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Home My WebLink About2001-05-01 Info Packet of 4/26 CITY COUNCIL INFORMATION PACKET APRIL 30 WORK SESSION ITEMS IP1 Memorandum from Planning and Community Development Assistant Director: Proposed Traffic Calming on Lexington Avenue IP2 Memorandum from Planning and Community Development Assistant Director: Selection of Preferred Alignment for the Extension of Mormon Trek Boulevard between Iowa Highway '1 and Iowa Highway 921 (Riverside Drive) IP3 City Code: Police Citizens' Review Board MISCELLANEOUS ITEMS IP4 Memorandum from City Manager: Harlocke-Weeber Hearing - Fire Response IP5 Memorandum from City Manager: 2655 Indigo Drive - Fire IP6 Memorandum from City Manager: Road Use Tax IP7 Memorandum from City Manager: Policy for Civic Center Meeting Rooms IP8 Letter from City Manager to Ruth Beck: Response to Council Correspondence regarding Parking IP9 Memorandum from City Clerk: April 16 Council Work Session IP10 Memorandum from City Clerk: April 19 Council Work Session IPll Memorandum from Planning and Community Development Assistant Director to City Manager: City Council Request Pertaining to Near Southside Transportation Center Environmental Assessment IP12 Memorandum from Planning and Community Development Assistant Director to City Manager: Request for Stop Signs on Highland Avenue IP13 Memorandum from Kim Johnson to City Manager: Agenda Items IPI 4 Letter from Paul Morgan to Linda Kopping: Senior Center IP15 Memorandum from Police Captain Widmer to Police Chief: Presentation of Ethics Training IP16 Email from Council Member Pfab: Corporate Power - Bush's Bad Choice IP17 Email from Council Member Pfab: Dead in Ohio - Cincinnati's Black and Blue IP18 Email from Carol DeProsse - KCJJ (2) City of Iowa City Ipt MEMORANDUM DATE: April 18, 2001 TO: City Council FROM: Jeff Davidson, Assistant Director of Planning and Community Development RE: Proposed traffic calming on Lexington Avenue ?j~ The Transportation Planning Division has completed its evaluation of the proposal for traffic calming on Lexington Avenue. The attached information, which was circulated in conjunction with the neighborhood survey, explains the proposal in more detail. What is proposed is a barricade which would be erected on Lexington Avenue, closing it to motor vehicle traffic and essentially creating two cul de sacs, one extending from River Street and one extending from Park Road. The barricade would allow pedestrians and bicyclists to get through, and would be removed entirely during the winter months. The attached information explains in more detail how this proposal came to be developed by the neighborhood. A neighborhood survey was conducted of 24 residences with access to Lexington Avenue between River Street and Park Road, plus the McLean Street cul de sac which is only accessible through Lexington Avenue. 21 survey postcards were received back (88% rate of return), with fifteen in favor of the proposal and six opposed (71% percent in favor). In accordance with our neighborhood traffic calming program, the police department, fire department, Johnson County Ambulance Service, public works department, and transit division were also asked to comment on the proposed barricade. Attached are comments received from the police department, fire department, and transit division. The public works department inquired as to whether or not the barricade would be removed during the winter months, and when told that it would be, declined to provide any comments. Let's plan to discuss this matter at your April 30 work session. Hopefully, at that meeting you can indicate whether or not you would like to proceed with the proposed traffic calming installation. You will recall from earlier discussions that barricading a street is not something we would typically consider under the neighborhood traffic calming program. You agreed to consider it under the unique circumstances of the Lexington Avenue dips at the neighborhood group's request. If you decide you would like to go ahead with the proposal, the next step will be to meet with the residents in the area where the barricade would be erected and determine the specific design that we would use. We would hope to make it as aesthetically pleasing as possible. Funding for the barricade would come from the neighborhood traffic calming fund of the Capital Improvements Program, and it would be erected by City crews. Bring any questions you have to the April 30 work session. I have indicated to interested persons who have contacted me that the work session is not an opportunity for public input, so you may hear from persons in favor of or opposed to the proposal prior to that time. cc: Karin Franklin Chuck Schmadeke Rick Fosse Marcia Klingaman Beth Pfohl Lexington Avenue Action Committee ppdadrn/rnern/lexington4-30ws.doc Lexington Avenue Residents Re: Potential traffic calming on Lexington Avenue Dear Resident: Last fall a group of residents from Lexington Avenue contacted the City with concerns about speeding traffic and reckless driving on Lexington Avenue. The group of residents requested that Lexington Avenue be closed with a barrier beMeen McLean Street and the driveway to 420 Lexington Avenue. This would make Lexington Avenue into two culs de sacs, one e~ending from Park Road and one extending from River Street. There would be a gap in the barrier for pedestrians and bicyclists to get through, but the street would be closed to through traffic from motor vehicles. The City Council determined that they were willing to have this proposal considered under the City's traffic calming program. Our evaluation of the neighborhood's proposal to close Lexington Avenue progressed to the point last fall where a neighborhood meeting was held at Lincoln School in November to discuss the pros and cons of the proposal. At the meeting there were concerns expressed by some residents of Lexington Avenue, who indicated they were opposed to the proposal because they wished to be able to access their residences from either Park Road or River Street during the winter months when snow and ice are present. There were also general concerns expressed over the restricted visibility for motorists at the Lexington Avenue-Park Road intersection. The meeting at Lincoln School was concluded with the neighborhood group realizing that they needed to give additional consideration to the proposal and address the concerns expressed by neighborhood residents. We have again been conta~ed by the neighborhood group, called the "Lexington Avenue Action Committee." They have modified their proposal for traffic calming on Lexington Avenue which is intended to address the concerns of neighborhood residents expressed at the November meeting. The modified proposal has a barrier erected on Lexington Avenue to restrict through traffic as was originally proposed; however, a gate would be installed so that Lexington Avenue would be opened to through tra~c during the winter months when snow and ice may be present, and closed the remainder of the year. The attached diagram will give you an idea of how the proposed barrier and accompanying signage would be implemented. The barrier is proposed to be located where we feel it provides the maximum visibility along Lexington Avenue. The ne~ step in the City's traffic calming program evaluation is a su~ey of the neighborhood. The "neighborhood" is defined by the City Council as all residential dwelling units on properly ~hich is contiguous to Lexington Avenue, as well as all residential dwellings on any street which must use Lexington Avenue for access. This results in a su~ey of 25 affected households: the 300 and 400 blocks of Lexington Avenue including the corner residences on Park Road and River Street, and the 700 block of McLean Street. The enclosed postage-paid su~ey has been provided for you to indicate to us how you feel about the proposed barricade o~ Lexington Avenue. The City's traffic calming program is not intended to have the City impose unwanted traffic calming devices on a neighborhood. Rather, it is intended to allow a neighborhood to determine if they wish to have traffic calming devices installed. The neighborhood su~ey must indicate that at least 60% of neighborhood residents responding are in favor of the proposed traffic calming installation. Othe~ise, the proposal will not be fo~arded to the City Council for consideration. To clarify, each residence receives one vote, not each resident. 4~0 EAST WASH]~GTO~ S[REET · IOWA (;[TY, IOWA 52240 1~2~ · (~1~]~ ~Sb 5000 · FAX (~19] 356 5009 If the proposal does receive at least 60% approval from your neighborhood, it will be forwarded to the City Council for consideration, along with comments on the proposal which are being solicited from the Fire Department, Police Department, Ambulance Service, Department of Public Works, and Iowa City Transit. If approved by the City Council, we would then work with the neighborhood to determine the exact design of the gated barrier. Signage would also be erected on Lexington Avenue during those months when the street is closed indicating to motorists that it is not a through street. Thank you for your consideration of this matter. Please return your sun/ey postcard no later than April 13, 2001. If you have any questions, I can be contacted at 356-5252, or you may contact Beth Pfohl, JCCOG Traffic Engineering Planner, at 356-5254. Sincerely, Jeff Davidson Director of Traffic Engineering Planning Attachment cc: City Council City Manager Marcia Klingaman, Neighborhood Services Coordinator Rhys Jones, Lexington Avenue Action Committee jccogtp/Itrs/jd-lexington .doc Lexington Avenue Traffic Calming Proposal March 2007 Park Road proposed barrier with gate McLean Sb'eet C City of Iowa City MEMORANDUM DATE: March 26, 2001 TO: Andy Rocca, Iowa City Fire Department Matt Johnson, Iowa City Police Department Bud Stockman, Iowa City Streets Superintendent Ron Logsden, Iowa City Transit Mike Sullivan, Johnson County Ambulance Service FROM: Jeff Davidson, Department of Planning and Community Development RE: Proposed traffic calming project on Lexington Avenue A group of residents from Lexington Avenue has proposed a traffic calming project consisting of the closure of Lexington Avenue for approximately eight months of the year. This proposal is intended to deal with neighborhood perceptions of speeding traffic, and reckless driving on Lexington Avenue. The proposal was originally for a year-round closure of Lexington Avenue; however, this has been modified to leave Lexington Avenue open during the winter months. This change was made to address concerns by Lexington Avenue residents, particularly near the Park Road intersection, who wish to be able to access their residences from both River Street and Park Road during the winter months. The attached information prepared for the survey of the neighborhood summarizes the proposal in more detail. In accordance with our approved traffic calming process, we are asking for your comments on the proposal. Please provide any comments or concerns no later than April 13, 2001. If the neighborhood survey shows at least 60% of the respondants in favor of the proposal, it will be forwarded to the City Council for consideration, along with all of your comments. If there is not 60% approval by the neighborhood, the proposal will not be forwarded to the City Council for consideration. Feel free to contact me if you have any questions. Attachment cc: Lexington Avenue Action Committee jccogtp/mernJjd-lexproposaldoc Jeff Davidson From: Matt Johnson Sent: Friday, April 13, 2001 9:53 AM To: Jeff Davidson Cc: RJ Winkelhake Subject: Lexington St survey Jeff- I have not received anything of a significant nature regarding Lexington's proposed traffic calming. I do not believe that this would have an adverse impact on our delivery of service, save the reeducation of officers as to which side of the closure certain residences are on. Please call you have questions. Thanks for the opportunity to provide input. Matt Johnson Jeff Davidson From: Andy Rocca Sent: Friday, April 13, 2001 1:06 PM To: Jeff Davidson Subject: Proposed traffic calming on Lexington Avenue I have reviewed the referenced proposal and solicited comments from my administrative staff officers. While I am sensitive to the residents' concern for traffic calming on Lexington Avenue, I'm adamantly opposed to the installation of a gate or barrier. Emergency services are efficiently and effectively delivered on a network grid of arterial, collector, and local streets. A barrier, such as a gate, negates the benefit of this street network. We choose to deliver our services from fixed-base facilities; however, fire apparatus also respond while in service and consequently may have to approach an emergency incident from a different direction. The time necessary to unlock a gate and maneuver fire apparatus through is estimated to be one minute. While this may seem to be negligible, response times to this area of the City are in the four to eight minute time range. A benchmark for successful intervention in a cardiac arrest patient is four to six minutes. It's obvious how critical the additional minute could implicate our response. Another street to consider in the Manville Heights area is Hutchinson Avenue. This street is not paved between the 300 and 400 blocks, further complicating response routes in the area. Even if the gate isn't needed for a Lexington Avenue response, subsequent responses from this street would certainly be affected. Other areas for my concern are: 1. Unattended vehicles parked at the gate could render the gate useless for emergency responders. 2. Lack of turn around provisions for Public Works vehicles and equipment. 3. Early snowfalls that freeze the gate in place. 4. The type of locking device used to secure the gate. 5. Establishing alternate pedestrian and bicycle traffic routes. Hopefully, the residents can address these issues. As I look at traffic calming from a general perspective, I would describe it as a method to slow vehicles on streets where drivers travel at higher speeds than is desirable. I believe what is being proposed in this application is traffic 'obstructing' rather than traffic 'calming'. Each time that a traffic calming request is approved by the City Council, the probability for a slower emergency response increases. Again, I am adamantly opposed to the use of a gate or barrier on Lexington Avenue. Furthermore, I believe that existing speed limits and traffic signage should be enforced, thus negating the need for a highly restrictive gate. Thanks for the opportunity to comment on this proposal. Let me know if you have any questions. Iowa City Transit Memo To-' Jeff Davidson, Depart ent of Planning and Community Development From=Ron Logsden, Iowa City Transit Date= 03/29/01 Re'- Proposed Traffic Calming on Lexington Avenue Iowa City Transit does not use Lexington Avenue, nor do we have any plans to divert our Manville Heights route to using Lexington Avenue in the future. The proposed traffic calming on Lexington Avenue would have no impact on Iowa City Transit or the service we provide. · Page 1 City of Iowa City MEMORANDUM DATE: April 25, 2001 TO: City Council FROM: Jeff Davidson, Asst. Director, Dept. of Planning and Community Development e~// RE: Item for April 30, 2001 work session: Selection of preferred alignment for the extension of Mormon Trek Boulevard between Iowa Highway 1 and Iowa Highway 921 (Riverside Drive) At your capital projects discussion which was held in conjunction with the preparation of the FY2002 municipal budget, a majority of Council was in favor of adding the extension of Mormon Trek Boulevard between Iowa Highway 1 and Iowa Highway 921 to the funded years of the Capital Improvements Program. This was done to potentially annex and develop areas which are identified for commercial and industrial development according to the Comprehensive Plan. In conjunction with this project, the City of Iowa City requested and the JCCOG Urbanized Area Policy Board subsequently approved the reallocation of $1.9 million in STP funds from the South Sycamore reconstruction project to the extension of Mormon Trek Boulevard. In 1999, a report was prepared evaruating alignment alternatives for the extension of Mormon Trek Boulevard between Iowa Highway 1 and Sycamore Street. This matter was discussed by the City Council when the South Central District Plan was adopted as part of the Comprehensive Plan. Additionally, most of you discussed this issue at JCCOG when the "South Area Arterial" was amended into the JCCOG Arterial Street Plan. The 1999 alignment study began with 28 alternative alignments, which were then reduced to five final alignment alternatives through a screening process. A preferred alignment, shown in the attachments as Alignment N2, was selected by the City Council as the preferred alignment. This alignment was determined to best balance the engineering, environmental, and social impacts of the project. The remaining issue for discussion at the April 30 work session is the specific alignment of the proposed street in the vicinity of the John and George Dane family property, and the Tom and Karen Williams property. The 1999 study identified a preferred alignment through this area; however, at the request of the Dane family the Planning and Zoning Commission requested the investigation of alternative alignments. Three alternative alignments were identified, all of which can be constructed consistent with the City's design standards for arterial streets. The three alignments can be classified as follows: an alignment near the top of the hill near the former George Dane residence now occupied by Janet and Francis Driscoll, an alignment at the bottom of the hill near the Tom and Karen Willlares farm, and an alignment in between on the side of the hill. At the April 30 work session I will review the three alignment alternatives, and we can discuss the pros and cons of each. Here is a brief outline of the issues with the two alternative alignments compared to the original alignment at the top of the hill: Alignment alternative N-fA Approximately midway between Dane and Willjams residences; several hundred feet from each residence $175,000 more in construction costs due to additional grading on side of hill for visibility at Dane Road intersection No impacts to existing buildings Cuts through potential parkland area on Dane property Further away from neighborhood residences on west side of Dane Road Item for April 30, 2001 work session Page 2 Alignment alternative N-I B At bottom of hill; better visibility at Dane Road intersection Approximately same construction costs as alignment N-l; less grading at bottom of hill · Uses existing lane to Williams farm (this is an easement, not right-of-way) · Potential impacts to Williams farmstead or Lake Ridge manufactured housing park property; potentially higher property acquisition cost Would be a single loaded street through Lake Ridge manufactured housing park area Potential impact to wooded drainageway at bottom of hill (have been some impacts already from existing property owner) Road alignment is closer to neighborhood residences on west side of Dane Road · May be wetland issues that require mitigation Bob Miklo and I had a meeting with Dane family representatives on April 23, at which time the Danes indicated that they favor the N-1B alignment, and would agree to annexation of their property and donation of the right-of-way for the street along this alignment in exchange for certain concessions regarding access, future special assessments, future connections to City water and sewer systems, and preservation of a portion of their land as open space. Chuck Schmadeke and I have reviewed the Dane family proposal and find it to be a reasonable point for negotiations between the Danes and the City. The Danes have indicated they will not agree to annexation or donation of right-o~way for the road if one of the other alignment alternatives are selected. We have been less successful in ascertaining the desires of the Williams family. Steve Arkins, Karin Franklin, Dee Vanderhoef and I met with Tom and Karen last fall. The Williams have not identified a preferred alignment, nor have they stated whether or not they would allow their land to be annexed into the City. Some of you may have had discussions with the Williams and be able to provide additional information regarding their desires at the April 30 meeting. As stated earlier, it is necessary for you to make a decision on a preferred alignment through the Dane and Williams properties so that we may begin design and property acquisition in anticipation of FY2002 construction. Bring any questions or comments to the April 30 work session. cc: Steve Atkins Karin Franklin Chuck Schmadeke Rick Fosse Marcia Klingaman Bob Lentz, Earth Tech John Dane George Dane Tom and Karen Williams ppdadrn/mem/item4-30-O l ws doc ' CHAPTER 8 POLICE CITIZENS' REVIEW BOARD SECTION: will be conducted in a manner which is fair, thorough, and accurate. 8-8-1: Creation Of A Police Citizens' Review Board B. An annual reporting system regarding 8-8- 2: Intent, Goals And Guiding complaints against sworn police offi- Principles cers will be established to give the 8-8- 3: Definition Of Complaint; City Council sufficient information to Complaint Process In General assess the overall performance of the 8-8- 4: Formal Mediation Iowa City Police Department in these 8-8- 5: Police Department And Police matters. Chief Investigatory Duties; City Manager Investigatory Duties C. The Board will: 8-8- 6: Police Chief's Report To The Board; City Manager's Report 1. Oversee a monitoring system for To The Board tracking receipt of complaints lodged 8-8- 7: Duties Of The Board; Complaint against sworn police officers; Review And General Duties 8-8- 8: Board Composition; Limited 2. Provide oversight of police investi- Powers Of The Board gations through review of such investi- 8-8- 9: Police Officer's And gations; (Ord. 97-3792, 7-15-1997) Complainant's Rights Preserved 3. Provide the opportunity for a hear- 8-8-10: Sunset Clause ing to the police officer if the Board's findings on the complaint are critical of the police officer, as required by 8-8-1: CREATION OF A POLICE constitutional law, and give the police CITIZENS' REVIEW BOARD: officer the opportunity to present testi- As permitted under Iowa's home rule au- mony and evidence; (Ord. 98-3865, thority, the City hereby creates a Police 12-15-1998) Citizens' Review Board, to be hereafter referred to as the "Board", subject to the 4. Issue a final public report on each duties and limited powers set forth herein. complaint to the City Council which (Ord. 97-3792, 7-15-1997) sets forth factual findings and a writ- ten conclusion which explains why and the extent to which the complaint 8-8-2: INTENT, GOALS AND GUID- is either "sustained" or "not sus- ING PRINCIPLES: tained". A. Investigations into claims of inappro- D. The Board shall have no authority priate conduct by sworn police officers over police disciplinary matters be- 299 Iowa City 8-8-2 8-8-2 cause only the Police Chief or City I. The Board shall not interfere with or Manager may impose discipline under diminish the legal rights of sworn Iowa law. police officers, including those rights protected under the union contract, E. No findings in the Board's report shall Civil Service Commission, and State be used in any other legal proceeding. and Federal law. Similarly, the Board shall respect the rights of privacy and F. The Board shall only review the con- freedom from defamation shared by duct of sworn police officers and shall complainants and witnesses, as well only act in a civil, not criminal, capaci- as those same rights enjoyed b;, po- ty. The Board is not intended to be a lice officers under the law. court of law, a tort claim process or other litigation process. No action of J. The City Council finds that internal the Board shall be deemed to diminish accountability within the Police De- or limit the right of any person to file a partment is a valid legislative purpose, claim or a lawsuit against the City. and one method of accomplishing such internal accountability is to have G. A complaint may be filed by any per- the police do their own investigations son with personal knowledge of an into claims of inappropriate police incident. 'Personal knowledge" means conduct. If a complaint is asserted the complainant was directly involved against the Police Chief, the City in the incident or witnessed the inci- Manager will investigate the claim and dent. If the person with personal report to the Board and the City Coun- knowledge is underage or otherwise cil. unable to complete a complaint form, the complaint may be filed by such K. Investigation of all formal complaints person's designated representative. is a mandatory duty of the Police The City Manager, the Police Chief, Chief, and a report of each complaint the City Council, or the Board may file investigation shall be given to the a complaint based upon a reasonable Board. Such reports to the Board shall belief that police misconduct has oco include the factual findings of the curred regardless of personal knowl- Police Chief as well as a written con- edge. clusion explaining why and the extent to which a complaint is either "sus- H. In order to assure that people feel tained" or "not sustained". However, confident in the complaint process, such reports shall not include disci- nonpolice City staff shall be available pline or other personnel matters. If the at a public location other than the Police Chief and the City Manager find Police Department to receive corn- the potice officer's actions constitute plaints, although complaints may also misconduct and discipline is imposed be filed at the Police Department. by the Police Chief or City Manager, Formal mediation shall be available to the internal affairs investigation may the complainant(s) and the police become a public record to be released officer(s) at any time during the pro- cess. 299 IowG Cit3~ 8-8-2 8-6-3 by the City Attorney to the extent acting in the capacity of a sworn po- provided by law. lice officer. L. In order to assure external account- B. Any person with personal knowledge ability of the actions of the Police of the alleged police misconduct may Department, all formal complaint in- file a complaint with the Board or with vestigations shall be reviewed by the the Iowa City Police Department. In Board and reported tO the City Coun- order to have "personal knowledge", cil. the complainant must have been di- rectly involved in the incident or wit- M. External accountability will further be nessed the incident. If the person with provided by the Board's maintenance personal knowledge is underage or of a central registry of all formal com- otherwise unable to complete a com- plaints. In addition to the central regis- plaint form, the complaint may be filed try, the Board shall provide an annual by such person's designated repre- report to the City Council, which report sentative. The City Manager, the Po- shall be public and shall set forth the lice Chief, the City Council or the general types and numbers of corn- Board itself may file a complaint plaints, how they were resolved, de- based on a reasonable belief that mographic information, and recom- police misconduct has occurred re- mendations as to how the Police De- gardless of personal knowledge. The partmerit may improve its community person or official filing the complaint relations or be more responsive to may hereafter be referred to as the community needs. "complainant". N. The Board shall have oversight au- C. All complaints filed with the Board or thority to review police practices, the Iowa City Police Department shall procedures, and written policies as be in writing and on forms provided by those practices and procedures relate the Board. Complaint forms shall be to the Police Department's perfor- available to the public in easily acces- mance as a whole, and shall report sible locations, and nonpolice staff same to the City Council, including shall be available to receive the corn- any recommended changes. (Oral. plaint forms. Assistance may be avail- 97o3792, 7-15-1997) able to complete the form as designat* ed by the Board. 8-8-3: DEFINITION OF COMPLAINT; D. All complaints must be filed with either COMPLAINT PROCESS IN the Board or the Iowa City Police GENERAL: Department within sixty (60) days of the alleged misconduct. A. A "complaint" is an allegation of mis- conduct lodged against a sworn police E. Only those complaints which do not officer ("police officer" or "officer") involve the conduct of an Iowa City employed by the Iowa City Police sworn police officer or are not filed Department, where the complained-of within sixty (60) days of the alleged activity occurred while the officer was misconduct may be subject to summa- 997 Io~z tit), 8-8-3 8-8-5 ry dismissal by the Board. (Ord. B. Investigation: It shall be the mandato- 97-3792, 7-15-1997) ry duty of the Police Chief to do the following: 8-8-4: FORMAL MEDIATION: 1. Prior to investigation of any com- plaint, the Police Chief shall first give A. Formal mediation shall be the respon- Garrity and Gardner advice to all po- sibility of the Board, and shall be lice officers implicated in the com* available to the complainant(s) and plaint, as required by constitutional police officer(s) at any stage of the law. This means the officer cannot be process upon consent of all involved required to waive the officer's consti- parties and as provided by the Board. tutional right against self-incrimination, Upon the filing of a complaint, all However, the officer may be required complainants shall be informed that to answer questions during the inves- formal mediation is available. Acom- tigation as a condition of the officer's plainant may also meet informally with employment, but any admissions the police officer and the watch como made by the officer cannot be used mander of the police officer if the against the officer in a criminal pro- complainant wishes to do so. ceeding. B. If a complaint is successfully mediat- 2. Notify the complainant and the ed, the terms of the mediation agree- police officer who is the subject of the ment shall be set forth in writing, and complaint that formal mediation is shall be kept confidential to the extent available at any time during the Police allowed by law; but the status of set- Department's investigation and the tlement shall be maintained in the Board's review. The Police Chief may Board's central registry for reporting in also notify the complainant that the the Board's annual report. There shall complainant may meet informally with be no retaliation against police offi- the police officer and the watch com- cers who choose not to mediate. (Ord. mander of the police officer if the 97~3792, 7-15-1997) complainant wishes to do so. 3. Assign the complaint to designated 8-8-5: POLICE DEPARTMENT AND investigators within the Police Depart- POLICE CHIEF INVESTIGATO- merit for investigation into the factual RY DUTIES; CITY MANAGER INVESTI- allegations of the complaint. GATORY DUTIES: 4. The complainant shall be inter- A. Complaints: The Police Department viewed by the Police Department and shall forward copies of all complaints shall be entitled to have a neutral City received to the Board. if the complaint staff person or some other person concerns the Police Chief, a copy of chosen by the complainant present the complaint shall also be forwarded during the interview. The police officer to the City Manager. is entitled to have a union steward present during any interviews. 997 Iowa City 8-8-5 8-8-6 5. Investigators will prepare and for- conduct interviews or request the ward a report of their investigation to police investigators to conduct addi- the Police Chief, and shall make de- tional investigations; request addition- tailed findings of fact as to the allega- al information, or that additional ques- tions in the complaint, and shall also tions be asked; interview or direct that set forth a written conclusion which other persons or witnesses be inter- explains why and the extent to which viewed; request that other documents the complaint is either "sustained" or be reviewed and/or retrieved; and any 'not sustained". other investigative matters the Police Chief deems appropriate. C. Legal Advice: If litigation, including criminal charges, relating to the matter B. The Police Chief will consult with the of the complaint is commenced or is City Personnel Administrator and the being contemplated by or against any City Attorney prior to finalizing the party to the complaint, the Police Police Chief's report tothe Board, and Department, the Police Chief and/or shall then forward this report to the the Board shall consult with the City Board, which shall include the follow- Attorney and/or the Board's own attor- ing: ney on a case-by-case basis, to deter- mine whether and how the investiga- 1. Detailed written findings of fact tion of the complaint should proceed. concerning the allegations in the com- plaint; D. Complaints Against Police Chief: If a complaint is filed concerning the Po- 2. A written conclusion which explains lice Chief's conduct, the City Manager why and the extent to which the com- shall investigate or cause an investi- plaint is either 'sustained' or "not gation to be completed. sustained'; and E. Disciplinary Action: Nothing in this 3. Recommended remedial actions, if Chapter shall prevent the Police Chief any, including amending current poll- or the City Manager from taking disci- cies or adopting new policies. plinary action prior to the Board's review of the complaint. (Ord. C. The Police Chief's report to the Board 97-3792, 7-15-1997) shall not include discipline or person- nel matters. 8-8-6: POLICE CHIEF'S REPORT TO D. A copy of the Police Chief's report to THE BOARD; CITY MAN- the Board shall be given to the police AGER'S REPORT TO THE BOARD: officer, the complainant. and the City Manager. If the complaint concerns A. The Police Chief shall receive the the Police Chief, copies of the City designated investigators' report within Manager's report to the Board shall be the time frame indicated by the Police given to the Police Chief, the com- Chief. The Police Chief shall conduct plainant, and the City Council. a review of the investigators' report, and may do any or all of the following: 997 Iowa City 8-8-6 8-8-7 E. The Police Chief's report to the Board a. On the record with no additional shall be completed within thirty (30) investigation; calendar days after complaint is filed. The Board may grant extensions from b. interview/meet with complainant; this deadline for good cause shown. c. Interview/meet with named offi- F. All investigations shall be performed cer(s) and other officers; in a manner designed to produce a minimum of inconvenience and era- d. Request additional investigation barfassment to all parties-including by the Police Chief or City Manager, the complainant, the police officer, or request police assistance in the and other witnesses. IBoard's own investigation; G. If a complaint is filed concerning the e. Performance by Board of its own Police Chief, the City Manager'.s re- additiona~ investigation; port shall include the same findings of fact and conclusions as required for f. Hire independent investigators. the Police Chief's report to the Board. (Ord. 97-3792, 7-15-1997) 2. The Board shall apply a "reason- able basis' standard of review when reviewing the Police Chief's or City 8-8-7: DUTIES OF THE BOARD; Manager's report. This requires the COMPLAINT REVIEW AND Board to give deference to the Police GENERAL DUTIES: Chief's or City Manager's report be- cause of the Police Chief's and City A. Complaints: The Board shall forward Manager's respective professional copies of all complaints received to expertise. The Board may recommend the Police Chief for investigation; or that the Police Chief or City Manager where the complaint concerns the reverse or modify their findings only if: Police Chief, forward a copy of the complaint to the City Manager for a. The findings are unsupported by investigation. substantial evidence; B. Review Of Police Chief's Report Or b. The findings are unreasonable, City Manager's Report: arbitrary or capricious; or 1. The Board shall review all Police c. The findings are contrary to a Chief's reports and City Manager's Police Department policy or practice, reports concerning complaints. The or any Federal, State, or local law. Board shall decide, on a simple major- ity vote, the level of review to give When collecting and reviewing addl- each Police Chief's or City Manager's tional evidence, the Board shall rely report, and the Board may select any on evidence which reasonably prudent or all of the following levels of review: persons are accustomed to rely upon in the conduct of their serious affairs. 997 Iowa City 8-8-7 8-8-7 3. At the conclusion of the Board's the officer, but the Board may hold review, the Board shall issue a public hearings as deemed appropriate by report to the City Council concerning the Board. the complaint investigation. Such public report shall include detailed 6. The Board's report to the City findings of fact concerning the corn- Council shall be completed within plaint, together with a clearly articulat- thirty (30) calendar days of receipt of ed conclusion which explains why and the Chief's or City Manager's report. the extent to which the complaint is The City Council may grant requests 'sustained" or "not sustained". This for extensions to this deadline upon public report shall not include the good cause shown. names of the complainant or the po- lice officers unless the complaint is 7. Nothing in this Chapter shall in any sustained. In addition, this public way impede or interfere with the Po- report shall not include any discipline lice Chief's and the City Manager's or personnel matters, although the lawful ability to perform their person- Board may comment generally as to nel supervisory duties over sworn whether the Board believes discipline police officers, including the ability to is appropriate without commenting on impose discipline as deemed appropri- the extent or form of the discipline. A ate by the Police Chief or City Manag- copy of this public report to the City er. Council shall be given to the com- plainant, the police officer, the Police 8. No findings or report submitted to Chief and the City Manager. (Ord. the Board or prepsred by the Board 97-3792, 7-15-1997) shall be used in any other proceed- ings. 4. The Board shall not issue a report which is critical of the sworn police C. General Powers And Duties: The officer's conduct until after a "name- Board shall also carry out the follow- clearing hearing" has been held, con- ing duties: sistent with constitutional due process law. The Board shall give notice of 1. Maintain a central registry of com- such hearing to the police officer so plaints. that the officer may testify before the Board and present additional relevant 2. Collect data and do an annual re- evidence. The Board shall be respon- port to the City Council which shall be sible for protection of all State and public and shall set forth the general Federal rights enjoyed by the officer. types and numbers of complaints, The officer may waive the right to this disposition of the complaints, the hearing upon written waiver submitted discipline which was imposed, if any, to the Board. (Ord. 98-3865, and demographic information. This 12-15-1998) annual report shall not include the names of the complainants or officers 5. If the Board's report is not critical of involved in complaints which were not the officer's conduct, the Board is not sustained, and shall otherwise be in a required by law to offer a hearing to form which protects the confidentiality 299 lou~a City 8-8-7 8-8-8 of the parties while providing the pub- 2. Following final adoption and publi- lic with information on the overall cation of this Ordinance, the City performance of the Police Depart- Council shall appoint members to the merit. The Board's annual report may Board for staggered terms. All ap- also include recommended changes in pointments shall be for a four (4) year police practices, policies or proce- term, except for the initial appoint- dures. ments which shall be as follows: 3. In addition to the annual report, the a. One person appointed for a two Board shall, from time to time, report (2) year term. to the City Council on police practices, procedures and policies, including b. Two (2) persons appointed for recommended changes, if appropriate. three (3) year terms. 4. The Board shall adopt procedural c, Two (2) persons appointed for rules and bylaws governing the four (4) year terms. Board's activities, including the receipt and processing of complaints, and 3. Training shall be available to all such procedural rules and bylaws Board members to enable them to shall be approved by the City Council. perform the duties imposed herein, (Ord. 97-3792,7-15-1997) including training on Iowa's public records and open meetings laws. 8-8-8: BOARD COMPOSITION; LIM- B. Limited Powers: The Board shall have ITED POWERS OF THE the following limited powers: BOARD: 1. On its own motion, by e simple A. Board Composition: majority vote of all members of the Board, the Board may file a complaint. 1. The Board shall consist of five (5) members appointed by the City Coun- 2. The Board shall decide the level of cil, who shall be Iowa City eligible review to give the Police Chief's or electors and shall serve without com- City Manager's report by a simple pensation. The City Council shall majority vote of all members of the strive to appoint members who repre- Board. sent the diversity of the community. Appointments to the Board shall in- 3. The Board has no power to review clude one current or former "peace police officer personnel records or officer" as that term is defined by disciplinary matters except to the State law. The City Council reserves extent such matters are made public the right to waive the residency re- by the City Attorney. quirement for good cause shown. The City Council also reserves the right, 4. The Board has only limited civil, for good cause shown, to waive the administrative review powers, and has requirement that the Board include no power or authority over criminal one current or former peace officer. matters. The Board is not a court of 299 Iowa City 8-8-8 8-8-10 law, and is not intended to substitute other applicable State and Federal as a tort claims procedure or as litiga- laws. tion against the City. B. All common law rights enjoyed by 5. If criminal charges are brought or complainants and police officers, such are being considered against a partic- as privacy and freedom from defama- ular police officer(s), the Board's re- tion, shall be protected during the view or investigation may proceed process set out in this Chapter, and it with interviewing other officers or shall be the Board's duty to protect witnesses, or collecting documents, as said rights. appropriate. Any statements given by an officer who is subject to criminal C. Notwithstanding the above provisions, investigation cannot later be used no Board member shall be liable to against the officer in a criminal pro- any person for damages or equitable ceeding, as provided under the Fifth relief by reason of any investigation or Amendment to the U.S. Constitution, recommendation or report made by unless such constitutional right is either a Board member or by the waived. Board itself. (Oral. 97-3792, 7-15-1997) 6. The Board may obtain outside counsel and independent investigators in order to carry out the Board's du- 8-8-10: SUNSET CLAUSE: This Chapter ties. shall be automatically repealed on August 1, 2001, unless reenacted by 7. The Board may hold general infor- City Council. (Ord. 97-3792, 7-15-1997) mational hearings concerning Police Department practices, procedures or written policies, and such hearings will be public. The Board shall then report the results of such general informa- tional hearings to the City Council, as the Board deems appropriate. (Ord. 97-3792, 7-15-1997) 8-8-9: POLICE OFFICER'S AND COMPLAINANT'S RIGHTS PRESERVED: A. All rights enjoyed by sworn police officers employed by the City are preserved in this Chapter, and nothing herein is intended to waive, diminish or interfere with any such rights pro- tected by the union contract, Iowa's Civil Service Commission laws and 997 Iowa City City of Iowa City MEMORANDUM DATE: April 20, 2001 TO: City Council FROM: City Manager RE: Harlocke-Weeber Hearing - Fire Response The other evening during the Harlocke-Weeber hearing citizen spoke of a problem in receiving assistance from a City fire crew. The incident was to have occurred 5+ years ago. Checking the address against our incident reports, we note that on September 27, 1995, a City fire crew responded to a call for assistance at 923 Harlocke Street. The alarm time was 11:55 p.m., and crews arrived at the scene at 12:03 a.m. They were back in service, that is, available for another call, at 12:12 a.m. The elapsed time from alarm to back in service was 17 minutes. We were unable to confirm the circumstances of the delay as described, that is the crew/fire truck was obstructed by parked cars and apparently the citizen had to guide the crew to the location. All indications are the call, which was responded to as a Code 2 (no lights and sirens), was handled in a routine fashion by assisting a person who had fallen. mgr/mem/harlocke~re95.doc City of Iowa City MEMORANDUM DATE: April 25, 2001 TO: City Council FROM: City Manager RE: 2655 Indigo Drive - Fire You may recall a few weeks ago a fire at this address. This property is owned by the Iowa City Housing Authority. The insurance that is available on this property will cover all damages and replacement value. The dean-up work is now underway and the unit will likely be completely gutted. Apparently the only salvageable item is the stove. There should be no out of pocket expenses from the Iowa City Housing Authority with regard to the fire damage. mgr/mem/2655indigodoc City of Iowa City J 04-26-01 IP6 MEMORANDUM DATE: April 25, 2001 TO: City Council FROM: City Manager RE: Road Use Tax Last week members of the City staff were participating in meetings with the Iowa Department of Transportation. One of the discussion items was the State's Road Use Tax fund. There has been a drop in statewide gasoline consumption, most notably when gasoline exceeded $1.50 per gallon. It seems from the information received that the $1.50 appears to be a magic number with respect to consumption. Other contributing factors are more fuel-efficient vehicles and the increased use of ethanol which has a smaller tax. Notably, gasoline stations on Indian reservations are seeing increased sales because they are not required to charge a federal fuel tax. The IDOT is expecting the first decline in Road Use Tax collection in 20 years. As a City we budget conservatively, but anticipated tax collections could result in a loss of $200,000 a year in Road Use Tax revenue. We will have to monitor this projected loss to determine how it affects our financing of capital projects. Also of note is that the Iowa DOT Office of Public Transit has informed us that our state funding for public transit will be reduced by $20,000 per year. cc: Kevin O'Malley mgdmem/roadusetaxdoc City of Iowa City M MORANDUM DATE: April 21,2001 TO: All Departments FROM: City Manager RE: Policy for Civic Center Meeting Rooms In February of 1995, a written policy was implemented concerning the meeting rooms at the Civic Center and requests from the general public for use of these rooms. That policy has been amended to address recent issues concerning use of the rooms and is attached. Changes are indicated in bold and underlined. Please advise members of your staff of this policy. Attachment Updated April 25, 2001 POLICY Use of Civic Center Meeting Rooms Meeting rooms in the Civic Center are provided for City-sponsored or co- sponsored groups only. Meeting rooms are not available for the benefit of private individuals or profit-making organizations. It is preferred that meetings scheduled after 5:00 p.m. weekdays or on weekends be held in the Lobby Conference Room so that the remainder of the building may be secured. City staff must be 13resent at all times. City staff may schedule meetin~l rooms in the Civic Center at their coml3uters by usin~l Outlook Calendar. Only City eml~lovees have access to the Calendar. Meeting rooms in the various departments not listed on Outlook Calendar may be reserved directly through the department secretary. U: meeting room policy April 19, 2001 ~ Citl/o Rev. Ruth J. Beck ~ll~l~ 2611 Hawthorne Lane Stillwater, MN 55082 I~ Dear Rev. Beck: This note is in response to your April 10 eraall to the Iowa City City Council regarding parking regulations in Iowa City. I will respond to your concerns as you stated them. · You must post this rule eomewhere. Most regulations are not posted. For example, parking distance from a stop sign, parking in front of a tim hydrant. Our streets would be clu~emd with signs if eve~ regulation were posted. It is not unusual for a municipali~ to impose a restricted parking ordinance along residen~al streets. I checked with your hometown, Stillwater, MN, and their parking ordinance states cam must be moved eve~ 24 hours, with no indicating signs. When a protest is filed, you should take it ~eriously. The Ci~ has in place a parking ticket review process that sexes the interes~ of the Ci~ and violatom fairly. Thorough consideration by a committee is given to all who file a review fo~. · Why should our daughter be expected to drive eve~ day? The streets are not intended for long-term storage for vehicles. Fob-eight hour pa~ing is a ~pical amount of time municipalities allow. If you are frustrated by limited parking, why don't you require landlords to make cedain there i~ adequate parking. There am minimum pa~ing requirements in place. However, pa~icularly in our older areas of town, large homes are conveded to apa~ments without notifica~on to the Ci~. Once the home is conveded, even if the Ci~ is aware rental units exist within the home, it is ve~ di~cult to enfome occupancy levels. We do investgate when notified of a possible noncompliance. If you would like more detail on minimum requirements, please contact Jann Ream (319-356-5120) of our Housing & Inspection Depa~ment. Without the vehicle license plate, I was unable to review the specific histo~ of your daughter's parking violations. However, the process for towing a vehicle violating the on-street parking ordinance is as follows: The vehicle is chalked. If there has been no movement for 48 hours, the vehicle is ticketed. Another 24 hours can pass before an orange sticker indicating towing will occur is placed on the windshield. At least another 24 houm passes before the vehicle is finally towed. Morn than 48 houm is actually allowed by the time the administrative notification process is carried out, If you need fu~her clarifications of our parking regulations, please contact Manouch Amin at (319) 356- 5094. Sincerely youre, City Manager Cc: Ci~ Council Housing & Inspection Seaices Parking Division Police Depa~ment City of Iowa City j, MEMORANDUM Date: April 26, 2001 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, April 16, 2001, 6:45 PM in Council Chambers Council:Champion, Kanner, Lehman, O'Donnetl, Pfab, Vanderhoef, Wilburn Staff: Atkins, Herling, Dilkes, Karr, Cannon, Yapp, Miklo, Davidson, Boothroy, Nasby Matthews, Logsden, Fowler, Craig, Amin Tapes: 01-38, Side 2; 01-40 and 01-41, Both Sides (A complete transcription is available in the City Clerk's Office) PLANNING & ZONING ITEMS Senior Planner Miklo requested the addition of a new item to the agenda. H. Setting of a public hearing for May 1 on an ordinance rezoning 24 acres from P, Public to SAQ-5 Sensitive Area Overlay and amending the preliminary SAC plan of the Peninsula Neighborhood, an 82.1 acre a development located at the west end of Foster Road. Council agreed to add the item to the agenda, Senior Planner presented the following items: A. Setting a public hearing for May 1 on an ordinance amending the Sensitive Areas Overlay Plan for Walnut Ridge Pads 9-10, a 20.67 acre, 13-1ot residential subdivision located on Kennedy Parkway. (REZ01-0003) B. Public hearing on an ordinance changing the zoning designation from General Industrial (1- 1) to Intensive Commercial (C1-1) for approximately 12.09 acres located on the south side of Highway 1. (Westpod Plaza, Part 2/REZ01-0002) Miklo stated that if the conditional zoning agreement is not signed the public hearing should be continued to May 1. Mayor Lehman left the room for the next item due to a conflict of interest. C. Changing the zoning designation from High Density Multi-family Residential, RM-44, to Sensitive Areas Overlay, OSA-44, for approximately 4.01 acres of property to allow 39 dwellings in three buildings located on the east side of Harlocke Street. (Southgate Development/First Consideration) City Arty. Dilkes reviewed her March 20, 2001 memo stating the plan complies with the sensitive areas ordinance. Council Work Session April 16, 2001 Page 2 Mayor Lehman returned to the room. D. Public Hearing on a resolution amending the Comprehensive Plan to include the Nodh District Plan Sr. Planner Miklo, Assoc. Planner Yapp, and Asst. PCD Dir. Davidson presented information. E. Ordinance amending the zoning code Article (D), definitions, and Article (L) provisional uses, special exceptions and temporary uses, to allow accessory apartments in accessory buildings. (First Consideration) F. Ordinance changing the zoning designation by establishing a Conservation Overlay Zone for properties generally located south of Burlington Street along Governor and Lucas Streets. (Second Consideration) G. Resolution approving a preliminary plat of Stone Bridge Estates Part 1, a 5.05 acre, 16-1ot residential subdivision located north of Court Street, east of Camden Road, and west of Taft Avenue. (SUB01-0002) AGENDA ITEMS 1. (Consent Calendar #3f(14) (a) and (b) - JCCOG Transportation Planner memos regarding parking on Union Road/Arizona Ave. and Muscatine Ave./Pinecrest Road) Asst. PCD Dir. Davidson stated that both requests deal with visibility issues, and stated residents may be present to address the matter and Council may wish to delete the items from the Consent Calendar for separate discussion. 2. (Consent Calendar #4f(1 ) - Letter from Ruth Beck regarding parking) Council Member Kanner requested information. The City Mgr. stated he was already investigating and could respond to Ms. Beck. 3. (Consent Calendar #-4d(4) - Fixing date of May I for $670,000 GO Bonds) In response to Council Member Kanner, the City Mgr. replied bonds would be issued for the public art program or public art advisory committee expenditures. 4. (Item #15 - Resolution. ..use of public right-of-way .... Iowa City Coffee Company/Java House) In response to Council Member Kanner, the City Clerk stated a new provision of the agreement allowed establishments flexibility to remove the fence once a year to address snow removal and other safety issues and would be explored for future agreements. 5. (Item #10 - Ordinance amending the City Code. ..new section 4-2-3...regulation of alcohol sales) City Atty. Dilkes and Asst. City Atty. Matthews present for discussion. Council agreed to defer second consideration until May 1 to allow staff to receive input from licensees; majority agreed to delete 4-6-7A(4) from the proposed ordinance dealing with "normally or customarily charged" pricing. Staff will prepare recommendations for Council discussion on April 30, and a new ordinance prepared for first consideration containing the recommendations will be provided for the May 1 agenda. Council Work Session April 16, 2001 Page 3 COUNCIL APPOINTMENTS Civil Service Commission - reappoint James Anderlik DUBUQUE STREET RAMP AND LINN STREET PARKING (IP2 of 4/12 Info Packet) Asst. PCD Dir. Davidson and Parking & Transit Dir. Fowler presented information. Council directed staff to convert to angle parking on the half block of Linn Street in front of the Library; and covert the parking spaces (in the Dubuque Street ramp) located below grade and at street level off of Linn Street to shod-term parking, with the Linn Street entrance to the ramp becoming exclusively a shod-term parking entrance and the Dubuque Street entrance the long-term entrance. STAFF ACTION: Proceed as directed. (Fowler/Davidson) SHUTTLE AND SUMMER TRANSIT SERVICE (IP3 of 4/12 Info Packet) Parking & Transit Dir. Fowler and Transit Mgr. Logsden present for discussion. Majority of Council did not wish to pursue a 25 cent fare; and agreed to discontinue the shuttle in summer and reallocate the service hours to other routes such as Oakcrest/Towncrest and Scott Industrial Park during the academic year. STAFF ACTION: Proceed as directed. (Fowle~Logsden) CDBG ALLOCATION (Item #7) Community Development Coordinator Nasby and HCDC Chairperson Renquist presented information regarding the process HCDC used to come up with their list of projects recommended for FY02 Community Development Block Grant and/or HOME Investment Partnership Program funding. SMOKING IN PUBLIC AREAS (IP4 of 4/12 Info Packet) City Atty. Dilkes reviewed her April 4 memo. After discussion Council directed staff to prepare an ordinance incorporating the following criteria: prohibiting smoking in restaurants only; no time limitations; define restaurant as over 50% gross revenues from food sales; include all restaurants regardless of size or seating; not to prohibit in outdoor restaurants; and to establish penalties at $25.00 for the smoker and $100/$250/$500 escalating fines for the owner/manager of the establishment. CAF~ representatives Dan Ramsey, Eileen Fisher and Chris Clair present for discussion. Suzanne Jock, American Cancer Society, also present. STAFF ACTION: Contact Alcoholic Beverages Division to see if there are figures available of gross receipts filed for licenses establishments and/or conduct informal local survey to access the gross receipts and report back to Council. (Dilkes) Council Work Session April 16, 2001 Page 4 SUMMER SCHEDULE After discussion the following formal schedule was agreed upon for the remainder of the year: June 12 and 26; July 10 and 31; August 21; September 11 and 25; October 9 and 23; November 13 and 20; December 4 and 18. STAFF ACTION: Memo provided in April 19 information packet with new schedule. (Karr) COUNCIL TIME 1. Mayor Lehman reminded Council of the special work session/joint meeting with the Police Citizens Review Board (PCRB) on Thursday morning. 2. Council agreed to set the evaluations of the City Attorney, City Manager and City Clerk for the morning of May 8 starting at 8:00 AM. Majority of Council requested the salary survey presented last year be updated and the outline used last year be re-distributed. 3. (Consent Calendar #4f(15) - Letter from Lori McCurn regarding public housing) Majority of Council requested a response be sent to Ms. McCurn stating that Council was not willing to change the current policy. 4. (IP8 of 4/12 Info Packet - Funding for City Park Trail Project) In response to Council Member Kanner, the City Manager reviewed the memo and the project. 5. Council Member Kanner noted City discussions regarding the public sidewalk between the Press-Citizen/Burns project and the neighboring property owner, and stated he had called the Fair Housing and Equal Oppodunity office concerning the filing a complaint. Council requested a memo from Asst. City Atty. Holecek on the matter. Meeting adjourned 10:15 PM. City of Iowa City MEMORANDUM DATE: April 26, 2001 TO: Mayor and City Council FROM: Marian K. Karr, City Clerk RE: Spec. Work Session, April 19, 2001, 8:30 AM in Council Chambers Council present: Champion, Kanner (arrived 8:55), Lehman, O'Donnell, Pfab, Vanderhoef, Wilbum PCRB Present: Cohen, Hoffey, Horton, Stratton, Watson Staff: Atkins, Helling, Holecek, Karr, Bauer Other: PCRB Legal Counsel Pugh Tape: 01-44, Both Sides A complete transcription is available in the City Clerk's office. Joint Meetinl~ with PCRB PCRB Chairperson Watson presented a summary of PCRB responsibilities, possible ordinance changes and the reasons for continuing the Board. Mateddais were distributed. Watson noted the August 1,2001 sunset clause contained in the ordinance and reported that the Board had voted unanimously to reenact the ordinance at their previous meeting. Majority of Council agreed to: · Recognize the value of PCRB · Continue the PCRB in some form · Recommended a change to the first line of the second paragraph of the PCRB educational brochure to read "The PCRB reviews reports prepared after investigation of complaints about alleged police misconduct." · Schedule April 30 work session discussion on the future scope of the Board · Acknowledged 2 vacancies on the Board for September 1 (advertising to begin in June) STAFF ACTION: Schedule discussion for April 30 work session. (Karr) Meeting adjoumed 9:30 AM. City of Iowa City I MEMORANDUM DATE: April 20, 2001 ~ ~ TO: Steve Atkins FROM: Jeff Davidson "~fr RE: City Council request pertaining to Near Southside Transportation Center Environmental Assessment You are aware we have been conducting an Environmental Assessment for the Near Southside Transportation Center over the past several months. We are currently in the federally-mandated 30-day comment period which concludes May 2. Comments are being solicited for the completed Environmental Assessment document that has been preliminarily approved by the Federal Transit Administration. Any comments received on the EA during the 30-day comment period will be addressed in the final version of the document. Based on the conclusions of the EA, we will be requesting the Federal Transit Administration issue a Finding Of No Significant Impact (FONSI). The conclusion of this process will allow FTA to release our initial grant funds so that we can begin property acquisition. The public hearing which was held Tuesday evening, April 17 is not a requirement of the federal Environmental Assessment process. The requirement is if during the 30-day comment period a request is received for a public hearing, then one must be held. In an effort to move this process along as quickly as possible, we chose to go ahead and hold a hearing even though one was not required. The necessary public notifications were handled by our consultant, Earth Tech. I do not recommend holding a second public hearing as has been suggested by a member of the City Council. Holding an additional hearing would put us past the May 2nd comment period deadline and delay approval of the Environmental Assessment by the Federal Transit Admjnistration. This will further delay acquisition of property and relocation of impacted businesses which is necessary before we begin construction of the project. This could jeopardize the start of the project which is now scheduled for January 2001. The displaced tenants of the Electronics Cave and Union Planters Bank properties have been very patient while we work through issues with FTA. I believe the planning process for the Transportation Center has been very inclusive with respect to public input. Comments on the EA can continue to be provided until May 2. Incidentally, no members of the public appeared at the April 17 public hearing. Let me know if you have any questions regarding this matter. cc: Joe Fowler Eleanor DHkes jccogadm~memos~environassmtdoc City of Iowa City MEMORANDUM DATE: April 20, 2001 ~(~ TO: Steve Atkins .m.~;[ FROM: Jeff Davidson RE: Request for stop signs on Highland Avenue Several months ago a request was received from residents of Highland Avenue for stop signs to be erected at certain Highland Avenue intersections in order to slow down traffic. This led to the City Council discussing removing the all-way stops at the Kirkwood Avenue/Dodge Street and Kirkwood Avenue/Keokuk Street intersections, and signalizing these intersections instead. The thought was that signalizing these intersections would allow traffic to move more efficiently along Kirkwood Avenue and possibly reduce cut-through traffic on Highland Avenue. After deliberation, the City Council determined they did not wish to modify the existing traffic control on Kirkwood Avenue. Subsequent letters were received from a resident of Highland Avenue and a resident of Kirkwood Avenue again requesting stop signs to be installed on Highland Avenue. Staff continues to be opposed to such an action. Installation of unwarranted stop signs results in motorists disobeying the signs by rolling through them and occasionally not stopping at all. This behavior can be observed at existing unwarranted stop sign locations throughout the community. We believe this breeds overall contempt by motorists for traffic control devices including stop signs, and leads to a false sense of security on the part of pedestrians who are trusting that a motor vehicle will stop at a stop sign when they are crossing the street. We believe these safety issues are as serious as the issue of speeding traffic on Highland Avenue. We continue to encourage spot enforcement of the speed limit by the Police Department on Highland Avenue to address concerns about speeding traffic. Let me know if you have any questions. cc: Karin Franklin Chuck 8chmadeke Rick Fosse Marcia Klingaman Matt Johnson jccogadm%memos\highlandave doc City of Iowa City MEMORANDUM Date: April 24, 2001 To: Steve Atkins From: Kim Johnso.5~,~F) Re: Agenda Items The following are costs associated with Capital Improvement Projects being presented for acceptance at the May 1st Council meeting: 1) Iowa City Landfill Recycling Project, Phase I Contractor.' Bill Whitters Construction · Project Estimated Cost: $ 200,000.00 · Project Bid Received: $ 158,808.50 · Project Actual Cost: $ 161,387.39 2) Iowa City Landfill Gas Collection System Contractor.' Westmar, Inc. · Project Estimated Cost: $1,500,000.00 · Project Bid Received: $ 922,998.00 · Project Actual Cost: $ 955,845.34 Linda Kopping ~ Coordinator Iowa City/Johnson County Senior Center 28 South Linn Street Iowa City, Iowa Dear Ms Kopping, Why is it that no matter how many years we've had to learn a very simple lesson, that is not taking things for granted, we still do! This became even more evident to me recently. Four months ago I moved from my hometown to Connecticut to be closer to my son and his family. The people here are very similar to Iowans in the fact they generally treat you as they themselves want to be treated. One distinct difference is the reason for this letter. In all my travels, yes including my present location, there is no senior center to compare to IC/JC Senior Center. When I lived in Coralville, and enjoyed the myriad of activities offered, I did, as most of us do, take it for granted! I was remiss in not taking the time to thank the people that made the center function while I lived there. I would like to take this opportunity to correct that void at this time. Hopefully the seniors that use the center daily realize what have without having to move to another city. I can assure them "that the grass is NOT always greener on the other side of the fence". Please give my very special thanks to Julie Seal and all the volunteers who make your Senior Center one is the best in the country. By the way, I recieve and read The Post every month. Thank you. Sincerely, Paul Morg~a~ Middletown, Connecticut Departmen DATE: April 13, 2001 TO: Chief Winkelhake FROM: Captain Widmer SUBJECT: Presentation of "Ethics Training" As a matter of follow-up on your granting permission for me to conduct the in-service training at the Cedar Falls PD, I can inform you that the training was well received. During the four separate sessions (March 27, 28 & April 3,4) entitled "Ethics in Policing", 51 law enforcement officers from the Cedar Falls Police Department and University of Northern Iowa Department of Public Safety were given the two hour block of instruction. I think it reflects well on our Department that other law enforcement agencies look to use for this type of training. It is amplified even more in that the recommendation for us to conduct this training came from Gene Shepard, Director of the Iowa Law Enforcement Academy. This same presentation was also presented to the 27 participants of the Police Citizen's Academy on April 5. ,,.,,, ,,,, From: city council sent: Tuesday. April 24. 2001 1:19 PM To: Marian Karr Subject: FW: Corporate power - Bush's bad choice From: I~in P~b[SMTP:IPFAB@AVALON.NE~ Sent: Tuesday. April 24. 2001 1:08:56 PM To: council@iowa-city.o~; I~in P~b Su~ect: Corporate power - Bush's bad choice Auto ~rwarded by a Rule Online Journal - http://www.onlinejournal.com 04-24-01: Corporate power - Bush's bad choice By Scott Morschhauser April 24, 2001-it is no secret that the Bush administration is run like a corporation. Also, corporate interest is placed higher than public interest; corporate opinion is placed higher than public opinion. This brings to mind an example of the pitfalls of corporate interests supplanting public interest. The example that I will use has been known for years, but is usually brushed away as a "conspiracy theory." I must digress momentarily. It's important to realize that the label "conspiracy theory" is used by those defending corporate interests the same way that they use the label "communist." If you are successful at pinning a person or idea with a negative label, then the public will ignore the message. It doesn't matter whether or not the label fits. The facts don't matter. All that you have to do is accuse (see the older Bush a~Tlinistration for prime examples). So stick with me for a minute and you'll soon see my point. The basic story goes like this. In 1974 a young attorney named Branford Snell, working for the U.S. Senate Antitrust Subcommittee presented evidence that starting in the late 1930s General Motors had set up a holding company called National City Lines, along with Standard Oil (now Chevron) and other auto-related corporations like Firestone Tires. This holding company purchased electric rail transit systems (trolleys) across the U.S. in order to convert them to diesel buses, as well as promote the use of automobiles. In other words, GM forced the public transportation systems to convert to buses and, therefore, purchase buses and parts from GM. Thrown into the mix, GM, National City Lines, and big oil worked hard with lobbyists to promote the interstate highway system, also promoting the use of automobiles. GM was brought up on two counts under the Sherman Antitrust Act. It was acquitted of the first charge of conspiring to form a transportation monopoly but found guilty of a second charge of conspiring to monopolize the sales of buses and supplies to the companies owned by National City Lines, a subsidiary of GM. The "conspiracy theory" is that GM deliberately dismantled the electric rail systems in order to push a diesel bus system that they knew would fail, thus ultimately to promote the usage of automobiles. The counter argument is that the fall of electric rail was just the evolution of the public transportation industry. The facts of the case have been well documented in the PBS documentary "Taken For A Ride". You can read the counter-argument in the online document "General Motors and the Demise of 1 Streetcars" by Cliff Slater. I recommend that you investigate both sides of the argument as well as the insightful book "Asphalt Nation: How the Autmobile Took over America and How We Can Take It Back" by Jane Holtz Kay. Regardless of the intent, we all know the rest of the story. The electric rail systems were destroyed, American bus public transportation systems failed miserably, and highways and roads continue to be paved and expanded over every square inch of existing land if it looks like they will promote "growth" and help the economy. Simultaneously, the usage of automobiles by Americans skyrocketed. So what's my point? Is there or isn't there evidence of a conspiracy, and what does this have to do with George W. Bush? My point is that the story is much more intriguing and devastating without the conspiracy. With a conspiracy, you have an evil corporation with stogey-smoking leaders sitting around the boardroom plotting the destruction of America's beloved electric rail system. Someone can come along and disprove a few facts, label the events part of a "conspiracy theory," and debunk the entire thing. Without the conspiracy you have a simpler story, with not only one corporation, but the auto and big oil industries running day to day operations with their bottom-line as the only goal. Corporations that by sheer size have been given an inordinate amount of power by our government to shape the American landscape and our lives. Corporations that have continuously made self-serving decisions that, regardless of intent, have led to our nation's pitiful public transportation systems, and an unhealthy dependency on the automobile. In other words, when left to their own devices, these industries have blundered along making a wreck of the American landscape. No conspiracy, just day to day decisions detrimental to the environment and private citizens. My opinions and theories hold for corporations in other industries as well. Fast forward to the present. That famous intellectual George W. Bush can try to debunk the respected scientists all that he likes, but the facts remain that the U.S. contributes 25 percent of the toxic emissions leading to global warming. The other nations that share our planet, friend and foe alike, are not happy with us. Bush brags about modeling his administration after the corporate model and has consistently put corporate interests first, but our history shows (without conspiracy theories), corporations are not necessarily looking out for the best interest of the citizens of this country. Should we be giving this much power to corporations? Are corporations the shining ideal for our president's administration (or George W. Bush's administration for that matter)? Do we trust that these corporations, without malicious conspiratorial intent, will not just plain screw up and destroy that which is good for our country (a low-pollution public transportation system), and promote that which is harmful (a ridiculous dependency on the combustion engine, clogged freeways, and urban sprawl)? Why don't we take the control away from the corporations? Why don't we make the decisions that we know in our hearts are good for the earth and therefore good for our economy and every aspect of our country in the long run? Remember, there are more of us than there are of them. See you at the Voter Rights March on May 19. Copyright © 1998-2001 Online Journal. All rights reserved. I 04-26-01 I Madan Karr IP17 From: City Council Sent: Monday, April 23, 2001 8:52 PM To: Madan Karr Subject: FW: 15 Dead in Ohio: Cincinnati's Black and Blue From: Irvin Pfab[SMTP:IPFAB@AVALON.NET] Sent: Monday, April 23, 2001 8:49:11 PM To: Irvin Pfab Subject: 15 Dead in Ohio: Cincinnati's Black and Blue Auto forwarded by a Rule 15 Dead in Ohio: Cincinnati's Black and Blue Tim Wise, AlterNet April 17, 2001 Viewed on April 18, 2001 Sometimes, folks don't even bother hiding their racism. Take Keith Fangman, President of the Cincinnati Fraternal Order of Police (FOP). In the wake of this past week's uprising to protest the killing of Tim Thomas and 14 other black men by his colleagues since 1995, Fangman said: "If we give one inch to these terrorists in the form of negotiations, then we've got no one to blame but ourselves when we turn into another Detroit or Washington DC." Now, he could have said that negotiating with the "rioters" would turn Cincinnati into another Boulder, Colorado, or Carbondale, Illinois, or East Lansing, Michigan, or Eugene, Oregon, or State College, Pennsylvania, Or Storrs, Connecticut, or Pullman, Washington or Tucson, Arizona -- all sites of major riots by drunken white college students in recent years. But he didn't. He picked Detroit and DC -- two places that haven't had any riots lately, but which both have a lot of black people. And that, after all, was his point. Now frankly, for any representative of the official Police Corruption and Brutality Protection Union (commonly known as the FOP) to refer to those who rebel against cop violence as terrorists, is, well, precious. I think the old saying "takes one to know one" probably applies here, Oddly enough the only "terrorists" in evidence in Fangman's town are the Klansmen he and his pals protect every Christmas season when they erect their lit cross in Fountain Square. The rights of a 135-year old paramilitary hate group apparently count for more to Cincinnati authorities than the lives of young black men. To hear police representatives tell it, blacks in Cincinnati still have no rights that a member of the FOP is bound to respect. In seeking to justify the deaths of the 15 black males, Cincinnati Police Sergeant Harry Roberts noted that those killed were all "criminals who resisted arrest," leading one to wonder just what is the allowable punishment for "resisting arrest" in Ohio nowadays? I mean damn, I knew the death penalty was still popular with most folks, but execution for running away from a cop? 1 And as for the "criminals" whose lives have been snuffed by the Cincinnati police, they include not only Tim Thomas -- whose rap sheet was filled with traffic offenses like not wearing a seatbelt (the savage!) -- but also Roger Owensby Jr, who had no criminal record, but whose "attitude" convinced police to arrest him for "disorderly conduct" and apply a deadly chokehold in the process. And then there was Lorenzo Collins, a mentally handicapped and emotionally disturbed young man whose shooting was explained as necessary since he was wielding a solitary brick and threatening to throw it at police -- 15 of them who surrounded him before dropping him in a hail of bullets. Sounds like a fair fight. Or Michael Carpenter, who was shot in the back of the head during a traffic stop. Or Courtney Mathis, a "menace to Society" all of 12 years old, who borrowed a relative's car and who was shot to death for trying to flee after being pulled over. Apparently the Cincinnati police have a hard time distinguishing between children and hardened criminals. Following the funeral for Thomas on Saturday, cops opened fire with rubber bullets and beanbag ammunition, shooting a seven-year-old black girl during a demonstration and march. But hey, as the FOP's official slogan boasts, they're just "building on a proud tradition." A tradition that reaches all the way back to 1915, to a time when many a proud member of this proud organization proudly and rather openly engaged in the murder of African Americans by joining in anti-black riots and lynchings. In the first forty years of the twentieth century, about half of all blacks who were killed, were killed by law enforcement, including, one can be sure, many a dues-paying member of the FOP'S Aryan brotherhood in blue. In recent years the Cincinnati police in particular have been building on a proud tradition of racism that has finally resulted in a lawsuit filed by the ACLU and a local coalition of African-American leaders. Among the dozens of racist actions prompting the suit, perhaps the most egregious involves a pregnant mother of two and her husband who were detained and handcuffed at gunpoint in front of their children, even as the officers involved explained to them that they were looking for two adult males driving a similar kind of car. But rather than focus their attention on weeding out those officers who engage in racist and brutal practices, the FOP prefers to concentrate on such important tasks as boycotting movies whose stars are supportive of Mumia Abu-Jamal. Seeing Mumia killed and picketing Rage Against the Machine concerts have been among the group's top priorities in recent years. And even though the FOP rejected racial profiling at their September 2000 National Board Meeting, they insisted on the legitimacy of "criminal profiling," the definition of which apparently still includes race as a factor of suspicion. And of course there are those who think this is just fine. On many a chatroom bulletin board one can find any number of angry whites, defending the actions of the police and chastising the black community in Cincinnati in only the most thinly concealed racist terms. "Most cop killers are black," comes the cry from some -- an argument that is both historically false and irrelevant. Even if true, who but the most racist, unfeeling soul could use such a "fact" to justify killing someone whose skin color happened to match that of the offending group? In fact, by this logic of "rational" discrimination or rational murder, blacks would have far greater reason to kill white police officers than these officers would have to kill black people. After all, most of the cops who have killed blacks have been white. But somehow I doubt that those who think statistical models should be used to justify unequal treatment would appreciate the use of the one to which I'm alluding here. "Police put their lives on the line every day," say others, "and we shouldn't second-guess them when they have to use deadly force." But police are actually half as likely to die on the job as farmers, fishermen, truckers, construction workers or miners. And a lot less likely to die from being police officers than black folks are, just from being black. Whether from police violence itself, or inadequate health care services, the excess mortality rate for African Americans is far higher than that of police, yet rarely is there much sympathy for how often black people "put their lives on the line every day" just trying to survive in this country. "Notice that we whites don't go riot every time something bad happens to us," comes the mantra from still others, followed by the predictable, "and look at what animals those blacks are -- they burn down their own neighborhood!" True enough, whites don't riot over things like police brutality, mostly because we aren't often the victims of it; but also because we are too busy rioting over other things -- like the outcomes of sporting events or crackdowns on underage drinking. Yep, at over twenty college campuses since 1995, white students have taken to the streets in their own neighborhoods and gone absolutely ape-shit: burning furniture and cars in giant bonfires, hurling bottles and rocks at police, and smashing glass in business windows. Fifteen hundred people at Colorado University, 1500 at Penn State, 500 at the University of New Hampshire, 300 at the University of Oregon and over 10,000 at Michigan State in 1999. And yet, when whites riot (and don't even get me started on Woodstock '99 again), not only do we not call them "terrorists," cops rarely if ever shoot them with rubber bullets or spray them at point-blank range with mace. Although many arrests were made and harsh sentences handed out in the wake of the Michigan State riot two years ago, coverage was still largely sympathetic, with media asking "what made good kids do bad things?" and focusing on the otherwise "straight arrows" who got caught up in the moment. Hell, in that particular riot, white students were caught actually trying to pry a loaded shotgun from a police car (before trying to push the vehicle into the fire) -- an act that surely would result in death number sixteen were a black Cincinnatian to try it, but which, in East Lansing, only prompted a brief volley of tear gas, in order to disperse the crowd. And most telling of all, in the wake of the two most serious white college riots -- Colorado and Michigan State -- police and residents in the riot zone actually reached out to students in an attempt to "understand their frustrations" more fully. According to Boulder officials, the riots led to a greater attempt by police to improve their relations with students; and in East Lansing, local residents launched a campaign to "adopt" entire dorm floors, invite students to backyard barbecues and let the kids know "that we appreciate them in the community," according to one neighbor. I will swallow my keyboard if anything like that happens in Cincinnati. After all, in Cincinnati there's plenty of room for Klan crosses in public parks, racist baseball team owners like Marge Schott, and blowbards like Keith Fangman and the FOP, but no room apparently for civilian review of the police, accountability for cop violence, or a real challenge to institutional racism at the highest levels. It will be up to the folks in the streets to change that. Tim Wise is a Nashville-based writer, lecturer and antiracism activist. He can be reached at tjwise@mindspring.com. A version of this article originally appeared in Z Magazine. Calling Charlie "2 votes" ] 04,26,'101 ~ Marian Karr [P18 From: Carol DeProsse [cdeprosse@earthlink. net] Sent: Friday, January 01, 1904 8:07 PM To: JCNEWS@yosemite.leepfrog.com Cc: jpwhite@co.johnson.ia.us; cthompso@co.johnson.ia.us; mlehman@co.johnson.ia.us; sstutsma@co.johnson.ia.us; pharney@co.johnson.ia.us; tneuzil@co.johnson.ia.us; tlneuzil@msn.com; carolt@inav.net; TLNEUZIL@AOL.COM; Connie_Champion@iowa-city.org; Ernie_Lehman@iowa-city.org; Ross_Wilburn@iowa-city.org; Dee_Vanderhoef@iowa-city.org; ipfab@avalon.net; Steve_Atkins@iowa-city.org; Jim Fausett; Harry Herwig; John Weihe; Diana Lundell; Dave Jacoby; Jean Schnake; mary_mascher@legis.state.ia.us; vicki_lensing@legis.state.ia.us; ioe_bolkcom@legis.state.ia.us; barry_brauns@legis.state.ia.us; ro_foege@legis.state.ia.us; richard_myers@legis.state.ia.us; dchard_drake@legis.state.ia.us Subject: JCNEWS: Calling Charlie "2 votes" Charlie, I understand you called into KCJJ this morning--"This is two votes" (the station's name for you which references your loss to Steven Kanner by two votes)--with the news that the Iowa City Human Rights Commission would not be undertaking a discussion about the programming of KCJJ, which purports to attack political correctness by making bigoted, sexist, and racist remarks (among other categories.) Apparently the Commission decided that since KCJJ was not in the city limits they do not have jurisdiction. The fact that their airwaves come into Iowa City and that many of the people they attack live in Iowa City is apparently irrelevant to the Commission if this report is correct. Is this report correct? If it is, were you asked by the Commission to call KCJJ with such 'news'? Has the Commission issued a press release to other media regarding this apparent decision of the Commission or did you call only KCJJ with the news? I understand you are a frequent called to the station? Is that true? If you called them about the Commission's decision, what was your reasoning for doing so? Thank you. 4/25/01 Marjan Karr From: Carol DeProsse [cdeprosse@earthlink.net] Sent: Friday, January 01, 1904 9:26 PM To: JCNEWS@yosemite.leepfrog.com Cc: jpwhite@co.johnsonia.us; cthompso@co.johnson.ia.us; mlehman@co.johnsonia.us; sstutsma@co.johnsonia.us; pharney@co.johnsonia.us; tneuzil@co.johnsonia.us; tjneuzil@msn.com; carolt@inav.net; TJNEUZIL@AOL.COM; Connie_Champion@iowa- city.org; Ernie_Lehman@iowa-city.org; Ross_Wilburn@iowa-city.org; Dee_Vanderhoef@jowa-city.org; ipfab@avalon.net; Steve_Atkins@iowa-city.org Subject: JCNEWS: Article on Hate Speech Hate Speech The speech that kills Ursula Owen By the time the New York radio station WABC fired its most popular talk show host, Bob Grant, he had spent a good 25 years vilifying Blacks, Hispanics and other minorities with impunity. He described the former mayor of New York, David Dinkins, as 'a men's room attendant', called African-American churchgoers in Harlem 'screaming savages', and advocated 'drowning Haitian refugees'. He was finally sacked because on the day the plane carrying Clinton's Commerce Secretary, Ron Brown, crashed, Grant speculated that Brown (who was black) might be the only survivor, 'because I'm a pessimist'