office and Library. The Chief of Police will prepare an annual report on the use of force, and that report will be made available to the public. This policy was accepted. 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. This policy was accepted. The policy on outside employment needs to be rewritten to conform with actual practice, since the Chief of Police must approve outside employment. This policy was accepted. The City Attorney, as a matter of policy, will be identified in the text of the General Orders 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 Attorney before implementation so that they may be reviewed in accordance with the various legal interpretations at the time. This policy of review was accepted and the information derived will also be directed to the proposed citizens review board. An annual report on training activities for the Iowa City Police Department will be prepared by the captain for administrative services. This policy was accepted. A detailed distribution list for all general orders of the Iowa City Police Department will be identified to include the City Attorney. The captain of administrative services will assume the responsibility for the continual update of those books according to the list. The detailed distribution of general orders policy was approved and the PCRB was added to the distribution list. 2 16. 17. 18. 19. 20. 21. 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. The mission statement and department goals will be revised. The extent of revisions and other additions will be the subject of a future Council discussion. 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. This policy was accepted. 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. This policy was accepted. Internal affairs reports are to be synopsized and the use of the term "be brief' be incorporated rather than "limit to ten lines". If policies and procedures are violated, any type of discipline that may result from an internal affairs investigation will be articulated in detail by the Chief. The prior disciplinary history of the individual involved will be included in the report. The internal affairs reports will be synopsized as indicated in the policy, but is not to be construed as a limitation on the information and other factual materials necessary to report on an investigation. -The "prior disciplinary history" will require additional research by the City Attorney's office for later review. In response to citizen complaints, the previous practice of the use of a form letter will be eliminated, and a specific personalized letter sent. This policy was accepted. 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. This policy was approved and the issue of "community standards" will be scheduled for a discussion at a future Council work session. Of specific concern was the definition of community standards as well as the process by which we will develop such standards. 3 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 the City Attorney to include this as a component of "use of force" training for our officers. This policy was accepted. 23. Incorporate into training, both field and special refresher courses, instruction/tactics for "building searches." (City Attorney recommendation 2/11/97 memorandum.) This policy was accepted. mgr/police. pol 4 To: Stephen Arkins, City Manager From: Captain Hamey/Captain Widmer CC: Chief Winelhake Date: March 25, 1997 Ref: "Questions..." per March 15 Council Work Session 28a) '~Nhat was different about the open door at Eric Shaw's place of business?" Prior to the "open door" at Edc Shaw's, Officer Kelsay had encountered two other open doors. The first was at Genesis, 201 E. Benton. Here the open door was found to lead into a garage area with no access to the business itself. The second was at Dodge Cleaners, 227 1" Street. Officer Kelsay reports he was familiar with this open door as it had been found in this condition prior. The door leading into the alcove was not secure, however, the doors leading from the alcove to the business were secure. At the Shaw building, the door was not shut completely ("slightly ajar), lights inside were on, there appeared to be fresh tool marks on the tdm and Officer Kelsay was not familiar with the layout or activities of the building. 28b) "Was Officer Troy Kelsay doing as he was trained in this situation?" Yes. 28c) ''What exactly was he doing?" He was investigating at open door as articulated in previous reports. 29a) "How did they communicate with each other? By conversation? Or by pointing to the door, nodding and gesturing?" Officer Kelsay flagged down Officers Gillaspie and Zachadas and told Gillaspie that he had found a door open and requested assistance from uniformed officers in checking the building. Officer Gillaspie parked the marked squad and immediately approach the door which Kelsay had just verbally indicated was open. Because the area was well lit and offered no outside concealment, Officer Kelsay did not approach the door with Gillaspie, but stayed back while he radioed dispatch that he and Gillaspie would be checking the unsecured door (not done near the door because of noise). When Kelsay approached the door, Gillaspie was already to one side. Without speaking, they had eye contact with one another and Gillaspie nodded. Kelsay states that he knew that Gillaspie was signaling that he was going to push the door open, which he did. Page I 29b & c) "How did they decide to pull their guns? Whose idea was it to pull their guns?" Based upon the circumstances (described in 28a) that they believed they were confronting at that immediate point in time, both officers used their discretion based on their training and the wdtten policy of the Iowa City PD in deciding to draw their weapon. No order was given or verbal discussion of "should we or shouldn't we draw our weapons". ./ 32b) "As the first officer on the scene, why wasn't Sgt. Sid Jackson interviewed by the DCl on August 31, 19967" Sgt. Jackson was interviewed by the DCl for 45-60 minutes that night. That was followed up approximately one week later with another interview conducted over the phone. 32b.1) "If Sgt. Sid Jackson was interviewed by the DCI, where is the text of that interview?" In the DCI' report. 47b, c & d) "How many burglaries occurred within 5 blocks of Eric Shaw's place of business in the month preceding his death (in August 1996)? .... in the month before that (July 1996)? .... one year ago in the same month (August 1995)?" July 1995 - within 5 blocks = 2 (total City = 44) August 1995 - within 5 blocks = 1 (total City = 34) July 1996 - within 5 blocks = 5 (total City = 50) August 1996 - within 5 blocks = 8 (total City = 78) 47e) '~/Vhy was this rationale of a rash of burglaries offered to the public?" Regarding this question, Investigator Krei reports that with the arrest of Wendel Prude and Ronald McKinney, Iowa City Police were able to clear 45 business burglaries between July - October that they either admitted or evidence tied them to. Krei states that he is confident that they are responsible for approximately another 25 dudng that time pedod. It should be noted that their arrest also cleared 20-25 business burglaries in Coraiville dudng that same time pedod. Page 2 48) "Is it known whether or not burglars normally leave doom open and lights on when committing a burglary?" There is no such thing as a normal pattam. Those who commit burglaries are generally young, opportunistic, and not highly cunning in their endeavors. 49) "In Iowa City, how often in the past 20 years has a burglar been caught in the act...?" VVhile we can document only two in 1996, there is no easy way to accurately recover this information without individually going through each burglary, criminal trespass and weapons charge. It is fair to say that it is not a frequent occurrence. 50) "What is the frequency of burglaries in Iowa City?" 1995 - 478 reported. 1996 - 523 reported. 50a) "VVhere is the supporting documentation of this frequency?" These statistics are directly from the Uniformed Crime Report, a document that is compiled from reports to the Iowa City Police Department and submitted to the FBI. It is a annually compiled report that is available at any library. 51) "What is the frequency of armed burglaries in Iowa City?" In a check of 1995-96 records, I could recover no instances of burglars being arrested while armed. Page 3 DATE: TO: FROM: RE: City of Iowa City MEMORANDUM March 27, 1997 Mayor and City Council Marian K. Karr, City Clerk Previously Submitted Questions for April I Discussion At the request of the Mayor written questions regarding the Eric Shaw incident were compiled from City Clerk's files. Please review the attached and come prepared to discuss the unanswered questions only. 528 l Wapsi Avenue, E.E. Lone Tree, IA 52755 December 30, 1996 RECEIVE? '2 199.7 .owa City City Council 410 East Washington Street Iowa City, IA 52240 Dear Councilmembers: What instructions, assistance, and or cooperation, has the city provided to the insurance company which will setfie the claim the Shaw family has fried against the city regarding the wrongful death of their son, Eric? If the city's responsibility regarding the claim is a maximum of $100,000, no matter what the final settlement figure is, why would the city have any obligation to assist the insurance company in this matter? Especially, in the words of County Attorney, I. Patrick White, when it was a death that resulted from the negligence of a city employeeand should not have happened. Certainly no settlement will be for less than $100,000, which means the city's obligation will have to be met whether the final settlement is $100,001 or $3,500,000. Is there concern that a high settlement figure, or one in which a 'good fight' is not put forth, will affect the city's future premiums with its current carder or with another insurance company? Since there is no pending litigation on the matter of the death of Eric Shaw (there being only a civil claim), why is the city keeping its meeting of February 1--one dealing with the policies and procedures of the police department--under wraps? Will part of the city's position in settling the claim be to have the Shaw's forfeit any fight to sue in the future? Why would the Shaws have any desire to pursue further action if the city did two things: one, direct the insurance carder to settle for the full amount or else go it alone, and two, do what the Shaw's ask and get to the bottom of this matter so that those who are responsible are revealed and punished. Please give Jay and Blossom Shaw credit 'or being the fine and decent people they. are, understandably seeking truth, accountability, and therefore justice, regarding the death of their child. How can the city, in good conscience, offer any defense regarding a matter for which it is entirely culpable? Accepting responsibility is the only correct thing to do. And, accepting responsibility is after all, the message of our times, one that is being preached in all other areas of our complex society. Councilmembers, the law is one thing; ethical, moral behavior often quite another. I will attend a formal meeting of the council in January so I can receive answers to these questions from the Council. Thank you. 1 Sincerely, Carol deProsse 629-4304 Copy to PC 2opy to CRG Copy to DI Copy to ICON Copy to DMR ,JAN 24 1997 5281 Walosi Avenue, S.E. Lone Tree, LA 52755 January 25, 1997 I ITY llANAI]ER' OFROE ~O; Larry Baker, Karen Kubby, Ernie Lehman, Dee Norton, N~'0 'r/-ii Nov~ck, Dean Thornbeny, Dee Vanderhoef, Linda Woito, 3. Patrick White I have questions that relate specifically to pages 47 - 50 of Jeffrey Gillaspie's statement to Mr. DeRooi, of the DCI. They are as follows, (any emphasis is mine): JG: A: "Our standard operating procedure on open doorsis for our personal safety and stuff we don~ - if there is a bad guy cmd stuff, we donZI announce that the police are here cmd we are coming in, and the reason we don't do that is because we donZI want to give them the opportunity to - the oportunity to, I guess, have a tactical upper hand on us and - hurt us if they know we're coming in." DCI Q: "Is that a written policy?.' JG A: "I don~t know." DCI (~: You just said it was your policy; you'd call it that, Jeff, if you could? JG A: "I don? know fithere - if it~ written policy. I don? believe it~ written policy on every open door that we go to, when were cffter - we initially go in, we donZI - we don? stand outside the door and announce '7~olice Officers" and then wa/k/n. I guess the reasoning behind it is we rcmt to determine what's going on inside, if we can, you know, before we make our presence known, for our safety." My ?s: Was a standard policy on all open doors, just some open doors, or was there not such a policy on any and or all open doors? If the answer is that there was a written policy, then why did Officer Cqllaspie not know it? If the answer is that there was a policy but it was not written down, how are officers reasonably and uniformly expected to know exactly what the policy is? If there was NOT such a policy, written or offher, then who is responsible for there not being a policy?. And, in any event, were our officers of the law, either with a written policy on all or some open doors, or an unwritten policy on all or some open doors, or in the absence of any generally understood policy on all or some open doors, allowed to enter with guns pulled any' and all open doors to property as they saw fincfividucrlly fit, in an attempt to ascerlaln what was hcrppening inside such property'?. Were the officers of the ICPD entering private property with guns pulled and without warrants and on only the least possible suspicion that a bad guy might be inside, as cr matter of routine? Is it true or false that the County Attomey's office provides workshops pertaining to such matters of law as search warrants? These questions should lead you to ask more of your own. Carol deProsse ~ ~,~~. Dave Moore 425 DavenportSt. Iowa City IA 5~245 319 3419831 TO: Larry Baker, Karen Kubby, Ernie Lehman, Dee Norton, Naomi Novik, Dean Thornberry, Dee Vanderhoef, Linda Wioto These are additional questions recently submitted by various citizens: - In what direction does the city council intend to take it's review in the future? - Will there be public hearings and in what time frame? - Do you intend to answer questions submitted by citizens? - Who will ~e~providing y~u ~ith information in addition to the city manager and police chief? - Do you intend to answer Karen Kub0y's questions regarding persons,el? - As some citizens oelieve bhe~'e has been an overall "us rs. them', attitude in the police department in the last 8 years, do you intend ~o interview reti~'.ed police officers to help clarify this perception? - We read that the guns used by police officers have a lO pound pull to fi~-e the first shot. Someone informed me that this is the case only if ohere is not a cartridge in '~he chamber, but if there is a cartri~e in the chamber, t~ere is only a 3-4 lb. pull. Is there a possibllioy there was a cartridge in the first chamber, or a way to find out? What is police prodedure on having a cartrige in the chamber? TO: City Council/Pebmary 11, 1997 FROM: Citizens for Justice and Accountability in the Death of Eric Shaw (~,/ ~'Tr~¢¢ . Photographs (approximately 36-40) taken by Erik Ltppold. Johnson told Gerst to contact Lippold and have him pick up a camera and meet Sgt. Wyss at the scene. See Intemal Investigation l~eport, Memorandum of Lippold on 8-31-96 and supplemental report of 9-11-96. 2. Photographs taken by Lt. Bok (ICFD). He expresses a great deal of concem in his statement about wanting others to know that he had taken pictures. The Fire Marshall took the film from him, picked it up at the from the development place and gave it to Chief Winklehake. See Internal Investigation Report, interview of Lt. Bok on 9-19-96. 3. According to information provided by Sylvia Mejia ("..."), Troy Kelsey worked the following hours: "From 12:01 a.m. to 8:00 a.m. on August 30, 1996 as his regular duty day in investigations. He worked foot pakol in the ped mall from 5:45 to 10:00 p.m. on August 30th. He began work in burglary investigation at 10:30 p.m. on August 30th and remained on duty until 9 a.m., August $1st. He was being paid overtime for his work in burglary investigation," Who authorized this burglaW work? Who xuihorized his oveltime? In the almost 24 hour period from 12:01 to the time Eric Shaw was killed, Kelsay had worked 13.5 hours. This does not include any pre-work time (caqivctl' at station, etc.) in that period of time. Was the ped mall work the concert to which he refers? Who authorized his workJug that shift? Was it overtime? If so, who authorized the overtime? "Troy Kelsay began his assignment in the investigation division, which would include burglca'y investigations among other duties, on August 29, 1996." 4. USE OF FIREARMS (514); sub-paragraph 514.20, REASON FOR USE OF DEADLY FORCE: An officer is equipped with a firearm to defend the officer or others against deadly forcce. An officer does not necesarily shoot with the intent to kj]]; the officer shoots when it reasonably appears necessary to prevent the individual from completing what he/she is attemping. When a firearm is used by an officer, it must be with the realization that the death of some person may occur, not necessarily with the intent that such will be the result. Sub-paragraph 514.30, JUSTIFICATION LIMITED TO FACTS KNOWN TO OFFICEriS: Justification for the use of deadly force must be limited to what reason- ably crispears to be the facts known or perceived by an officer at the time the officer decided to shoot. Facts urnknown to an officer, no matter how compelling, cannot be considered in later determining whether the shooting was justified. 205 USE OF FORCE. In a complex urban society, officers are daily confronted with situations in which control must be exercised to effect arrests and to protect the public safety. Control may be achieved through advice, warning, and ~ersuasion, r by the use of physical force. While the use of reasonable physical force may be necessary in situations which cannot be otherwise controlled, force may not be resorted to unless other reasonable alternatives have been exhausted or would clearly be ineffective under the particular circumstances. Officers are permitted to use whatever force that is reasonable and necessary to protect others or themselves from bodily har-m. ATTACttMENT "B", 804.8: Use of force by peace officer making an arrest. A peace officer, while making a lawful arrest, is just/fled in the use of any force which the peace officcer reasonably believes to be necessary to effect the arrest or to defend any person from bodily harm while mcking the arrest. However, the use of deadly force is only justified when a person cannot be captured any other way and either 1. The person has used or threatened to use deadly force in committing a felony, or 2. The peacce officer reasonably believes the person would use deadly force ~gainst any person usless immediately apprehended. A peace officer making an arrrest pursuant to an invalid warrant is justified in the use of any force which the peace officer would be justified in using if the warrant were valid, unless the peace officer knows that the warrant in invalid. The above are all from the Intemal Investigation and typed exactly as they appear. - Why, given the above, would any of the three officers, but particularly Gillaspie and Kelsay (since Zacharias was in training) have felt it was reasonable to pull guns for the situation as we all understand it to be the night of August 30th (an open door to a room with a light on, nothing heard inside, no warning given, etc.) 5. In the Intemal Investigations Report I can find REVISED press releases of August 3 l, 199(~ (uncertain whether it was issued by the City or by the County Attorney), and a ADDITIONAL DETAILS SURROUNDING THE DEATH of ERIC SHAW release of September 3, 1990. The revised press release replaced an earlier release, but we 'armot find it in the 12eport. Where is it and what did it say?. ADDITIONAL DETAILS stresses a 'recent rash of burglaries' in Iowa City in the first line. To C JADES, this sounds like some kind of possible justification being cre(~ed by, of all people, the County Attomey and he must have gotten his information from the ICPD. 6. From the Internal Investigations Report: The following is a list o! !~usiness l~urglaries (emphasis by C JADES) reported to this ~gency since 8-3-96. It appears many of these have a similar MO: What is the 'agencv' that is referred to? There are 30 business burglaries listed. Of the 30: 6 - Door pried. entrv through window, wall, etc. but nothing reported as taken: (20%) 15 - Door pried, entry through window, wall, etc. and cash/stuff reported taken: 80%) 10 - cash taken; 1 - two guitars taken; 1 - one TV/VCR taken; 1 - one cellphone & cash taken; 1 - one Sony boom box taken; 1 - fish supplies taken 2 - Door pried, entry through window, wall, etc./cash reported missing: (7%) 2 - Alarm activated, police res~:~nse, nothing taken: (7%) 1 - Alarm activated, pol/ce response, stuff taken: (3%) 1 - Change from polo machine taken/no details as to what happened: (3%) 3 - T,i.~ted, but with little or no information at all about what, if anvthing, hapl~ened: (10%) To many reasonable people's way of thirfdng, the above does not justify putting out press releases referring to a ~ash of burglaries' in the Iowa City area. What were the amounts of cash taken? Missing? What is the difference between ~aken' and 'missing'? Do these majority of petty thefts justify the reasonalbe suspi- cion that an armed and dangerous burglar might present when an officer finds a door open to a room with a light on inside? These questions, which keep arising daily, address the very serious issue of a citizen of our community having been killed by (an) officer/s of the ICPD. We urge · he Council to request the County Attorney to have an independent investigation conducted in the l~il]iug of Eric Shaw on August 30, 1996. If he will not do that, we urge you to explore w].~at other options may allow that to occur, perhaps to the extent of hiring some ~dependent group to do such an investigation for the City. ; :.:'.. . ...L~ . .~. :..; . ~.'"' .~ ..., ,:' ,~,, ,.':~ ' ' ' ~ ~' "?.:' - ' . ..' . '.' , ~"",' · I . ~- . .-,.. , : ...~. . . ;. . .,, . .. -.. ,.........;::..;;. ~.'~'~,.'~:.~ .. · ~' ....v-:':"~'. ; ': ., . / ~ :,~;" ' ;':- ",':. ', :' .",.~,'.,','.'~"" ....,. · ...~ ~. F~. ~ :. ."" . :' '~ '~'.;? ~...' ~.:':~'.; ~,i · ; . ... ,. ..~ ~....~,'.~l~i~, ~ .... , ~...,, ~. ~.' '~' -.~ ' . ~ . ....~ ~ '.'F.~ . On ~ues :'"" ' as Iowa CIN police o~e~ --~ · Investigated an open d~r to Erlc's . s~dlo while he was talking on the phone to a friend, ~~ ;: AN OPEN FORUM FOR ClT~S ....... . Organized by Clfize~ f~J~lce a'~'~'. Contact: Dianne Kaufma~ AccountablllN In the de~ of Eric ~aw' SUNDAY, MARCH 2nd, I:~ - 5:30 : :...,.~. . ..~. . .. Room A, Iowa C~ Publ~ Ubra~ .. ;' : ' ~ 'Feb:ma.W 12, 1997 Dee, Karen, Ernie, Naomi, Dean, Dee, and Larry: Is there some mechanism by which it would be possible to re-open the internal investigation of Troy Kelsay that was conducted in the aftermath of August 30? According to his statement to Fort and Sellers of 9-19-97, regarding his assessment of the open door: 1. Page 3, full paragraphs 1-3 --He first saw the two windows, one of which had lights and most of it had light. coming out of it; --He notices the door standing open and light comirfg out of the door;--He walked to the door quietly, took a quick look and noticed several pry marks on the door about which he gives rather det~tiled information; --He did not stand there as he was dressed in dark dothlug, no ready identification that he was a police officer, no vest 6~a, as he wans't planning on doing anythy that he needed, his .lob was basically §urveillance that night; --He did not hear anything; '~.. --He could not see any body or any shadows or 'any ~!gn that anybody was in_side the building; --He went to the back of the building and saw two more windows with lights on; --He called the PD, said he had an open door and requested a marked unit to assist; --While on the phone he continued to walk around the buklding, back past the door and to the front to get the correct address. ' 2. Page 4, full paragraph 2': --Gillaspie and Zacharias arrive, Kelsay gets on the phone to cancel his request, points to the door, says something ltke "Opendoor" to Gillaspie who begins to walk to the door, cancels his request, follows Gillaspie to the door; L 3. Page 7, Answers to questions from Fort: --He didn't hear anything, he didn't illuminate what he saw as 'pry' marks on the door (but was still able to provide rather detailed information about them), and again states that he did hear anything; 4. Page 8, Continuing answers to Fort's questions: --Never heard anyone say anything prior to the shot being fired; 5. Page 9, Contimting answers to Fort's questions: --It was duW he volunteered for. (?: Who authorized this duty and who authorized the overtime?) Page 10, Continuing answers to Fort's questions.' --Long justification as to why there was a higher threat level for a business with lig~ on; 11. Page 11, Continuing answers to Fort's questions: --He did not call it a burglary in progess, he didn't ass~_~me it was a burglary in progress, it had some 'trappings' of a burglary in progress, it could have just as easily been somebody that belonged there and most likely it wasn't anybody thee, but he felt the proper person to investigate that was a uniformed officer; why, ff a~ that is true, did he not initiate the effort to take time to discuss the situation with GillasI~ie and Zacharias when they arrived on the scene? ff he just points to the building and says 'ol~en door', it seems natural that j-nior officers coming off duty and following on the heo].~ of a guns-pulled situation, would perceive his findJ_ng to be greater than it was and therefore act rashly; IT WAS SOI.I~.Y KF.I.SAY'S RESPONSIBII.ITY TO HAVE THE SITUATION UNDER CONTROL; HEWAS THE ONE DOING THE INVESTIGATING, HE WAS THE ONE WITH THE INFORMATION THAT I~ SAW OR HEARD NOTHING, HE WAS THE ONE WHO HAD WAIKh-T~ AROUND THE ENTIRE BLm.DING. It is true that Gillaspie pulled the trig~qer, but who led him into th situation? an ofl~cer on his second night of bur~qlary detail who had found literally nothing at the scene, who was the senior officer b~ almost two years, and the one in char~cle of the scene at 1132 S. Gilbert Street the night of August 30, 1996. Sincerely, Carol deProsse Copies: R.J. Winklehake Steve Atl~in.~ Linda Woito Press (KXIC, PC, CRG, DI, ICON) 1. For Steve Arkins: Since August 30, 1996, have you made any confidential or off-the-record remark or remarks to anyone such as selected, individual ( ~nembers of the council or to any member of the media, regarding Eric Shaw that would imply he was leading a less than stellar lifesWle, that 'he was no Boy Scout', or anything that could be construed to be negative? If so, why would this matter to you, and why would you see fit to repeat something of that nature, or if you felt it was necessary to talk about it why not talk about it in public? 2. For Steve Atkins and the City Council: Why would you not want Rusty Brotherton of the ICPD to go on the air with Osha Davidson to discuss issues that have come about as a result of the killing of Eric Shaw? Why do you feel that only the council should discuss this important community issue, especially since the council has had so little public discussion of the issues relating to Eric's death? 3. For Steve Atkins/Chief Winkelhake, l.inda Woito: Are any of you aware of items contained in the DCI report that would cast Eric Shaw in a negative light? If so, and in each of your opinions, what difference would that make to the 'act that he was shot to death the night of August 30? 4. For Chief Winklehake: Was an investigation done into the Dodge Cleaners incident? (This is the 2nd or 3rd time this question has been asked and to date no answer has been given.) 5. For Chief Winklehake: In your opinion, should an investigation into the actions of Troy Kelsay the night of August 30, 1996, be undertaken (a new investigation, that is; I am aware that he was asked a few questions as a part of the internal investigation that centered on Jeffrey Gillaspie?) If not, why not? 6. For Steve Arkins: Do you think you did anything wrong in the way you conducted yourself and/or oversaw the administrative functions of the city in the aftermath of the killing of Eric Shaw? If so, what? 7. For Chief Winklehake: Do you see anything wrong with the way you ran your department prior to the killing of Eric Shaw? If so, what? Do you see ( anything wrong with the way you conducted yourself in the aftermath of the 8. For City Council: Why have you not had more open meetings for the public? 9. For City Council: Since leadership is not something for which one can gather empirical evidence (as one can in the pulling of a trigger), under what circumstance(s) could each of you see the city manager or the chief of police bearing some responsibility for the killing of an innocent citizen by a member of the Iowa City Police Department? 10. For City Council: If you agree with the City Attorney that the actions of he officers the night of August 30, 1996 were reasonable and legal, though not wise or prudent, how do you in your own minds define the difference between reasonable/legal and not wise/not prudent? Holly Berkowitz, questions/comments submitted 2/19/97 Words are more powerful than bombs or guns, we need police and military to de- fend and protect peace, not to justify a better budget for a more well paid police or military ? Is this shooting a part of a larger politically violent pattern of attempts to enforce absolute right-wing control with force for war and totalitarian states? Rather than negotiation for peace with words? Arsons, shootings against women (Democrats)..Iowa City is Democratic. Demo- crats work for Peace. Is this an attempt of right wing to destroy a democratic stronghold? 2 1/2 years since right wing seized control. Serious Concerns: Totalitarian absolute political states 1) stir paralyzing fear in all: Totalitarian absolute stal~es: 2) operate emotional button triggers in people's they want to control, to ignite malignant fear to paralyze a people's ability and willing- ness to detect suspicious details. Totalitarian absolute states: 3) dull abilities to solve costly problems with cognitive civil mature upper thinking brain abilities to detect suspicious details, patterns, clues and evidence. Totalitarian absolute states: 4) dull emotional sensitivity to harsh, violent insensitive public taxpayer consequences 5) suspicious political patterns in the country and Iowa City area: Arsons stopped when I called. - To: City Council (copy to media) From: Carol deProsse Date: February 19, 1997 _~e: Questions for which there won't be time at the meeting of 2/19/97 1. For Steve Arkins: Since August 30, 1996, have you made any confidential or off-the-record remark or remarks to anyone such as selected, individual members of the council or to any member of the media, regarding Eric Shaw that would imply he was leading a less than stellar lifesWle, that 'he was no Boy Scout', or anything that could be construed to be negative? If so, why would this matter to you, and why would you see fit to repeat something of that nature, or if you felt it was necessary to talk about it why not talk about it in public? 2. For Steve Atkins and the City Council: Why would you not want Rusty Brotherton of the ICPD to go on the air with Osha Davidson to di'scuss issues that have come about as a resttit of the killing of Eric Shaw? Why do you feel that only the council should discuss this important communiW issue, especially since the council has had so little public discussion of the issues relating to Eric's death? 2. For Steve Atkins/Chlef Winkelhake, linda Woito: Are any of you aware of items contained in the DCI report that would cast Eric Shaw in a negative light? If so, and in each of your opinions, what difference would that make to the fact that he was shot to death the night of August 30? 4. For Chief Winklehake: Was an investigation done into the Dodge Cleaners incident7 (This is the 2rid or 3rd time this question has been asked and to date no answer has been given.) 5. For Chief Winklehake: In your opinion, should an investigation into the actions of Troy Kelsay the night of August 30, 1996, be undertaken (a new investigation, that is; I am aware that he was asked a few questions as a part of the internal investigation that centered on Jeffrey Gillaspie?) If not, why not? 6. For Steve Arkins: Do you think you did anything wrong in the way you conducted yourself and/or oversaw the administrative functions of the ciW in the aftermath of the killing of Eric Shaw? If so, what? ?. For Chief Winklehake: Do you see anything wrong with the way you ran your department prior to the killing of Eric Shaw? If so, What? Do you see anything wrong with the way you conducted yourself in the aftermath of the killing of Eric Shaw? If so, what? 8. For City Council: Why have you not had more open meetings for the public? 9. For City Council: Since leadership is not something for which one can gather empirical evidence (as one can in the pulling of a trigger), under what circumstance(s) could each of you see the city manager or the chief of police bearing some responsibility for the killing of an innocent citizen by a member of the Iowa City Police Department? 10. For City Council: If you agree with the City Attorney that the actions of the officers the night of August 30, 1996 were reasonable and legal, though not wise or prudent, how do you in your own minds define the difference between reasonable/legal and not wise/not prudent? To City Council: 28 Feb 1997 In detective story I was reading I found the following quote. It was about a city in NY state. Sounds like a better policy to me than the ones I heard quoted for typical Iowa cities. "- .............. both men shouted, almost simultaneously, "Policel Stopl" Nobody was stopping. Neither were any guns coming out. In this city, police rules and regs strictly limited the circumstances in which a weapon could be unholstered or fired. There was no felony in progress here, nor did the detectives have a warrant authorizing the arrest of a person known to be armed. The kid pounding the pavement up ahead hadn't done anything, nor was he threatening them in any way that would have warranted using a firearm as a defensive weapon. The guns stayed holstered. " (Ed McBain - Widow - 1991 page 115) I would have been much more pleased with Chief Winklehake's public presentations if - (1) he had not sounded so uncertain and evasive, and hadn't seemed to change his answers from time to time. (2) if he had, just once, recognized the purpose of the police department is to protect all of the citizens, even though some mistakes in procedure, policy or judgement might happen. (3) that some of his concern as chief should be to recognize and take corrective steps if judgements by police officers aren't the best, and if excessive force is frequently, consistently or even occassionally used. How many judgements against the city for use of excessive force can we afford to pay off? How many citizens can we afford to lose by misjudgment? I stated publicly that since last August I would hesitate and be afraid to call on the police for aid. I would still have that hesitation. While 99% of the police staff are exemplary in their behavior and are worthy of all of our pride and confidence, I would be afraid that that one "flinching finger" would be the one assigned to answer my call. The news stories and public testimonies and judgements paid by the city, would suggest there may be more than one policeperson who has used excessive force and poor judgement. Why does this seem to be of so little concern to the Chief, the City Manager and the Council? Last fall on JCNews there were several different counselor types who commented that they did not know where to refer community members who had complaints about the police and were reluctant to take their complaint to the police themselves. This seemed to me then, and now, as a serious unmet need in our community. Will this be an important function of the Review Board? or do you plan a different kind of Advocacy arrangement? MAR 0 3 1997 ~-,z,.~ezn ~. Mcrtray . 60~ Brookland Park Drive ',/ Iowa City, IA 52246 319-338-0849 CITY MANAGER'S OFFICE City of iowa City EMORANDUM Date: March 27, 1997 To: From: Re: The Honorable Mayor Naomi J. Novick and Members of the City Council Linda Newman Woito, City Attorney ~ Update on Various Police Procedure Matters; Draft Letter to Attorney General Thomas J. Miller 1. Final report on police practices and procedures On February 11, 1997, I forwarded a "draft report" to you concerning police practices and procedures. With a final edit completed, I attach the Final Report to the City Council on police practices and procedures. 2. Instructional materials completed As agreed, I have completed written instructional materials, to be used in a refresher course for the Iowa City Police Department on the following topics: · Deadly force · Search and seizure law (Fourth Amendment and Iowa Constitution) · Section 1983 Civil Constitutional law (police civil liability) The instructional materials are public records, and you may obtain a copy by calling my Office. I will also make my Final Report to you, plus the instructional materials available to William F. Sueppel and William J. Sueppel, attorneys for the Iowa League of Cities, and the ILEA faculty. The materials will be used primarily by Police Chief Winkelhake and Capt. Widmer for purposes of Iowa City Police Department training. I expect to handle most of the constitutional training myself. 3. Draft letter to Iowa Attorney General Tom Miller As agreed, I enclose a draft letter to Attorney General Tom Miller, requesting release of the DCI report. You may want to discuss this briefly at your Tuesday, April 1, 1997 meeting -- although I hope most of that April 1 meeting will be used to form a consensus on the proposed police citizen review board materials (PCRB). Please note that our discussions April 1, 1997 will be centered around my memo and draft PCRB ordinance, which were sent to you separately March 13, 1997. If you need additional copies of this information, please call Annie Rowley in my Office at x5030. Attachments cc: City Clerk City Manager Assistant City Manager Police Chief Capt. Widmer City Attorney Office Staff Inw',pcrbupd,mmo City of Iowa City iVIEMORANDUM Date: March 26, 1997 To: The Honorable Mayor Naomi J. Novick and Members of the City Council From: Linda Newman Woito, City Attorney ~ _ Re: Report to City Council: Police Practices and Procedures as Compared to Other Iowa Cities; Review of State and Federal Law Governing Police Procedures; Civil Liability At the outset I want to clarify that this report deals with civil law concerning constitutional rights under state and federal law, as well as federal civil liability under 42 U.S.C. Section 1983. Section 1983 provides for money damages for violation of a person's civil constitutional rights. Conversely, this report does not deal with state or federal criminal liability (e.g., state grand jury or federal Department of Justice). Summary of Findings, Conclusions and Recommendations 1. Iowa City's written police policies and unwritten practices are generally consistent with other law enforcement departments throughout Iowa, with a few minor exceptions. However, even if law enforcement officers follow state law or broadly-established practices, their conduct may still be in violation of the Fourth Amendment, because the United States Supreme Court has the last word on the subject. 2. Under both the Iowa Constitution and the Fourth Amendment to the U.S. Constitution, the general rule concerning warrantless searches can be stated this way: searches conducted outside the judicial process, meaning without prior approval of a judge or magistrate, are per se unreasonable -- subject to a few well-delineated exceptions: Exigent circumstances (hot pursuit; mobility of a car; avoiding destruction of contraband; inventory/custodial caretaking). Emergency or imminent danger (fire, injured person). 3. There are no Iowa, Eighth Circuit Court of Appeals (which includes Iowa) or U.S. Su- preme Court cases which specifically find Iowa City's former practice of "open door/building 2 security checks" to be either lawful or unlawful. However, the 1980 American Bar Association "Standards for Criminal Justice" and Professor LaFave, a well-respected expert on the Fourth Amendment, both recognize a "building security check" as not only a lawful police activity, but also a recognized exception to the Fourth Amendment prohibition against warrantless searches. In contrast, some states limit the "commercial building check" to circumstances where the officer has no reason to believe the owner would not consent. 4. The Tenth Circuit is the only circuit which has explicitly rejected this "building security check" as an unlawful search under the Fourth Amendment. 5. Iowa City's practices on "building search/security checks" are generally consistent with the ILEA training on tactics and factors to be considered. 6. While the Iowa City police practices on building searches used in August 1996 were lawful under both state and federal law, some of the officers' actions were not necessarily wise or prudent, but Iowa City has taken positive steps toward acknowledging this fact. 7. The shooting of a firearm is a "use of deadly force," and can only be done where a person poses a "threat of a significant risk of injury to the officer or others, or a serious threat of death to the officer or others." This rule applies to all state and local law enforcement officers. Based on a review of the facts in the Shaw claim, the use of deadly force was not warranted under state or federal civil law. 8. In reviewing whether a law enforcement officer has misused deadly force or has used "excessive force," both Iowa and federal courts apply an "objective test of reasonableness under both the Fourth Amendment and the Iowa Constitution." This means that courts look at the facts of the case from the perspective of a "reasonable officer on the scene" -- rather than with the 20/20 vision of hindsight. 9. The Eighth Circuit Court of Appeals (which includes Iowa) cautions against a "Monday morning quarterback" approach in reviewing whether use of deadly or excessive force is reasonable under the Fourth Amendment. 10. Ordinarily a city cannot be liable in money damages for the unconstitutional actions of its employees under 42 U.S.C. §1983, where the only connection is the employee-employer relationship (known as respondeat superior). However, a city may be liable for money damages under §1983 where the constitutional deprivation occurs as a result of the city's adopted customs, policies or practices which have either been officially approved by the policymakers, or where the policymakers have tacit knowledge of a practice and do nothing to change it. 11. Comparable to discrimination law, the courts may look to the actions or inactions of policymakers taken after law enforcement officers' unconstitutional conduct (e.g. excessive use of deadly force) as to whether the policymakers approved or disapproved of the unconstitutional conduct. In such cases, the courts look unfavorably on .cities whose policymakers "stonewall" the incident and take no actions such as reprimands, discharge or acknowledgement of lower-level employees' abuse of deadly force. 12. In Iowa City's case, courts would look favorably on positive steps taken by the policymakers -- as was the case in the Shaw incident. That is, when the Iowa City Police Chief amended the "open door policy," initiated the "Internal Affairs Report" which recommended discipline, and the City Council set into motion a process to establish a police citizen review board, as well as timely settled the claim, a court would likely view these factors favorably. 13. Law enforcement officers are entitled to "qualified immunity" which protects them against constitutional claims under 42 U.S.C. §1983 where the officer's actions, when later viewed by a court, are deemed objectively reasonable in light of the legal rules that were clearly established at the time. This means that, with respect to Iowa City's former "open door" practice, the police officers would likely be entitled to "qualified immunity" because no "clearly established constitutional rule" banned such security checks. 14. In contrast, the qualified immunity defense would not likely be available to the officers with respect to the fatal firing of the gun, because the law on "deadly force" was clearly settled at the time. Nonetheless, where an officer is sued in their official capacity and was acting within the scope of their employment (as Gillaspie was), both the City and the insurance carrier have a duty to defend and indemnify the officer under state and federal law. 15. Attorney's fees are awardable under 42 U.S.C. §1988 to "prevailing" §1983 claimants, even where the claimant prevails by reason of settlement or consent decree. 4 16. "Display of a sidearm or loaded weapon" is viewed by at least one county in Iowa as a "use of deadly force," although neither the Eighth Circuit, the Iowa Courts nor the U.S. Supreme Court have directly addressed this issue. Other circuit courts are addressing the issue, but this body of law is still evolving. 17. I join in with the recommendations presented to the City Council in the "Joint Report" prepared by the City Attorney, City Manager, and the Police Chief released February 1, 1997 (hereafter "Joint Report.") However, I want to add an additional recommendation--and the City Manager and Police Chief concur. That is, I recommend the Iowa City Police Department incorporate as components of their training, both for field training and a special "refresher course," instruction on tactics dealing with "building searches." List of Topics Covered In addition to the summary of findings, I have included the following topics in this memo: 0 Building search/security checks, beginning at p. 5. Search and Seizure Law (Iowa and federal), p. 17. Deadly force, p. 19. General § 1983 civil constitutional law, p. 27. Display of weapons, p. 31. Building Search/Security Checks: 5 Used Consistently Throughout Iowa 1. My review of other cities' practices in conducting "building searches," which I did by reviewing their written documents and then speaking with city attorneys and one police chief, revealed that unwritten practices for such security checks is common practice throughout Iowa -- even though the only written policies are those building searches that deal with canine units. Also, the practices throughout Iowa generally follow the training received at the ILEA. In gathering this information, I spoke with persons from the following cities and counties: Des Moines, Dubuque, Sioux City, Ames, Cedar Rapids, Davenport and Polk County, Iowa. I talked with Johnson County Attorney J. Patrick White, and also spoke at length with the trainers and the lawyer for the ILEA. I report the following: Des Moines, Iowa. e Former Des Moines Corporation Counsel Ivan Webber said that when he represented Des Moines from 1986-89, he recalls police had a "downtown commercial building security check" practice. The focus of this practice was in the Downtown area where the officers were familiar with the businesses, and the owners presumably consented to the practice. e I spoke with Doug Phillips, presently an Assistant City Attorney for Des Moines. His assigned duty in the Legal Department is representing the Police Department. He explained the following: An "open door" would be deemed suspicious in terms of security of the building. The officers would call for backup, and would surround the building and determine how many people should enter. They would then draw their weapons and go through the door. The guns would be in a "low ready position," with the gun pointed at an angle in front of the officer and at the floor, with their finger off the trigger. Once a perceived threat was seen, the finger would be on the trigger and the officer would be ready to engage the threat. Dubuque 6 spoke with the Police Chief (after being referred to him by City Attorney Barry Lindahi). o Dubuque is a city of 59,000 people, and has 84 police officers. [I asked this question out of my own curiosity.] · The building search is an unwritten practice, and is generally performed in commercial areas. The Dubuque Police Chief noted that they call someone (e.g., owner) if they can reach them; otherwise, the police go in for an "open door." Sioux City Speaking with James Abshier, City Attorney for Sioux City: ® Sioux City uses a canine unit, so the dogs and their assigned officer would do the search according to written policies. ~ If the canine unit is not available and an emergency exists, the officers would go in and secure the building, with guns drawn. · Ordinarily the police would not go in even if the dogs are not available unless a real emer- gency exists. Ames Speaking with Assistant City Attorney Judy Parks: There are no written policies, but Ames does have an unwritten practice for doing building searches. If the police deem that an unlawful entry has been made, the canine unit will be called; entry will be made only after approval of the commanding officer, and they will enter in a "slow controlled entry." 7 · If it is just an "open door," the police officers will make an attempt to contact the owner and have them come down; otherwise, the police will call the canine unit with the command- ing officer's approval, and again do a "slow controlled entry." Cedar Rapids Speaking with City Attorney David McGuire: There is no written policy, but a building search is left to the discretion of the officers. Davenport Speaking with City Attorney John Martin: ® There are no written policies, except the use of canine units (see attached). · As noted in the Davenport policy, many of the factors taught by the ILEA Academy for "building searches" are the same "checklist of factors" to be considered by officers when entering a building, even when the dog does the most dangerous part of the search -- namely, entry. [See below for further discussion of ILEA training.] Polk County Sheriff's Office Speaking with Lt. Dennis Anderson, Chief Deputy to the Sheriff and former member of the Patrol Division: There are no written policies, but building searches are not uncommon for the patrol division. · A security check by the patrol division would secure the building with at least two people, posting them back far enough from the building so they could see both sides of the building. The deputies would attempt to contact the owner; if no owner was Iocatable, the 8 deputies would enter the building with guns drawn to determine if there was a burglary in process. o Prior to entry, the deputies would announce themselves, reasoning that the deputies pre- ferred giving the person inside an opportunity to "give themselves up" prior to a "dynamic entry." In sum, all Iowa cities follow the same general practice for building search/security checks, and these practices are generally consistent with the practices taught by the ILEA -- with some variation on emphasized tactics. Johnson Countv Attornev's Office Speaking with J. Patrick White, Johnson County Attorney: · He said he had never been confronted with a motion to suppress evidence based on a "building search/security check;" that he had not done any research on Fourth Amendment implications attendant thereto; and had no opinion (without doing research) on Iowa City's long-standing practice of building searches. 2. Of all the city attorneys I spoke with, only two were aware of the "building search" practice: Ivan Webber (Des Moines 1986-89) and James Abshier (Sioux City, which has a canine unit for such searches). 3. Prior to September 13, 1996, which was when Police Chief Winkelhake adopted a more stringent "open door/alarm security check" policy, there were no written policies in the Iowa City Police Department governing "building searches." The practice for "building searches" has been a long-standing, generally unwritten practice in the Iowa City Police Department, as in other Iowa departments, dating at least back to the 1960s. The Iowa City Department relies on training the officers receive at the ILEA. As pointed out in the Joint Report released February 1, 1997, a written policy was once in place concerning "building searches," see memo from then-Police Chief Harvey Miller dated 1985 in the Joint Report. That memo was uncovered by one of the Iowa City police officers 9 -- although the memo was not in the Police Department. The memo specifically noted that "firearms will be drawn only under the following conditions: B. As personal protection in building or area searches where the officer has a reasonable belief that substantial harm might befall him/her if deadly force was not present and immediately available;..." 4. The training and actual practices on "building searches," received by Iowa law enforcement officers during the ILEA program, is outlined in the Handbook. The "checklist of factors" to be considered before and during a building search, tactics and warnings about the i'nherent dangers all must be weighed by the officer. I highlight some of the factors found in the Handbook: ® Always check a building as if it were occupied. Backup--never try to search a building alone. Verbal challenge (identification of self as law enforcement or "halt"). Civilian interference should be avoided. Enter or wait--is there another reasonable option? High/low approach--search officer almost always takes a low position. · Cover and contact/search officer--one officer always covers, while one searches; know what your role is. ® Room entry--avoid the fatal funnel or "kill zone"--which is walking into an area where the suspect has control of the area with their gun. Work the angles. See yellow pages in Joint Report, page 10 The training covered in the written Handbook and classroom discussion is then followed up with actual field training on "building searches" at Camp Dodge, located north of Des Moines, where the officers are put through simulated exercises. In speaking with Mr. Rod Van Wyck, the ILEA trainer on "building searches," he highlighted the training as follows: · If there is an open door, you should consider the building occupied. ® You enter the open door (presuming that the door was left open either by mistake, or that criminal activity is afoot) with your weapon drawn--preferably with your finger to the outside of the trigger. e The entry should be made free from civilian interference. Mr. Van Wyck relayed to me a truly frightening "war story" from when he was a deputy sheriff (which he shares with his trainees). In response to an alarm, he called the owner of the drugstore who then came down to the area. The deputy told the owner to stay by the squad car, and Van Wyck entered the building with a drawn weapon. He saw the silhouette of a figure in the building--and had the owner not worn a distinctive looking hat, he would have shot the owner--but fortunately realized who the person was prior to shooting. Even more frightening was that the owner had entered the building with a loaded gun to "help the deputy out." ~ The officers are taught to search with their eyeballs first; that the contact or search officer should always enter in a "low ready position" -- which is in a crouched position, with the gun pointed toward the ground and in front of you, with your finger off the trigger. The covering officer is behind you, with their gun angled away from the officer in front. Van Wyck emphasized that you should "know your role" -- meaning whether you are the cover officer, or the contact/search officer. ~ Van Wyck noted that building searches are one of the most hazardous things law enforcement officers do. He also suggested that when he was a deputy and a new business came to town, they used to do what he called "three calls" -- meaning visiting the business three times, to find out where their safes were located, who the building owners were, who the managers were, what their hours were, and other matters relating to the business operation. In this way, the officers became familiar with the property they were trying to 11 protect. I recommend the Iowa City Police Department undertake a similar approach to all businesses, not just new businesses. ® In revisiting Iowa City's new "open door/alarm policy," we might also consider obtaining "consent forms" from businesses as to whether they want the police to do building search/security checks. This, however, is a decision for the City Council. ® When asked as to whether the officers should or should not identify themselves or announce their entry, ILEA trainer Mr. Van Wyck stated that announcing or identifying themselves eliminates the element of surprise. In any event, the option to announce or identify themselves is just one item on the checklist found in the Handbook and covered in the ILEA training, and is ultimately left up to the discretion of the officer -- based on the circumstances confronting the officer at the time. ® When asked about the "legal underpinnings" of the "building search practice" as taught by the ILEA, the ILEA attorney noted the question had never been raised before, but it would be his opinion that the "community caretaking exception" to warrantless searches under the Fourth Amendment was appropriate in Iowa, and has been a long-standing, accepted practice. 5. I found no Iowa, Eighth Circuit Court of Appeals (which includes Iowa federal courts) or United States Supreme Court cases which specifically found that "building search/security checks" were either lawful or unlawful under the Iowa Constitution or the Fourth Amendment to the U.S. Constitution. Nor did I find any cases that are directly on point -- meaning dealing with the set of facts and circumstances presented in the Shaw incident. 6. However, I did find that other states and two major experts have long recognized that police tasks include a wider range of tasks and duties than simply identifying and apprehending criminals, and have both listed "building security checks" as a special exception to the Fourth Amendment which generally prohibits warrantless searches. ® For example, the American Bar Association (ABA) and a leading expert in the legal field of "Fourth Amendment Search and Seizure Law," Professor LaFave, have recognized that either "...by design or default, the police are also expected to 'reduce the opportunities for the commission of some crimes through preventive patrol and other measures,' 'aid individuals who are in danger of physical harm,' 'assist those who cannot care for themselves,' 'resolve conflict,' 'create and maintain a feeling of security in the community,' and 'provide other services on an emergency basis.' An entry and search of premises purportedly undertaken for such reasons as these may sometimes result in the discovery of evidence of crime, in which case a determination of the lawfulness of such police activity is required." LAFAVE, SEARCH AND SEIZURE: A TREATISE ON THE FOURTH AMENDMENT (Third Edition 1996), Section 6.6, page 390 [hereafter "LaFave 1996"] [quoting the ABA Standards for Criminal Justice, at Section 1-2.2.]. e LaFave explains this same "safety/security check" in two earlier versions of his Treatise, namely 1978 and 1987. e In other words, Professor LaFave as early as 1978, and the ABA as of 1980 both explicitly recognized an exception to the general rule of "no warrantless searches of private property without a warrant under the Fourth Amendment,"1 LaFave 1996, page 392. 7. This "building search/security check" is recognized in the U.S. as a law enforcement practice which society expects and demands, see LaFave's §6.6 found in all three treatises on Search and Seizure -- 1978, 1987 and 1996. The reasoning behind this rule has been specifically recognized in three state courts (California, Illinois and Alaska), where the courts find that the vast majority of commercial owners expect the police to be vigilant in protecting property against unwanted intruders, such as when law enforcement officers see a building is unsecured, (open door or unlocked door), see Alaska v. Myers, 601 P.2d 239 (Alaska 1979). ~The Fourth Amendment to the U.S. Constitution states: "The right of the people to be secure in their persons. houses, papers and effects, against unreasonable searches and seizures, shall not be violated and no Warrants shall issue, but upon probable cause. supported by Oaths or affirmation. and particularly describing the place to be searched. and the person or things to be seized." The Fourth Amendment has been applied to the states by reason of a U.S. Supreme Court decision, Mapp v. Ohio, 81 S.Ct. 1684 (1961). Prior to 1961. the Fourth Amendment was thought to only apply to the federal government. 13 8. The Tenth Circuit has specifically rejected the "building search/security check" exception to the Fourth Amendment, United States v. Bute, z~3 F.3d 531, 537-539 (10th Cir. 199z~). In this case, the court ruled that an open garage door in a commercial building presented no "immediate need to protect property," and thus the officers' search was illegal. 9. The United States Supreme Court has recognized the "emergency-aid exception to protect persons," see Mincer v. Arizona, 98 S.Ct. 2408, 2z~12 (1978). In this case, an undercover officer was allowed into a suspect's apartment to do a "drug buy." When the officer heard sounds of gunshots and entered a bedroom, the U.S. Supreme Court ruled that the officer's entry into the bedroom, in order to render aid to preserve life, was a valid exception to the Fourth Amendment. In Michi.qan v. Tyler, 98 S.Ct. 1942, 1950 (1978), the U.S. Supreme Court recognized this same "emergency-aid exception" to protect property [police officers and firefighters permitted to enter burning building to put out fire, as well as investigate cause of blaze]. Note: For additional discussion of recognized exceptions to the Fourth Amendment's general ban on warrantless searches, see discussion below and/or separate instructional materials on Fourth Amendment "search and seizure" law. 10. The United States Supreme Court has also adopted a "community caretaking exception" to the Fourth Amendment, recognizing that law enforcement officers are required to protect personal p~operty, as well as people and dwellings, Cad¥ v. Dombrowski, 93 S.Ct. 2523, 2530 (1973). In the Cady. case, the officers impounded a car to protect the car as well as the community where the owner was drunk, the car was abandoned and constituted a nuisance on the road, and the driver said he was a Chicago police officer known to carry guns. The Cad¥ Court found the car was lawfully towed and the gun was lawfully removed from the trunk -- all as a reasonable means to protect passersby or strangers finding the gun -- now referred to as the "community caretaking exception". 11. Iowa has specifically adopted the "emergency-aid exception" to protect life, State v. Emerson, 375 N.W.2d 256, 258-59 (Iowa 1985), based on both the Iowa Constitution and 14 the Fourth Amendment? In the Emerson case, the court found that a deputy sheriff's entrance into a house to check on the safety of the residents, after defendant called the sheriff and reported "an emergency," was a proper entry into the house under the "emergency-aid doctrine." This was a case of a murder and attempted suicide, and the husband had called the sheriff -- stating there was an "accident out here." Officers found defendant's wife dead and defendant wounded. Because the officers had reason to believe someone was in danger, the Iowa Supreme Court found entry into the house was lawful under both the Fourth Amendment and the Iowa Constitution. 12. Iowa also recognizes the "community caretaking" exception to the Fourth Amendment to protect property and public safety, State v. Mitchell, 498 N.W.2d 691 (Iowa 1993). In Mitchell, the officer had stopped a motor vehicle because the taillight was out. The Iowa Supreme Court found that police officers' duties extend to caretaking and legitimate public safety concerns. Because the officer's investigatory stop of the driver concerned public safety (safe travel), the Iowa Court found the stop was appropriate under the Fourth Amendment. Mitchell, at 694. 13. In a recent application of the "emergency-aid exception" to protect life, namely State v. Carlson, 548 N.W.2d 138, 140-143 (Iowa 1996) [hereafter "Carlson], the Iowa Supreme Court went beyond a mere recognition of "protecting life," but said that this "emergency-aid exception" likely extends to protection of property, Carlson, at 140-41. That is, by quoting 2The Iowa Constitution protecting persons against warrantless searches and seizures reads: "Personal security -- searches and seizures. Sec. 8. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable seizures and searches shall not be violated; and no warrant shall issue but on probable cause, supported by oath or affirmation, particularly describing the place to be searched, and the persons and things to be seized." Iowa Constitution, Article I, Section 8. The Iowa Supreme Court specifically recognizes that both the Fourth Amendment to the United States Constitution and the Iowa Constitution "...protect citizens against 'unreasonable searches and seizures.' The purpose of this protection is to safeguard the privacy and security of individuals against arbitrary invasion by government officials [cite omitted]. It is well settled that, subject to a few carefully drawn exceptions, warrantless searches are per se unreasonable." State v. Carlson, 548 N.W. 2d 138, 140 (Iowa 1996) ["Carlson"]. The United States Supreme Court states the rule much the same as the Iowa Court, namely that searches "...conducted outside the judicial process, without prior approval by judge or magistrate are per se unreasonable under the Fourth Amendment - subject only to a few specifically established and well- delineated exceptions." Katz v. United States, 88 S.Ct. 507, 514 (1967). LaFave with approval, and by noting that police officers "by design or default" are expected to do preventive patrol, the Iowa Supreme Court seems to have acknowledged that the "emergency-aid exception" to the Iowa Constitution and the Fourth Amendment applies to property as well as people, Carlson, at 141. The Carlson Court also noted that the protection of property in the "community caretaking" case of the U.S. Supreme Court, namely Cadv v. Dombrowski, was not limited to car searches, but extended to personal and other property, Carlson, at 141, n. 3. However, the Iowa Supreme Court did not go so far as to say that a building's open door, without more, would necessarily rise to the level of an "emergency exception to protect property." Rather, it seems more likely that the Iowa Supreme Court would establish an "open door plus rule" -- meaning there must be some indicia of danger or criminal activity -- in addition to the open door -- before a warrantless search would be justified. This "open door plus" rule was applied by the Eighth Circuit Court of Appeals (which includes Iowa) in U.S.v. Selber.q, 630 F.2d 1292, 1294 (Sth Cir. 1980), where neighbors called officers to check an open door in a mobile home; but since the neighbors did not have permission to enter the home and there was no evidence of burglary, the officers' entry into the mobile home was illegal. The Selber.cl Court reasoned that since the officer did not have a reasonable belief that an emergency existed, and since there were no other factors indicating suspicious activities, the officers' discovery of an illegal firearm was not admissible in a criminal trial because the search was illegal. Thus, if the police officers in Selber.q had seen or heard some activity other than just an open door, such as criminal activity or danger, the officers' entry into the mobile home might have been a lawful search. 14. Both Iowa and the Eighth Circuit recognize the "emergency-aid doctrine" is distinct from the other exceptions to the Fourth Amendment requirement, because an officers' entry to protect life and/or property is lawful where a reasonably prudent law enforcement officer has reasonable cause to believe that either a person is in need of assistance, or a property is in need of securing against unlawful intrusion, see Selber.q, at 1294. This "objective reasonableness test" is a less stringent test than "probable cause" -- see discussion of "probable cause" in separate instructional materials on the Fourth Amendment. 16 15. The United States Supreme Court generally takes the position that courts should not second-guess law enforcement officers in the context of Fourth Amendment questions, since the officers must make split-second decisions, often with ambiguous facts. Thus, courts are directed to review law enforcement officers' conduct using the "objective reasonableness test," e.g., Connor v. Graham, 109 S.Ct. 1865, 1872 (1989). 17 Fourth Amendment to the U.S. Constitution and Iowa Constitution Protect Persons Against Unreasonable Searches and Seizures 1. The general rule regarding Fourth Amendment searches is as follows: "Except in certain carefully defined classes of cases, the search of private property without proper consent is 'unreasonable' unless it has been authorized by a valid search warrant." Camara v. Municipal Court, 87 S.Ct. 1727, 1731 (1967). Stated otherwise, searches "conducted outside the judicial process, without prior approval by judge or magistrate, are per se unreasonable under the Fourth Amendment -- subject only to a few specifically established and well-delineated exceptions." Katz v. United States, 88 S.Ct. 507, 514 (1967). 2. Recognized "exceptions" to the requirement for search warrants under the Fourth Amendment are: "Exigent circumstances," including - consent - hot pursuit - removal or mobility/car destruction of evidence - inventory/custodial caretaking 3. The "emergency-aid" exception is a separate category for protection of life and property, see discussion above concerning building searches. 4. Iowa follows and relies on the U.S. Supreme Court's application of the Fourth Amend- ment. For example in State v. Brown, 253 N.W.2d 601 (Iowa 1977), the Iowa Supreme Court found that when Cedar Rapids police officers went to the defendant's (Brown) apartment to 18 execute a search warrant for controlled substances, the officers knocked on the door, shouted "police," and heard the sound of running and shuffling. Police then entered, and found the defendant at the edge of the bathroom - with approximately ten packets of heroin on the floor near his feet, and another 38 packets of heroin in his pocket. The Court found that the officers knocked and waited approximately two to five seconds before knocking the door down and entering; and that in the face of possible escape or destruction of evidence, the facts clearly constituted an "exigent circumstance," State v. Brown, at 602-60z~. So while the officers may not have complied completely with the state "knock and announce rule" by not loudly announcing themselves, exigent circumstances existed to justify the officers' entering the apartment, State v. Brown, at 605. But see United States v. Marts, 986 F.2d 1216, 1217 (8th Cir. 1993), where the Eighth Circuit found that less than a five-second lapse after a "knock and announce" was not sufficient under the federal "knock and announce" rule; and that information concerning possible weapons inside the trailer home was not sufficient to constitute "exigent circumstances," and thus the search was illegal. 5. As noted above, Iowa City's long-standing, unwritten practice of building searches/security checks have been treated by ILEA and Professor LaFave as a "community caretaking" exception to the Fourth Amendment's requirement for a warrant prior to conducting a building search. However, there are no Iowa, Eighth Circuit, or U.S. Supreme Court cases that directly answer this question. Nonetheless, I recommend the City Council not return to the old (albeit legal) "open door/security check" practices because of the inherent dangers in conducting building searches. That is, when "protection of property" is weighed against "protection of people," the latter should always take precedence, see Iowa Supreme Court discussion of this in the trap gun case discussed in separate instructional materials on "deadly force." Note: For a more detailed discussion of general "search and seizure" law under the Iowa Constitution and the Fourth Amendment, see separate instructional materials on that topic. 19 Brief Review of Use of Force, Including Deadly Force and Excessive Force 1. The rule on "deadly force" was established by the U.S. Supreme Court in 1985 in Tennessee v. Garner, 105 S.Ct. 1694 (1985) [hereafter "Garner"]. In Garner the court found that shooting a fleeing suspect constituted a "seizure of the person" under the Fourth Amend- ment to the U.S. Constitution, and required application of the "reasonableness" requirement, Garner., at 1699. For the text of the Fourth Amendment to the U.S. Constitution, see Footnote 1 above. In Garner, police officers were responding to a call that a prowler was inside a dwelling. The officer arrived, heard a door slam, and saw someone run across the backyard. The police officer yelled "police, halt." The suspect continued to run and jumped over a six foot chain link fence. The officer thought the man was about 18 years old, and started to chase the young man. Because the suspect did not stop and since Tennessee law permitted the officer to shoot because Garner ran, the officer shot the teenager (Garner) in the back of the head. The young man died. Police later learned Garner was 15 years old, in the seventh grade, and was unarmed. He had taken $10 from a purse in the house. The Garner Court found that the common-law "any fleeing felon" rule adopted by Tennessee in its state code was unconstitutional, and that such state law could not be relied on to justify shooting a suspect who, although he ran to escape, presented no danger to the officer or to other persons in the area. The Garner Court then established the following parameters for all law enforcement officers when they use deadly force: the officer may use deadly force where the suspect is actively attempting to evade arrest by flight; and · where the suspect or person poses a threat of a significant risk of injury to the officer or others, or a serious threat of death to the officer or others; and where feasible, deadly force should only be used after some warning has been given by the officer. Garner, at 1701. Note: For a more detailed explanation of the history of the old common-law rule which permitted shooting "any fleeing felon," see separate "Primer on the Use of Force, Including Deadly Force" prepared for instructional purposes. 2. In 1989, the U.S. Supreme Court expanded Fourth Amendment protections to include excessive force used in an investigatory stop, Graham v. Connor, 109 S.Ct. 1865 (1 989) [hereafter "Graham v. Connor"]. An "investigatory stop" or detention by a law enforcement officer is deemed a "seizure of the person" under the Fourth Amendment when law enforcement actors have "by means of physical force or show of authority...in some way restrained the liberty of a citizen,' Terrv v. Ohio .... 88 S.Ct. 1868, 1879 n. 16 .... (1968)..." Graham v. Connor, at 1871. ® Graham was a diabetic who apparently experienced the beginning of an insulin reaction. He asked a friend to drive him to a convenience store so he could purchase orange juice. A police officer saw Graham quickly enter and leave the store, became suspicious and followed the car. Graham stopped, got out of the car, and sat on the curb. The passenger told the police officer Graham was suffering from a "sugar reaction." Graham passed out. tn the ensuing confusion, a number of police officers arrived. One officer rolled Graham over on the sidewalk, cuffed his hands behind his back, and ignored the friend's plea to get Graham some sugar--explaining he was diabetic. The officers thought Graham was drunk, placed his face on the car hood, and shoved his face against the car. A friend brought Graham orange juice to drink, but the officers refused to let Graham have it. A scuffle resulted, Graham suffered a broken foot and other cuts, and an injured shoulder. The Graham v. Connor Court found that treatment by the officers was a "seizure of the person" under the Fourth Amendment, but the question of whether it was "reasonable" was to be decided on remand (return) to the lower courts. In other words, Graham would not be entitled to money damages until a lower court found the officers had used "unreasonable or excessive force" during the scuffle. ® In this Graham v. Connor case, we were again reminded by the U.S. Supreme Court to use an "objective reasonableness test" in reviewing the conduct of law enforcement officers 21 in the Fourth Amendment context, such as where an officer is claimed to have misused deadly force, or used excessive force, Graham v. Connor, at 1872. The "objective reasonableness standard" means that a court must look to the reasonableness of a particular use of force from the perspective of a reasonable officer on the scene, having the knowledge and experience of a reasonably trained officer, and having all the facts and circumstances then available to the officer. Moreover, the courts "cannot apply the 20/20 vision of hindsight in deciding whether the officer's conduct was objectively reasonable." Graham v. Connor, at 1872. As a practical matter, this means that the officer's conduct will be reviewed based on all the facts and circumstances surrounding each event--without regard to the officer's underlying subjective intent or motivation -- meaning what was actually on the officer's mind at the time. The Graham v. Connor Court explained it this way: "An officer's evil intentions will not make a Fourth Amendment violation out of an objectively reasonable use of force; nor will an officer's good intentions make an objectively unreasonable use of force constitutional." Graham v. Connor, at 1872. ® Finally, the U.S. Supreme Court reminds us that officers must make split-second decisions, further explaining the "objective reasonableness standard:" "The calculus of reasonableness must embody allowance for the fact that police officers are often forced to make split-second judgments--in circumstances that are tense, uncertain, and rapidly evolving--about the amount of force that is necessary in a particular situation." Graham v. Connor, at 1872. 3. In another 1989 decision, the U.S. Supreme Court expanded the definition of "deadly force" to include law enforcement officers' use of a "deadman's roadblock"--which resulted in the death of a suspect who led law enforcement officers on a high speed chase through the County of lnyo, California, Brower v. County of Invo, 109 S.Ct. 1372 (1989) [hereafter "Brower"]. In this case, law enforcement officers made several unsuccessful attempts to stop Brower, and finally set up an 18-wheel trailer-tractor truck across both lanes of a two-lane highway along the road where Brower was driving. It was dark, and Brower's family claimed a police car had its headlights pointed in the direction of Brower's car--so that he would be blinded by the light. The roadblock was clearly intended to stop Brower, and it did. Brower was killed when he collided with the roadblock. 22 The U.S. Supreme Court found in Brower that the officers' use of the roadblock to stop the suspect constituted a "seizure of the person" under the Fourth Amendment, and was subject to th~ "reasonableness" standards of a warrantless seizure. The case was remanded to the lower courts to determine whether the seizure was "unreasonable" as a misuse of deadly force. That is, if the lower court or jury finds the roadblock was an "unreasonable and unjustified use of deadly force," then Brower's family could recover money damages. z~. Although the Brower Court found the roadblock constituted a Fourth Amendment "seizure of the person," the decision has raised questions as to what constitutes a "seizure of the person" under the Fourth Amendment. That is, the decision hints that not all restraints of a person are entitled to the protections of the Fourth Amendment, but only those seizures which are the result of an officer's "intentional acquisition of physical control," Brower, at 1 383 (J. Stevens, concurring). Yet the Court also acknowledged that a seizure "occurs even when an unintended person or thing is the object of the detention or taking .... [cites omitted]...but the detention or taking itself must be willful." Brower, at 1381 [emphasis added]. Justice Scalia explained: In determining whether the means that terminates the freedom of movement [of the suspect or person being chased], it is the very means that the government intended we cannot draw too fine a line, or we will be driven to saying that one is not seized who has been stopped by the accidental discharge of a gun with which he was meant only to be bludgeoned, or by a bullet in the heart that was meant only for the leg. We think it enough for a seizure that a person be stopped by the very instrumentality set in motion or put in place in order to achieve that result. It was enough here, therefore, that, according to the allegations of the complaint, Brower was meant to be stopped by the physical obstacle of the roadblock--and that he was so stopped." Brower, at 1382.3 5. The Eighth Circuit Court of Appeals (which Includes Iowa) follows the Garner/Graham/Brower "objective standard" for reviewing claims of misuse of deadly force, and also for excessive force cases, Cole v. Bone et al., 993 F.2d 1328 (Sth Cir. 1983); 3The Brower Court clearly left a number of questions for another day. For example, some federal courts are finding that "innocent bystander" injuries constitute "seizures of the person" under the Fourth Amendment, and must be subject to the test of "reasonableness." Other circuits have found that such injuries must be analyzed under the "shocks the conscience/substantive due process analysis." See Note: When an Innocent Bystander Who Is Iniured By a Police Officer Can Recover Under Section 1983, 25 MEM. ST. U.L. REV. 781 (Winter 1994). Suffice it to say for purposes of this Report, these issues remain unsettled law. 23 Ta.qstrom v. Pottebaum, 668 F. Supp. 1269 (N.D. Iowa 1987); Schulz v. Lon.q, 44 F.3d 643 (8th Cir. 1985). For a more complete explanation of these excessive force cases, see separate instructional materials on "deadly force." 6. There are no Iowa or Eighth Circuit cases on the question, but one circuit finds use of canine units constitutes a "use of force" -- to be reviewed under the Fourth Amendment "reasonableness standard," Chew v. Gates, 27 F.3d 1432 (9th Cir. 1994). Some Iowa cities who use canine units consider them to be "use of deadly force." 7. Courts do not look favorably upon policymakers who take a"stonewalling position" after use of deadly force incidents. Although there are no Iowa, U.S. Supreme Court or Eighth Circuit cases on this issue, some courts recognize that once a law enforcement department or office becomes aware of officers' misconduct or misuse of power, the departments or the policymaker's silence or refusal to correct actions may result in city liability (in addition to the officer's liability), Grandstaff v. City of Bor.qer, Texas, 767 F.2d 161 (5th Cir. 1985). This law is important to Iowa City, since several circuits--including the Eighth Circuit, apply a similar rule to discrimination cases. That is, the courts look to how a municipality, its depart- ment heads and its policymakers respond to an incident after the incident has occurred--in order to determine whether the city, the policymakers, or the police chiefs have approved, either by silence or inaction, the abuse or reckless use of deadly force or excessive force, thereby making the municipality, as an entity, liable under 42 U.S.C. §1983. As noted above in the Summary, Iowa City did not fall into this "stonewalling" trap, but the facts of the Texas case deserve retelling. ® In Grandstaff, which comes out of a Texas City in the Fifth Circuit, James Grandstaff lived in a house at the end of a road that went into a private ranch. Sometime in the early morning around 4 a.m., two City of Borger policemen signaled the driver of a pickup truck to stop. The officers thought the driver was a known fugitive. When the driver refused to stop, three police cars gave chase at high speeds, with the driver eventually turning from the highway into the 6666 Ranch. Three police cars were joined by two more at this point. James Grandstaff and his family were awakened by the noise of gunfire, which the officers were aiming at the pickup truck containing the suspected fugitive. Grandstaff was then a foreman of the Ranch, and lived there with his wife, daughter, and two stepsons. Grandstaff 24 went to the window of his house, saw the police flashing lights, and heard commands being shouted over a loudspeaker. He quickly dressed and drove his own pickup down the road approximately 100 yards to investigate the problem -- and as the court noted "no doubt thinking himself safe in the presence of so many law enforcement people," Grandstaff, at 165. After Grandstaff reached the police cars, he saw the pickup and heard the call on 'the police loudspeaker for the suspect to come out with his hands up. Grandstaff then drove back to his house, to warn his family that police were after someone who could possibly be making their way toward the home. Grandstaff returned to his own pickup to assist the police officers. As his pickup reached the patrol cars for a second time, the officers opened fire on him from two sides. He managed to get out of the pickup, but was shot in the back with a high powered rifle. Grandstaff was dead before he could be taken to the hospital. An hour later, the wounded suspect was found near the highway, having hidden in an outbuilding near the Grandstaff home. At the time of the shooting, there were five police cars in a line, manned by six City of Borger policemen--which constituted the entire night shift. All the officers were heavily armed, and Grandstaff's family sued four of the officers and the city for civil rights violation under 42 U.S.C. § 1983, requesting money damages and attorney fees. In response to the lawsuit and the incident, the police chief and the officers stated their actions were in compliance with state law, they saw a target, and they fired. They made no changes in policy or practices, but only denied liability for monetary damages. The Grandstaff Court concluded: "The City and officers insist, to this day, that they are free of fault and deserve no blame. They display no sense of obligation other than to this joint disclaimer and defense. There is not a single word in this record [trial record] about any effort at any time by the City of Borger to avoid police failure or abuse." Grandstaff, at 166. In finding the city liable as an entity, the Fifth Circuit's language was even stronger: "The disposition of the policymaker may be inferred from his conduct after the events of that night. Following this incompetent and catastrophic performance, there were no · ~ 25 reprimands, no discharges, and no admissions of error. The officers testified at the trial that no changes had been made in their policies. If that episode of such dangerous reck- lessness obtained so little attention and action by the policymaker, the jury was entitled to conclude that it was accepted as the way things are done and have been done in the City of Borger. If prior policy had been violated, we would expect to see a different reaction. If what the officers did and failed to do on August 11,1981 was not acceptable to the police chief, changes would have been made .... As subsequent conduct may prove discriminatory motive in a prior employment decision, see McDonnell Douglas Corp. v. Green...93 S. Ct. 1817, 1824...(1973) .... so the subsequent acceptance of dangerous recklessness by the policymaker tends to prove his preexisting disposition and policy." Grandstaff, at 171. As a general matter, it is very difficult to find liability against a municipal entity based on a single incident and the inactions of one policymaker, but the Grandstaff4 case is a good example of how such liability might occur. ® Please take note that Iowa City Police Chief Winkelhake's response and review of the Department's practices on "open doors," plus the Chief's ordering an internal review of the matter which recommended disciplinary action, together with the City Council's acknowledgement of responsibility for the death of Eric Shaw, and the Council's efforts to adopt a police citizen review board and timely settlement of the claim were all affirmative, positive steps taken by Iowa City policymakers to avoid the trap that befell the City of Borger in the Grandstaff case. 8. Iowa generally follows U.S. Supreme Court and federal cases concerning use of deadly force, e.g., Katko v. Brinev, 183 N.W.2d 657 (Iowa 1971), which is the famous trap gun case of 1971, which held citizens cannot use deadly force to protect property alone, but may use deadly force to protect persons -- if confronted with deadly force. Iowa has specifically prohibited spring or trap guns by state law, §704.4, Code of Iowa (1 981) and (1 997). The common law rule concerning use of reasonable force and "meeting force with like force" is codified in state statute, §704.1, Code of Iowa. 4The Eighth Circuit Court of Appeals has adopted the Grandstaff rule concerning "actions taken after an incident," see Keller v. Truska. 694 F. Supp. 1384, 1388 (E.D. Mo. 1988) [court agreed with the principles set out in the Grandstaff case in dicta, meaning the statement is instructive, but not controlling]. 26 9. Although Iowa statutes loosely follow the rules set out in Garner regarding "deadly force," see §804.8, Code of Iowa (1997), compliance with state law does not necessarily mean compliance with constitutional law. This rule was made very clear by the U.S. Supreme Court in 1985, see discussion dealing with Tennessee v. Garner above. However, if the constitutional law is "unsettled" and unclear to a reasonably prudent and competent law enforcement officer, the officer will be protected from §1983 claims by reason of a "qualified immunity defense," see below for further discussion of §1983 law. See also separate instructional materials on general § 1983 constitutional law. 27 Brief Review of General § 1983 Law Concerning Civil Constitutional Violations 1. The federal statute of 42 United States Code (U.S.C.) §19835 was passed in the late 1800s after the Civil War. The statute was originally designed to deal with racial discrimina- tion; but during the 196Os, attorneys rediscovered the statute. Section 1983 is a civil federal remedy that provides for monetary damages (and sometimes injunctive relief) where a plaintiff can prove, by a preponderance of the evidence, that their federal statutory or constitutional rights have been violated by government actors. Please note that this report deals only with civil constitutional rights and/or violations--not criminal. That is, criminal prosecution of state criminal matters (above the level of simple misdemeanors) fall outside my purview as legal advisor to the City, but do fall within the jurisdiction of the Johnson County Attorney. Also, matters of federal criminal prosecution for civil rights/violations, e.g., 18 U.S.C. § §241 and 242, fall within the jurisdiction of the U.S. Attorney for the Southern District of Iowa (Don Nickerson) and the federal Department of Justice -- headed by U.S. Attorney General Janet Reno. 2. Because the City is "the government," City employees -- including police officers -- are "government actors" for purposes of §1 983 claims, see footnote 5. 3. Only violation of constitutional rights or federal statutes give rise to civil §1983 claims -- for which a' successful party is entitled to money damages. Most constitutional rights are found in case law (court decisions) interpreting both state and federal constitutions. This means "constitutional rights" are not easily located in a code book, such as the Code of Iowa. 4. Violation of state law does not necessarily rise to the level of a civil §1983 constitutional 542 U.S.C. §1983 reads as follows: "Every person who under color of any statute, ordinance, regulation, custom, or usage, of any State or Territow or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia." §1983 was originally thought to apply only to the federal government, but in 1961 the United States Supreme Court found that the term "person" included state officers acting in their official capacity, Monroe v. Pape, 365 U.S. 167 (1961). In 1978, the Court further expanded §1983, enabling citizens to sue cities and counties, Monell v. Dept. of Social Services, 436 U.S. 658 (1978). 28 claim, Davis v. Sherer, 104 S.Ct. 3012, 3018 (1984). Nor does an officer's violation of a departmental rule mean a § 1983 constitutional violation has occurred, Id. 5. A § 1983 claim does not require that any specific intent be shown, but only that the injury to constitutional rights is reasonably foreseeable by the government actor. This rule applies to constitutional claims on the theory that a person should be responsible for the natural consequences of their actions. Monroe v. Pape, 365 U.S. 167, 187 (1961). Moreover, where judges give jury instructions that a §1983 claim requires "specific intent to cause constitutional injury," the reviewing or appellate courts find such jury instructions are in error -- meaning the case is retried, see Caballero v. City of Concord, 956 F.2d 204, 205-206 (9th Cir. 1992). 6. A negligent shooting, without more, does not state a §1983 claim, Rinker v. County of Napa, 831 F.2d 829 (9th Cir. 1987) [negligent shooting of suspect in a drug raid did not constitute a constitutional violation]. In the Rinker. case, the court gave the wrong jury instruction, namely that "lack of due care" (simple negligence) was sufficient to create liability under § 1983. Because the jury instruction was wrong, the case was returned to the lower court for retrial, Rinker, at 831. 7. "Gross negligence" is not enough to state a § 1983 claim, although some courts hint that "recklessness" may rise to the level of a constitutional claim, e.g. Archie v. Citv of Racine, 847 F.2d 1211 (7th Cir. 1988). Also, in Keller v. Truska, 694 F. Supp. 1384, 1387 (E.D. of Mo. 1988), one federal court (located within the Eighth Circuit) noted that the level of culpability -- including "recklessness" -- was a question specifically left unanswered by the U.S. Supreme Court in Davidson v. Cannon, 474 U.S. 344 (1986), see Keller., at 1387. 8. Cities cannot be liable based solely on unconstitutional conduct of lower level employees, Monell v. Dept. of Social Services, 436 U.S. 658 (1978). But where a claim is made that the city's official "customs, policies or practices" caused the constitutional violation, a § 1983 claim can be directly asserted against the city as an .entity, Monell, supra. 9. One method of establishing an unconstitutional "custom, policy or practice" is an assertion of inadequate training. The United States Supreme Court has recently set a very high standard of proof to establish when a city can be liable for "inadequacy of police training." That is, the claimant must show, by a preponderance of the evidence, that the failure to train amounts to "deliberate indifference" to the constitutional rights of persons who are affected by the lack of training, City of Canton v. Harris, 489 U.S. 378 (1989). I found no cases in Iowa or the Eighth Circuit which have ruled that a city or county is liable for inadequate training under §1983. Moreover, based on my review of the law and Iowa City's training policies and practices, there is no showing that Iowa City acted "with deliberate indifference" to training needs. 10. A § 1983 action filed against a law enforcement officer in their official capacity is actually an action against the city or entity, and is intended to impose liability on the entity, Brandon v. Holt, 469 U.S. 464 (1985). Where the officer was acting in their official capacity as a law enforcement officer under federal law, and was acting within the scope of their employment under state law, any unconstitutional conduct would, as a practical matter, be the responsibility of the city or entity. This rule holds true because Iowa City has a legal duty to defend law enforcement officers against civil claims, including constitutional claims, if the officers are acting within the scope of their employment, Chapter 670, Code of Iowa (1997). Iowa law takes a very broad view of "scope of employment," so even if an officer exceeds their authority, the courts find they should not be subjected to personal liability -- but rather, the entity should pay, Monroe v. Pape., 365 U.S. 167 (1961); U.S.v. Farmer, 400 F.2d 107 (8th Cir. 1968). As a practical matter, this means that an officer sued in their official capacity in Iowa is entitled to be defended and indemnified, unless found by a, civil court or civil jury to have acted with "willful" or "wanton" conduct, §670.12, Code of Iowa (1997). 11. Law enforcement officers are also protected by a "qualified immunity" if their conduct, when viewed under the facts and law then known to them, did not violate the person's constitutional rights which were clearly and legally settled at the time. Harlow v. Fitz.qerald, 457 U.S. 800 (1982). The courts apply an "objective test" to the officer's conduct, meaning whether a law enforcement officer, who is reasonably well trained, would have understood the person's constitutional rights at the time, and acted similarly under the same or similar facts and circumstances. Anderson v. Creighton, 483 U.S. 635 (1987). Another way of explaining this police officers' "qualified immunity" is this: where courts find that reasonable 30 officers could disagree on whether certain actions were appropriate and lawful, courts will generally find that the officer is entitled to the protection of qualified immunity against § 1983 claims, Mailer v. Bri.q.qs, 475 U.S. 335 (1986). 12. Applying this immunity law to the facts of the Shaw claim, the immunity would likely extend to the "building security" check, but not to the firing of the weapon. t3. No such immunities are available to cities or counties, Owen v. City of Independence, 445 U.S. 622 (1980) [municipality may not assert a good faith defense to a §1983 action]. However, cities are immune from punitive damages, City of Newport v. Fact Concerts, Inc., 453 U.S. 247 (1981). 14. The general "American rule" as to who pays the attorney fees was reaffirmed in 1975, whereby each party in a lawsuit bears the cost of their own attorney fees unless there is some statute stating otherwise, Alaska Pipeline Service Company v. Wilderness Society, 95 S.Ct. 1612 (1 975). In response to this 1975 decision, Congress enacted the Civil Rights Attorney Fees Awards Act of 1976, authorizing reasonable attorney fees to prevailing parties in §1983 claims. This statute was later codified as 42 U.S.C. Section 1988. Attorney fees are now awardable for claimants who are successful on §1983 claims, even though the claimants "prevail" on only one portion of their claim, Hewitt v. Helms, 107 S.Ct. 2672, 2675 (1987). This rule holds true whether claimants settle or go to trial. See instructional materials on general §1983 constitutional claims for further discussion of police civil liability. 31 Display of Weapons as "Use of Force" Viewed Differently by Federal Courts 1. There are no U.S. Supreme Court cases, Iowa cases or Eighth Circuit cases which treat a drawn weapon as a "use of deadly force." The only Eighth Circuit case I found was United States v. Padilla, 869 F.2d 372 (8th Cir. 1989), where an officer arrested Padilla and a friend, William Chippas, for trafficking in cocaine. John Lett was acting as an informant for the federal government and was a friend of Chippas. After an "arranged" drug sale, Chippas and Padilla were arrested in a hotel room. Additional police officers entered the hotel room, and Chippas became angry, claiming his friend, John Lett, had betrayed him and threatened to "get even." In response to this and after arresting and handcuffing Chippas, federal agent Stoddard held a loaded revolver under Chippas' chin, and warned him not to carry out any threats against John Lett (the government informant). The Eighth Circuit Court of Appeals found that this single act of holding a gun under Chippas' chin did not establish that Chippas had been treated with outrageous conduct. The Court also found this single incident of so-called "police brutality" was not sufficient to state a § 1983 claim, U.S.v. Padilla, at 379. 2. There is no uniform "rule" set by the various federal courts as to whether a drawn weapon constitutes a "seizure of the person" under the Fourth Amendment. However, one decision in the Seventh Circuit, which includes Illinois, treated a drawn weapon as a "use of deadly force" and thus applied the deadly force "objective reasonable test" under the Fourth Amendment, Alto v. City of Chicago, 863 F. Supp. 658 (N.D. III. 1994). 3. The various federal courts are still deciding whether a drawn weapon, which may temporarily stop a person from leaving the area, constitutes a "seizure of the person under the Fourth Amendment." For this reason, I can only report this body of law is still evolving. 32 To conclude, the instructional materials are public records, but I have not included them here. Copies are available upon request. Attachment CC; City Manager Police Chief Asst. City Manager City Clerk City Attorney Office Staff ILEA Faculty City Attorneys Contacted Regarding Building Searches William F. Sueppel and William J. Sueppel, Iowa League of Cities Inw\police\report2.pol JAN-31 97 10:5~ FROM:DAU CITY ADMIN T0:~193565~9 OSE OF CANINE UNITS - II General rules for other than K-9 off£cers/handle~s at variou, 1. Secur~ ~he area as well a~ possible ~n~il the K-9 ~it arrives. 4. A~sie~ the K-9 U~it on%y as re~ee=ud by th~ K-~ offic~/h~dler. Use ~ON SENSE wbe~ ~rking with the K-9 Unit Keep away fr~ wind~e and doors. 7. Kee9 loud noises and talk to an ~eolut~ min~ ~ ~ K-9 Unit work~g. Extin~l~h all lights and lighting (flashli~t~, 9, Keep area clear of all civilian ~eonnel. 10. When ~ ~r~st Is made, the originating unl~ or units assisting the K-9 Unit will %ake over and =r~s~ ~d ~k t~e sus~(e). USE OF ~I~ ~ITS - office~ arriving fare= at the scene should se~r~ ~e ~sa as ~est as ~es~le ~d call for th~ K-9 UnlC. ~y other unite arriving b~fore the K-9 Unit ~hould bu used =o ee~r~ Che ~. 2. Ent~ into ~h~ building will not be made unless a aupe=vi~or o~ scene de=e~in~e othe~ise, Cont~nation of th~ ~u0ide ~ea o~uld bu kept Co a ml~ so as not to con~sm ~he d~. The officers on the outside of the building will noU enter building aC any =ime unlesu specifically asked by Cho K-9 along with any outside dis=ra~ing lights. If there is an apprehension ~d~ by the K-9 Unit, the officer/handlur will re~eet assistance If needed. He wall then tu~ ~he su~ec= to the handling officer(s). The K-9 of~&cer/handler w&~l be responsible for any =upplemen=ary r~9ort on his unit'~ March 27, 1997 DRAFT Thomas J. Miller Attorney General, State of Iowa Department of Justice Hoover Building Des Moines, IA 50319 Re: Request for Release of Public Information: DCI Investigative Report #9609424, Dealing with the Eric Shaw Incident Dear Tom: Pursuant to Section 22.2(1 ), Code of Iowa (1997), the City of Iowa City hereby requests release of the DCI Investigative Report #9609424, dealing with the Eric Shaw death which occurred in Iowa City on August 30, 1996. The City requests release of the DCI report as a public record -- since Iowa case law contemplates that where police misconduct is at issue, both the legal custodian of the record and the courts must apply a balancing test weighing the DCI's "exami- nation" against any public harm which might be created by disclosure of the report. As I am sure you are aware, a recent Iowa Supreme Court decision found that where police misconduct is claimed and a balancing test is applied, the integrity of the DCi's investigative reports give way to public disclosure - because community concern over allegations of police brutality outweigh any public harm resulting from disclosure, Hawk Eye v. Jackson, 521 N.W. 2d 750, 754 (Iowa 1994). It is therefore my considered (albeit gratuitous) opinion that since the DCI investigation is no longer "on-going," and since there are no DCI officers being subject to "examination" by a court of law under §622.11, Code of Iowa, that the custodian of the DCI report is required to apply the balancing test set forth in Hawk Eye, 752-754 [on-going criminal Mr. Thomas J. Miller March 27, 1997 Page 2 investigation cannot be hindered where investigation complete]. Moreover, any reliance by the DCI on Section 622.11, Code of Iowa (1997) in the Shaw case is, I believed, misplaced m since no DCI officer is being subject to "examination" by deposition, trial or other judicial tribunal. In other words, absent a trial of some sort, reliance on Chapter 622's "official privilege" is misplaced. I note from a letter directed to Johnson County Attorney J. Patrick White from Assistant Attorney General Jeffrey D. Farrell, that the DCI relies heavily on a 1984 case which also involved an on-going DCl investigation -- but where there was no claim of police misconduct, State Ex Rel. Shanahan v. Iowa District Court, 356 N.W. 2d 523 (Iowa 1984). Again, the DCI's reliance on this case to justify the continued status of the DCI report as a "confidential record" is misplaced - since the City's request for release to the public does not entail an "examina- tion by a court or other judicial tribunal," Shanahan, at 527-528. Moreover, there was no claim of police misconduct in the Shanahan case, so Shanahan is not controlling - as Mr. Farrell suggests. See also Shannon v. Hansen, 469 N.W. 2d 412,415 (Iowa 1991) [release of police records and witness statements, including investigative police reports, requires a balancing test]. In sum, if the Iowa public records law does not mean the public is entitled to information surrounding events which even the Johnson County Attorney has described as "police miscon- duct," then when does the public have a right to know? Mr. Thomas J. Miller March 27, 1997 Page 3 To conclude, we believe that Iowa caselaw indicates that once the DCI investigation is com- plete and is no longer on-going, the DCI may not rely on the rationale that disclosure might prejudice or jeopardize the criminal investigation, as contemplated in Section 22.7 (5), Code of Iowa (1997). Rather, we suggest the custodian must take the next two steps according to the case law: first, engage in the balancing test concerning police misconduct claims under Hawk Eye; and second, if the answer weighs in favor of public disclosure, then redact (edit or remove) the confidential portions of the DCI report -- in order to permit release of the remain- ing record as a "public record," Des Moines School District v. Des Moines, Register, 487 N.W. 2d 666, 671 'Iowa 1992). [See my memo dated October 11, 1996, as as example of this process.] With this law ~n mind, the City Council for the City of Iowa City hereby makes the following formal requests: Upon convening of a grand jury expected to occur in early April 1997 (if such does occur in Johnson County), and in the event no state criminal charges are prosecuted, the City Council requests release of those portions of the DCI report which, after redaction of confidential information, constitute public records under Iowa law, which portions are subject to public disclosure as a matter of legitimate public concern, Hawk Eye, at 753-54; Des Moines School, at 671. Alternatively, once the Federal Department of Justice and U.S. Attorney's office com- plete their investigation into potential criminal/civil rights charges arising out of Eric Shaw's death, the City Council requests that the DCI, as legal custodians of the report Mr. Thomas J. Miller March 28, 1997 Page 4 noted above, release the portions of the DCI report which can be deemed a "public record" -- again having redacted those confidential portions as contemplated in Des Moines School District v. Des Moines Register, 487 N.W. 2d 666, 671 (Iowa 1992). In conclusion, we believe the Iowa Supreme Court, if need be, would err on the side of public disclosure, as they did in the Hawk Eye case: "There can be little doubt that allegations of leniency or cover-up with respect to the dis,::~lining of those [police officers] sworn to enforce the law are matters of g~eat public concern .... Appellants nevertheless claim that the newspaper's need for disclosure is slight because the same information could have been gained from trial testimony or the newspaper's own private interviews. It is true that existence of an alternate means of access to essentially the same information is a factor to be weighed in determining ~hether disclosure is warranted [cite omitted]. But motivating the newspaper's claim is its concern that the information contained in the DCI report may not be similar to that revealed at trial or secured by reporters outside the courtroom. That suspicion is only strengthened by the jury's verdict. So long as it [the newspaper] is barred from seeing the report, the newspaper is effectively prevented from assessing the reasonableness of the official action .... " Hawk Ey_~., at 754. Mr. Thomas J. Miller March 27, 1997 Page 5 The Iowa Supreme Court concluded with the following: "Under the unique facts of this case, any public harm created by the disclosure of the DCI investigative report is far outweighed by the public harm accruing from its non-disclosure. The district court's order compelling disclosure is there- fore affirmed." Id_.~. Thank you for time and interest in this matter, and we look forward to hearing from you soon. Respectfully submitted, Linda Newman Woito City Attorney Naomi J. Novick Mayor CO: City Clerk City Manager Assistant City Manager Johnson County Attorney Inw\miller. City of Iowa City MEMORANDUM Date: March 28, 1997 To: From: Re: The Honorable Mayor Naomi J. Novick and Members of the City Council Linda Newman Woito, City Attorney ~ Information from Professor Baldus Concerning PCRB Proposal I have been requested to circulate the attached memo. I believe Professor Baldus, a faculty member from the University of Iowa College of Law, plans to attend your April 1, 1997 meeting to discuss the police citizen review board composition and powers. Attachment CC: City Clerk City Manager Assistant City Manager Dennis Mitchell, Asst. City Attorney PCRB File tp4-1 Date: To' From March 18. 1997 Linda Woito, Ci¢' Attorney, City of Iowa Citv Dave Baldus, College of Law, U. of I. Re: Your PCRB proposal I have a couple of additional thoughts about your proposal after hearing the discussion at the City Council meeting last Saturday. In terms of the role of the proposed review board, I think it is useful to distinguish between its possible "powers" and "duties" in terms of conducting investigations and deciding (i.e., making recommendations about) specific cases. It strikes me that the board should have a nondiscretionary and absolute duty to decide any case that a citizen or police officer appeals to it from a decision of the PC. This requirement will give the citizen or police officer in such a case a "right" to a board decision, rather than leaving it to the discretion of the board whether or not to take the case and render a decision. In the cases in which the PC delivers a decision that is not appealed by one of the parties, I think it appropriate that the PC be required to transmit his decision to the board, as a matter of course, so the board can maintain oversight of all PC decisions involving citizen complaints, regardless of the outcome. Moreover, in such cases, I believe that the board should have the power to take jurisdiction of the case and to conduct the investigation and to make the recommendation to the PC that it deems appropriate. I think it is also important that the board have no discretionary power to make a recommendation to the PC on the merits of a complaint filed with the board, until the PC has made a recommendati. on in the case. This limitation represents an important recognition of the status and expertise of the PD. In the same way that the status of the board should not be limited by super-majoritarian voting requirements, the PD and the PC should be given the opportunity to apply, in the first instance, their expertise to cases raised by citizen complaints. Finally, I think it is important to empower the board to investigate (as distinguished from "deciding") cases in which citizen complaints have been filed, whenever it thinks such action is in the public interest. I expect that in routine cases, the board will defer to the internal investigation of the PD and await the PC's decision before determining whether to undertake or request any additional investigation. However, in cases that raise significant public concern or concern on the part of the board, it should have the power to initiate an investigation to get the story while it is fresh and to preserve the available evidence. Johnson County BOARD OF SUPERVISORS Sally Stutsman, Chairperson ;roe Bolkcom Charles D. Duffy JOINT MEETING Jonatha~ Jordakt JOHNSON COUNTY BOARD OF SUPERVISORS/ Stephen P. Lacina CITY COUNCIL OF IOWA CITY/ IOWA CITY SCHOOL BOARD AGENDA Wednesday, April 2, 1997 Plum Grove Room, Westfield Inn 4:00 - 6:00 p.m. 1. Southwest Area Development Economic Development Airport Master Plan Southwest Interceptor Sewer*/Bob Wolf 2. SEATS Computer update Contract discussions 3. Strategies for overall coordination for long term planning Potential School Sites Streets, costs, capital projects, recreation, parkland, neighborhood parks, trails, etc. Senior Center Parking Contract Nutrition Committee representation Share the Road Program (Signs on county roads) Woods Quality Center/TQS Total Quality Initiatives* TIF's Updates: De-categorization ADA Compliance Workshop* Emergency Preparedness (Possible program scheduling) Safe Cities/Safe Communities Telecommunications Act* Local Option Sales Tax/School Bonding Schedule Next Meeting 6. 7. 8. Denotes supportive material included in packet 913 SOUTH DUBUQUE ST. P.O. BOX 1350 IOWA CITY, IOWA 52244-1350 TEL: (319) 356-6000 FAX: (319)356-6086A~0 oo March 12, 1997 Bob Wolf Lake Ridge Inc. 2527 South Riverside Drive Iowa City, Iowa 52246 CITY OF I0 WA CITY Re: Willow Creek Interceptor Sewer Dear Mr. Wolf: Thank you for your letter of February 27, 1997, regarding the proposed Willow Creek Interceptor Sewer Project. The City intends to design, construct, and operate this Sewer system in a sound environmental manner consistent with all applicable regulations. This sewer will provide capacity for the entire southwestern area of Iowa City and as such will provide groundwater protection from septic tanks and other private sewerage systems. The sewer routing is currently under consideration as part of the final design phase of the project. The route will be as far north as consistent with airport constraints. For your information, the Iowa Department of Natural Resources requires a separation distance between a public water supply shallow well and a sanitary sewer of 75 feet. The actual separation distance will probably be approximately 800 feet. The sewer profile must provide adequate depth to serve the entire drainage area. The exact depth requirement will be determined during final design. Soil borings will be taken along the reute of the sewer. The type of soil encountered will determine the contractors construction methods and trench dewatering methods. In sandy soils the construction dewatering method is usually well points. This method minimizes the water table drawdown and the distance over which this drawdown occurs. The construction specifications will include dewatering requirements with which the contractor must comply. The sewer pipe material and pipe joints must both provide a relatively leak free system. Iowa Department of Natural Resources list acceptable pipe materials and allowable leakage rates. These leakage rates are very low and require verification testing after construction. The pipe material will probably be either reinforced concrete pipe lined with pvc sheet or fiberglass pipe. I trust this alleviates your concerns about the construction and use of the Willow Creek Interceptor Sewer. I do believe, however, you are justified in having concerns with the future quality of your well water. Consider the following; · The lake on your property was created years ago from sand mining. Heavy earth moving equipment was and is used in mining and delivering sand. It was common practice for 410 EAST WASHINGTON STREET · IOWA CITY. IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-5009 heavy equipment operators and owners to perform routine maintenance on site. On site oil disposal and spillage was common. As an example, the City purchased a sand mining site north of Iowa City as a raw water source and treatment facility. After purchase of the site, the City examined the surface of the site and found oil spillage. The contaminated soil was removed by the sand plant operator and disposed of properly. The area around the Lake Ridge lake remained unoccupied and unsupervised for many years after sand mining operations ceased. Iowa City has received calls over the years from people complaining about illegal dumping in and around the lake. I understand as part of your site development, a considerable amount of wood waste was dumped into the lake to create an environment suitable for game fish. If water from the lake is being drawn through your wells, as you indicated in your letter, organic contaminates from the wood waste may also be drawn into your wells. The development of Lake Ridge Inc. includes several hundred feet of private sanitary sewer pipe adjacent to a portion of the lake. The sewer pipeline consists of lateral sewers and service lines. These sewers have a much higher probability of plugging, flowing under pressure, joint separation, and settlement than a large interceptor sewer line. These factors render your development's sanitary sewer collection system much more likely to contaminate your well water than the City's Willow Creek Interceptor Sewer. Lake Ridge Inc. has an on site wastewater treatment and disposal facility. This facility consists of a treatment plant located adjacent to the lake, a force main located adjacent to the lake, and a discharge pipe located near the lake. The effluent from this facility, with a lower permitted discharge quality than Iowa City's permitted discharge quality, flows directly into Willow Creek which borders the lake. Lake Ridge Inc. proposes a commercial development in close proximity to the wells. This development if within two hundred feet of the wells or lake may become a source of well water contamination. We appreciate your interest in Iowa City's Willow Creek Interceptor Sewer project and welcome your continued inquiries in the future. Sincerely, , // /'" Charles J. ~chmadeke Director of Public Works CC: City Manager City Council Board of Supervisors Iowa Department of Natural Resourses State of Iowa Iowa City Airport Commission Johnson County Agricultural Association Stanley Consultants Pershell Corporation Tom H. & Karen VVilliams Harold John Dane Jr. John B. Jr. & Betty J. Maxey Barton Oakey & Carmela Schuchert Eugene H. & Linda J. Schuchert Ace Auto Recyclers, Inc. Gordon J. & Angeline M. Russell VVilliam S. & Rita Marie Moeller Bertha Rogers Hubbard Milling Company Earl L. Riley Robert D. Bothell Barbera Sternad Karin Franklin February27,1997 LAKE RIDGE~ INC. IOWA CITY, IOWA 52~'46 r AR 1 4 997 CITY MANAGER'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 between the highway (South Riverside Drive) and the lake and south of the Colonial Lanes bowling alley. The well water is pumped fi'om a 40 tbot 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. 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 acquirer. Mr. Chuck Schmadeke Page 2 February 2'7, 1997 Will you please keep me informed of the progress of this project? Sincerely, RobertH. Wolt . / CC: Johnson County Board of Supervisors & Health Department Steve Atkins & 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 & Carmela 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 Stemad .,..,~ ......:,.~,,~....,,,.:...~ ........,.,.. ·. .., ,.~ ':~ ~,~ ' LATTA ELL&PUMP OLD HIGHWAY #6 EAST R. ~2 - BOX 21 WILTON, IOWA 52778 (319) 732-3721 LAKE RIDGE 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 san~--mediumto coarse sand--medium to coarse sand--medium to coarse sand--mediumtocoarse sand--medium to coarse sand--medium to coarse sand--medium to coarse gray clay NORTH WELLRECORD 57'-8" steelwell casing set 41' 10'-o020 slot stainless st'eel screen teleScope size static mater level 11' test pumped.275gl~n se~ pump.30' top of packer 43' Johnson Coun' y Agricultural Association Joh, son Count>, t-N & FFA 4265 Ook Crest Hill Rood SE low(] City, IA 52246-5881 Phone (519)557-5865 FAX (519)557-7864 March 13, 1997 Mr. Chuck Schmadeke Public Works Director Civic Center Iowa City, Iowa 52240 Dear Chuck: The Johnson County Agricultural Association w'buld like to respond to a letter sent to you by Robert H. Wolf dated February 27, 1997. The letter written by Mr. Wolf expressed his concern about the construction of the Willow Creek sanitary interceptor and the sensitivity of the environment in the area located on the south perimeter of the airport. The Ag Association also has a concern about this sensitivity and the water quality in the area. The Association manages the 4-H Fairgrounds located at 4265 Oak Crest Hill Road, SE. The fairgrounds has approximately 6 shallow wells with depths in the area of 50-100 feet. The level of the water table and the quality of the water supply in the area is excellent. The proposed construction on the south side of the airport raises concerns that Robert Wolf has addressed. We support the considerations mentioned in his letter, those being, moving the site farther north, raising the elevation or special construction considerations. If you have any questions please contact us. Please keep us informed of the progress of the project. Sincerely, Robert Miller Fairboard President Gene Mohiing Fairboard Secretary cc: Johnson County Board of Supervisors & Health Department Robert H. Wolf OFFICE OF THE CITY TREASURER First Floor, City Hall 50 Second Avenue Bridge Cedar Rapids, IA 52401-1256 (319) 398-5003 FACS: (319) 398-5142 CEDAR RAPIDS February' 27, 1997 Honorable Mayor Novick 410 East Washington Street Iowa City, IA 52240-1826 Dear Mayor Novick: FEB 8 997 CITY MA GER'$ OFFICE I would like to tha2k you for giving me the opportunity to present information about the Woods Quality Center and the City of Cedar Rapids' total quality initiatives CrQS) to you and your colleagues on February 26. I must apologize for not having business eards av_ajl~ble to hand out at the meeting, but have enclosed several for your use. As st~_t_ext in the meeting, I am kemly interested in forming a government network group, comprised of the sunminding cities and counties, to discuss quality and customer (citizen) service issues. Please contact me if you or your colleagues have an interest in participating in such a group and I will ensure that you are included in the planning process. I am also willing to answer any questions you may have regarding the City's TQS process or the Woods Q~_mlity Thank you for your time. Sincerely, Susan L. Vavroch Cedar Rapids' Asst. City Treasurer Chair- Woods Quality Council co: Mayor Lee Clancey Gaxy Nesteby, WQC OFFICE OF THE CITY TREASURER First Floor, City Hall 50 Second Avenue Bridge Cedar Rapids, IA 52401-1256 (319) 398-5003 FACS: (.319) 398-5142 Honorable Mayor Naomi Novick City of Iowa City 410 E Washington St Iowa City IA 52240-1826 March 25, 1997 CEDAR CITY FIVE SEASONS for Life MAR ? 1997 Dear Mayor Novick: I would like to personally invite you to attend the first "Quality in Government" network meeting. It will be held on April 21st, 1997 from 8:00 - 9:30 a.m. at Grant Wood Area Education Agency, located at 4401 Sixth Street SW (across from Hawkeye Downs fairgrounds). The purpose of this meeting is for all attendees to gain a better understanding of the quality initiatives that various governmental units have undertaken and determine the topics we may want to discuss at future meetings. I see this as an excellent opportunity for local cities and counties to build relationships and share their successes as well as their challenges in the area of serving their customers. Representatives from the city of Marion, Coralville, Washington, Linn and Johnson County will be invited. Individuals from the City of Cedar Rapids invited to attend include Mayor Clancey, Commissioner Evans, and other members of our Total Quality Service steering committee. I have enclosed a copy of the flowchart used by other Woods Quality Center networking groups which outlines the process they have gone through to conduct their meetings. If you have questions about this network group you may call Keith Kafer at 354-6487. I sincerely hope that you or a representative from your organization will attend. Please notify Keith as soon as possible if you or a representative will be joining us. Best regards, Susan L. Vavroch - Chairperson WQC Member of the TQS Steering Committee Assistant City Treasurer enclosure xc: file Asse~s Customer Needs TYPICAL WOODS QUALITY CENTER N~O~ Woods Quality Center Membership Network Notify Members Network Means "with the support Type & Distribu~e Minutes to Members Reserve or Arrange Needed Resource Vide~ Books Audio Training/Speaker Other Networks Woods Staff & Members Mest to Network y~ No Network Members Sham a Conunon Purpose Vision Code of Conduct Provide Written Minutes & Agenda Each Meeting Plan Topics of Network Minimum 3 Months Ahead Yes I (Resources) Continue with Successful, Growing & Planned Meetings Foctming On Group Purpose As the network develops they should become sel~facilitated and planned for long-term growth. End Conduct Annual Review 1/15/96 Low Cost No Cost Solutions To ADA Compliance A Guide For City, County and State Governments Iowa State APRIL 28, 1997 Scheman Center University, Ames, Iowa Sponsored By Iowa Commission of Persons With Disabilities Iowa State Association of Counties, Iowa League of Cities ~'%"'~'#1/ IOWA · ,.,,tl//I STATE ASSOCIATION OF COUNTIES IOWA STATE ASSOCIATION OF COUNTIES 701 E. COURT AVENUE, SUITE A DES MOINES, IOWA 50309 Naomi Novick Mayor 306 Mullin Avenue Iowa City IA 52240 lntormatlon , i_ l Registration Deadline: ' April 14, 1997 ~ I ~.~"~uenter _ The registration fee is ONLY $15.00 and includes all materials, lunch, breaks and Gateway Center to You must pre-register. Registration must be postmarked by April 14,1997. ~1 all sessions. Payment must accompany registration. Mail to Melissa Pfeifer, Iowa State Association of Counties, 701 E. Court Avenue, Suite A, Des Moines, Iowa 5O3O9. REGISTRATION LOW COST NO COST SOLUTIONS TO ADA COMPLIANCE A GUIDE FOR STATE, COUNTY, AND C~TY GOVERNMENTS SCHEMAN CENTER - IOWA STATE UNIVERSITY APRIL 28, 1997 Mail To: Melissa Pfeifer, Iowa State Association of Counties, 701 E. Court Avenue, Suite A, Des Moines, Iowa 50309 Name: Position: Community/Agency: Address: Phone: Fax: Registration Fee $15.00 (Check should be made payable to Iowa State Association of Counties - ADA) Please indicate by April 14, 1997 any of the following accommodations you will need during the conference: ( ) audiotape ( ) large print ( ) Braille ( ) Sign language interpreter (please specify) OTHER Pre-registration'only. No on site registrations. About The Program Case Studies: Low Cost No Cost Solutions for ADA A discussion of how one city and one country implemented ADA in their respective communities. A must see presentation. Communications Disability experts discuss ADA requirements and the resources available to your community or state agency to make information accessible to citizens. Emphasis will be on hearing, vision and speech impairments as well as other disabilities. Parks and Playgrounds A panel of three state experts share their knowledge of providing accessible parks, playgrounds and recreation programs. Actual Iowa situations will be shown. Corrections, Courthouses and Jails Department of Justice staff present the most current information about corrections and the ADA. A State accessibility expert shares key knowledge about making your current buildings physically accessible. Transportation A key state planner from the Iowa Department of Transportation discusses ADA requirements for public transportation in your community. Libraries A certified library planner shares ideas and information about accessibility to library programs. Funding options and low cost solutions will be presented. Government Buildings An architect and a state accessibility expert answer questions about building accessibility. Accommodating Employees With Disabilities ADA employment issues will be reviewed. Presentation will include information about available no cost/low cost resources available to you. Public Safety and Emergency Response ADA experts provide the most current information about serving persons with disabilities, including 911 response. ADA Coordinators: Bringing You Up To Speed Is your community or state agency where it should be? Session includes discussion of transition planning and self evaluation guidelines. The Workshop You Have Requested Low Cost No Cost Solutions to ADA Compliance A Guide For State, County and City Governments Scheman Center Iowa State April 28, University o Ames, Iowa ~997 Do You Know: What is actually required by government entities under ADA? Do you really have to install a new elevator or build a new building? Are power doors required in government buildings? How do you serve citizens with'disabilities? Where should you be in transition planning? What are your obligations as a local government under this law? If you are not sure of the answers to these questions, this workshop is for you. State and national experts team up to give you the most current information about ADA Title II. The overall goal of this conference is to provide state and local governments with information and resources that provide low cost or no cost ADA solutions. You Will Have The Opportunity · To exchange ideas with other communities · To discuss and ask questions about the ADA Who Should Attend? · City Officials and Managers · County Officials and Managers · State Managers and State Training Officers · City Clerks, Librarians, Sheriffs · Mayors and County Supervisors · Parks and Recreation Staff County Conservation Officers · Human Resource Personnel ':':~ For. anyone 'with ~'~ . an obligation to serve. citizens in. state, countyor municipal. government. Low Cost No Solutions for Compliance A Guide For Local. Governments Cost ADA State and FEATURED SPEAKERS Senator Tom Harkin Born and raised in Iowa, Tom Harkin is a fourth generation lowan. He has represented Iowa in the U.S. Senate for the past 16 years. Senator Harkin is well- regarded as a national leader on agriculture, health and human services, small business and education. Senator Harkin was the chief sponsor of the Americans with Disabilities Act, in the US Senate and continues to be a major force in disability legislation. Sally Conway is an accessibility specialist in the Civil Rights Division of the United States Department of Justice. Holding both Bachelors and Masters degrees, Ms. Conway has extensive training on the Americans with Disabilities Act. She is nationally in demand as a speaker on the ADA. Bobby Silverstein is the Senior Counsel for the Committee on Labor and Human Resources, United States Senate. Mr. Silverstein is regarded as one of the chief authors of the Americans with Disabilities Act. Holding a law degree from Georgetown University. Mr. Silverstein is well recognized for his expertise on ADA. VENDOR EXHIBITS An array of resources and service providers to explain and exhibit services available to your community. SPONSORING AGENCIES Iowa State Association of Counties Iowa League of Cities Iowa Commission of Persons With Disabilities Conference Program 8:00 Registration 9:00 9:15 10:00 10:15 11:15 12:00 1:30 Welcome: The Honorable Terry E. Branstad, Governor of Iowa Key Note Address: Tom Harkin, United States Senator Break Myth Versus Reality: What Is And What Is Not Required UnderTitle II of the ADA Bobby Silverstein, Special Counsel on Disability Policy, United States Senate Title II - Updates and Review Understanding Program Access in your Community or State Agency Sally Conway, United States Department of Justice 2:15 CONCURRENT SESSIONS · Libraries: Making Your Library Program Accessible · Corrections, Courthouses and Jails: ADA Issues · Parks And Playgrounds: What You Can Do To Comply · Transportation: Public Transit Under ADA o ADA Coordinators, Are You Where You Should Be? · Accommodating Employees With Disabilities · Communications: Speech, Hearing and Vision Impairments · Government Buildings: New Construction and Alterations · Public Safety And Emergency Response: ADA Issues Lunch and Exhibits 3:15 Panel Presentation, Iowa Case Studies: Low Cost No Cost Solutions to ADA ROUNDTABLE DISCUSSIONS Mayors County Officials State Government Program Access Conference Information APRIL 28, 1997 CONFERENCE LOCATION Scheman Center, Iowa State University, Ames, Iowa LODGING Ablock of rooms has been reserved at the Holiday Inn, Gateway Center in Ames, Iowa. Identify yourself as a conference participant for special rates. If you need an accessible room, please indicate that at the time you make your reservations. CALL 1-515-292-8600 or FAX: 515-268-2239. The hotel is located at U.S. Highway 30 and Elwood Drive, Ames, Iowa. ACCOMMODATIONS FOR PERSONS WITH DISABILITIES Please notify us by April 14, 1997 if you will be needing accommodations. Sign language interpreters will be available. Please indicate if you will need an interpreter, braille, large print, taped material or any other accommo- dation. QUESTIONS? Call Iowa State Association of Counties Phone: 515-244-7181 or FAX 244-6397 FOR 'rTY call 1-800-652-4298. IOWA LEAGUE of CITIES 317 SIXTH AVENUE SUITE 1400 DES MOINES, IOWA 50309-4122 410 E Washington Street Iowa City IA 52240-1826 Prepared by: John Yapp, Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 ORDINANCE NO. 96-3758 ORDINANCE AMENDING TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE M, ENTI- TLED "ACCESSORY USES AND BUILDINGS," TO AMEND THE LOCATION RESTRICTIONS OF SATELLITE RECEIVING DEVICES. WHEREAS, the Telecommunications Act of 1996 and the Federal Communications Commission preempt local zoning codes regu- lating the location of satellite receiving devices smaller than one meter in diameter in residen- tial zones; and WHEREAS, satellite receiving devices smaller than one meter in diameter shall be permitted in any yard or on the roof of any structure in residential zones; and WHEREAS, satellite receiving devices larger than one meter in diameter shall continue to be restricted to the rear yard in residential zones; and WHEREAS restricting satellite receiving devices larger than one meter in diameter to the rear yard will help ensure adequate light and air movement, and maintain accessibility to the side and front yards. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Chapter 6, entitled "Zoning,' Article M, entitled "Accessory Uses and Buildings," Section 1, Subsection B3, of the Iowa City City Code is hereby amended to read as follows: 3. Communications towers and satellite receiv- ing devices, provided the following conditions are met: 1. Communications towers and satellite receiving devices larger than one meter in diameter in residential zones provided they shall not be located in the area between the street and the principle building, within the required side yard or on the roof of any building. Ordinance No. Page 2 96-3758 2. Satellite receiving devices one meter or smaller in diameter in residential zones may be located in any yard or on the roof of any structure. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. ,SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 3rd day of December ,19 96. Prepared by: John Yapp, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 ORDINANCE NO. gf-37fig ORDINANCE AMENDING TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE I, ENTITLED "PUBLIC ZONE," SECTION 4, ENTITLED "SPE- CIAL EXCEPTIONS," TO ALLOW COMMU- NICATION TOWERS AS A SPECIAL EXCEP~ TION IN THE P, PUBLIC ZONE. WHEREAS, the Telecommunications Act of 1996 prohibits a local government from directly or indirectly prohibiting the provision of any wireless/cellular communications service to any area of the community; and WHEREAS, cellular communication use will continue to rise in the Iowa City area; and WHEREAS, the large amount of publicly zoned land in Iowa City will increase the num- ber of potential locations for a communications tower; and WHEREAS, the special exception process and the public ownership of the land would give the public greater control over the size, Wpe, and location of any communications tower; and WHEREAS, any communications faciliW in the P, Public zone will have to comply with the conditions in the zoning code, as well as any conditions placed by the Board of Adjustment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. 1. Chapter 6, entitled "Zoning," Article I, entitled "Public Zone (P)," Section 4, enti- tled 'Special Exceptions," is hereby amen- ded to include the following language: 14-61-4 SPECIAL EXCEPTIONS. a. Communications towers and associato ed equipment buildings provided: 1. The Board of Adjustment may pl~ce conditions on approval of a communications tower, such as fencing and screening, to address safety and aesthetic concerns. The Board may deny an applica- tion which does not adequately address these concerns. Ordinance No, Page 2 96-3759 2. The applicant shall submit docu- mentation that the telecommuni- cations facility shall be designed and constructed to all applicable standards of the American Na- tional Standards Institute, ANSl/EIA - 22-E manual, as amended, which contains federal regulations regarding radio fre- quency emissions and design standards. 3. Newly constructed telecommuni- cations facilities shall be designed with capacity to accommodate additional providers of telecom- munications services where pos- sible, unless it can be demon- strated that co-location is not feasible due to technical or struc- tural reasons. The applicant shall demonstrate it is not possible to locate the pro- posed telecommunications equip- ment on an existing facility for reasons such as technical or structural incompatibility. 5. The tower is set back from a property or right-of-way line a distance at least equal to the height of the tower. 6. The applicant shall submit docu- mentation that the telecommuni- cations facility complies with all state and federal regulations concerning aviation safety. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. Ordinance No. Page 3 96-3759 SECTION !V. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this ~ day of D_ecemb~r ,19.~1__. Approved b,,~ rney's Office Prepared by: John Yapp, Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 ORDINANCE NO. 96-3760 ORDINANCE AMENDING TITLE 14, CHAPTER 6, ENTITLED "ZONING", ARTICLE B, SECTION 2, ENTITLED "DEFINITIONS", TO ADD DEFINITIONS ASSOCIATED WITH WIRELESS COMMUNICATIONS FACILITIES, INCLUDING "COMMUNICATIONS TOWER", "COMMUNICATIONS EQUIPMENT BUILDING", AND 'COMMUNICATIONS STATION." WHEREAS, the use of wireless communications facilities is increasing in the Iowa City area, and WHEREAS, the expected increase in the number of communications facilities located in Iowa City necessitates defining a "communications tower", "communications equipment building", and "communications station" in the zoning code, and WHEREAS, it is in Iowa City's best interest to define various communications facilities in order to avoid the misinterpretation of the zoning code. NOW, THEREFORE, BE IT ORDAINED BYTHE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Chapter 6 entitled "Zoning", Article B, entitled "Zoning Definitions," Section 2, entitled "Definitions", is hereby amended to add the following definitions: COMMUNICATIONS TOWER: A structure that is intended to support equipment used to transmit and/or receive telecommunications signals. Examples of such towers include monopoles and lattice steel structures. COMMUNICATIONS EQUIPMENT BUILDING: The building in which the electronic receiving and relay equipment for a communications facility is housed. COMMUNICATIONS STATION: A structure assigned to a person or group of peopie working to produce and transmit radio and/or television programming, or tl~e recording of such programming. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. JOHNSON COUNTY AUDITOR TEL:519-356-6086 Apr COUNTY-CITY MEETING April 2, 1997 03,97 9:10 No.002 P.02 Your Nutrition Committee requests that you discuss tittee items. 1. That the City and County recognize the Nutrition Program as a basle program of the Iowa City/Johnson County Senior Center. ,,It present the nutrition program is con.?i&~red one of many supplemental programs at the Senior Center. This is a philosophical position. If accepted by both political bodies it would ,verve as a basis for developing specific and practical Implications which could be submitted for review by both bodies. " This is consistent with the presentation made by the County at the $~nior Center Forum. Parking. Re, quest that the east side elLinn Street be made available for use by the Nutrition Program for use of its many volunteers. ,4t present there is no space for Nutrition volunteer,. Request that the South Side of Iowa Avenue be available as an extension oftho Benlot Center Parking Lot between 11:00 AM and 3:00 PM. The lack of parking is the number one deterrent to persons attending the nutrition program and other activities. If a shorter period is deemed advisable we suggest 11:30 AM to 1:30 PM. That the City Coungil nominate a person to be appointed to s~rve on the Nutrition Committee. We have a vaeanay on this committee due to the death of Rev. Roy V~lngate. We wouM hope that the City might nominate a person who is a participant in the nutrition program and is a member of the Council of Eiders or Senior Center Commission. 4/1/97 March 7, 1997 CITY OF I0 I/VA 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 WASIIINOTON STREET · IOWA CITY, IOWA 32240-1826 · (319) 356-$000 · FAX (319) 336-:~009 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 sc;~eduling 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/stu~sman.sa/doc City of Iowa City MEMORANDUM Date: To: From: Re: March 26, 1997 City Council City Manager Barricade - Closure of Bowery Street Area Alley At the recent public hearing concerning the closure of this alley, it was suggested that some sort of barricade be constructed. It seemed to be implied that the City might assist in the construction of such a barricade. At first blush it seemed to make sense that we could install the barricade and thereby have some maintenance responsibility while, at the same time, work out some type of agreement with neighbors, etc. In talking with Chuck, he indicated if we were to proceed with the construction of a barricade, we have some obligation under DOT regulations to build it to their standards. Chuck was of the opinion that the DOT standards would certainly not be satisfactory to the neighbors. The bottom line appears to be we would need to build a barricade that might stop a tank. The neighbors, on the other hand, simply wish something to delineate the closure area and prohibit vehicular traffic. We will work with the neighbors and see what we can do to help them. I wanted to let you know that it does not appear we can construct with City crews/public funds. bc5-1SA City of Iowa City MEMORANDUM Date: To: From: Re: March 26, 1997 City Council City Manager Fire Department -- Strategic Planning On Monday, March 24 by way of a departmental meeting, the Fire Department kicked off their strategic planning process. With the use of Tim Shields, a facilitator from the Institute of Public Service, they will begin an extensive process of departmental review. This review is intended to provide for development of three very specific activities: 1. Mission, value, and vision statements for the department; 2. Identification of how to pursue the National Fire Service accreditation program; and 3. Strategic planning for fire protection in our community. This is the initial meeting in what may be a lengthy process. cc: Andy Rocca jw/fireplan,sa/doc City of Iowa City MEMORANDUM Date: March 17, 1997 To: City Council From: City Manager Re: Landfill Recently the Council authorized a contract for study and other related engineering work for our landfill. Specifically this project would be intended to review the landfill from an operational and environmental perspective. One of the future issues I believe needs to be addressed is the concept of long-term land use plan for the site. Specifically, as I am sure you are aware from many professional journals and other reading materials available, landfills and their ultimate long-term land use after closure is of interest and concern to communities who operate and are the location of landfills. We have been at the current site for 25 years and will likely be there for another 25. Given the commitment of land and financial resources, as well as other land use decisions we have recently made, such as the location of Highway 965, a long-term land use plan I believe is particularly important. Through our engineering consultant, we will be reviewing the various technical aspects of the landfill and closure options. We have not decided on a formal land use plan. Landfills are often used for parks and open space, ski resort areas, golf courses, and a variety of other land uses that are substantially open space. I would expect the same would occur with our landfill. We need to begin a planning process to guide that decision. We will keep you informed but at some time in the near future we will need to conduct some sort of review process to determine how best to use the land use created from the landfilling process. I suspect the DNR will have a great deal to say about the land use and the topography of the landfill. To my knowledge they have not formally participated in any statewide discussion with another community to determine long-term land use. Their role, by regulatory enforcement, is yet to be determined. Please give this some thought and we will schedule for a work session at some time in the future. CC: Chuck Schmadeke Brad Neumann Karin Franklin Terry Trueblood Irn~sa3-17.wp5 City of iowa City MEMORANDUM Date: To: From: Re: March 21, 1997 City Council Stephen J. Atkins, City Manager Railroad Crossings Gilbert Street/CRANDIC Railway Status: Work is scheduled for late spring/early summer 1997 and involves complete reconstruction. History: This is the crossing just north of Benton Street. The funding agreement was issued in October 1996. Our 20% cost share is approximately $15,000. Various short term maintenance activities have been performed by railroad and City crews in the past. The intent of the maintenance was to nurse it through until funding became available. South Capitol Street/CRANDIC Railway Status: Funding will not be available until 1999. The railroad has verbally agreed to perform short term maintenance this spring with the help of City crews. History: This crossing is just north of Benton Street. Our 20% cost share in 1999 for complete reconstruction is estimated at $17,000. Our cost share for temporary repairs this spring is estimated at $5,000. South Clinton Street/CRANDIC Railway Status: Funding will not be available until 1999. Railroad and City crews performed short term maintenance in November 1996. History: This crossing is just north of Benton Street. Our 20% cost share in 1999 for complete reconstruction is estimated at $7,000. Our cost share for temporary repairs completed last fall was $4,736. Highway 6/CRANDIC Railway Status: Funding will not be available until 1998. Temporary repairs were made in the fall 1994. The I.D.O.T. coordinated the repairs and provided traffic control measures. This crossing is east of Gilbert Street near the Country Kitchen. Benton Street/CRANDIC Railway Status: A partially completed "Notice of Intent" is being sent to the railroad to complete so that we can get in line for funding. The tracks cross Benton Street between the Iowa River and Capitol Street. We do not know our share of the cost until we receive information from the railroad. Railroad Crossings March 21, 1997 Page2 South Dubuque Street/CRANDIC Railway Status: A partially completed "Notice of Intent" is being sent to the railroad to complete so that we can get in line for funding. This crossing is just north of Benton Street. A request to the railroad for temporary repairs has been made verbally in the past and officially in writing in September 1996. Waterfront - Stevens Drive/CRANDIC Railway Status: A funding agreement was issued in November 1996 for signal upgrades. Hy-Vee is paying the 10% City share. Work is expected to begin this summer. A "Notice of Intent" is the form required to get in line for 60% State/20% Railroad/20% City funding and needs to be filed with the I.D.O.'I'. Both the City and Railroad need to be willing parties to the agreement (the railroad normally is not anxious to sign). The I.D.O.T. allocates the funding on a "first come, first served" basis with a typical 4-5 year backlog. We have created "Railroad Data Sheets" to document the condition and past maintenance history of all the "at-grade" crossings in Iowa City. Our goal is to anticipate and prioritize funded reconstruction projects. CC; Rick Fosse Dennis Mitchell jw/railroad.sa/doc City of Iowa City MEMORANDUM Date: March 26, 1997 To: Mayor and City Council From: City Clerk Re: Council Work Session, March 15, 1997 - 8:40 p.m. in the Council Chambers Mayor Naomi J. Novick presiding. Council present: Novick, Baker, Kubby, Norton, Thornberry, Vanderhoef. Absent: Lehman. Staff present: Atkins, Helling, Woito, Karr, Winkelhake, Mitchell, Harney, Widmer. Tapes: 97-46, all; 97-47, all. RECOMMENDATIONS - POLICE PROCEDURE AND POLICY Reel 97-46, Side 1 City Manager Atkins, Assistant City Manager Helling, City Attorney Woito, and Police Chief Winkelhake provided information. Council reviewed the February 19, 1997 Recommendations - Police Procedures and Policies as follows: 1. Canine Unit. Not majority support. Request for additional of information. 2. Plain English, Majority council support. 3. #3 not listed in report; will be corrected in final. 4. Weapon Used By Iowa City Police Officer Is Discharged. Majority Council support except for firing range and animal. 5. Internal Affairs Report-Detail Conclusion. Majority Council support. Organization and sequential page numbe. ring added. 6. ICPD Training Curriculum Will Be Located In One Place. File complete Iowa City Police Department training curricula in City Clerk's Office, Library, etc. 7. Use of Force Policy - Narrative and Graphic Presentation. Majority Council support. Add 'sanctity of human life' language. 8. Requirement of Police Review Board - Involves Firearm. Majority Council support. Staff to rename "Police Review Board." 9. Internal Review Committee. Majority Council support. Forward information to PCRB and file in City Clerk's Office and Library. 10. Police Chief - Annual Report on Use of Force. Majority council support. 11. City Attorney - Training Constitutional Issues, Majority council support. Council Work Session March 15, 1997 Page 2 12. Outside Employment. Majority council support. 13. City Attorney - Reviewing Agency. Add PCRB Review. 14. Annual Report on Training Activities. Majority council support. 15. Detailed Distribution List- Include City Attorney. Add PCRB. Winkelhake will add PCRB to list of distribution on the written directives 16. Mission Statement. Review later date. 17. City Attorney Notification - Internal Affairs Investigation. Majority council support. 18. Use of Language "unfounded", "exonerated", and/or "not sustained" Is Not Sufficient - Internal Affairs Investigation. Majority council support. 19. Internal Affairs Reports - "Be Brief". Schedule at a later date after City Attorney review. 20. Citizen Complaints - Personalized Letter. Majority council support. 21. ICPD Use of Force Policy - International Association of Chiefs of Police. Majority council support. Discuss Community Standards at future time. 22. Use lAP "Use of Deadly Force" Statement - City Attorney Training. Majority council support. 23. Refresher Courses - Building Searches. Atkins stated he will prepare a summary memo regarding changes/additions to the recommendations-police procedure and policy. In response to Nov, Atkins explained the video training equipment is in the budget. POLICE POLICIES DISCUSSION CON'T. Reel 97-47, Side 1 Council reviewed Kubby's February 10, 1997 memo Police Policies as follows: Written Policies (#3). Majority agreed to discuss this item after completion of the accreditation process. Downtime after gun is drawn (#4). Majority agreed to maintain present policy. Crisis Plan (#5). City manager will develop and consider an overall emergency plan. Non-violent demonstrators. Majority agreed to include non-violent demonstrator language in use of force policy. Council Work Session March 15, 1997 Page 3 Freedom of Information Act request- Release of DCI report. Majority of council directed City Atty. Woito to draft a Freedom of Information Act request-for Release of DCI report conditioned upon completion of all criminal investigations. PCRB DISCUSSION ' Reel 97-47, Side 1 Council agreed to re-schedule discussion of the PCRB draft ordinance to April 1,2 - 5 PM. Novick noted that a p.h. will be scheduled to received public comments. PREVIOUSLY SUBMITTED QUESTIONS Reel 97-47, Side 1 Reviewed January 14 letter/questions from Citizens for Justice and Accountability in the death of Eric Shaw. Majority agreed additional follow-up is needed for the following questions:: #28, 29, 32b, 35-40 (response by Council), 47b, c, d, 48-51. In response to Kubby, Novick stated other questions that have been submitted by the public will be discussed next time. Meeting adjourned 12:00 PM. wpdata\clerk\3.15.inf City of iowa City MEMORANDUM Date: To: From: Re: March 25, 1997 City Council Jeff Davidson, JCCOG Transportation Planner Joe Fowler, Director of Parking & Transit ~ Proposal for a transportation allowance program for City employees As you directed, staff has researched the establishment of a transportation allowance program for City employees. This is a program where a financial incentive would be established for employees to commute to work by a means other than a single occupant automobile. A reasonable allowance for our program would be $20 per month, which is what it costs a City employee to purchase a downtown parking permit. Under a transportation allowance program all City employees would receive a $20 per month transporatation allowance, and all City employees would be charged $20 per month for parking. This would include all City facilities, both downtown and non-downtown. Employees could use the $20 per month for a parking permit, or they could buy a bus pass and pocket $90 per year, or walk or ride their bike and pocket $240 per year. Several issues are problematic about such an allowance program, including: The $128,400 annual expense to implement such a program. This would be partially offset by those employees using their allowance to purchase transit passes or parking permits. On-call City employees who are required to be available by motor vehicle for emergencies. They do not have the option of an alternative mode of transportation. Second and third-shift employees, or non-downtown employees who would claim they do not have the opportunity to use public transit and would therefore be treated unfairly by an allowance program. Limiting the program to only downtown employees would undoubtedly create hard feelings from those City employees excluded from the program, who would not have the potential $240 compensation per year. The City Personnel Administrator has advised us that if Council wishes to pursue establishing a transportation allowance program for City employees, it would be subject to negotiation with the AFSCME, Fire, and Police bargaining units. This is because it involves additional financial compensation to City employees. Alternative proposal. As an alternative, Council may wish to consider a program of offering a free monthly bus pass to any City employee who gives up their downtown parking permit. This would be far less costly than a transportation allowance program, would specifically target downtown commuters, and could free up valuable downtown parking spaces. Let us know if you would like us to proceed with either proposal. cc: Steve Atkins Sylvia Mejia bcl-§JD Date: To: From: Re: City of Iowa City MEMORANDUM March 21, 1997 Steve Atkins, City Manager Chuck Schmadeke Response -- Portable Pump Utilization Sewer Surcharging The Wastewater Division is staffed 24 hours a day at the treatment plant. Monitoring storm flows and rainfall is a constant and high priority function of our plant operators. They are aware of all predictable factors contributing to sewer surcharging. (Random plugged sewers are not predictable but weather related surcharging usually is.) We feel we have been fairly proactive in preventing basement flooding by the use of portable pumps. We also have a definitive list of the most likely places to need pumping. Other circumstances require the "list" to be modified as storm events unfold, however. Basically, we will monitor plant flows, groundwater saturation levels, and predicted rainfall to anticipate the need to set out pumps. We feel that we can be prepared to handle storm pumping 8 to 24 hours prior to surcharged conditions. In the "worst case", say 8" of rain falling out of the blue in the middle of a drought, on a holiday - we have 6 primary sites to install pumps - it will take us 15 minutes to get a two man crew at the plant, twenty minutes to load the equipment and arrive at any of the sites, and 10 minutes to install and start pumping - 45 minutes for the first pump out. That crew would proceed to the next site and have a second pump installed within another 30 minutes, and so on. In a very critical, very high flow situation we could have up to three more crews on duty within an hour. (Which, you know, has been a regular occurrence in the last three years.) It is not advisable to permanently place a "portable pump" on a street or anywhere else. We have experienced vandalism, theft, and poor performance on pumps left out for extended periods. These things have occurred even under stormy weather conditions when the pumps are being "watched over" by the neighborhood. To leave pumps out in fair weather is just inviting trouble (and a less effective response by us). Our first three target sites, presently, are Wylde Green Rd., Highland/Plum, and the Oakland/ Grant Street area. The Wastewater staff takes this responsibility very seriously. However, please keep in mind that there is a limit to which portable pumps can overcome severe weather conditions. jw/sewerpmp.cs/doc Date: To: From: Re: City of Iowa City MEMORANDUM March 21, 1997 Steve Atkins, City Manager Rick Fosse, City Engineer Jeff Davidson, Assistant PCD Director West Benton Street Reconstruction West Benton Street from Orchard Street to Oaknoll Drive is programmed to be reconstructed in the year 2000. This arterial street corridor has existing capacity constraints. The current two lane design is adequate for 6000 to 7000 vehicles per day, and existing traffic volume is estimated to be 10,000 to 15,000 vehicles per day. This results in congested conditions during peak traffic times. There are also improvements needed to the sidewalks in this corridor. Ongoing growth in west Iowa City should also be factored into the design of this facility. We have not gone any further than assessing that additional street capacity is needed in this corridor. As with all arterial street issues, the sensitivities of residential dwellings along Benton Street will be a factor in the ultimate design. As a minimum we will recommend a center turn lane in this corridor. This is especially important at the Miller Street intersection and between Greenwood Drive and Oaknoll Drive. Additional traffic lanes are certainly warranted on Benton Street based on existing and projected traffic volume, but Council's inclination may be similar to Melrose Avenue and First Avenue, that is, to provide some additional street capacity but not the full amount warranted. The pavement on the hill from Greenwood Drive to Miller Street is in very poor condition. In addition to frequent maintenance required on this portion, the condition generates a number of requests about the project schedule. To accelerate a project of this magnitude would require that other projects be delayed. Given our experience reconstructing arterial streets, I do not think it is reasonable to move this project to 1998. If it is to be constructed in 1999, we will need to know as soon as possible to begin the process. We should schedule a meeting with Council right away if you think they may want to accelerate this project. cc: Chuck Schmadeke Karin Franklin City of Iowa City MEMORANDUM Date: March 21, 1997 To: From: Re: Steve Atkins, City Manager Don Yucuis, Finance Director __.~.. State of Iowa 5% Sales Tax on Water Use at City-Owned Pools The State of Iowa Code specifically exempts the 5% sales tax on water services provided to city-owned pools. I have calculated what the sales tax would have been and the amount the City would have paid in sales tax to the State if the City had to pay the tax. The City would have paid approximately $812 last year in State of Iowa sales tax if the City was not exempted. Im\dy3-21 .doc March 25, 1997 Robert M. Downer Meardon, Sueppel, Downer & Hayes, PLC 122 S. Linn St. Iowa City, IA 52240-1830 c z:r c Tr Re: Your correspondence of March 20, 1997; Iowa City Care Center Dear Bob: Karin Franklin is on vacation until March 31, so I will attempt to provide you with a summary of the City's position regarding the provision of sanitary sewer service to the Iowa City Care Center. I believe in discussions you have had with Karin, she has indicated there was the possibility of Iowa City Care Center tapping into a public lateral sanitary sewer west of the Iowa City Care Center property. I have discussed this matter with Chuck Schmadeke, Director of Public Works, and he has informed me that further investigation has shown that there is not adequate flow capacity in this line to accommodate connection of the Iowa City Care Center. Chuck indicated that the connection of Iowa City Care Center to the City's sanitary sewer system should occur via the Scott Park area trunk sewer. As shown in the enclosed drawing, this trunk sewer will extend north from the southeast interceptor sewer which extends through Scott Park, and will serve the watershed between Iowa City Care Center and Scott Park. This $649,000 trunk sewer project is currently in unfunded status in the City's Capital Improvement Program. It is possible to build only the west section of the Scott Park area trunk sewer for a cost of $408,000. This would provide sewer to 60 fewer acres of the watershed, but would allow connection of Iowa City Care Center. The Iowa City Care Center property is within the City's growth area boundary, so voluntary annexation may be considered favorably by the City. I assume you have discussed with Karin how this might occur, since the Care Center property is not contiguous to the current corporate limits. There remains the matter of the City Council prioritizing the construction of the Scott Park area trunk sewer, which would allow sewer service to be provided to the Iowa City Care Center. I would imagine the voluntary annexation of additional property which would be served by the Scott Park area trunk sewer will be an important factor in the City Council's decision making. Give me a call at 356-5252 if you would like to discuss this matter further. As I indicated, Karin will be back on March 31. Sincerely, Jeff Davidson, Assistant Director Department of Planning and Community Development Er, c osure .Z)/V/Z CC: Steve Atkin,/" '/'~, ~- 'f~~ Chuck Schmadeke Karin Franklin Dave Elias ppdadmin\carecent.doc " , 'CITY MAN ;I 'S 'OFFICE Sheri Thomas' - Forestry Dept. City of Iowa City . . " .. 220 SO: Gilbert' " Iowa City, Ia. '52240 ·. Mar. 21, 1997 'Dear Sheri,,", I wanted to let you know that'the efforts of you and your crew in sprucing up 'the Downtown Plaz~t'have rio. t gone' unnoticed, It is a.pleasure to walk out the door and see all 0fthe Winter gfirne done away with, especially the cigarette butts and accumulated debris in the books and cr 'armies. I .know that this must be a tedious and time - consuming- ch0re;~ but it makes,~tll the difference in the world. to the' appearance of the Plaza. Many of our customers have commented that they see the difference, t6o. Welook forward to'the appearance:of Spring flowers on die Plaza'soon. Gringos is ready t.o help With this project as soon as it gets underway. A pat on the back to you and your crew for aj0b well done. · Sincerely, , · Owner, Gringos cc: Steve Atkins, Ci.ty:Council .l 115 E. 'college St.-."~,owa City, ,A 52'240'~(319)338-3000 (4) c-sPa2V imitates life. Surfing the expanse of inaugu- ral coverage offered by my satellite dish, I kept lingering on c-s?~'q, Why? Compared to the network style of cover- age we were all raised on, its relatively unfiltered deliw ery of political events still feels radical, even exciting. The networks insist on making their intermediaries, the anchorpeople and their attendant reporters, central to the story--indeed it often seems that they are the story. When you pay people as much as Peter Jennings and Tom Brokaw are paid, I suppose you have to give then/ something to do. But the blather becomes intensely annoying, especially when C-SPAN shows how unneces- sary it is. C-S?AN embraces silence. It is happy to linger over a room after the main political event is over, so we can watch the milling and the schmoozing. It is the viewer's eyes and ears, but not--with the exception of relatively infrequent commentary--his brain. You are, simply, there. While Peter Jennings was interviewing Sam Donaldson just after the swearing-in, ¢-sP~u was fol- lowing the president as he walked through the Capitol Rotunda. Which would you rather watch? When Clinton and Gore joined a bunch of senators in an ornate room of the Capitol for the signing of an inaugural document, you could hear on c-sPaN almost every word of their inane small talk, and it was improbably fascinating. When Clinton finished his inaugural address, Rather fol- lowed custom and immediately began commenting on it, even though John Warner had taken the podium and was himself speaking. The anchor had simply made a decision for us that what Warner had to say did not mat- ten Meanwhile, over on c-sPA.X, the talking head was, as usual, blessedly, not talking. · Behind the living wage hype. [AGES OF POLITICS By Matthew Miller 'N hile Bill Clinton worried in his inaugural about whether government was ".the prob- lem," "the solution" or neither, Carlos, one of 11,000 security workers in Los Angeles who make less than $7.50 an hour, worried about food. Carlos, who is 35, gets $4.75 an hour from a city con- tractor to screen carry-on baggage full-time at Los Angeles International Airport. He spends half of the $700 he earns each month on rent. After gas and phone and electric bills, and toys and clothes for his 3-year-old and infant, Carlos is always short on food. His family gets by thanks to free food from three churches. Like most of the 27,000 janitors, 9,200 gar- deners and $,000 parking attendants in L.A. who make 12 THE NEW REPUBLIC FEBRUARY 10, 1997 less than $7.50 (or $15,600 a year, the poverty line for a family of four), Carlos also gets no health insurance, no paid holiday or sick days, and no vacation. In his first term, Clinton had people like Carlos in mind when he called for universal health coverage and for "making work pay." Now, having delivered last year an increase in the minimum wage that will leave it worth less than it was in the 1960s, and a welfare bill that will send sev- eral million unskilled mothers into the market to hold down wages for folks like Carlos, Clinton is focusing his attention on symbols--the school uniform and V-chip approach to governing. He'd also like us to teach our kids to read. As national government goes virtual, local govern- ment must get real. And so, the fight for work with dignity has devolved from a Democratic president to the Los Angeles City Council, which is set to vote next month on an ordinance that (as of this writing) would require city contractors to pay their employees $7.25 an hour plus health benefits (or $8.50 without; the current minimum wage, by contrast, is $4.75, slated to increase to s5.15 next year). Los Angeles is only the latest locality to be drawn into the "living wage" movement, which seeks to use city purchasing power to promote better labor conditions, and which has gotten similar laws enacted recently in Baltimore, San Jose, New York, Jersey City, St. Paul and Mil- waukee. At first blush, the living wage fight sounds fierce~ and looks important. State Senator Tom Hayden, Whls1 recently announced his candidacy for mayor, cal incumbent Richard Riordan "the arch-enemy of a liv- ing wage for the working poor." Riordan and the° Chamber of Commerce counter that the ordinance is a budget-buster that insulates municipal unions from competition while inviting business to flee. Yet the actual impact of L.A.'s wage measure would be tiny. It turns out that it isn't just government that is devol~Sng from the national to the local. So, unfortunately, is symbolism. ~" '~ oday's Los Angeles drama began in late 1995, after such companies as McDonald's and Puck's took over food service operations at --..-- the L.A. airport and promptly fired g00 better- paid workers in favor of minimum-wage help with no benefits. With another 900 workers facing the ax, City Council member Jackie Goldberg of Hollywood, a for- mer civil rights activist and the first openly gay mem- ber of the council, called hearings. Eventually, Gold- berg pushed through a "worker retention" ordinance. It required new contractors in such changeovers to retain workers for ninety days (to evaluate whether they belonged in their new jobs), after which they could be fired only for "cause." The companies involved lived with it (few further layoffs took place), but the broader business community panicked. Gold- berg, meanwhile, got interested in why the city's con- tracting process produced so many impoverished work- ers. A year later, with a coalition of unions, religious leaders and community organizers behind it, Gold- berg's living wage measure is the result. Is it a good idea? At first glance, the "living wage" fight replays many of the reductio ad absurdurn argu- ments made famous in the minimum wage wars. Capi- tal shouts that if $7.25 an hour is good, why not make it $20, or s507 Labor answers that if a decent wage floor is so intolerable, why not call for a return to child labor and sweatshops--or, for that matter, slavery? But unlike the minimum wage, which applies to everyone, the "lMng wage" would mainly affect employ- ees of city contractors who now earn less than $7.25 an hour. That turns out to be just 7,500 people. The meat sure thus redistributes income to these low-paid work- ers, either from taxpayers or contractors or both. If city contractors can pass the higher costs along, taxpayers will pay s30-40 million yearly, mostly to cover the new health benefits. But if, as anecdotal evidence suggests, many city contractors are making a killing, they can probably be forced to simply eat the new raises. Proponents add that raising wages and benefits will save taxpayers money bv shaxdng Food Stamp and Med- icaid costs. Thev're right, but that doesn't help the local political equation, since the savings come from state and federal programs, while any new cost is borne by the city. Moreover, such reductions in means-tested benefits ensure that, for every dollar in higher wages the ordinance brings, only 5'0 cents may end up in workers' pockets. This, pitts the fact that many of those who would benefit are not the city's poorest, leads opponents to claim, fairly, that the living wage is badly targeted. And it's likeIx' that unskilled workers worth less than s7.25 to contractors will have trouble getting entry-level jobs. '~= f all this makes it sound like Los Angeles's living wage wouldn't do much to affect many lives, that's right--and the sad truth is, that's what will proba- --,--- bly get the 1Mng wage enacted in L.A., even over the expected Riordan veto. If you find this a strange rallying cry for a movement, at least it's right for the times. And the living wage movement activists know this; listening to them define what a living wage would do, it is clear that, for now, they too have learned to live with the politics of s~nbolism. "It puts the arguments and the message out there as a handle to move the debate forward," says Madeline Janis-Aparicio, who heads L.A.'s LMng Wage Coalition. At least the Los Angeles City Council has an excuse for succumbing to symbolic politics. L'CLa Professor Rick Sanders estimates it would take sl.6 billion to bring L.A.'s poor up to the poverty line. That figure represents more than half the total city budget. The living wage bill may not do much, but, at between zero and $40 million, it doesn't cost much, either. If you want to do more, it costs more, and the cost is something that has to be spread out. It takes a nation, not a village, to provide income support for America's concentrated pockets of working poor. Bill Clinton knew this once; his big boost to the earned income tax credit in 1993 may have been his finest hour. But even after that increase of $10 bil- lion, 12 million Americans still dwell in poverty despite living in homes headed by a full-time worker. Pleading fiscal constraint, President Clinton plans no repeat of 1993's bold move. It will take a newer Democrat than Clinton to realize that, with the feds still spending more than 20 percent of GDP, a presi- dent can do much, much more. But it may also' take a lot more cities like L.A. crying for help before the crisis of the working poor lands back in Washington, where it belongs. · What I saw at the coat revolution. CLOAKS & DAGGERS By Jonathan Chait "'"' showed up at the Omni Shoreham Hotel at 4:00 in the afternoon to work as a coat-checker for the Caribbean, New Jersey and Gay & Lesbian Inaugu- ~ ral Balls. Coat-checking allows you to experience all the inaugural's glamour and pageantry~dressing up, occupying the same building as the president~ except that instead of shelling out S150 you get paid S6 an hour plus tips. Also, you don't get the food or the drinks or the dancing or the opportunity to inter- act with anybody except other coat-checkers. And in the end, as it turns out, you get attacked by a mob screaming for your blood, and you get roughed up by large policemen. The afternoon begins inauspiciously. My friend Rob (who agreed to join me) and I make it into the ball- room without facing any security precautions~back- ground checks, metal detectors, etc.~whatsoever. The company that hired us, McM, had promised a staff of fifty to handle the more than 5,000 expected customers, but only twenty coat-checkers arrive. My co-workers, who had all worked for McM before, confide that the com- pany takes half the tip pool for itself, in apparent viola- tion of our contract. And before any guests even show up, Rob manages to misplace his own coat. "A bad sign," he notes, "considering that this is now my profession." The coat-check room is a banquet hall approxi- mately two-thirds the size of a football field. The staff divides up into taggers, who take the coats and affix numbered tags to them, and runners, who store the coats. In lieu of hangers or racks, we lay out the coats on long tables in stacks of three, arrayed numerically according to their coat-check number. Unfortunately (and this is of critical importance in understanding why, eventually, our well-heeled customers rose up against us) the tags do not come back to the runners in 14 THE NEW REPUBLIC FEBRUARY 10, 1997 -~[ENS 0~: MILLIONS AT STAKE.' '6 cities' erews leftover money A 1~2 '~ ~~ systat.left 45 cifi~ ~ .~. ,: ex~a ~h ~d ~u~fi~" ' ~os~..ge ~ey?. ~;. ., ' ....~![g~ ~ ..:No~d~ ~ms to ~ow ~u~h of ~e old ~m~n mone~m d~,~.',~'ould ~ more th~.$7~ ~1- ~o~:"" ....... ~.,.~.:.~ left over wh~.a . ~:6~.'municipfl ~li~ ~d,fi~ ~m.~,s~m ~ o~ ' :.~.~ ~ ~11iom ~ jmt sing th~.'~'~ '~a~hering inm~t ba~;'~unts of 4~ Iowa ~it~. But ff ~li~ ~d ~m s~ ot ~ ~ti~ ~ ~ f~ law~t, '~1 or ~ of ~at mog~y m~nd~up gong away. - Po~ce ~d f~fi~mm ~ ~n- fi ~;~he'hW~it in ~m~r~'.~- "g~g t'~y have a ~t s~ff '~. '~ ~ ~e~ emp.~ ers ~e as'~'~ su~ e~. a year'~/wa3t,.but it s being w dosely.,---,and tn some cases votis~ ~,;- by ~ity offdais in . '~ is~/~h' as' Ankeny, Indianola we'~ ~ ~!.oines; who since, · h~/~/e been. using their own leftowl' p~nsion...assets to fund Could Be Big "It's pore. ntinlly n big deal," ,'~ An_di Stewar~ of the,towa League of Cities. "If that money goes away, the cities don't have it. If the cities don't have it~ they're going to have to raise people's taxes -- including tho~ on the police a~d f'tmfight~rs ~votved in the suit." ':' "(The 'lawsuit is) a question' ~f who gem the ca~h, how. it ge~ split. up and whether they're entitled tO. any of it," ~aid Bett~ndorf City tomey Greg Jager. ~ .The det~l~ behind it ~re ~omp~- cared, confusing and potentity very expe~ive. · ,.,.. "This 'is" not really the l(m.~pf case" th~l:. lends itself quot~s;~.. s~d Rober~ K ,~i .~-~ Hollow .o~l,Fht., la~er ~o:'. resenting'. the police :~'..~.".d'~'~:~- fightera. "But for a The .l~wa Municipal Fire' ~_~d Police Retirement s¥Stern was ~ amd-.in.'lOOl by a sta~....law elimi~at~ a system of 1oc~ l~en- sion .fund~ t~at had dat~.ba~...._(o. 10:34. The' Statewide pension sy~t. em ~ook effect on New .Yeaifs 'Day Council on Disability Rights and Education 2. 3. 4. 5. 6. BOARD OF DIRECTORS MEETING AGENDA APRIL 1, 1997--9:30 a.m. CITY COUNCIL CHAMBERS CIVIC CENTER - 410 EAST WASHINGTON STREET IOWA CITY, IA 52240 Approval of Prior Board Meeting Minutes Chairperson's Report Director's Report Other Business Next Meeting, July 1, 1997 Adjourn CC: iowa City City Council Johnson County Board of Supervisors CDRE MISSION STATEMENT The Council on Disability Rights and Education (CDRE) is a non-profit educational organization dedicated to accessibility, full participation and inclusion of persons with disabilities. Our mission is to act as a comprehensive, community-wide educational resource for promoting disability awareness, to provide technical assistance and to encourage compliance with disability civil rights legislation. Our goal is the attainment of community-wide accessibility and the full participation of persons with disabilities to all facilities and services within our community. mgr/asst/cdre4-1,bd Council on Disability Rights and Education BOARD OF DIRECTORS MEETING MINUTES JANUARY 7, 1997--9:30 a.m. CITY COUNCIL CHAMBERS, CIVIC CENTER - 410 EAST WASHINGTON STREET Directors Present: Chairperson Keith Ruff, Lon Moeller, Orville Townsend, Chris O'Hanlon, Tim Clancy, Dale Helling, Ann Shiers, Heather Ritchie The meeting was called to order at 9:40 a.m. Those present introduced themselves. CHAIRPERSON'S REPORT None, DIRECTORS' REPORTS None. OTHER BUSINESS It was reported that the Housing Committee and the Public Relations Committee have proposed merging into a single committee. At the last CDRE meeting, the membership approved of this consolidation. The Board agreed that merging these two committees should help the organization in promoting itself more. The Housing Committee has, for the most part, completed its current tasks and this merger will keep the committee active while enhancing more public relations activity. There was concern expressed that the activities of the committee could become confused, having two separate charges, resulting in possible neglect of one or the other. Therefore, the name of this new committee should include both housing and public relations references. The Board agreed unanimously to merge the two committees into the Housing and Public Relations Committee. It was brought to the Board's attention that its quarterly meeting minutes have not previously been formally approved by the Board. Minutes of all meetings thus far will be consolidated and officially approved at the Board meeting in April. From then on, each agenda will include approval of the minutes of the previous Board meeting. A question was raised regarding the status of the selection of a Chamber of Commerce representative to the CDRE. Helling advised that the Chamber was attempting to identify a representative but had not responded with a specific name thus far. It was agreed that the Chairperson would communicate with the President of the Chamber of Commerce regarding this matter. The next meeting of the Board of Directors will be on April 1, 1997. Meeting was adjourned. rngr/asst/cdre 1-7 .min Council on Disability Rights and Education BOARD OF DIRECTORS MEETING MINUTES OCTOBER 1, 1996--9:30 a.m. CITY COUNCIL CHAMBERS, CIVIC CENTER - 410 EAST WASHINGTON STREET Directors Present: Heather Ritchie, Crockett Grabbe, Keith Ruff, Linda McConnell, Tim Clancy, Chris O'Hanlon, Lon Moeller, Dale Helling, Ann Shiers The meeting was called to order at 9:43 a.m. Those present introduced themselves. ELECTION OF OFFICERS The interim officers were reelected for an additional one year term. They include: Keith Ruff Lon Moeller Dale Helling Chairperson Vice-Chairperson Secretary DESIGNATION OF DIRECTORS' TERMS OF OFFICE Directors appointed for one year terms include: Kevin Burt John McKinstry Chris O'Hanlon Heather Ritchie Loren Schmitt Orvil Townsend Directors appointed for two year terms include: Tim Clancy Crockett Grabbe Linda McConnell Dale Helling Lon Moeller Keith Ruff Ann Shiers DIRECTORS' REPORTS None. There being no other business, the meeting was adjourned at 10 a.m. The next meeting will be on January 7, 1997. mgr/asst/cdre 1 O- 1.min Council on Disability Rights and Education MEETING MINUTES BOARD OF DIRECTORS JULY 2, 1996 - 9:30 A.M. CITY COUNCIL CHAMBERS - CIVIC CENTER Directors Present: Keith Ruff, Lon Moeller, Tim Clancy, Dale Helling Members Absent: There was not a quorum present for the meeting. Those attending agreed that it would not be necessary to fill current vacancies on the Board as there will be a general election at the annual meeting in September. In response to a question regarding the status of a Chamber of Commerce representative, Helling explained that the Chamber was in the process of reassigning some duties and it will be determined shortly who will be the liaison person to the CDRE. Notices, ballots, etc. for the September annual meeting will be sent out in August. mgr\asst\bd7-2.min Council on Disability Rights and Education MEETING MINUTES BOARD OF DIRECTORS MAY 7, 1996 - 9:30 A.M. CITY COUNCIL CHAMBERS, CIVIC CENTER - 410 E. WASHINGTON ST. Present: Linda Carter, Tim Clancy, John Harshfield, Dale Helling, Lon Moeller, Keith Ruff, Doris Jean Sheriff Absent: Mace Braverman, Kevin Burt, John McKinstry, Orville Townsend The meeting came to order and its was agreed to defer the election of officers until later in the meeting in hope that more members would arrive. MEETING SCHEDULE It was agreed that the Board of Directors would meet quarterly on the first Monday of the months of January, April, July and October. Meetings will immediately precede the regular organization meetings during those months and will be at 9:30 a.m. in the City Council Chambers. Keith Ruff arrived. OTHER BUSINESS It was noted that the bylaws specify 13 members for the Board of Directors and we have only 11. It was noted that Chris O'Hanlon has previously expressed interest in serving on the Board. It was moved and seconded that O'Hanlon be elected to the Board. Motion passed unanimously. There was agreement that it would be desirable to have the representative from the Chamber of Commerce on the Board as well. Helling will contact the Chamber to determine if this is acceptable to them. ELECTION OF OFFICERS It was agreed that the officers elected now would serve only until the annual meeting in the fall at which time elections for a full year woulid take place. Helling volunteered to serve as Secretary during that time if the Board wished. There was a nomination of Orville Townsend for Chairperson. Those present agreed that it would not be appropriate to elect someone as chairperson without their first determining that person's willingness to serve. There was a nomination of Keith Ruff for Chairperson. Ruff indicated that he would be willing to serve in that capacity. There was a nomination of Lon Moeller for Vice Chairperson and he indicated that he would be willing to serve in that capacity. After some discussion, the nomination of Orville Townsend for Chairperson was withdrawn and he was instead nominated for Vice Chairperson. It was agreed to conduct the election of Vice Chairperson by written ballot, with the understanding that if Townsend were elected and could not serve in that position, Moeller would be the Vice Chairperson. By unanimous voice vote, Keith Ruff was elected Chairperson and Dale Helling elected Secretary. By written ballot, Lon Moeller was elected Vice Chairperson. The next Board of Directors meeting will be at 9:30 a.m. on July 2, 1996, in the City Council Chambers. Meeting adjourned. mgrtasst\bd5-7.min Council on Disability Rights and Education 5. 6. 7. 8. MEETING AGENDA APRIL 1, 1997 - 10:00 A.M. CITY COUNCIL CHAMBERS CIVIC CENTER - 410 E. WASHINGTON ST. IOWA CITY, IA 52240 Introductions Approval of Minutes Committee Reports a. Housing & Public Relations b. Transportation c. Public Accommodations Report of Board of Directors Other Reports Other Business Next Meeting Agenda - May 6, 1997 Adjourn CC: Iowa City City Council Johnson County Board of Supervisors CDRE MISSION STATEMENT The Council on Disability Rights and Education (CDRE) is a non-profit educational organization dedicated to accessibility, full participation and inclusion of persons with disabilities. Our mission is to act as a comprehensive, community-wide educational resource for promoting disability awareness, to provide technical assistance and to encourage compliance with disability civil rights legislation. Our goal is the attainment of community-wide accessibility and the full participation of persons with disabilities to all facilities and services within our community. mgr~asst\cdre4-1 .agd Council on Disability Rights and Education MEETING MINUTES MARCH 4, 1997--10:00 am CITY COUNCIL CHAMBERS, CIVIC CENTER - 410 EAST WASHINGTON STREET Present: Keith Ruff, Heather Ritchie, Lon Moeller, Jane Monserud, Loren Schmitt, Richard Craig, Dale Helling, Marjorie Hayden-Strait, Kevin Burt, Chris O'Hanlon, Tim Clancy, Ann Shires, Martha Yoak, Rich Young Chairperson Ruff called the meeting to order Those present introduced themselves. Minutes of the meeting of February 4, 1997 were approved as presented. COMMITTEE REPORTS Housing/Public Relations: The Committee has not met since the last CDRE meeting. Burt indicated that he had received some suggestions for modifying the Housing Accessibility Guide but that in general it has met with wide approval. Four people have indicated that they have found accessible housing using the guide. They observe that it is easy to use and makes location of appropriate apartments much easier. Butt also indicated that as the community of Washington, Iowa continues to develop a CDRE. Some of those involved may be here as observers at a future meeting. The Washington Chamber of Commerce, schools, and local ministries have been very active and supportive. It is anticipated that City officials will become more involved. Burr has been working to help them locate accessible park/playground equipment. O'Hanlon explained the project in more detail, observing that it is a good project to start with in that it will demonstrate to the community what the CDRE is about and what it can help accomplish. Public accommodations: The Committee has not met since the last CDRE meeting. There continues to be positive feedback on the guide to bars and restaurants. Ruff commented that this publication entailed a lot of work and complemented those involved. It was pointed out that available copies are limited and an additional printing is needed. Shires passed out a copy of the survey which will be distributed to local religious congrega- tions as reported by Reverend McKinstry at the February meeting. A copy is attached. Transportation: Two options are being discussed regarding the Project Action program. The first option would be to continue as planned and do a structured eight hour presentation for 40 or more people on March 22. The other option is to pursue this same effort on our own, training smaller groups in several sessions over a period of time. We need to let the Project Action granting agency know what we are going to do. Many pros and cons have been discussed regarding the local versus the national approach. The transportation committee has not taken a position. However, the committee will meet on March 12 and discuss this further. Hayden-Strait pointed out that the March 22 Project Action date is the same as the Special Olympics at the University of Iowa. Also, she noted that the new Iowa City Transit coaches have not yet arrived and further that routes may be changed. She suggested we take the local approach and keep the door open for project action later. A training event could be done on any day prior to August 23 and route system changes would be initiated by August 18. She observed that doing training around that time would be advantageous. Council on Disability Rights and Education March 4, 1997 Page 2 Schmitt felt that it might be difficult to get 40 people to participate in one session, and therefore suggested that the local approach might be a more appropriate way to go. OTHER REPORTS O'Hanlon noted that the Bionic Bus schedule and operation may be modified in the near future. The transportation committee may want to look into this. It has been suggested that this service be operated only within one mile of the University campus. It was noted that there may be federal regulations precipitating this change. Moeller indicated he would give a more complete report at the next meeting. Ritchie thanked the CDRE for cosponsoring the legislative forum at the Senior Center last month. She advised that State Representative Mary Mascher had attended and referred to a study bill which would address some of concerns we have regarding accessible parking. She mentioned two more bills which do not address our concerns and are not really acceptable. Craig has researched other states and has found that Iowa is the only state requiring a designation of having a disability on one's driver's license. Ritchie expressed optimism that some progress will be made with the legislation and she indicated that the Iowa Department of Transportation is supportive of the recommended changes. Craig noted that Phase 3 of the "Iowa in Motion" state transportation plan is occurring and copies can be accessed at the Iowa City Public Library and other locations. The public can comment prior to March 20 and offer input before the plan is finalized, Hayden-Strait suggested that we promote inclusion on the IDOT Commission of people who have disabilities. Meeting adjourned at 10:55 a.m. (After the meeting a short video was presented which demonstrated a variety of accessibility problems, particularly in and around the downtown area.) mgr/asst/cdre3-4,min SURVEY FOR CONGREGATIONS Congregation/group: Person completing survey: 1. Architecure: Please check which features your congregation's facility has. descriptive notes. __ Wheelchair-accessible entrance or ~ Ramp for access __ Activated (electric) door Accessible restrooms m Wheelchair available for use in building , 6 __ Transportation __ Other features not listed (please describe): Feel free to add 2. Communication: Please check features wMch your congregation utilizes, and add a brief note about when/how they are used (e.g. - 'qarge-print hymnals, available for worship"). Sign language: __ Hearing-assist devices: ~ Large-print resources: ~ Braille resources: .. Computer [ Intemet resources: m Curriculum/classes for mentally retarded persons: m Resources for integrating persons into religious education classes: Other resources not listed (please describe): (Please turn over) 3. Attitude: Please describe programs / activities designed to encourage an open and welcoming attitude among your members (e.g. - '~usher training regarding courtesy toward persons with disabilities"). Please note resources used. 4. In what ways are persons with disabilities involved in service and leadership in the life of the congregation? 5. Would your congregation be interested in further networking and educational opportunities regarding being a more welcoming congregation? If so, please list a contact person and phone number: Thank you for your time in completing this survey. IOWA CITY CLERK From~ Jo ~o~arty ! 3-24-97 9:12am p, 2 of 3 Johnson CounVy BOARD OF SUPERVISORS Sally Statsman, Chairperson Joe Bolkcom Charles D. Duffy Jonathan Jordahl Stephen P. Laeina March 25, 1997 INFOR1VA'L-M~EET'ING 1. Call to order 9:00 a.m. 2. Review of the formal minutes of March 18th Business from the Physical Plant Manager re: garage. discussion remodelling courthouse 4. Business from the County Attorney a) Discussion re: plans, specifications and form of cortract for replacing windows, installing new heating and air conditioning systems and repairing gutters at the Courthouse garage. b) Other Business from Carol Thompson, Chief Juvenile Court Officer detention cost. discussion re: 913 SOUTH DUBUQUE ST. P.O. BOX1350 IOWACITY, IOWA 52244-1350 TEL: (319) 356-6000 FAX: (319) 356-6086 '£o: 1~ ~1~¥ i~g~ ~om: Jo ~o~a~ty 3-24-97 9:12am p. 3 of 3 Agenda 3-25-97 Page 2 6. Business from the Board of Supervisors a) b) c) d) e) g) h) Discussion re: acceptance or approval of computer needs report. Discussion re:review of applicants for Recorder's Office and plans for appointments to the Recorder Office Study Committee. Discussionre:procedure for filling Pare-Transit Director position for S.E.A.T.S. Discussion re: budget planning Discussionre:final agenda items Board/County meeting. Discussion re: John~'$~'~:'-C;6unty Commission. Reports Other for joint City/Iowa City School appointment to Iowa City Deer 7. Discussion from the public 8. Recess Jolmson County _ Sally Stutsman, Chairperson Joe Bolkcom Charles D. Duffy Jonathan Jordahl Stephen P. Lacina BOARD OF SUPERVISORS March 27, 1997 FORMAL MEETING Agenda 1. Call to order 9:00 a.m. 2. Action re: claims 3. Action re: formal minutes of March 18th 4. Action re: payroll authorizations 5. 9:00 a.m. - Public Hearing on Conditional Use Permit a) Discussion/action re: the following Conditional use Permit: Application CU9701 of Gene Zdrazil, River Junction Road SE, Lone Tree, IA., requesting a Conditional Use Permit to operate a Chiropractic Office in his residence. The property is described as being Lots 16 through 22 of Block 3 in the unincorporated area of River Junction, located in the NW 1/4 of Section 12; Township 77 North; Range 6 West of the 6th P.M., Johnson County, Iowa. (Fremont Twp.) 6. Business from the Planning and Zoning Administrator a) Final consideration re: amending the legal description of Ordinance 10-13-87-Z3 of application Z8717 for Tom Cannon. b) Other 913 SOUTH DUBUQUE ST. P.O. BOX 1350 IOWA CITY, IOWA 52244-1350 TEL: (319) 356-6000 FAX: (319) 356-60861~ ~ '10:lug6 ti'[X t6bg~ from: Jo ~o~arC¥ ~-~0-5'/ ~:dqa~ p, 3 Of 4 Agenda 3-27-97 Page 2 7. Business from the Assistant Planning and Zoning Administrator a) Motion setting public hearing for a Conditional Use Permit CU9703 of Kenneth and Twyla Morlan. b) Other Business from Bruce Ahrens, AFM Senior Farm Manager for-Farmers National Company re: bidding County Farm into the Conservation Reserve Program. discussion/action 9. Business from the County Auditor a) Action re: permits b) Action re: reports Other 10. Business from the County Attorney a) Discussion/action re: plans, specifications and form of contract for replacing windows, installing new heating and air conditioning systems and repairing gutters at the Courthouse garage. b) Report re: other items Agenda 3-27-97 Page 3 11. Business from the Board of Supervisors a) Motion authorizing Chairperson to sign County Farm Lease in the amount of $6,310.50 for approximately 62 acres. Renting to Tom Williams and Guy Williams. b) Action re: FY '98 Mental Health/Mental Retardation/Developmental Disabilities Plan. c) Motion congratulating the Solon High Coach and team for winning the girls Class 2A basketball state championship game. d) Motion congratulating the Mid-Prairie High Coach and team for an outstanding achievement in the Class 2A state girls basketball all-state- tournament. e) Discussion/action re: Proclamation for National Volunteer Week for April 13-19, 1997. f) Motion accepting D. Lorraine Stamus resignation from the Johnson County Board of Health and authorize Chairperson to send a letter and certificate of appreciation. g) Action re: Johnson County appointment to Iowa City Deer Commission. h) Action re: acceptance of Computer Needs Report. i) Other 12. Adjourn to informal meeting a) Discussion re: Johnson County appointment to Iowa City Deer Commission. b) Discussion re: non-elected department head evaluations. c) Inquiries and reports from the public d) Reports and inquiries from the members of the Board of Supervisors e) Report from the County Attorney f) Other 13. Recess to informal meeting on Monday, March 31, 1997 a) Interviews with candidates for the position (executive session to the extent permitted by law). b) Other 14. Adjournment of interim Recorder Johnson County Volunteers are invited to a Hearty Bt'¢akfast Monday April 14, 1997 - 7:30-9:30 am Montgomery Hall, Johnson County Fairgrounds Also join us on Wednesday April 16, 1997 at 11:00 am for our Annii'al Tree Planting' in honor of all Johnson County Volunteers. .. ' ,.~q,-'~ Northrklge Park On Holiday Road in Coral*file .:~v-_~-~.~ .f-~- ' ~_ Rain or Shine