HomeMy WebLinkAbout1996-09-24 Correspondence
NancF Foo~ner
1829 Frlendsl~ip
Iowa City, IA 52245
9- ~9-96
Maye: Naomi Novick
City Council
City of Iowa City,
410 E. Washington St.
Iowa City, IA 5224o
Dear Mayor Novick,
It is with deep regret that I must announce my resignation from the Design
Review Committee due to unavoidable time conflicts with my work schedule.
It has been an honor to serve on this committee and I feel that a great ¢teal
has been accomplished during my time of service. I am optimistic for the
future direction of tt:e committee and for our community for which it serves.
Sincerely,
Nancy Foother
1996 ·
September 13,/ ~'j~ ~ o_.4~
Jeff B. McClurff', P.E.
Iowa City/~neering Division
Dear Mr.///McClure:
My husband and I have lived at 3328 Shamrock Drive for 19 years and have greatly
enjoyed our pleasant, quiet neighborhood. A primary factor in that enjoyment has been
the tree lined creek that runs behind our property. In fact, when we were looking for a
home in Iowa City nearly 20 years ago we decided to live here rather than elsewhere
precisely BECAUSE of the creek and the trees.
Over the years the lower part of the creek has at times caused the back yards to be wet.
Some of our neighher's yards have been wetter for longer periods of time than have
others. Their fiustration is understandable, and like them we would like to find a solution
to this problem (please refer to my husband Bn~ce Randali's letter for specific proposals).
There are several reasons for not desiring any of the projects that have thus far been
presented to us and our neighbors as solutions to this problem. First, 1 believe that the
erosion control at the culvert entrance only option does not alleviate the flooding
experienced in the neighborhood. Second, both of the two large projects call for
sacrificing a large number of trees in our back yards. In one scenario, around 100 trees
would be uprooted. We have been told that the lost trees would be replaced one-to-one.
This sounds nice, but many of the trees that would be sacrificed are large and cannot easily
be replaced. Also, the trees provide us with so many benefits, first and foremost is the
provision of oxygen, our very life's breath. Second, the trees provide habitat for several
species orbitals as well as lbr the numerous squirt'els that are so much fun to watch
especially on cold ranter days. The trees provide cooling shade on hot sunny days (and
help decrease our air conditioning costs). Their root systems help stabilize the creek
banks thus preventing erosion. Then there is the aesthetic quality that trees provide; a tree
is a thing of beauty year round. Wildlife other than birds and squirrels populate the creek
drainage way: a pair of ducks live there, as well as a pair of muskrats, minnows and many
interesting water bugs. A final reason for not wanting either of the two large projects in
my back yard is economic The open channel option is estimated to cost at least $200,000
for constn~ction. The other option, piping the creek, is estimated to cost at least $500,000
in construction costs alone. This is a very high price to pay when other less intrusive
options that will work well are available.
We believe that there are solutions to the water problem that have not been considered.
The options outlined in my husband's letter would be feasible, and would prevent much of
the flooding, at a much lower cost to the taxpayers oflowa City.
We live in a drainage way and like our neighbors we frequently have a wet lower backyard
when we have a lot ofrain, but the two major projects that have thus far been proposed
are too costly both environmentally and economically. We urge you to seriously consider
other, more intermediate options such as outlined in Bmce's letter. Thank you for your
lime.
Sincerely,
Christina Randall, Ph.D.
3328 Shamrock Dr.
ce: City Council
cc: Steve Arkins, City Manager
cc: Erica Cooper, Neighborhood Services
cc: Rick Fosse, Engineering Division
September 13, 1996
JeffB. McClufk, P.E. ' ~
Iowa City~gineefing division
Dear M./~M cClu;e:
I am writing in regards to the proposed creek project(s) in the Shamrock Drive -
Friendship Street neighborhood. In the mid-1980's a project was undertaken to alleviate
backyard flooding. That design was under-engineered and the two new options of the
buffed pipe and the open channel are, in my estimmion, extremely over-engineered. 1 find
those two options totally unacceptable.
The upper stream bed which was not "improved" in the 1980's is very nearly
adequate for all but the heaviest downpours. Most "overflow" in the upper stream bed is
due to the combination of the run-offfrom our own property and the back up from the
inadequate flow down stream in the "improved" lower stream bed.
The original modifications replaced the small culvert under Shamrock Drive with a
rnuch larger diameter culvert. This new culvert is quite adequate for any storm as long as
the grate is kept clear of debris. The area around the mouth of the culvert and around the
bend were tip-rapped with large stones placed over a cloth. This might have been a good
solution if the lower part of the stream had not been "improved." The improvement to the
lower stream bed was to place large rocks in the stream bed as had been done around the
curve. This produced a non-eroding bed which had a considerably smaller carrying
capacity than the original stream-bed. I told the engineers at that time, that the capacity
was too small and if that was how it was to be continued upstream, I did not want it done
to the stream behind our house.
The current situation is such that during a good rain storm the water and silt
flowing from the upper part of this stream is flowing at about 5 feet per second until it
reaches the rip-rapped area of the stream. At this point the water flows over the adjacent
property because the stream bed is so small. This spreading out of the water also slows
the overall stream flow and allows the silt to be deposited on the rip-rap. Since the
improvement project of the 1980's the lower part of the stream is almost non-existent Jn
some places due to this silting process. This spreading out ofthe water has also caused a
back flow of water around the curve and has hastened the erosion of soil at the curve.
I said at the beginning that I think that two of the options for new construction are
extremely over engineered. This stream now drains only 175 acres, down from the
original 300 acres when we first moved into this house in 1977. The designs call for a
capacity of 300 cubic feet of water per second. This corresponds to a steady rainfall o£
40.8 inches in 24 hours over the 175 acres. At this rate of rainfall I calculate that the back
20 feet of our property would accumulate a foot of water just from the rain falling on my
p_t_operty in one hour.
A more realistic estimate for design would be to assume a range of 8 to 12 inches
of rain in 24 hours. I know this figure sounds very high as it corresponds to 20% to 30%
of our annual precipitation falling in just one day.
The upper part of the stream is now capable of handling a flow of about 60 cubic
feet per second and if the lower part of the stream had the rock removed and was
deepened/widened to a similar dimension to the upper part or like it was before the 1980's
improvements it could also handle such a flow. This would allow the stream to flow
smoothly and would adequately take care of up to an 8 inch rain in 24 hours.
If this is not sufficient, then the whole length of the stream could be dug out to
increase it's capacity by 50% to accommodate a 12 inch rain., I personally don't think this
latter suggestion is needed or is economically justifiable. With a very heavy rain, the
runoff from one's own property is going to make the back yard wet and no amount of
engineering of the stream bed will prevent this from happening.
The new stream bed should not be rip-rapped but should be allowed to erode to
it's natural dimensions within reasonable limits. The banks should be stabilized with live
willow stakes until other vegetation can be established. The natural stream will be able to
return to it's normal state with the establishment of the natural flora and fauna already
found in the upper part of the stream. The upper part of the stream has increased it's
capacity by about 20% in the last 19 years and the lower part will reach a natural
equilibrium within a similar time frame.
Erosion control at the culvert entrance must be taken care of to protect the nearby
property. Another improvement needed at the culvert and curve in the stream is the
addition of a drain down stream of the stream bed near the lowest point to funnel the
water into the stream so that the runoff water below the stream is drained off without
eroding the stream bank near the curve.
I urge you to consider these and/or similar intermediate options to decreasing
flooding in this neighborhood. 1 have been watching this stream in action from the view
point of a scientist for over 19 years. If you have any questions or comments please don't
hesitate to telephone me at 335-1939 during the day, or at 351-1974 in the evenings.
Thank you for your time.
Respectfully,
Bruce A. Randall, BA, MS, Ph.D., Physics
3328 Sliamrock Drive
Iowa City, IA 52245
cc: Erica Cooper, Neighborhood Services
cc: Rick Fosse, Iowa City City Engineering Division
cc: Steve Arkins, City Manager
ce: City Council members
September 18, 1996
Mr. & Mrs. Randall
3328 Shamrock Drive
Iowa City. IA 52245
CITY OF I0 WA CITY
Re: Friendship St./Shamrock Drive Creek Channel Improvement Project
Dem' Mr. & Mrs. Randall,
Thank you for responding to the meeting that was held on September 4, 1996. I
appreciate the time and effort invested in your letters. I will attempt to respond to the
statements made in your letters regarding the proposed project listed above.
First of all, let me reiterate the guidelines used by the Engineering Division for the
proposed project. It has been our understanding from the neighborhood meetings that the
majority of the property owners favor maximum flood protection. Also, due to a
resurgence of concern for flooding following the 1984 improvements, a long term
solution was considered so that this would not be an issue in another ten years.
Therefore, an optimum water conveyance system was designed that would greatly reduce
the amount of backyard flooding that occurs in the neighborhood. There are intermediate
options that are an improvement from the current condition of this creek, however, they
do not provide maximum flood protection.
The amount of tree removal required for the proposed channel and pipe options is
unfortunate. As you know, in an attempt to treat all property owners fairly, the creek
channel improvements were centered on the back property lines which requires the
removal of additional trees.
Regarding Mr. RandaWs letter, I have responded to it on a paragraph by
paragraph basis.
P1. The buried pipe and open channel options presented are intended to greatly reduce
backyard flooding along the entire creek. The designs were based upon conservative
flow rate values for a 100-year storm.
P2. It is the heaviest downpours that we are designing for in order to prevent backyard
flooding.
P3. True, the grate is a big source of the flooding problems and prevents the existing
culvert from performing at its capacity. As long as the grate is in place, there is a
potential for flooding, no matter what size the channel. The buried pipe option will
410 EAST WASHENOTOI,~ STREET * IOWA CITY. IOWA $2240-1826 · (319) 3!1§-5000 · FAX (319) 356-S009
eliminate the need for the grate and allow the existing culvert to perform at its capacity.
The proposed channel is of a larger capacity than that constructed in 1984.
P4. True, it is also my understanding that the creek channel needs to have increased
capacity.
P5. The Engineering Division staff members who worked on the hydrology
calculations are interested in seeing the materials and methods you used in determining
your figures. The flow rate value we used for design is an averaged number based upon
values obtained from the Rational Method, the SCS TR-55 Method, previous engineering
calculations by private and public engineers, mid field data.
P6. See comment P5.
P7. See comment P5.
P8. See comment P5.
P9. As stated at the neighborhood meeting, the open channel option does not include
rip-rap. It is a combination of grass embankments and reno mattresses that have greater
stability and lower flow resistance than conventional rip-rap. Again, it was my direction
to provide a stable, improved drainage system for the long term.
P10. Final design oftIris project, whether buried pipe or open channel, would include
the use of yard intakes and drainage tile to drain low areas.
P 11. There are many aitematives that could be considered for this area. The level of
flood protection favored by the neighborhood would determine the design. As stated
earlier, the proposed buffed pipe and open channel options are designed for maximum
flood protection.
I hope this explains the approach that the Engineering Division has taken up to
this point. Further discussion of this project with the involvement of the City Council
will occur and I will keep you, as well as the entire neighborhood, informed. Thank you
for your time.
Sincerely,
Iowa City Engineering Division
CC:
Steve Atkins, City Manager
Rick Fosse, City Engineer
Jeff Davidson, Asst. Director, PCD
Erika Cooper, Neighborhood Services, PCD
c:~'nsofficc[winwordXprojccts~shamrock~andall 1 .doc
September 11, 1996
City Council
City of Iowa City
410 E. Washington
Iowa City, IA 52240
Dear City Council Members:
This letter is written regarding the flooding in Abbey Lane and environs.
Last year I attended several meeting before last year'$ City Council regarding the new
development located at Rohret and Mormon Trek. One of our strong and main
concerns regarding the development was that it would lead to increased flooding as
lands there to absorb water would be paved over. Developer "Engineers" assured us
and the City Council that a retaining pond located at the south end of the project
would solve this problem. Although this project was strenuously objected to by all
without a finandal stake in the project, the City Council approved the project.
In spite of this we continue to have flooding in the area which has increased in
recent months.
I now learn through our neighborhood organization that the city wishes to hire a
consultant at $10,000 to study flooding in this area of the city. I object to this as I was
under the impression that our flooding problems were solved by the retaining pond
which has been constructed as part of that development.
Since current construction has not ameliorated our flooding problem and in my
opinion made it worse, I therefore urgently and respectfully request that there be a
moratorium and further construction at that site be halted until an INDEPENDENT
engineering firm can determine what precisely needs to be done. Further, I propose
that the developers of this project be responsible for payment of any consulting fees
and new construction costs related to flood control since they had assured the
citizens of Iowa City that this construction plan would not contribute to the flooding
in our neighborhood and indeed improve the situation.
Thank you for your attention and consideration.
Sincerely,
Todd J. Janus
2302 Abbey Lane
Iowa City, Iowa 522464506
Phone: (319) 354-22833
Fax: (319) 353-6808
E-Mail: todd-janus@uiowa.edu
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
September 18, 1996
Steve Atkins, City Manager
Rick Fosse, City Engineer ~
Mormon Trek / Abbey Lane Drainage Issues
As you recall, at the public hearing for the Abbey Lane Trunk Sewer and KIWANIS Park Storm
Water Improvements, a representative of the neighborhood asked that the City take a broader
look at the storm water issues as they relate to the flooding of Mormon Trek Boulevard, Abbey
Lane and private properties. The Council agreed to commit resources to study this issue. To
this end, we have recently contracted with MMS Consultants to prepare a conceptual study of a
regional storm water management facility west of Highway 218. In addition to hydraulics and
hydrology, the conceptual study will address open space, trails, sensitive areas,
property/easement issues, and opportunities for financing and cost recovery. The cost of this
work will be approximately $3000.
On a related note, I recently reviewed correspondence from an Abbey Lane resident that
expressed concern that the Mormon Trek Village storm water management facility did not
remedy the problems noted above. This was not the intent of that facility. As with other
developer installed facilities, that basin was designed to mitigate the impact of the Mormon Trek
Village site only. It was not a regional facility.
cc: Chuck Schmadeke
RFCEIVEB SE? 'I 19 '
82!-7th ~ '~' S.
~owa C~t~, IA 52240
Sept. lO, 1996
The Iowa City-City Council
Councilors.
I am appalled by the City Council's lack of action ~nd leadership in the
statement at the beghming of Tuesday night's council ~eting would have
been very appropriate...more than a week ago! The mayor should have been
out in front with the police chief, mak~ that statement perhaps, and then
letthiS Winklehake nmke his. ~he police chief and the city manager are not
elected officials. They are hired administrators. We elect a city cottaell
to direct the administrators. You people choose a mayor from among
yourselves on the basis, one ~ould hope, of leadership skills and
experience. ~at we heard during the past week was a deafening silence
where the leadership should have been. If for some reason the mayor was
unable to car~7 out leadership ~msponsibilities, then another member o£ the
council should have picked up the ball, It is no wonder that people seem
so m~ry with you as well as with the police. You have given a vez7 good
impression of a city body flotmdertng with no head. Even if you had no
~ore information th~3~ anyone else, you should have at least given some
indication that you were on top of it-that so~one ~as in charge. You
o~n't fault Linda Woito entirely for her conm~nts when they were so widely
disseminated ?/~cause the lawyers were the only people doh~ ~ly kind of
ta]]~9~ !
As to the police department, surely you cannot believe that their own
intended in-house review by their own people in a department this small can
be sufficient. They setloudly need a review by ~n experienced
di~lltlke. reo~t~ third party. ~e DCI will no doubt do a serious
investigation of this incident, however, there are apparently allegations
of a series of other .~]cidents involving IC police that min~nally would
seem to indicate am attitude problem in their dealir~s with the citizenry
that may have been buildbig toward this tragic incident. Certainly a
chrome h'~ arrest policy that was lmpllmented about a year ago (if news
reports are correct) needs some serious discussion and review.
Besides urgi~ this outside review of the department, I strongly support
the Citizens Review Committee proposed as an aid to addressing some of the
problems with the IC police department, with the proviso that it include or
at least have access to scn~ advisors from outside the city goverrment with
expertise in police work m~d procedures. The Review Committee would
provide:
place for complaints regarding the police without the complainant
havb~ to reinerr to lawyers to be seriously heard
2. a go-between to me~e the police aware o~ real or perceived p~blems
buildh~ between the citizens ~d the police before they reach crisis
proportions
3. a body with so~ official sinaction that could have access to
info~ation and records t~at may be otherwise confidential~ for the poi~pose
of doc~nenting trends o£ ab~se of authority, excessive force, or, at least
overzealous behavior~ that might be indicated there.
All of this is too late for Eric. It does not exonerate the city council
from its aPRailing lack of leadership in this situation. It may however,
help to m~ke people feel that something positive has come out of this to
m~e t~t~s a little better. We need some decisive action to make it
possible for everyone to have a reason to begJ~ to regain confidence in the
city gover~nt and the police, and to begin to heal.
Since
~nthia Otis Charlton
September 14, 1996
Dear Iowa City citizens and officials,
I have read about the Shaw/Crillaspie tragedy, attended both press conferences
and the council meeting & I keep coming to the same conclusion. We ALL want the
same thing. We all wish it had never, ever happened and we all want to prevent the
situation from ever happening again. We all want to know the truth about August 30, we
all want the police and citizens to have a trusting relationship, we all want safety on our
streets, and we are all passionate about the situation in some way. We are called upon to
rise above polarization and prove that Iowa City is an intelligent, caring, and progressive
community. Together, from every walk of life, we need to unite in our goals and use
our passion and hnmanity to begin healing because we have no other choice. We
can't go back to that horrible night and change it. We owe it now to Efto's Shaw's
memory, we owe it to the inviduals who make up our police force and we owe it the
children in Iowa City and thus the future oflowa City, to turn violent actions and
impassioned rhetoric into progress inspired by passion, compassion and unity of purpose.
Let's start now, together.
__ Sin~erely,
435 Elmridge Ave
Iowa City, Iowa 52245
RECEIVED SEP 1 7 1996
34 7th Ave N.
Iowa City, IA
September 15, 1996
The Honorablc Naomi Novick
Mayor, City of Iowa City
306 Mullin Ave.
Iowa City, IA 52246
Re: Citizen Review Procedures
Dear Mayor Novick:
This letter is in response to your request, at the conclusion of last Tuesday's
public hearing, for suggestions concerning the possible creation in 1owa Cits' of a citizen
review board (CRB), Mthjurisdiction over allegations of police misconduct.
I appreciate the difficulty of the current situation in Iowa City. I also appreciate
the care and concern that you and your colleagues have shoxm in your approach to the
citizen review issue
I am xwiting as a long time resident of Iowa City (28 years), an occasional
participant in City government ( a member of two City Charter Commissions and one
term on the Board of Adjustment), and as a student of local government law and crilninal
law, both subjects I have taught at the Umversity oflowa College of Law. It is in this
latter capacity that l have reviewed the literature on the history,, structure, and
effectiveness ofcitizen review boards in American cities and the relative roles of police
departments and local legislative bodies in establishing policy regulating the use of force
by municipal police officers. The folloxving observations, based on my review of the
literature, may be relevant to your consideration of the citizen review issues currently
before City Council:
1. In terms of the formulation of pohce policy on the use of force and the
adjudication of citizen colnplaints of police misconduct, the long-standing autonomy of
the Iowa City Police Department is consistent with widespread practice in American
cities. Autonomy for local pobce forces emerged from a reform movement in the 1940's
and 1950's to shield the police froIn the often corrupting influence of elected officials m
large cities. The goal of the autonomy reform was an increased professionalis~n,
integrity, and effectiveness of municipal police forces. By and large that reform
movement ~s considered to have been successful in extracting local police from the
vagaries of local politics and corruption.
313 1
2. Since the 1970's, a counter trend of increasing citizen oversight and review of
police practices has developed in America's cities. More than sixty cities currently have
some form of citizen review in cases involving allegations of police misconduct. The
trend toward citizen review is also strong in English-speaking countries abroad.
3. The two principal strategies for increasing citizen oversight of police practices
are (a) some form of civilian review of complaints of police misconduct (through an
ombudsperson or citizen review board), and Co) a more proactive role for elected officials
both in setting police policy and in the adjudication of individual complaints of police
misconduct. Because citizen review boards and ombudpersons serve only in advisory
capacities, an enhanced role for the municipal legislature is crucial if the existing tradition
of nearly complete police autonomy is to be changed.
4. The relative success or failure of review procedures that are "external" to the
police department depends pr/marily on their perceived legitimacy in the eyes of the
general community, the local legislature and executive officer, and probably most
importantly in the eyes of the swom members of the municipal police department.
Initially police officers tend to resist moves toward external review, but the level of
resistance generally declines ifpolice officers accused of misconduct are treated fairly and
their individual rights are recognized and respected.
5. Probably the most important factors in reducing complaints of police
misconduct in the use of force are the rules of engagement that define the circumstances in
which both deadly and nondeadly force may be used, and the acceptance of the
reasonableness of those rules by the officers who are expected to follow them.
2
6. Citizen review procedures in individual cases involving citizen complaints can take
many forms, which vary principally in terms of who is responsible for (a) case
investigation and fact finding, (b) adjudication and disciplinary recommendations, and (c)
final decision and appeal within the municipal government structure. The follow/ng
outline indicales the division of authority for four possible decision making models, with
the following abbreviations: Police Department (PD); Police Chief(PC); Ombudsperson
(OM); Citizen Review Board (CRB); City Manager (CM); City Council (CC).
A. B. C. D.
Model lnv. & Fact Recommendations Final
Name Finding Decision
l.Ombuds-
person
PD OM to PC/CIW PC ,CM, or CC
CC
(a CRB could take the place of an individual OM)
2.Automatic
CRB Review PD
PC to CRB &
CRB to CM/CC
CM or CC
3.Appellate
Review to
CRB
PD PC to CM CM or CC
with appeal to CRB
possible by complainant.
lfthere is an appeal, CRB
to CM/CC
4.Fully External
CRB Review CRB
CRB to CM/CC
CM or CC
( Under each of these models, the final disciplinary decision would normally be
made by the City Manager or City Council. If the City Council choose to be the final
decision maker, it could act in all cases or only in the event of an appeal by a disciplined
officer or a dissatisfied civilian complainant. These changes may require modifications of
existing local law regulating the appeal and final disposition of disciplinary actions. Also,
more than one decision making model could operate, with the complainant, given the
choice of the system he or she prefers; finally, investigation and fact finding in an
individual case could be jointly conducled by both sworn officers and CRB members and/
or staff.)
3
7. Other important issues concern:
a. The composition of the CRB. There appears to be a consensus that it
should include sworn officers ( normally not from the local police force, i.e., officers who
are retired or employed in another community), local citizens, and individuals with legal
expertise.
b. The role of the police department, the City Manager, and City Council
in the selection of the members of the CRB.
c. The number and qualifications of CRB staff.
d. With whom should citizen complaints be filed? Consensus: outside the
police department.
e. The CRB's role as conciliator as distinguished from its role as an
adjudicator. Syste~ns that rely on non-adversarial modes ofresolving disputes appear to
work best.
f. If, and when, the CRB should conduct hearing (public and/or closed).
g. Should the CRB have subpoena power?
h. The cost of implementing each of the decision making models and the
extent to which each may affect the city's potential exposure in civil litigation by
agbwieved citizens.
I. What should be the degree of confidentiality of the established
proceeding and the resulting evidence and findings?
Ifyou consider it useful, 1 would be glad to consult with City Council and any
other City officials working on this project.
Sincerely yours,
David C. Baldus
335-9012(o)
4
338-4071(r)
c.c. Councilors
Larry Baker
Karen Kubby
Ernie Lehman
Dee Norton
Dean Thomberry
Dee Vanderhoef
Stephen J. Atkins, City Manager
Linda Woito, City Altomey
R. J. Winkelhake, Chief of Police
5
34 7th Ave N.
Iowa City, IA, 52245
September 18, 1996
The Honorable Naomi Novick
Mayor, City of loxva C~ty
306 Mullin Ave.
Iowa City-, IA 52246
Re: Citizen Review Procedures
Dear Mayor Novick:
I attended Tuesday's City Council working meeting on the citizen review issue
and want to thank the Council for its focus, energy., and openness on the issue. I also
thought the City Manager's presentation focused lucidly on the key issues. The Council
clearly appears to be moving in the right direction.
l am xvriting to underscore t~vo points that were raised m your meeting and to
consider where the proposals you are considering are likely to ta~e us
A. Competence
Tile first issue concerns the competence ofthe citizen reviexv board's (CRB).
members and staffers to do the jobs contemplated for them Specificall.%,, their
competence:
I. to recommend substantive police department policy,
2. to investigate allegations of police misconduct,
3. to conduct contested hearings involving claims against police officers in a
manner that respects their fights to fair treatment,
4. to assess the propriety and legality of police conduct m individual cases, and
5 to recommend discipline for offending officers that is both proportionate to the
severity of the misconduct involved and even handed visa vis the discipline of
other officers found guilty of similar misconduct
Some concern xvas expressed at your meeting about these issues and properly so.
The perceived competence of the CRB in handling these issues can significantly affect the
credibility and legitimacy of the entire system in the eyes of the community at large, but
particularly in the eyes of the members of our police department. The experience w~th
c~tizen review in other cities indicates that the long term support of the police is critical to
the overall prospects of success. If police morale is adversely affected to a significant
degree, citizen review could actually increase the division between the police force and the
rest of the community To avoid this possibility, it is important that the system adopted
is sensitive to the concerns of the police on such issues as the composition of the CRB,
and the manner in which it investigates and adjudicates contested claims of police
misbehavior
As for the composition of the CRB, I think it would be useful to consider a good
representation of people (perhaps one-third) with a history. of police experience, although
not officers on the current Iowa City force. At least at the outset, the CRB will need
professional and informed judgment about police practices and policies from members
with police expertise. This practice has produced good results in other jurisdictions wilh
citizen review. Expert advisors and witnesses in individual cases are no substitute for the
participation on the board of people xvith police expertise, and to a lesser extent legal
expertise. As for concerns that police professionals on the CRB would bias the system m
favor of the police, the general perception on the Rodney King case is relevant. It ~s that
the police officer defendants who assaulted Rodney King and were acquitted by aju~y of
ordinary citizens, xvould have been convicted in very short order by a trial of their police
officer peers.
As the CRB develops a tradition and reputation for competence and fairness,
the participation of board members with police expertise may become less important
But in the short run, I think it is likely to be very important in bringing the police
department along with the program. This consideration may also suggest a sunset
pro,,ision with a reviexv of the program after four or five yearn.
B. CRB Authority
.On the issue of the CRB's decision making authority in indivtdual cases (a
concern expressed at Tuesday's meeting), l consider it important that the board be given
explicit authority not only to make findings of fact, but also to make conclusory findings
of whether (a) there was "misconduct" under the department's rules and any applicable
state or federal law, and (b) in the event of a finding of misconduct, to recommend with
particularity, the discipline that should be imposed by the City.
C Appeals
Current law focuses on ;.he rights of a disciplined officer to appeal, if he or she is
dissatisfied with the discipline imposed This is understandable because the existing
structure was established with the interests of employees primarily in mind. In the
context ofc~vilian rewexv, however, the focus also needs to embrace the civilian
complainant who is dissatisfied xvith a decision of the CRB or the administrator (police
chief or city manager), xvho is responsible for the final decision. In such a situation, it
may be useful to consider the possibility on an appeal (a) to the City Manager (if the
2
police chief is the final decision maker), or (b) to the Council or the Civil Service
Commission, if the City Manager makes the ftnal decision,
D. The Future?
On the basis of the experience in other cities, what can we reasonably expect froin
citizen review over the near term, say two to four years, if Iowa City adopts the system
that appears to be emerging
I believe the answer depends in important part, on the extent to which the
Iowa City police accept the legitimacy of the system that is established and they are
willing to cooperate in its administration. /he answer will also depend on the
competence and judgment of the people given the citizen oversight responsibilities and
the extent to which the CRB has sufficient resources to do the job.
Assuming these conditions are met, I think xve can expect s~gnificant citizen input
on police policy and an emerging consensus on tbe appropriate rules of engagement with
citizens, in general, and the use of rome (both deadly and nondeadly) by the police, in
particular.
As for the citizen complaints, I expect mixed results. We should see an increase in
the number of complaints filed, as was suggested at Tuesday's meeting. Also many oF
these complaints will probably be resolved by conciliation to the mutual satisfaction of
bolh sides.
However, I expect that very few coinplaints not resolved by conciliation are likely
to result in findings ofpolice misconduct. The experience in other communities is that
hearings on most contested complaints result in swearing contests between the officer and
the citizen complainant. The mason for this is that the events giving rise to citizen
complaints often have no other objective witnesses. It is for this reason that the burden
of proof in contested cases is important. Also, police officers are often at an advantage in
such proceeding because they are generally represented by legal counsel, while the citizen
complainant usually is not. The rates of finding police misconduct in adjudicated cases
are normally below 10 or 15 %.
However, in spite of such a record, I believe that if the procedures adopted by the
ci.ly are perceived to be fair to both the citizen complainants and the officers involved, we
should see a sharp decline in the level ofmistrust in the current system and an enhanced
level oflegitimacy for the entire city government.
3
Sincerely yours,
David C Baldus
335-9012(0) 338-4071(r)
Stephen J. Arkins, Ci.ty Manager
Linda Woito, City Attorney
R. J. Winkelhake, ChiefofPolice
4
r I~ , ' ,..~.12 ': '; '" September 11, 1996
Naomi Novick
Iowa City Mayor
Civic Center
Iowa City, IA 52240
Jim Gilmore
915 7th Avenue
Iowa City, Iowa 52240
Dear Mayor Novick,
I have been following the cmrent situation in Iowa City concerning the shooting death of Eric
Shaw. As a local business person, I read the local papers, listen to local radio and speak with a rather
diverse cross section of Iowa City. Going way back, I also have experience as a retired officer in the
U.S. Army, Vietnam era.
I have been astounded by the lack of current Iowa City, Administrative, Police and Council
leadership in dealing with what has finally expressed itself in a tragic situation.
Where has the mayor been? Where has the city administrator been? Where has the police chief
been? Apparently, the current vogue is to pick up the pay check and mn from the responsibility.
Could it'possibly be that this glaring lack of leadership is one of the reasons that we are faced
with this current situation?
The police officer's job is not an easy one and requires community support and respect that is
reciprocal.
While in the military, I observed, first hand, situations involving violent death and the
mishandling of the situations by people in command, leadership roles. What happened to the leaders
who mishandled their roles? They were removed from their positions immediately. Perhaps this is
too drastic a position to take in our current Iowa City setting, but 40 caliber bullets are pretty drastic.
I hope that the community will move itself forward with all due speed towards a review board
with oversight powers.
We need police; the police need leadership and community support. Mrs. Mayor, City Council,
Mr. City Administrator, step up and earn your keep.
ely~
Jim Gilmore
Date: Wed, 11 Sep 1996 20:20:37 -0500
From: "John A. Nesbitt" <john-nesbitt@uiowa.edu>
To: mkarr@blue.weeg.uiowa.edu, kkubby@blue.weeg.uiowa.edu,
jbolkcom@blue.weeg.iowa.edu, joe.bolkcom@pobox.com,
d-yarbrough@uiowa.edu, arlys_hannam@prodigy.com
Subject: 96 LTR 1 Police Support
Letter To:
City Clerk Karr; please transmit to:
Mayor Novick t~
Manager Atkins: please transmit
Police Chief Winkelhake
Officers, Police Department
City Councilor Kubby
Copy to Johnson County Supervisor Bolkcom; please transmit to
Sheriff Carpenter and Deputies and Supervisors
Copy to University Heights Councilor Yarbrough: please transmit to
University Heights Council and Officer Gary McCune
Copy to Coralville Administrator Hayworth: please transmit to Chief
Bedford, officers, and Council
From:
Professor Emeritus John Arthur Nesbitt, Ed.D.
362 Koser Avenue, University Heights, Iowa 52246-3038 -- 319/337-7578
Re: Support of Officers and Deputies:
Heights, and Johnson County.
Iowa City, Coralville, University
As a resident of University Heights and Johnson County and neighbor
of Iowa City and of Coralville since 1972 I have had the opportunity to know
and observe Heights, Iowa City, Coralville, and Johnson County law
enforcement officers on a continuing basis.
I have known them as a person complaining about observation of
serious problems such as drug use in the area, as a driver with minor lapses
in speed control, as an active volunteer in fireworks safety, as a
householder requesting security checks, as a victim of fireworks vandalism,
and as a person needing various types of assistance.
Since 1972, in every instance of exchange and communication with the
aforesaid, I hav~ witnessed only professional, courteous, competent
performance. I have not encountered since 1972 a single incident or
infraction of law or regulation or infraction of professional behavior or
infraction of courtesy or breach of concern for my well being, or
disinterest in my satisfaction.
The recent fatality is grossly unfortunate for every person who is
associated in any way, particularly for the family of the victim and the
officer and his family and fellow officers.
I must state that I reject the hysterical, frenetic letters,
speeches, and behavior of some individual, organizations, and groups. Their
activities read-like and sound-like the unfortunate accident provided the
opportunity for them to express a series of pre-conceived hostile feelings
and opinions against law enforcement and law enforcement personnel. These
expression have nothing to do our community. They reflect imported
experience diverse from our community.
I view these behaviors as egregious, specious, cynical machinations.
These people and groups revel in the opportunity to parade their
reprehensible values and behaviors at the expense of the dignity due to the
decedent, the decedent's family, and the officer and officer's family and
fellow officers and department.
I know for a fact from direct observation that these individuals and
groups are interested in only their own self-aggrandizing exhibitionism; in
fact, these individuals and groups will put their followers in the harm's
way to act out their fantasies. Their behavior is disgraceful.
I am NOT confident that the Iowa Press Citizen is NOT among the
institutions who perceive this event as the means to achieve some of its own
goals through their reporting of this event, the goal to be achieved is long
range profit.
I have suppprted our local law enforcement officers and
institutions, currently support them, and will support them in the future.
I join many others in expressing sympathy to the family of the
decedent, to the officer and his family, and to all local law enforcement
personnel -- all of whom are grieving this loss.
JOHN NESBITT
UIowa Prof-Emer. John Nesbitt, Ed.D., 362 Koser Av, Iowa City, IA 52246-3038 USA
TEL 319/337-7578 E-MAIL <john-nesbitt@uiowa.edu> FAX available on request
All information by Nesbitt on E-Mail/Internet/WWW is posted in Public
Domain & may be reproduced/relayed in part/completely with/without permission.
CBB Volunteers needed for research, surveys, writing, electronic support.
Contact Nesbitt if interested in: *-Community Betterment Bulletin/Press
*-LARC Bulletin/Press: Leisure, Arts, Recreation, and Culture AND
PROJECTS: *-Ban Street Fireworks *-Ban Landmines *-Return Antiquities,
*-Safe Play and Recreaiton *-Support POW-MIA Families *-Support Tibet
*-SPECIAL RECREATION INC for People with Disabilities: Hotline, Info-Referral
Date: Mon, 16 Sep 1996 12:38:44 -0500
From: "John A. Nesbitt" <john-nesbitt@uiowa.edu>
To: joe.bolkcom@pobox.com, arlys_hannam@prodigy.com,
mkarr@blue.weeg.uiowa.edu, d-yarbrough@uiowa.edu,
marysue-coleman@uiowa.edu
Cc: klingama@blue. weeg. uiowa. edu co~. -- .
Subject: Police Shooting: Letter to ICPress citizen: Social a~r'Env°~ronmental Fa
"Community Betterment Bulletin, 1996," Serving Johnson County, Iow~ USA
John Nesbitt, Editor-Publisher
SERIES:
1996 CACZPD: City, Area, County Zoning, Planning, Development
ARTICLE: PART ONE (condensed):
"Iowa City City Council Might Consider ...
Social and Environmental Factors in the Iowa Vending
Neighborhood Tragic Fatality," by John Nesbitt
DISTRIBUTION:
to
4. Johnson
3. Supervisors:
County News, JCNEWS
5. University of
Iowa City Press Citizen, Letters to the Editor
City Councils: Coralville (c/o A.Hannam to Council),
Iowa City (c/o M. Karr to Council),
University Heights (c/o D. Yarbrough
Council)
Johnson County (c/o J. Bolkcom to Board)
Iowa (c/o President, M. Coleman)
PART TWO (notes on article) TO FOLLOW:
START:
The Iowa Vending neighborhood fatality is a profound tragedy.
This tragedy should not have happened. However, the conditions of its
happening were in place, waiting to happen. By addressing Iowa City
citizens' social and environmental needs -- health, safety, security,
welfare, neighborhoods and community at large -- the Iowa City City Council
can give the best assurance that it will never happen again.
The "Gilbert-Kirkwood-Highway 6" neighborhood is now the center of a city
controversy which has drawn statewide attention.
The physical and social pre-conditions for neighborhood problems were there.
Problems were reported publicly and discussed among some residents.
The Iowa Vending neighborhood lacked a "sense" of community, security, and
welfare. But, the neighborhood's conditions were not addressed.
Then, the tragedy. Iowa City's "sense" of community, safety, security, and
welfare was swept away. The City's self-image and social, cultural, and
economic images were degraded. The tragedy and the memory of the tragedy
are permanent.
The community is urging new policies and methods for City Governance and new
items for the City Council agenda. The agenda should include some old
Environmental, Health, Safety, Security, Social, and Welfare Policies and
Priorities -- revisited.
As City Council is aware, the fatality happened in a neighborhood where step
by step city zoning, city planning, and city development contributed to
creating a vulnerable physical-social neighborhood environment that invited
crime and vandalism. The safety, security, and welfare of the neighborhood
was deficient, not "protected."
The Iowa Vending neighborhood is not the only location where this process
has resulted in vulnerability of a street or neighborhoods.
Iowa City Governance has focused heavily on economic development. Many city
agendas and debates have centered on "How big and how fast and how can Iowa
City grow." The City slogan has become, "Grow! We have no choice." It
seems that the zoning, planning, and development tests are met, "If the
plan moves traffic, increases enterprise and profits, and meets code -- go!"
Health, safety, and welfare evaluative criteria for zoning, planning, and
development proposals were attended to perfunctorily in the rush to "Grow!
-- We Have No Choice."
According Iowa City's "Urban Environmental Policies," as stated, "It is the
policy of Iowa City. to preserve and protect ... The features ... of small
town living ... neighborhoods ... sense of community and integrity ...
social welfare [which] is enhanced by the sense of community ... familiar
surroundings ... a sense of security and community stability ... the
benefits of small town living ... provide roots ... sense of well being ...
for the general welfare of the community at large .... "
Social Development Guidelines includes: community cohesiveness (not
community controversy), health, safety, welfare, and security from crime,
vandalism, and violence. Citizens' appeals to Iowa City to execute Urban
Environmental Policies and Social Development Guidelines have been spurned
as naive, or selfish-NIMBYish (not in my back yard), or unmeasurable, or
unprofessional, or un-growth.
The City Council might consider doing a self-initiated check on City
priorities, policies, and practices. City Council might consider:
1. Dealing now with those Iowa City neighborhoods that are vulnerable to
the social and environmental problems of crime, vandalism, violence, safety,
security and social welfare -- starting with the Iowa Vending neighborhood.
2. Eliminating social problems (above) in advance of their happening with
better social zoning policies, better social planning policies, and better
social development policies that "protect and preserve ... neighborhoods ...
community ... security ... [and the] general welfare of the community at
large."
3. Finding community solutions to social problems.
The city should avoid putting more work and stress on law enforcement,
which is already 33 percent understaffed. "More police presence" should not
be the solution of choice in "The Iowa City World Class University Town"
that people believe they know and revere.
4. Seeking solutions to problems "at home," recruiting from the city's rich
resources of professors/experts, volunteers, and residents of means.
Grants (U.S. or foundation) should be spurned because they often serve as
ex-post-facto coverups or pretend an easy solution or presume to create a
model which dies when the grant ends or make matters worse.
5. Going into the neighborhoods regularly, pro-actively , to listen to
residents, businessmen/women, street committees and neighborhood
associations, city workers, fire fighters, police, and recreation workers to
gain first hand insight into social problems and solutions.
Waiting for petitions, controversy and demonstrations in Council Chambers
results in reaction. And, problems referred to commissions, research,
studies, and datum/data often only deflect the public, gloss over problems,
bury needs, and benefit only the consultant not the public -- all paid for
by taxpayers.
6. Invoking procedures that implement its own unanimously adopted "1985
Iowa City Urban Environmental Policies." The City Council's own Policies
are a mandate and shield for "... security ... [and] ... general welfare',
for homeowners, renters, streets, and neighborhoods
7. Searching for alternatives to arterialization when traffic counts lead
to arterialization plans that adversely impacts the general welfare of
neighborhoods or the community.
8. Modifying policies that allow zoning, planning, and development that
adversely impact the "general welfare of the community at large," and any
street or neighborhood, for example, the Iowa Vending neighborhood.
9. Re-considering City Council basic responsibilities in relation to the
responsibilities of the commercial groups and the arts groups regarding:
*--Citizen Welfare, *--Citizen Cultural Fulfillment, and *--Citizen Economic
Security.
This clarification may focus City Council in setting a focused agenda. For
example, no one in Iowa City expects the arts groups to safeguard
neighborhoods nor the commerce groups to manage community welfare.
10. Consider setting forth a precise statement of what action-decision items
the City Council will undertake, when, the public input mechanism, and
published, exact completion target dates on the long road back in rebuilding
public confidence. The 'buck stops' in the Iowa City Council Chamber.
There was one, or some, or many misjudgments leading to the Iowa Vending
neighborhood tragedy. They must be faced and dealt with. And, there are
many long standing community, neighborhood, health, safety, security, and
welfare problems. They must be confronted and solved.
But, through their competence, knowledge of Iowa City, and commitment,
Iowa City Councilor and the City Council can be expected to meet the
challenge and chart a new course for Iowa City Governance.
each
The Iowa City Council is not a 'business as usual' body. Iowa City and the
entire area may look forward to the benefit of Iowa City's Council accepting
the responsibility and providing the leadership to ensure that this tragedy
will never happen again.
John Nesbitt, 362 Koser Avenue, University Heights, IA 52246-3038;
319/337-7578.
END OF LETTER
UIowa Prof-Emer. John Nesbitt, Ed.D., 362 Koser Av, Iowa City, IA 52246-3038 USA
TEL 319/337-7578 E-MAIL <john-nesbitt@uiowa.edu> FAX available on request
All information by Nesbitt on E-Mail/Internet/WWW is posted in Public
Domain & may be reproduced/relayed in part/completely with/without permission.
CBB Volunteers needed for research, surveys, writing, electronic support.
Contact Nesbitt if interested in: *-Colmmunity Betterment Bulletin/Press
*-LARC Bulletin/Press: Leisure, Arts, Recreation, and Culture AND
PROJECTS: *-Ban Street Fireworks *-Ban Landmines *-Return Antiquities,
*-Safe Play and Recreation *-Support POW-MIA Families *-Support Tibet
*-SPECIAL RECREATION INC for People with Disabilities: Hotline, Info-Referral
Date: Tue, 17 Sep 1996 11:58:38 -0500
From: "John A. Nesbitt" <john-nesbitt@UIOWA.EDU>
Reply to: JC-NEWS@netins.net
To: jc-news@netins.net
Subject: Police Shooting: Letter to ICPress Citizen:
Social and Environmental F~
"Community Betterment Bulletin, 1996," Serving Johnson County, Iowa, USA
John Nesbitt, Editor-Publisher
SERIES: 1996 CACZPD: City, Area, County Zoning, Planning, Development
ARTICLE: PART ONE (condensed):
"Iowa City City Council Might Consider ...
Social and Environmental Factors in the Iowa Vending
Neighborhood Tragic Fatality," by John Nesbitt
DISTRIBUTION:
to
3. Supervisors:
Johnson County News, JCNEWS
5. University of
Iowa City Press Citizen, Letters to the Editor
City Councils: Coralville (c/o A.Hannam to Council),
Iowa City (c/o M. Karr to Council),
University Heights (c/o D. Yarbrough
Council)
Johnson County (c/o J. Bolkcom to Board)
Iowa (c/o President, M. Coleman)
START:
PART TWO (notes on article) TO FOLLOW:
The Iowa Vending neighborhood fatality is a profound tragedy.
This tragedy should not have happened. However, the conditions of
its happening were in place, waiting to happen. By addressing Iowa City
citizens' social and environmental needs -- health, safety, security,
welfare, neighborhoods and community at large -- the Iowa City City Council
can give the best assurance that it will never happen again.
The "Gilbert-Kirkwood-Highway 6" neighborhood is now the center of a city
controversy which has drawn statewide attention.
The physical and social pre-conditions for neighborhood problems were there.
Problems were reported publicly and discussed among some residents.
The Iowa Vending neighborhood lacked a "sense" of community, security, and
welfare. But, the neighborhood's conditions were not addressed.
Then, the tragedy. Iowa City's "sense" of community, safety, security, and
welfare was swept away. The City's self-image and social, cultural, and
economic images were degraded. The tragedy and the memory of the tragedy
are permanent.
The community is urging new policies and methods for City Governance and new
items for the City Council agenda. The agenda should include some old
Environmental, Health, Safety, Security, Social, and Welfare Policies and
Priorities -- revisited.
As City Council is aware, the fatality happened in a neighborhood where step
by step city zoning, city planning, and city development contributed to
creating a vulnerable physical-social neighborhood environment that invited
crime and vandalism. The safety, security, and welfare of the neighborhood
was deficient, not "protected."
The Iowa Vending neighborhood is not the only location where this process
has resulted in vulnerability of a street or neighborhoods.
Iowa City Governance has focused heavily on economic development. Many city
agendas and debates have centered on "How big and how fast and how can Iowa
City grow." The city slogan has become, "Grow! We have no choice." It
seems that the zoning, planning, and development tests are met, "If the
plan moves traffic, increases enterprise and profits, and meets code -- go!"
Health, safety, and welfare evaluative criteria for zoning, planning, and
development proposals were attended to perfunctorily in the rush to "Grow!
-- We Have No Choice."
According Iowa City's ~'Urban Environmental Policies," as stated, "It is the
policy of Iowa City to preserve and protect ... The features ... of small
town living ... neighborhoods ... sense of community and integrity ...
social welfare [which] is enhanced by the sense of community ... familiar
surroundings ... a sense of security and community stability ... the
benefits of small town living ... provide roots ... sense of well being ...
for the general welfare of the community at large .... "
Social Development Guidelines includes: community cohesiveness (not
community controversy), health, safety, welfare, and security from crime,
vandalism, and violence. Citizens' appeals to Iowa City to execute Urban
Environmental Policies and Social Development Guidelines have been spurned
as naive, or selfish-NIMBYish (not in my back yard), or unmeasurable, or
unprofessional, or un-growth.
The City Council might consider doing a self-initiated check on City
priorities, policies, and practices. City Council might consider:
1. Dealing now with those Iowa City neighborhoods that are vulnerable to
the social and environmental problems of crime, vandalism, violence, safety,
security and social welfare -- starting with the Iowa Vending neighborhood.
2. Eliminating social problems (above) in advance of their happening with
better social zoning policies, better social planning policies, and better
social development policies that "protect and preserve ... neighborhoods ...
community ... security ... [and the] general welfare of the community at
large."
3. Finding community solutions to social problems.
The city should avoid putting more work and stress on law enforcement,
which is already 33 percent understaffed. "More police presence" should not
be the solution of choice in "The Iowa City World Class University Town"
that people believe they know and revere.
4. Seeking solutions to problems "at home," recruiting from the city's rich
resources of professors/experts, volunteers, and residents of means.
Grants (U.S. or foundation) should be spurned because they often serve as
ex-post-facto coverups or pretend an easy solution or presume to create a
model which dies when the grant ends or make matters worse.
5. Going into the neighborhoods regularly, pro-actively , to listen to
residents, businessmen/women, street committees and neighborhood
associations, city workers, fire fighters, police, and recreation workers to
gain first hand insight into social problems and solutions.
Waiting for petitions, controversy and demonstrations in Council Chambers
results in reaction. And, problems referred to cormmissions, research,
studies, and datum/data often only deflect the public, gloss over problems,
bury needs, and benefit only the consultant not the public -- all paid for
by taxpayers.
6. Invoking procedures that implement its own unanimously adopted "1985
Iowa City Urban Environmental Policies." The City Council's own Policies
are a mandate and shield for "... security ... [and] ... general welfare"
for homeowners, renters, streets, and neighborhoods
7. Searching for alternatives to arterialization when traffic counts lead
to arterialization plans that adversely impacts the general welfare of
neighborhoods or the community.
8. Modifying policies that allow zoning, planning, and development that
adversely impact the "general welfare of the community at large," and any
street or neighborhood, for example, the Iowa Vending neighborhood.
9. Re-considering City Council basic responsibilities in relation to the
responsibilities of the commercial groups and the arts groups regarding:
*--Citizen Welfare, *--Citizen Cultural Fulfillment, and *--Citizen Economic
Security.
This clarification may focus City Council in setting a focused agenda.
example, no one in Iowa City expects the arts groups to safeguard
neighborhoods nor the commerce groups to manage community welfare.
For
10. Consider setting forth a precise statement of what action-decision items
the City Council will undertake, when, the public input mechanism, and
published, exact completion target dates on the long road back in rebuilding
public confidence. The 'buck stops' in the Iowa City Council Chamber.
There was one, or some, or many misjudgments leading to the Iowa Vending
neighborhood tragedy. They must be faced and dealt with. And, there are
many long standing community, neighborhood, health, safety, security, and
welfare problems. They must be confronted and solved.
But, through their competence, knowledge of Iowa City, and commitment,
Iowa City Councilor and the City Council can be expected to meet the
challenge and chart a new course for Iowa City Governance.
each
The Iowa City Council is not a 'business as usual' body. Iowa City and the
entire area may look forward to the benefit of Iowa City's Council accepting
the responsibility and providing the leadership to ensure that this tragedy
will never happen again.
John Nesbitt, 362 Koser Avenue, University Heights, IA 52246-3038;
319/337-7578.
END OF LETTER
UI0wa Prof-Emer. John Nesbitt, Ed.D., 362 Koser Av, Iowa City, IA 52246-3038 US~
TEL 319/337-7578 E-MAIL <john-nesbitt@uiowa.edu> FAX available on request
All information by Nesbitt on E-Mail/Internet/WWW is posted in Public
Domain & may be reproduced/relayed in part/completely with/without permission.
CBB Volunteers needed for research, surveys, writing, electronic support.
Contact Nesbitt if interested in: *-Community Betterment Bulletin/Press
*-LARC Bulletin/Press: Leisure, Arts, Recreation, and Culture AND
~ROJECTS: *-Ban Street Fireworks *-Ban Landmines *-Return Antiquities,
*-Safe Play and Recreation *-Support POW-MIA Families *-Support Tibet
*-SPECIAL RECREATION INC for People with Disabilities: Hotline, Info-Referral
September 4, 1996
CITY OF I0 WA CITY
TO:
RE:
The Honorable Mayor and the City Council
Civil Service Entrance Examination - CLERK/TYPIST - SOLID
WASTE
We, the undersigned members of the Civil Service commission of Iowa
city, Iowa, do hereby certify the following named person(s) as
eligible for the position of Clerk/Typist.
Tamra Salm
Hired: 9/9/96
IOWA CITY CIVIL SERVICE
CO~N , Chair
Michael i~ KeVin dy,
ATTEST:
Marian Karr, city Clerk
410 EAST WASHINGTON STREET · IOWA CITY. IOWA ~2240-1S26 ,, (319) 356-~000 · I:AX
(3191
September 4, 1996
CITY OF IOWA CITY
TO:
RE:
The Honorable Mayor and the City Council
Civil Service Entrance Examination -MASS TP~%NSIT OPERATOR
We, the undersigned members of the Civil Service Commission of Iowa
City, Iowa, do hereby certify the following named person(s) as
eligible for the position of Mass Transit Operator.
Jose Flores
Steven Miller
Janice Ginther
Hired: 8/5/96
Hired: 8/12/96
Hired: 8/15/96
Michael W. Ken~dy,
SERVICE
Chair
ATTEST:
Marian Karr, city Clerk
September 4, 1996
CITY OF I0 WA CITY
TO:
RE:
The Honorable Mayor and the City Council
Civil Service Entrance Examination - PARKINO OASHIER
We, the undersigned members of the Civil Service Commission of Iowa
City, Iowa, do hereby certify the following named person(s) as
eligible for the position of Parking Cashier.
Joan Wonick
Hired: 9/9/96
IOWA CITY CIVIL SERVICE
Mmc~ael W. ~nedy, Chair
ATTEST:
Marian Karr, City Clerk
4{0 EAST WASHINOTON STREET · iOWA CITY.
iOWA ~2240-ll26 · (3i91 3~6-~000 · FAX (319)
September 4, 1996
CITY OF I0 WA CITY
TO:
RE:
The Honorable Mayor and the City Council
Civil Service Entrance Examination -
OPER~%TOR
TREATMENT PL]%NT
We, the undersigned members of the Civil Service Commission of Iowa
City, Iowa, do hereby certify the following named person(s) as
eligible for the position of Treatment Plant Operator.
Clay Dull
Hired: 9/16/96
iOWA CITY CIVIL SERVICE
Michael W. Ken~, Chair
ATTEST:
Marian Karr, City Clerk
410 EAST WAS:41NOTON STREET * IOWA CITY. IOWA $2240-1826 · (319) 3S6-~000 · FAX (319) 356-~009
Date: Sat, 21 Sep 1996 16:46:55 -0500
From: "John A. Nesbitt" <john-nesbitt@uiowa.edu>
To: jc-news@netins.net
Cc: arlys hannam@prodigy.com, mkarr@blue.weeg.uiowa.edu,
d-yar~rough@uiowa.edu,
Subject: 96 CAC-ZPD: Pubs
joe.bolkcom@pobox.com, richard-gibson@uiowa.edu
of IC Planning, Development
"Community Betterment Bulletin, 1996," Serving Johnson County, Iowa City, USA
John Nesbitt, Editor-Publisher
SERIES:
ARTICLE:
1996 CAD-ZPD: County, Area, and City Zoning, Planning, Development
Publications of the Iowa City Planning Community Development
Mrs. Karen Franklin, Dir., Iowa City Plan. and Comm. Devel.
MAPS: Small Base, Large Base, Large Zoning, Small Zoning, Census Tract,
Urbanized Area Traffic Count, JCCOG Arterial Street, Comprehensive Plan,
Historic Guide, Iowa City-Coralville Streets, all $3.00 to $5.00.
DOCUMENTS: Zoning
Policy Agreement,
$4.00 mailing;
Ordinance, $9.00; Community Profile, $5.00; Fringe Area
$3.00; Johnson County Services Directory, $14,50 plus
COMPREHENSIVE PLAN: Spiral, $9.00; Map, $3.00; and
Vision Statement, "IOWA CITY: BEYOND 2000, $1.00; (1)
(1) NOTE: See CBB Article on "Iowa City: Beyond 2000; Vision for the Future"
REHABILITATION CONSTRUCTION MANUAL, $10.00.
CITY STEPS, $7.50.
CDBG: Community Development Block Grants PROGRAM STATEMENT,
$1.00.
FREE PUBLICATIONS:
*--Historic Guide Map
*--Iowa River Corridor Brochure
*--The Who To Book (restoration services)
*--Neighborhood Design Book
*--Bundle Up for Savings
*--Johnson County Recycling and Waster Reduction Guide
*--Iowa City Neighborhood Associations
Iowa City DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT; 20-person
provides information and services relative to:
*--Community Development
*--Economic Development
*--Johncon County Council of Governments Administration -- JCCOG
*--Human Services Planning
*--JCCOG Solid Waste Planning
*--JCCOG Transportation Planning
*--Neighborhood Services
*--Urban Planning
*--Graphic Production
staff
Information: 356-2532; Location: City Hall.
END OF ARTICLE
UIowa Prof-Emer. John Nesbitt, Ed.D., 362 Koser Av, Iowa City, IA 52246-3038 USA
TEL 319/337-7578 E-MAIL <john-nesbitt@uiowa.edu> FAX available on request
All information by Nesbitt on E-Mail/Internet/WWW is posted in Public
Domain & may be reproduced/relayed in part/completely with/without permission.
CBB Volunteers needed for research, surveys, writing, electronic support.
Contact Nesbitt if interested in: *-Community Betterment Bulletin/Press
*-LARC Bulletin/Press: Leisure, Arts, Recreation, and Culture AND
PROJECTS: *-Ban Street Fireworks *-Ban Landmines *-Return Antiquities,
*-Safe Play and Recreation *-Support POW-MIA Families *-Support Tibet
*-SPECIAL RECREATION INC for People with Disabilities: Hotline, Info-Referral
Date: Sat, 21 Sep 1996 16:46:32 -0500
From: "John A. Nesbitt" <john-nesbitt@uiowa.edu>
To: jc-news@netins.net
Cc: arlys_hannam@prodigy.com, mkarr@blue.weeg.uiowa.edu,
klingama@blue.weeg.uiowa.edu, d-yarbrough@uiowa.edu,
joe.bolkcom@pobox.com
Subject: 96 CAC-ZPD: IC: Beyond 2000
SPECIAL DISTRIBUTION TO:
City councils/Board of Supervisors:
*--coralville (banham)
*--Iowa City (karr)
*--University Heights (yarbrough)
*--Johnson County (bolkcom)
*--IC Planning (klingaman)
*--IC Parks and Recreation (klingaman)
*--CBB WEB SITE (information pending)
"Community Betterment Bulletin, 1996." Serving Johnson County, Iowa, USA
John Nesbitt, Editor-Publisher
SERIES: CAC-ZPD: County, Area, City Zoning, Planning, and Development
ARTICLE:
Considerations in the "Iowa City: Beyond 2000; Vision for the Future"
Project Coordinator, Karen Franklin, Dir., IC Plan. Com. Dev. Dpt.
"This vision will be the basis for a new comprehensive plan for Iowa City,"
states the '~Iowa City: Beyond 2000, Our Vision for the Future," brochure.
"Task Force Report, IOWA CITY: BEYOND 2000,"
TABLE OF CONTENT AND CONSIDERATIONS
Members, Iowa City Council, City Manager Atkins,
Iowa City Boards and Commissions
Members, Task Force Membership
Project Coordinator
Franklin
ADOPTED BY IOWA CITY: 1995, June 27 by Baker, Horowitz, Kubby, Novick,
Pigott, Throgmorton (Absent: Lehman)
PAGE
Page 1---The Process
Page 2---IOWA CITY: BEYOND 2000.
"Iowa City is an attractive, energetic city with a vital downtown (1), a
healthy economic, safe neighborhoods (2), and diversity in its people. (3)
"As Iowa City grows, we will strive to preserve the character and identity
of the community (4) while guiding the creation of compatible new areas;
protecting the environment; encouraging diversity in the population, in
housing, and in jobs; and offering opportunities for human development to
Iowa City's citizens. (5)
"Iowa City will be an inclusive, accessible, and safe (6) community to all
its citizens, embracing persons with disabilities and all races, cultures,
lifestyles, ages, and socio-economic groups." End Preamble.
FOOTNOTES
FOOTNOTE (1) "vital downtown," It may be that the downtown is less than
vital based on the "revitalization" discussion underway, the downtown
repairs (Press Citizen, 21-9-96), and some store vacancies. Of course, the
major concern of the downtown is the Coral Mall. The Coral Mall threat to
downtown Iowa City may be insurmountable and Iowa City downtown may have to
retreat to holding its customer base of students and student-related rather
than competing with Coral Mall, Williamsburg, Westdale Mall, Collins Road, etc.
In any case, it would seem that a series of "downtown scenarios" might be
considered:
*--REVITALIZE. High, or moderate, or limited "downtown revitalization" in
relation to and leading to high, moderate, and no success in relation to
Coral Mall development and competing malls, downtowns, etc.
*--RETAIN. High, or moderate, or limited "retention of our downtown base,"
students, UIowa faculty and staff, etc.
~--OTHER OPTIONS AND OUTCOMES.
FOOTNOTE (2) "safe neighborhoods," While many neighborhoods are safe,
others fairly safe,. etc., it would seem that there are neighborhoods that
are not safe and other neighborhood that are vulnerable or perceived as high
or higher crime areas; thus, some consideration might be given to proactive,
overt, remediation efforts aimed at expanding safety as part of IC-2000 or
new Iowa City Comprehensive Plan.
FOOTNOTE (3) "diversity," There is the suggestion that not all Iowa City,
the area, or Johnson County residents embrace diversity, especially when
diversity is imposed. The old days of Town and Gown Conflict (which has
been minimal to minuscule in Iowa City) are past. A contemporary diversity
may be the diversity-conflict that seems to exist between the
artists-writers in relation to the community at large.
Too often too much reliance is placed on laws and regulations, on the one
hand, or on posters and platitudes, on the other hand. More consideration
might be given to street and neighborhood level proactive efforts at
increasing interaction and acceptance among people whose identity,
socio-economic levels and values diverge. For instance, there may be gains
from upper income bracket level people meeting for problems solving with
lower income people.
FOOTNOTE (4) "character and identity," There are homeowners and renters
that would state that the character and identify of streets and
neighborhood, new and old, are not being protected. There are various
practices by Iowa City over the last five to 25 years that suggest that Iowa
City has failed to "protect and preserve" neighborhoods' character and
identity as well as having failed to "protect and preserve" the senses of
social well being, security, and welfare.
FOOTNOTE (5) "human development," Human development is certainly revered in
Iowa City, given that there is the University of Iowa (faculty, staff,
students), Kirkwood Community College, and other levels and types of human
development in abundance. The Iowa City activity in human development will
add to UIowa, etc.
FOOTNOTE (6) See (2) above.
Page 3---Cooperative Efforts
Page 4---Arts, Culture, and Human Development
Page 5---Economic Well-Being
Page 6---Environmental Protection
COMMENT: This section fails to reflect or advance the
unanimously adopted
"1985 Urban Environmental Policies" that commit the City Council to "protect
and preserve" neighborhoods, sense of community, security, social well
being, and welfare of the community at large. There are segments of the
community that would entertain the idea that a few, or some, or many,
streets and neighborhoods are not being protected.
Page 7---Housing
Page 8---Land Use and Urban Pattern
Page 9---Parks, Recreation and Open Space
COMMENT: The Iowa City "Neighborhood Open Space Plan" may be a model for
future social planning and development in Iowa City. However, the formula
that has been adopted in the Open Space City Ordinance may not achieve the
level of idealism or quality that is reflected in other sections of the Task
Force report. The formula for developer donation of land for Open Space is
3 acres/I,000 residents in the development population.
The formula may be .interpreted as meeting the "minimum standard." Iowa
City's self-identity may suggest that double the acreage would be more in
line with Iowa City needs and Iowa City aspirations, that is, 6 acres/1000
residents.
The 100 real estate/developer operations in Iowa City might consider that
80% to 90% of any costs that they might need to invest in amenities in other
cities are addressed by Iowa City's amenities that are available at no cost
whatever to the real estate/developer operations. Iowa City-UIowa's art,
athletics, cinema, concerts, lectures, libraries, parks, theater, etc., are
a 1000 percent boost to real estate/developer promotion -- all at no cost.
Real estate/developers might consider how fortunate they are to have a
"product" as sale-able as Iowa City to sell and provide more acreage in
development. This might be part of IOWA CITY: BEYOND 2000.
Page 10--Public Safety
QUOTE,
"Once a crime has been committed, initiate the criminal
"1. identify and apprehend the offender.
"2. obtain necessary evidence." END QUOTE
process:
COMMENT.
this statement pertinent to the:
*--Pre-Eric Shaw Police Shooting period,
Incident;
*--Eric Shaw Police Shooting; and,
*--Post-Shaw Police Shooting.
On the surface it would seem that there are actually procedures in
such as the Baum-Dodge Cleaners
It would seem the IOWA CITY: BEYOND 2000 document might set forth goals
covering THE REVIEW roles, functions, authority, and procedures for:
*--Civilians, self-initiated and appointed;
*--City Council;
*--city Council and City Manager; and
*--City Manager ...
TO REVIEW:
*--City Council,
*--City Council and City Manager,
*--City Manager,
*--City Departments,
*--City Boards and Commissions, Tasks Forces, etc., and
*--Other city Governance roles, functions, services, etc.
Page 12--Social Services
Page 13--Transportation
OBSERVATIONS ON THE "IOWA CITY: BEYOND 2000"
ROSY GLOW TRAP
There is a Rosy Glow (from the tinted glasses worn by the 'futurists')
of the future which most people project when they see a utopia ahead.
tendency to idealize or romantic the future is universal.
view
The
Futurists ignore the real problems that are festering and smoldering just
under the surface. (People who see problems are classified as "Profits of
Gloom and Doom" or spoilsports.)
The 1974-1978 "Iowa 2000" project conducted by the State of Iowa is a case
in point. The Iowa 2000 project was very high on rosy glow and very short
on reality. State and U.S. institutional and governmental officials as well
as recognized Iowa .leaders were particularly susceptible to grandiose, rosy
future scenarios.
The Iowa 2000 Project concluded as Iowa started into a major economic tail
spin; no Iowa 2000 lecturer had predicted the tail spin; no Iowa 2000
lecturer even suggested that anything could go wrong much less suggest the
possibility of something going wrong and possible recovery scenarios.
The IOWA CITY: BEYOND 2000 is optimistic -- as it should be and must be.
But, there may be a need for a direct, overt statement of the concerns,
issues, problems, pending crises, and crises that are here now but not
admitted nor discussed openly. The primary example is the eruption of
community complaints, the uncovering of a number of serious problems that
were not recognized by, say, City Council and City Manager; or, were not
confronted openly as they should have been. It is unlikely that serious
problems be kept quiet for long.
If problems are out in the open, then the futurist can address the other
side of the rosy future, the possibility of a potential bleak side to the
rosy picture.
If the public perceives the problems addressed and agrees with the solution
anticipated, then the public can render its own judgement, "Yes, that is the
problem; yes, that is the solution; and, yes, I will pay for the solution."
Or, "No, the problem has not been identified or stated accurately; and, no,
that solution just won't cut it; and, I am not paying for solution that
won't work ... that dog just won't hunt."
A TASK COMMITTEE
The IOWA CITY: BEYOND 2000 concepts, methods, and values are always under
review and reconsideration by the IC City Council and City Manager.
However, some consideration might be given to OVERT re-consideration of
various aspects of the IOWA CITY: BEYOND 2000 statement. A "task committee"
composed for former members of the Task Force might be recruited to
reconsider the report.
ABSENCE OF "WHERE ARE WE GOING IN POPULATION"
The Iowa City City Council and City Manager are committed to growth, "GROW!
We Have No Choice." As part of those creating the slogan, the City
councilors and Manager are cognitively, socially, and emotionally committed
to growth.
But, no City Councilor nor the City Manager has stated, "Our goal is to grow
to "---,000." Each city Councilor and the City Manager may have a goal for
population growth or limits or ceilings on population. Or, each City
Councilor and the City Manager may have limits on how much degradation of
streets, neighborhoods, and quality of life they will suffer before they
say, "Enough, stop!" And, they may have reason for not stating growth goals
and limits.
But, City Councilors and the City Manager might consider that one aspect of
public support flows from public knowledge, public understanding, and public
participation in momentous decisions such as "What taxes I want to pay, what
quality of life I want to experience, and what health- safety- welfare I
expect in my traditional small university town and my traditional
neighborhood."
ABSENCE OF "HOW WE GET THERE"
Futurism is a three-legged stool.
problems or needs to be confronted.
statements of goals to be pursued.
One leg is the realistic statements of
The second leg is the reasonable
And, the third leg is a realistic, practical, forthright statement of how:
the methods, the costs, who gives and who takes, who gores and who gets
gored, who profits and who loses, and the John Q. citizen overall dollars
and cents in hand after the bills are paid, the John Q. Citizen gain or loss
in amenities that the homeowner or renter actually uses, the John Q. Citizen
gain or loss in services actually used, etc.
Some people don't use the city parking ramps, or
twice a year, or have no need for 250 or more of
employees. Some people will never use the roads
development.
make it to a park once or
the Iowa City's 500
and water systems under
The IC-2000 would benefit from information as follows:
POPULATION GROWTH, TAXES,
definitions:
TAX--TAXES: Increase or
state and U.S. taxes.
BENEFITS, LOSSES
decrease in all local
taxes
as part of increases in
QL--QUALITY OF LIFE: Deterioration or improvement of Quality of Life
terms of the "Traditional Small University Town" and the "Traditional
Neighborhood"
in
HSW--HEALTH, SAFETY, AND WELFARE: The
protect, preserve, and promote Health,
increased or decreased.
basic responsibility of a city is
Safety, and Welfare; will HSW be
GROWTH--Costs of Growth in terms of water systems, street construction,
increased city staff costs, loan costs (the $100 million for the new water
systems will cost an additional $100 million for the loan), etc.
OTHER--Other features of the individual citizen's believe that Iowa City
means to her/him, and/or her/his family, and/or her/his friends and associates.
POPULATION
*--Base Years
40,000
50,000
60,000
TAXES QUALITY Health, GROWTH OTHER OTHER
OF LIFE Safety-Welfare COST COST COST
+/- +/- +/ +/- +/- +/-
*--Growth Goals/Iowa city:
70,000
80,000
90,000
100,000
110,000
120,000
Beyond 2000
COSTS OF PARTS OF THE "IOWA CITY: BEYOND 2000"
In looking to the future there are two very important services that a
reconvened Task Force Committee and the Iowa City City Council and City
Manager could perform for the public:
I---Each of the Future Areas and the goals might be transformed into actual
estimated dollar-costs.
For example, the public may be very supportive
Iowa City but prepared to expend little public
well-being.'
Or, the public might be interested in choosing among three or
for achieving "Economic Well-Being:
A. Big investment;
B. Moderate investment;
Small investment;
D. Favor in principle only, no investment of public funds;
and commercial leaders with advice, encouragement, etc.;
E. No investment and no advice.
of economic well-being of
funds for the 'economic
five options
assist business
and,
II--For each of the Future Areas and the goals there might be a statement of
priorities. For example, Public Safety might be No. 1 priority among the 10,
Transportation No. 2, etc., Economic Well-Being might be No. 10.
RECONCILING PRIORITIES AND COSTS
A very interesting way to obtain meaningful citizen participation could be
designed along the lines of the UIowa Professor's business economics "Iowa
Political (election) Stock Market." Citizens could invest "X" dollars in
one of the ten (10) Iowa City: Beyond 2000 areas, ex., Arts, Economics,
Safety, Parks, etc.
ECONOMIC 'WELL-BEING' BUT NO SOCIAL 'WELL-BEING'
It should be noted that the IC: Beyond 2000 report uses the term "Economic
Well-Being" for a section heading; but, does not use "Social Well-Being" for
a section heading. (1) The concepts of small town living, social welfare,
sense of well-being from the Iowa City 1985 Urban Environmental Policies are
not reflected in the 2000 document.
(1) "Well-being" appears on page 12, under social services, "our community
encourages the participation of all citizens to create a climate of social
acceptance and well-being." This "well-being" is not rendered within the
same context as the "well-being" in the Iowa City Urban Environmental
Polices, 1985.
CLOSING STATEMENT
The IOWA CITY: BEYOND 2000 may have been conceived within the context of
"Grow. We Have No Choice." That may not be an accurate approach to the task.
Before Iowa City continues on its "Growth. We Have No Choice" path it might
well consider the fact that many people in Iowa City as well as the
neighbors in the area and in Johnson County believe that IOWA CITY MAY HAVE
PEAKED.
If Iowa City were to take a harder look at where it is, what 63,000 citizens
want, how it is providing what 63,000 citizens want, Iowa City' direction,
the roles and responsibilities of its City Council and City Manager may
re-focused on the basic of "Health, Safety, and Welfare,' and "protecting and
preserving" what it has already without the risk of destroying more than has
already been destroyed.
The title of the Task Force Report might have been "IOWA CITY: BEYOND ITS
PEAK, AND OPTIMAL POPULATION -- AND BETTER GET ITS HOUSE IN ORDER FOR 2000."
END OF ARTICLE
UIowa Prof-Emer. John Nesbitt, Ed.D., 362 Koser Av, Iowa City, IA 52246-3038 USA
TEL 319/337-7578 E-MAIL <john-nesbitt@uiowa.edu> FAX available on request
All information by Nesbitt on E-Mail/Internet/WWW is posted in Public
Domain & may be reproduced/relayed in part/completely with/without permission.
CBB Volunteers needed for research, surveys, writing, electronic support.
Contact Nesbitt if interested in: *-Community Betterment Bulletin/Press
*-LARC Bulletin/Press: Leisure, Arts, Recreation, and Culture ~_ND
PROJECTS: *-Ban Street Fireworks *-Ban Landmines *-Return Antiquities,
*-Safe Play and Recreation *-Support POW-MIA Families *-Support Tibet
*-SPECIAL RECREATION INC for People with Disabilities: Hotline, Info-Referral
Date: Mon, 23 Sep 1996 07:44:17 -0500
From: "John A. Nesbitt" <john-nesbitt@uiowa.edu>
To: jc-news@netins.net
Cc: arlys_hannam@prodigy.com, mkarr@blue.weeg.uiowa.edu,
d-yarbrough@uiowa.edu, joe.bolkcom@pobox.com,
kkubby@blue.weeg.uiowa.edu, denorton@blue.weeg.uiowa.edu,
richard-gibson@uiowa.edu, icon@pobox.com, gazette@fyiowa.infi.net,
icpc@inav.net, letters@desmoine.gannett.com
Subject: 97 CCC: 1997 City Council Campaign for Election/Re-Election
"Community Betterment Bulletin, 1996" Serving Johnson County, Iowa, USA:
Coralville, Hills, Iowa City, Lone Tree, North Liberty, Oxford, Shueyville,
Solon, Tiffin, University Heights, and the University of Iowa/UIHC.
SPECIAL DISTRIBUTION to City Councils,
Coralville (via hannam)
Iowa City Council (via karr)
University Heights (via yarbrough)
Johnson County (via bolkcom)
University of Iowa (via gibson)
Board of Supervisors,
University of Iowa
SERIES: 1997 Iowa City City Council Campaign for Election/Re-Election
ARTICLE: Iowa City City Council Term Expirations and Questions for Candidates
EXPIRE 2 January 1998, Campaign in 1997
*--Larry Baker, elected District B
*--Ernie Lehman, Mayor Pro Tem, elected At Large
*--Naomi Novick, Mayor, elected At Large
PREDICTION: All three are 'shoe-ins' for re-election.
EXPIRE 2 January 2000, Campaign in 1999
*--Karen Kubby, elected At Large
*---Dee W. Norton, elected District A
*--Dean Thornberry, elected District C
*--Dee Vanderhoef, elected At Large
EARLY PREDICTION: All four are 'shoe-ins'
for re-election.
The "shoe-in" status of current City Councilors is based
perception that they had been managing well prior to the
Shooting and have functioned well following the shooting
controversy that has erupted.
on a broad
Eric Show Police
and the community
CURRENT FORM3%T for City Councilors at their Individual Open Meetings with
Citizens:
*--announced publicly and held at regular intervals in central location.
*--citizens express individual complaints about Councilor's vote, statement,
actions, or failure to act on city, neighborhood, or homeowner/renter
problems, issues, needs, etc.
SOME CURRENT QUESTIONS for City Councilors:
*--?-What have you done and how have you voted to reduce the increasing
amounts of taxes I/we are paying?
*--?-What did you know PRIOR to August 30, 1996 (Police Shooting of Eric
Shaw) about:
1. NEIGHBORHOODS. Vulnerable neighborhoods like Iowa Vending Neighborhood
(name the vulnerable neighborhoods and their past and current status);
2. CRIME. Number and type of crimes, vandalism, and violence city-wide and
in vulnerable neighborhoods; and,
3. POLICE PROCEDURES. Police procedures in response in the city at-large
re crime, in vulnerable neighborhoods re crime, and with the public in
general re routine 'disorderly,' traffic, etc., matters?
*--?-RE 1, 2, 3, above, GENERALLY, CITY COUNCILOR AWARENESS WAS PROBABLY
HIGH PRIOR TO THE ERIC-SHAW POLICES SHOOTING. IF YOUR PRE-SHAW AWARENESS IS
LIMITED EXPLAIN HOW IS IT THAT YOU DID NOT KNOW ABOUT 1,2,3, above.
*--?-What did you do proactively prior to August 30, 1996 to reduce crime,
vandalism, and violence; to correct police procedures; and, to improve
conditions in vulnerable neighborhoods? Name specific actions, public
statements, votes, inquiries, interviews, letters, etc.
*--?-What are you doing in fulfillment of your Oath of Office sworn
responsibility for the "City's Health, Safety, and Welfare" and to
ameliorate problems, eliminate causes of problems -- proactively re:
1. NEIGHBORHOODS. Addressing the problems of vulnerable neighborhoods
STARTING with the City's non-social zoning, non-social planning and
non-social development policies that create the pre-conditions for crime,
vandalism, and violence, and ultimately lead to the need for the imposition
of 'police presence,' etc.
2. CRIME. Crime, vandalism, and violence in the city at large and in
vulnerable neighborhoods; and,
3. POLICE PROCEDURES. Police procedures PRIOR to August 30, 1996.
*--?-POPULATION. In what ways and in what amounts has the Iowa City growth
in population from 40,000 to 63,000 EITHER adversely or beneficially
effected and impacted the "Small World Class University Town" traditional
community and neighborhood QUALITY OF LIFE?
*--?-THE CITIZENS' INTERESTS. In what ways did you, do you, or will you
direct, vote, instruct, or in other ways document and influence the
inclusion in "IOWA CITY: BEYOND 2000 PLAN" of opinions, needs, goals of:
academics, blue collar and white collar workers, families, health-medical
workers, minorities, professioDals, retirees, students (HE, HAS, EL,
PS-parents), temporaries, victims of crime and violence, volunteers, welfare
recipients, etc.
*--?-COSTS. What will be the costs to the average Iowa City
homeowner/renter of the "IOWA CITY: BEYOND 2000 PLAN" and the "Growth! We
Have No Choice Sloganeers" in terms of:
1. Taxes paid (directly or indirectly via the landlord) for infrastructure
and governance to provide for an additional 20,000 to 40,000 residents, more
commerce, more industry?
2. Actual measurable dollar-value loss of QUALITY OF LIFE caused by
crowded, overcrowded, and crowd-saturated buildings, events, parking,
transportation, and services? By increased crime and fires? By increased
community controversy, conflict, and confrontation? By increased
bureaucratization of government?
YOU PAY FOR YOU. "Yes, it costs you money to argue with City Council." Your
time-is-money cost, your actual money lost from the job, your costs of your
support services (accountant, architect, lawyer, consultant, planner).
YOU PAY FOR OTHERS. "Yes, as a taxpayer it costs you when real estate
developers deal with City Hall." You pay for the City dollar costs for the
time and services of the City engineer, City housing inspector, City lawyer,
City planner, the City Hall and offices, etc. They deal with the commercial
architects, builders, developers, planners, etc., a lot.
*--?-DECISION CENTRAL. Who OR what is at the center of city governance
decisions in Iowa City? City Council? The City Manager? The go. Ago
"Growth! We Have No Choice Sloganeers"? The 100 real estate operations in
Iowa City? The architecture, building and construction group? Why are the
Growth Sloganeers at center stage and the businessman/women in the
vulnerable neighborhoods off stage? Have the Neighborhood Associations
change any major arterialization plans, zoning, or building plans by Iowa
City, by the University of Iowa/UIHC, by developers, by JCCOG? Where is/are
major influence/s centered.
DEMOCRACY -- IS EVERY DAY.
END OF ARTICLE
UIowa Prof-Emer. John Nesbitt, Ed.D., 362 Koser Av, Iowa City, IA 52246-3038 USA
TEL 319/337-7578 E-MAIL <john-nesbitt@uiowa.edu> FAX available on request
All information by Nesbitt on E-Mail/Internet/WWW is posted in Public
Domain & may be reproduced/relayed in part/completely with/without permission.
CBB Volunteers needed for research, surveys, writing, electronic support.
Contact Nesbitt if interested in: *-Community Betterment Bulletin/Press
*-LARC Bulletin/Press: Leisure, Arts, Recreation, and Culture AND
PROJECTS: *-Ban Street Fireworks *-Ban Landmines *-Return Antiquities,
*-Safe Play and Recreation *-Support POW-MIA Families *-Support Tibet
*-SPECIAL RECREATION INC for People with Disabilities: Hotline, Info-Referral
Date: Sat, 21 Sep 1996 23:06:04 -0500 (CDT)
From: "R. Leutner" <rleutner@blue.weeg.uiowa.edu>
To: JC-NEWS@netins.net
Cc: jc-news@netins.net, arlys_hannam@prodigy.com,
mkarr@blue.weeg.uiowa.edu,
klingama@blue.weeg.uiowa.edu, d-yarbrough@UIOWA.EDU,
joe.bolkcom@POBOX.COM
Subject: Re: 96 CAC-ZPD: IC: Beyond 2000
John Nesbitt's long post, referenced but not reproduced below,
characteristically identifies some vital issues. I wonder if he or
someone else might find a way to break it down topically so that discrete
issues could be addressed. It would be helpful also to know to what
extent the document to which he refers, "Iowa City: Beyond 2000 ."
represents official city policy.
Tom Slockett put forward some interesting ideas some days past about a
riverfront-oriented post-2000 Iowa City. I have been more than a little
disappointed and puzzled by the silence that followed here. We are
fixated on what to do with the current parking lot east of the Holiday
Inn, as if that is the only possible place for new non-profit or community
building, simply because it is city-owned (isn't it?). Does our civic
imagination extend only that far? Coralville has managed a lot more since
the Flood Year--the re-do of Hiway 6 to the new 12th Ave entrance to
c'ville. That is all big bucks, very well spent. Yet we are stuck on the
leavings of 1960s planning.
It would be nice to find in my e-mail some brainstorming about really good
new and big ideas, not just well-measured explanations of how we can't do
much more than what we've been doing, and how we can move forward only an
inch or two.
What, for instance, would it cost to entirely redesign the Iowa City
riverfront south from Burlington Street to, say, Benton, finding new
homes for all the low-rent public units that are there now by default,
and leveling everything for a Community Arts and Convention Center and
some vacant lots for post-2000 imaginers? Add it all up--the UI power
plant (does it need its own?); the county sheriff & jail; the Cambus car
barn; UI motor pool. What else? Except for the power plant, gee whiz,
isn't that stuff all pretty marginal & relocatable, if that's a word?
Good ideas would find funding.
can we not imagine on such a scale? What would happen if the Press
citizen ran a map: imagine a big white space by the river south of
Burlington, and asked for ideas, however crazy?
Just some thoughts.
Bob Leutner
Dear Iowa City Council Members,
I am writing to you to offer my experience and expertise in the care and maintenance of
raptiles and amphibians. I have t~ked with some of you personaily and others of you may
have heard my name indirectly. I have been collecting and studying reptiles and
amphibians all of my life. My background includes a Ph.D· in biology from the University
of Kentucky. During that time I took a formal course in herpetology and for three years
helped maintain a teaching laboratory containing 100+ reptiles and amphibians. I have
experience with over 100 species of reptiles and aanphibians including venomous species
and exu'emely large pythons. I can say with 'all fairness that right now I probably know
more about reptiles and amphibians than anyone living in Iowa City. In January of 1996
my name was give to Lisa Goodman as an expert in reptiles and was g~ven specifically so
that I nfight offer any input to any upcoming ordinances. I was never contacted nor was I
ever informed that the Animal Control Advisory Board meetings were open to the public.
This is a shame.
The fact that a permit is required for the keeping of all reptiles in Iowa City is ridiculous.
The great majority of reptiles pose no harm to man. Pan of the reason that reptiles have
been declared "the pet of the 90's" is because most of them are extremely easy to care for,
even for someone with a busy schedule. The average ham~less snake requires a 20 gallon
aquarium with a locking lid, a heat source, clean water, and a meat every one to two weeks
depending on the size of the snake. A gerbil or a hamster requires much more care than
this, and a parrot, which was not mentioned in the new proposed ordinance, requires daily
care. If owning reptiles requires a permit because reptiles are hard to care for then this
permit requirement was established on en'oneous information. If it is because of a beliel
that all reptiles pose some sort of a threat to humans then I need only rem~nd you that
anoles (chameleons of your youth) and garter snakes are reptiles and pose no threat to
humans· A permit requirement for all reptiles, which does currently exist in Iowa Git5,, jnst
adds bureaucracy and makes law breakers out of many unwiumg citizens. I know that well
over 100 reptiles have been sold in Iowa City in the last two )'ears and I would be willing
to bet that no more than a few reptile permits or licenses have been sold·
I would like to offer to you my professional opinion of which reptiles I consider to
be dangerous, which should he prohibited within city litmrs and which shou d be restric~,l
to permit holders. Let me first preface this by saying that I believe even prohibitQxa. ~reptile_,o
should be perm/tted to be owned by select persons who meet strict previously est ~abt_f. she/J~
requirements such as ownership for scientific study.
Dangerous reptiles that should posslblv be prohibited:
Family Elapidae- This family includes the cob'ras. sea .snakes. and the xenomous
reptiles.
Family Viperidae these are the common vipers and sometimes also include the nextS:
family...
Family Crotalidae wi~h the exception of the genera Crotaltt$ (rattlesnakes), Sistrurtts
(pigmy rattlesnakes) and Agkistrodon (copperheads and cottonmouths) all of which are
native to Iowa and are likely to be kept by individuals doing conservanon or educational
talks·
Family Helodermatidae- Beaded Lizard and Gila Monsters.
Order Crocodylia-although the Caiman are included in tNs order, most people cannot tell
the difference so they should all be included.
Restricted reptiles that should possibly require a permit:
If the three genera of Cromlidae listed above are not prohibited, the)' would defimtely fit
here with the restricted animals.
Morelia amethystina- Amethystine python which is hot tempered and grows over 12 feet in
length
Python sebae- African rock python which is also hot tempered and grows over 20 feet in
length
Python reticulatus-Another hot tempered python which grows over 20 feet in length
The genus Eunectes- this includes all three species of Anaconda.
Opisthoglyphous Colubridae-these are the rear ranged snakes such as the Mangrove snake.
In the proposed ordinance the Madagascan Boas were included as prohibited animals. It is
not clear which ones are being alluded to, but there are two in the genus Acrantophis and
one in the genus Sanzbtia. All of these snakes reach a maximum length of 8 ft. and are not
considered aggressive. I have personally handled many Acrantophis dumerili. The cost of
the other two species (approximately $5000 per animal when available) precludes most
people from owning one and makes it ridiculous to include them in an ordinance. The
other prohibited animal is the white-lipped python (Liasis albertisii) which is an aggressive
snake, but its relatively small size makes this animal no risk to anyone's life and therefore
unnecessary to prohibit.
I do not believe it is necessary to prohibit or restrict any reptiles that are not listed above.
As I stated above, the currently proposed permit requirements will create unnecessary
bureaucracy, is completely unenfomeable and creates too many unwitting violators of the
law. The fact that a home inspection is required is absolutely laughable because Animal
Control personnel are simply not trained to judge proper caging for all of the common
reptiles currently kept in captivity.
If it does, for some reason, become necessary to enact a permit system, the permits should
be issued on a per-collection basis to those persons housing ntore than one animal.
My last judgment is reserved for the permit requirement for "large amphibians". Just what
is a large amphibian? I have a large Western Toad living in my back yard, should I get a
permit?
In closing, I am offering to help in the construction of an ordinance that is both fair for the
city of Iowa City and fair for the residents who will have to ab~de by it.
Dr. Shawn Lockhart, Ph.D.
Iowa City resident
If any of you would like to reach mg I am very accessible:
Work: 335-1116
Home: 339-7239
E-mail: shawn @biovax.biology.uiowa.edu
FAX: 335-2772
Members of the Iowa City City Council
This is my friend David - he is 14 months old, the same age as my next door neighbor
Zach. To David and Zach - "Tigger" who legally lives at 817 Davenport is going to look
like a kitty. To Tigger - David and Zach are going to look like LUNCH.
Kitty ->
<-Lunch
Tigger ~s currently living inside a house- no pen or cage. So when he gets big I imagine he
is just going to go out a screen, a window or a door because when you are 150 pounds of
mountain lion you pretty well go where you want to.
Tiggers owners are gone most of the time and is left with his housemates 3 alligators, a boa
constrictor and a python. Would the other 5 follow Tigger when he gets out - I don't know?
The property at 817 Davenport is a rental property and the owner was unaware
of the "pets" living in his propen5 as it is professionally managed for him. He seemed
distressed enough to take action concerning his tenants which may solve my problem but it
doesn't solve yours.
Would you like to think that Tigger might be lurking around your house? I don't even want
to think about it but right now I must because he lives just across the alley from me.
Please pass an exotic animal ordinance as soon as humanly possible
Jo Eland 820 Bloomington
To: City Council
Th d y
From: e Mona Forum
We are encouraged by your continuing expressions of concern an(J' inter~t
in the downtown area. We have been meeting to discuss and identify our
priorities for the area and thought you might like to see our laundry list.
At the top of our list is s_ecud~y. We unanimously support the need for
consistent police presence downtown, dudng the day and at night. We
have seen during the recent increase in police activity downtown a
corresponding drop in many of the negative activities which occur. The
most effective recommendation we can come up with is to establish a
downtown beat and have it patrolled by officers from 8 am until the bars
close at 2 am. We need to review ordinances in effect downtown to be
sure the officer is equipped to handle issues like harassment, pan
handling, illegal posting of advertisements and graffiti.
Next on our list is r~utine maJQteJ~ance. We need to have light bulbs
working, streets and planters clean, litter and trash picked up, trees
trimmed, ashtrays provided, posters removed, graffiti cleaned up, alleys
cleaned and lighted, ordinances enforced, all done on a regular scheduled
basis instead of the "squeaky wheel" system now apparently in place. We
have revived a relationship with Project Green to help the city and the
downtown business community address a master plan for attractive
plantings. The areas of downtown outside the plaza area should be
included in the maintenance schedule.
We need to address theJ3_e_er t~ck problem that exists downtown. Dubuque
Street, Washington, Clinton and all the alleys are consistently held
hostage for long periods of time by beer trucks. Delivery by 10 am might
offer a solution. Or, you could require that the beer trucks use loading
zones to park and then wheel their deliveries on hand carts.
We should have aclequa~e_utilil~jes available to allow special events to
take place without running cables and extension cords all over the
downtown. Building a stage in place of the flower bed in front of the
northwest corner of the Holiday Inn would make events like the Friday
Night Concerts much easier and safer to present and enjoy.
We need a safe new f nt Jn as an attraction and destination point
downtown. We have investigated several designs and have some facts and
figures to share with you when you are ready to make a change. A new
fountain would be a powerful symbol of your commitment to the
downtown.
As you have probably noticed, our focus is on 1996 rather than the new
millennium. We feel that attention to long standing problems and
deficiencies in our downtown are the necessary first step to a successful
future. One eats an elephant one bite at a time.
Our list is by no means complete. Our group has consistently agreed on the
first four or five priorities. We hope you will consider our suggestions
and that you will continue to work towards addressing these needs.
Sincerely,
The Monday Forum
Nancy Burhans, Gringo's, DTA, CofC
Val Chittick, Domby,
Tara Cronbaugh, Java House
Jim Clayton, Soap Opera, DTA
Victoria Gilpin, Preferred Stock, DTA, CofC
Mark Ginsberg, ~IC Ginsberg Jewelers, DTA, CofC
John Murphy, Bremer's, DTA, CofC
Dave Parsons, Frohwein, DTA, CofC
I~lark Weaver, Active Endeavors, DTA, CofC
Memorandum
To: Naomi Novick, Mayor of Iowa City
From: Mark Phillips and the Elks Trustees ~-:"
Date: September 24, 1996
Subject: Iowa City Elks Lodge cn
In our conversations with the City Council I do not believe that the Council fully understands the
activities ofthe Iowa City Elks Lodge including our State and National organization This is an
attempt to give to you in writing a little better idea of what the Elks is all about.
Although we have an abundance of social activities and amenities, the Iowa City Elks Lodge is
not a country club by any normal standards. As we have explained our annual dues are only $150,
a very meager sum for the services and privileges that membership brings and is a cost that is
easily reachable by the average family in Iowa City. This is proven out by the diversity that makes
up our membership, from brick layer and barber to bankers and attorneys.
We do not strive to attract any specific type of person to be an Elk member. We do not even
have any membership recruitment activities. Our existing members bring to us 50-75 new
candidates for membership annually from their friends and social acquaintances.
The side of the Elks that you do not see is the significant amount of public service work that we
perform and receive little, to no public recognition for. Following is a partial list of the major
things done by our Lodge:
Hospice Golf tournament - This tournament is organized by a group of our members
and is hosted by the Iowa City Elks Lodge on our course. A cash donation of $5,200
has been made back to the Hospice organization the past two years.
Hoop Shoot tournament - This is a national project for the Elks organization and is
funded by our Elks National Foundation. Our Lodge always has a local contest in
January or February that gets the annual participation of approximately 200 boys and
girls. For many years we have also hosted the Regional Hoop Shoot contest in Iowa
City at a local school gymnasium that includes contest winners from all over Eastern
Iowa. There are prizes furnished at levels of competition.
Summer Camp - Annually we seek one boy and one gkl to sponsor for a week of
summer camp of their choice. This past year both went to Camp Wapsie, a favorite
among Iowa City youth. We pay for the Camp and make arrangements for travel to
and from the camp if needed.
Naomi Novick
Iowa City Elks Lodge
September 18, 1996
Scholarship Programs - The National Elks Foundation is sai.t to be the largest
scholarslfip granting orgarfization, next to the Federal government. Iowa City annually
submits college scholarship candidates to vie for Iowa's allotment of scholarship funds.
We have had local scholarship winners sponsored by our Lodge in recent years.
Drug Awareness Programs - This is a priority of our State and National organization.
They supply many resources for our use towards this cause. In Iowa City we feel that
we can get the best results by putting our efforts towards assisting the Iowa City
Police department's efforts in the DARE program. We annually talk with Officer
Ockenfels at the police department to see what we can provide her. In past years we
have given the department Drag Awareness materials for their promotional use such as
watches and sunglasses for prizes and informational pamphlets for use to inform the
general public. We are able to provide this at no cost to the department.
Our State Association's major project supports the homebound handicapped by raising
money for and then providing a medium for them to sell craft items that are made by
handicapped individuals. We participate annually in the fund raising side of this and
send approximately $1,000 annually to support this.
Each year we host on a no-fee basis a local high school golf team. This rotates
between City, West and Regina High Schools. We make time available to them to
practice weekly on our course
We run an active youth golf program for 6 weeks in the summer with lessons and
actual supervised play on the course. The course is reserved for Juniors on Thursday
mornings during this 6 weeks period. The program is open to the general public at a
slightly higher fee than the $50 member fee.
We annually host two Senior, one Junior and one open golf tournaments that are open
to the general public.
The facilities, including the golf course, are made available to the general public to rent
for private events or parties.
The above demonstrates to you that the Elks is not only a valuable social amenity to the general
population of Iowa City but that it also is an active member of the community and strives to be a
good citizen in any way that it can serve a useful purpose.
It is also important to remember that ANYONE is always welcome at the Elks when brought as a
guest of an Elk member.
If you have any questions related to this please feel free to contact me or any of fie Tru~,~es.
cc: Karen Kubby Ernie Lehman -~,'
Larry Baker Dee Norton ' r', -~: ,
Dee Vanderhoef Dean Thomberry 355. ¥-.
Steve Atkins 7c~ -~
Crl