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HomeMy WebLinkAbout2001-06-12 Info Packet of 6/7 CITY COUNCIL INFORMATION PACKET cs~ or I JUNE 11 WORK SESSION ITEMS I IP1 Memorandum from Planning and Community Development Assistant Director: Traffic Calming Program IP2 Memorandum from Police Citizens Review Board: Ordinance Change Recommendations IP3 Memorandum from Mayor: Police Citizens Review Board IP4 Memorandum from City Clerk: Council Comments Received regarding PCRB Ordinance IP5 Memorandum from City Attorney: Smoking in Restaurants I M scE,,A. Eous I IP6 Letter from William McNarney to Mayor (HUD): HUD Investment Sheets IP7 Letter from Senator Bolkcom to Mayor (HUD): Iowa City Workforce Development Center Office IP8 Letter from City Manager to Roxanne Ehrdahl (Gazette Communications): Cancellation of Insights IP9 Memorandum from City Manager: Analysis and Staff Recommendation for Enterprise Zones IP10 Memorandum from Community Development Coordinator to City Manager: Summary of the Iowa Enterprise Zone Law IPll Memorandum from City Manager: South Central District Economic Development Policy IP12 Memorandum from City Manager: Pending Development Issues IP'13 Memorandum from City Manager: Senior Center Skywalk Update IP14 Memorandum from City Manager: Petition for Bus Service IPI5 Memorandum from City Clerk: May 14 Council Work Session IP16 Memorandum from City Clerk: Upcoming Council Election IP17 Memorandum from Planning and Community Development Assistant Director: Intersection of Jefferson Street and Dubuque Street iP18 Letter from John Watson (Goodwill Industries) to John Sobaski: Appreciation June 7, 2001 Information Packet (continued) 2 IP19 Memorandum from Dianna Furman: Utility Discount Program Statistics - Fiscal Year '99 Total, FY00 and 01 Monthly IP20 Building Permit Information - May 2001 IP21 Rededication of the Johnson County Courthouse [Arkins] IP22 Iowa City Police Department Use of Force Report - April 2001 IP23 Invitation: June 13 Greater Iowa City Housing Fellowship Rental Housing Tour IP24 Article: The Management Factor (Governing) [Atkins] IP25 Minutes: April 26 Regional Workforce Investment Board [Vanderhoet] IP26 Minutes: April 26 East Central Iowa Council of Governments [Vanderhoef] IP27 Email from Carol DeProsse to JCNEWS: Iowa Child [2] IP28 Email from Carol DeProsse to JCNEWS: Drugs [2] Memorandum from City Clerk: Starting time for June 11 Work Session (Previously distributed) United Way of Johnson County: Open House (Previously distributed) Memorandum from City Clerk: PCRB ordinance changes (Previously distributed) For a copy of revised and updated ordinance see City Clerk's memo in this packet. Memorandum from Airport Manager: Building K City of Iowa City MEMORANDUM DATE: May 29, 2001 TO: City Council FROM: Jeff Davidson, Asst. Director, Dept. of Planning & Community Development RE: June 11 work session discussion of the neighborhood traffic calming program You have scheduled discussion of the City's neighborhood traffic calming program for your June 11 work session. You have heard me state many times that you have free reign to modify this program any way you like. You recently decided to raise the required approval rate from the neighborhood survey from 50% to 60%. I have attached a copy of our neighborhood traffic calming brochure that is distributed to neighborhoods when we receive an inquiry about traffic calming. I will be present at the June 11 meeting to answer any questions. Attachment cc: City Manager Director of Planning and Community Development Director of Public Works City Engineer Neighborhood Services Coordinator JCCOG Traffic Engineering Planner jw/menVjd-traffcalrn.doc Traffic Calmin6 ~ ~ ~ Includes: ~ ~o ~ Education ~ ~hysic~l ch~n~es ~ ~ a.g~,t 2000 Iowa City Planning Department Traffic Engineering Planning,' 356-3254 Neighborhood Services.' 356-5237 410 East Washington Street Iowa City, IA 52240-1826 ~ (319) 356-5009 FAX CITY OF I0 WA CITY In 1996 the Iowa City City Council adopted a traffic calming program to help neighborhoods manage jccogtp/~ge/~lrcmg~65/iw rising traffic volumes and speeds Tfcd i ic Cctlming a roadway to force cars ,o s,ow down, or ,o deter unnecessa~ traffic. These physical changes can be Traffic calming is the practice of t~ing to manage as simple as on-street parking and planting trees spuds and/or volumes of traffic on residential streets between the sidewalk and curb, to constructing using one or more approaches: increased police of the alternatives are shown on the drawing below. enfor~ment, edu~tion, or physical changes to the Other alternatives are available and each application roadway. Eachoftheseapproacheshasitsappropriate is custom designed to meet each neighborhood's ~,Toinitiateatra~cstudyofthestreetproposedfortra~c application, and combined they can help reduce individual needs. ~lming, a focal request is required ~m the neighborcod unwanted cut-through traffic or reduce speeds on associationthatincludesthestreetproposed neighborhood str~. ~ ~ - ' fortraffic~lming,orapeti~onfrom residents · ~ along the street pro~sed for traffic calming. ~fCe~ . ~. The street ~nsidered for traffic calming Increased police enforcement is ~ measures should be a local street or a effective at targeting high speeds ~fiector street. during specific times. However, the police depa~ment does not have ~. Traffic volumes on a local street should sufficient resources to provide exceed 500 vehicles per day and on a continuous enforcement over a ~lledorstreet 1,000 vehicles per day. Traffic sustained period in all volume on any street proposed for traffic neighborhoods. Therefore, while x ~lmingshouldnotex~ed3,000vehicles~r speeds are rapidly reduced with an day. officer present, they also return to ~. The measured tomfoible speed of their previous level when the ~rgeted enfor~ment moves to other areas. ddvem (85th ~rcenffie s~d) should exceed The poli~ depadment does select 5 m.p.h. over the posted speed limit. specific streets to enforce each ~. ~aff will meet with the neighbors and month. dete~ine ~ich traffic ~lming measures are reasonable for evaluation. ~ff will ~nduct the potential traffic problems, roadway Edu~tion is the process of making g~me~, and the impad on adjacent streets drivers aware of their speeds in ~ relation to the neighbo~oods they ,, {tra~c divetalon) from the proposed tra~c are traveling in. Several programs parking ~lming measures. ,. are being used to noti~ drivers of ~.The Poli~ Depa~ment, Fire De~ment, their responsibility to obey traffic ~ , ~ ambulance service, Public Works laws. One example is the "Share the Depa~ment and Transit Depa~ment will be Road" sign to identify that both bicycles and asked to ~mment on the proposed street modification. automobiles have rights and responsibilities while ~ y ~. If the tra~c study shows that tra~c calming measures using the roadway. Another program that includes ~ ~ I ~ 1 ? signs as well as ~ commercials is the "Check Your Following is a copy of the Ci~s adopted traffic calming ~n ~ implement~ safely, a mail-back su~ey of all affected Speed" program to ale~ drivers to watch their speeds policy. The most impo~ant ~ing is ~atthemsidents residential dwelling units will then be ~nducted bythe Ci~. in residential areas. of the neighborhood need to be involved in the A proposal for tra~c ~lming must be sup~ed by 60% of the r~iden~al ~elling uni~ res~nding to the ques~onnaire ~ process. in order to be considered for implementation. SlC~I Ch~ges c,,y staff would be happy to meet with your 8. No minimum number of res~nses to the mail-back TO help control excessive speeds or unwanted cut- neighborhood to explain in more devil some of the su~ey is required, but a low response rate will be taken through traffic, physi~l modifi~tions can be made to issues associated with franc ~lming. into ~nsideration by the Ci~ ~unci[. MEMORANDUM POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City TO: City Council FROM: Police Citizens Review Board RE: Ordinance Change Recommendations DATE: May 22, 2001 In an effort to facilitate the Council's examination of the PCRB, the Board wishes to delineate its concerns and suggestions for changes to the City Ordinance that created and governs the Board. Some of the changes are procedural and are suggested in an effort to better facilitate the Board's current practice with the ordinance. Other suggestions are intended to enhance the Board's ability to examine the complaints brought before it by citizens of Iowa City. The Board wishes to clarify at the outset that these suggestions are in no way intended to create any policy setting ability or to establish any discipline authority over the Iowa City Police Department. These recommended changes were unanimously approved y the Board at its May 16 meeting. 1. Administrative Revisions a. Several parts of the ordinance refer to "all complaints" and "complaints" generally and do not differentiate between formal complaints filed with the PCRB and complaints filed directly with the Iowa City Police Department. The Board supports the existence of the two tracks as options for citizens to address complaints. The ordinance needs to clarify, however, that the PCRB will only monitor the outcome of formal complaints lodged with the ICPD and will not be involved in the process, examine the investigation or offer any finding regarding the results of the internal investigation, Currently the Board receives a quarterly report from the Department stating very briefly the nature of the complaint and whether it was sustained. The Board includes these complaints in the statistics it compiles for its annual report to the Council. b. Suggested Revisions: 8-8-2 (C)(1) Oversee a monitoring system for tracking receipt of all complaints lodged against sworn police officers, either with the PCRB or with the ICPD. 8-8-2(C)(2) Provide oversight of police investigations of PCRB complaints through review of such investigations. 8-8-2(C)(3) Provide the opportunity for a hearing to the police officer if the Board's findings on the PCRB complaint are critical of the police officer. 8-8-2(C)(4) Issue a final public report on each PCRB complaint to the City Council ... 8~8-2(K) Investigation of all PCRB fcrmc! complaints is mandatory duty ... 8-8-2(L) In order to assure external accountability of the actions of the Police Department, the results of investigations of all formal complaints filed directly with the Police Del~artment invostigationc shall be reviewed by the Board and reported to the City Council in the Board's annual report to the Council. 8-8-2 (new sub-paragraph) Citizens have the option of filing formal written complaints either with the Police Department directly or with the Board. Although the Board will review the final results of formal complaints filed with the Police Department, the Board will not intervene in process. On a quarterly basis the Chief will provide a report to the Board briefly describing the issues involved in any complaints made directly with the Department, the date and time of the alleged misconduct and how the complaint was resolved. 8-8-2(N) The Board shall have ovorsight authority to review police practices, procedures, and written policies as those practices and procedures relate to the Police Department's performance as a whole. The Board shall report same to the City Council including any rocommcndod changes their recommendations, if any, to the Chief and the City Council. 2 2. Review Process: The "reasonable basis' standard set forth in B-8-7(B)(2) provides a limited opportunity for the Board to review investigations of police misconduct and very limited ability for the Board to comment about issues raised in complaints. At times the findings of the Chief have been a close call in the opinion of the Board, but the standard of review requires the Board to sustain the findings. The standard allows disagreement by the Board only if the conclusions of the Chief are: 1. Unsupported by substantial evidence (8-8-7(B)(2)(a)); 2. Unreasonable, arbitrary or capricious (B-8-7(B)(2)(b)); or 3. Contrary to policy, practice or law (8-8-7(B)(2)(c)). Many of the complaints have raised concerns with the Board and the Board believes the community would benefit if the Board had a broader opportunity to raise those issues and discuss them in their reports. The Board is not requesting that the deferential standard be abandoned. The Board recognizes the expertise of the Chief and the City Manager. The Board suggests that the review standard be made more simple and clear to allow the Board to agree or disagree with the Chief's findings and separately to agree or disagree with comments made by the Chief with regard to the findings. This would provide the Board with some latitude to comment on their observations or concerns. Complaints are rarely clear cut. An officer's behavior often may not rise to the level of misconduct, but other aspects of the situation may merit comment. Thank you for the opportunity to provide input regarding these matters. cc: City Attorney City of Iowa City I I_ MEMORANDUM DATE: June 6, 2001 TO: City Council FROM: Mayor RE: Police Citizens Review Board Just a few thoughts regarding the PCRB for our next Council work session. I believe there exists a function for the PCRB, and that as a City board/commission it should be continued. However, I do suggest a few changes. First, the work of the PCRB should be to review complaints which are directed to them. This review would be much the same as it is now. However, whenever a complaint is sustained, the PCRB should study the procedures which led to their recommendation that a complaint be sustained. Recommendations can then be made to the Chief of Police, City Manager, and/or the City Council. Secondly, forums, if needed, should be held at the direction of the City Council, Police Chief, and/or City Manager and not the PCRB. The PCRB should be available to make recommendations and provide advice to the City Council, Chief of Police, and City Manager when requested by any of these parties. Any activity of the PCRB outside of reviewing complaints should be at the direction of the City Council. Finally, the number of complaints that are being processed by the PCRB has dropped dramatically, and I question whether there is the need for a 20-hour permanent staff person. The commitment to personnel and office needs is an expensive component of the PCRB process. With an apparent diminishment of their volume of work, and limiting their responsibilities to complaint review, I believe we can reduce or eliminate PCRB administrative staff. Currently the PCRB Administrative Asst. is supervised by the City Clerk and the Clerk's office receives complaints and directs them to the PCRB for review. With revised PCRB responsibilities I believe the City Clerk's office could provide PCRB staffing needs. Independent legal counsel would still be required, and I am not recommending a change in that although I believe additional savings would be anticipated in that line item as well with revised Board Responsibilities. council/PCRB~hanges.doc City of Iowa City MEMORANDUM DATE: June 7, 2001 TO: Mayor and City Council Members FROM: Madan K. Karr, City Clerk ~Mv- RE: Council Comments received regarding PCRB Ordinance At the May 14th work session Council agreed to forward a list of general concerns on the Police Citizens Review Board ordinance to the City Clerk for compiling and distribution. On June 1 a copy of the ordinance was mailed to Council Members and comments were solicited. In compiling the information I discovered that the ordinance provided did not include 1999 revisions to that ordinance. I regret the error and did speak with Council Members providing input personally to verify that would not change their comments. Attached is the current ordinance and con'kments received specific to sections of the ordinance. Council Members Vanderhoef and Wilbum comments identified specific sections and their remarks are indicated following that section. As Council Member Kanner did not identify specific sections but rather listed concerns I attached the full text of his comments. Attachment: Chapter 8, City Code 8-8-1: CREATION OF A POLICE CITIZENS REVIEW BOARD: As permitted under Iowa's home rule authority, the City hereby creates a Police Citizens Review Board, to be hereafter referred to as the "Board", subject to the duties and limited powers set forth herein. (Ord. 97-3792, 7-15-1997) 8-8-2: INTENT, GOALS AND GUIDING PRINCIPLES: A. Investigations into claims of inappropriate conduct by sworn police officers will be conducted in a manner which is fair, thorough, and accurate. B. An annual reporting system regarding complaints against sworn police officers will be established to give the City Council sufficient information to assess the overall performance of the Iowa City Police Department in these matters. I Vanderhoef: Delete, see item M under this subsection. I C. The Board will: 1. Oversee a monitoring system for tracking receipt of complaints lodged against sworn police officers; Vanderhoef: Delete "receipt of" and insert "PCRB" and insert "Iowa City" before I "police officers." 2. Provide oversight of police investigations through review of such investigations; (Ord. 97-3792, 7-15-1997) ] Vanderhoef: Delete. I 3. Provide the opportunity for a hearing to the police officer if the Board's findings on the complaint are critical of the police officer, as required by constitutional law, and give the police officer the oppodunity to present testimony and evidence; (Ord. 3865, 12-15-1998) 4. Issue a final public report on each complaint to the City Council which sets forth factual findings and a written conclusion which explains why and the extent to which the complaint is either "sustained" or "not sustained". I Vanderhoef: Insert "PCRB" before "complaint" in first line. I D. The Board shall have no authority over police disciplinary matters because only the Police Chief or City Manager may impose discipline under Iowa law. E. No findings in the Board's report shall be used in any other legal proceeding. F. The Board shall only review the conduct of sworn police officers and shall only act in a civil, not criminal, capacity. The Board is not intended to be a court of law, a tort claim process or other litigation process. No action of the Board shall be deemed to diminish or limit the right of any person to file a claim or a lawsuit against the City. G. A complaint may be filed by any person with personal knowledge of an incident. "Personal knowledge" means the complainant was directly involved in the incident or witnessed the incident. If the person with personal knowledge is underage or otherwise unable to complete a complaint form, the complaint may be filed by such person's designated representative. The City cieddordcomments,doc Manager, the Police Chief, the City Council, or the Board may file a complaint based upon a reasonable belief that police misconduct has occurred regardless of personal knowledge. H. In order to assure that people feel confident in the complaint process, nonpolice City staff shall be available at a public location other than the Police Department to receive complaints, although complaints may also be filed at the Police Department. Formal mediation shall be available to the complainant(s) and the police officer(s) at any time during the process. Vanderhoef: This doesn't say we have to have any office outside of City Hall. I. The Board shall not interfere with or diminish the legal rights of sworn police officers, including those rights protected under the union contract, Civil Service Commission, and State and Federal law. Similarly, the Board shall respect the rights of privacy and freedom from defamation shared by complainants and witnesses, as well as those same rights enjoyed by police officers under the law. J. The City Council finds that internal accountability within the Police Department is a valid legislative purpose, and one method of accomplishing such internal accountability is to have the police do their own investigations into claims of inappropriate police conduct. If a complaint is asserted against the Police Chief, the City Manager will investigate the claim and report to the Board and the City Council. K. Investigation of all formal complaints is a mandatory duty of the Police Chief, and a report of each complaint investigation shall be given to the Board. Such reports to the Board shall include the factual findings of the Police Chief as well as a written conclusion explaining why and the extent to which a complaint is either "sustained" or "not sustained". However, such reports shall not include discipline or other personnel matters. If the Police Chief and the City Manager find the police officer's actions constitute misconduct and discipline is imposed by the Police Chief or City Manager, the internal affairs investigation may become a public record to be released by the City Attorney to the extent provided by law. Vanderhoef: Insert "PCRB" before "complaints" in first line. L In order to assure external accountability of the actions of the Police Department, all formal complaint investigations shall be reviewed by the Board and reported to the City Council. Vanderhoef: Insert "PCRB" before "complaint." M. External accountability will further be provided by the Board's maintenance of a central registry of all formal complaints. In addition to the central registry, the Board shall provide an annual report to the City Council, which report shall be public and shall set forth the general types and numbers of complaints, how they were resolved, demographic information, and recommendations as to how the Police Department may improve its community relations or be more responsive to community needs. lVanderhoef: Place a period behind "demographic information" and delete remainder of l paragraph. N. The Board shall have oversight authority to review police practices, procedures, and written policies as those practices and procedures relate to the Police Department's performance as a whole, and shall report same to the City Council, including any recommended changes. (Ord. 97-3792, 7-15-1997). Vanderhoef: Delete. 8-8-3: DEFINITION OF COMPLAINT; COMPLAINT PROCESS IN GENERAL: A. A "complaint" is an allegation of misconduct lodged against a sworn police officer ("police officer" or "officer") employed by the Iowa City Police Department, where the complained-of activity occurred while the officer was acting in the capacity of a sworn police officer. B. Any person with personal knowledge of the alleged police misconduct may file a complaint with the Board or with the Iowa City Police Department. In order to have "personal knowledge", the complainant must have been directly involved in the incident or witnessed the incident. If the person with personal knowledge is underage or otherwise unable to complete a complaint form, the complaint may be filed by such person's designated representative. The City Manager, the Police Chief, the City Council or the Board itself may file a complaint based on a reasonable belief that police misconduct has occurred regardless of personal knowledge. The person or official filing the complaint may hereafter be referred to as the "complainant". C. All complaints filed with the Board or the Iowa City Police Department shall be in writing and on forms provided by the Board. Complaint forms shall be available to the public in easily accessible locations, and nonpolice staff shall be available to receive the complaint forms. Assistance may be available to complete the form as designated by the Board. (Ord. 97-3792, 7-15-1997) Vanderhoef: Delete "or the Iowa City Police Department" from the first sentence. I D. All complaints must be filed with either the Board or the Iowa City Police Department within ninety (90) days of the alleged misconduct. Vanderhoef: Delete "or the Iowa City Police Department. I E. Only those complaints which do not involve the conduct of an Iowa City sworn police officer or are not filed within ninety (90) days of the alleged misconduct may be subject to summary dismissal by the Board. (Ord. 99-3877, 4-20-1999). 8-8-4: FORMAL MEDIATION: A. Formal mediation shall be the responsibility of the Board, and shall be available to the complainant(s) and police officer(s) at any stage of the process upon consent of all involved parties and as provided by the Board. Upon the filing of a complaint, all complainants shall be informed that formal mediation is available. A complainant may also meet informally with the police officer and the watch commander of the police officer if the complainant wishes to do so. B. If a complaint is successfully mediated, the terms of the mediation agreement shall be set forth in writing, and shall be kept confidential to the extent allowed by law; but the status of settlement shall be maintained in the Board's central registry for reporting in the Board's annual report. There shall be no retaliation against police officers who choose not to mediate. (Ord. 97- 3792, 7-15-1997). 8-8-5: POLICE DEPARTMENT AND POLICE CHIEF INVESTIGATORY DUTIES; CITY MANAGER INVESTIGATORY DUTIES: A. Complaints: The Police Department shall forward copies of all complaints received to the Board. If the complaint concerns the Police Chief, a copy of the complaint shall also be forwarded to the City Manager. B. Investigation: It shall be the mandatory duty of the Police Chief to do the following: 1. Prior to investigation of any complaint, the Police Chief shall first give Garrity and Gardner advice to all police Officers implicated in the complaint, as required by constitutional law. This means the officer cannot be required to waive the officer's constitutional right against self-incrimination. However, the officer may be required to answer questions during the investigation as a condition of the officer's employment, but any admissions made by the officer cannot be used against the officer in a criminal proceeding. 2. Notify the complainant and the police officer who is the subject of the complaint that formal mediation is available at any time during the Police Department's investigation and the Board's review. The Police Chief may also notify the complainant that the complainant may meet informally with the police officer and the watch commander of the police officer if the complainant wishes to do so. 3. Assign the complaint to designated investigators within the Police Department for investigation into the factual allegations of the complaint. 4. The complainant shall be interviewed by the Police Department and shall be entitled to have a neutral City staff person or some other person chosen by the complainant present during the interview. The police officer is entitled to have a union steward present during any interviews. 5. Investigators will prepare and forward a report of their investigation to the Police Chief, and shall make detailed findings of fact as to the allegations in the complaint, and shall also set forth a written conclusion which explains why and the extent to which the complaint is either "sustained" or "not sustained". C. Legal Advice: If litigation, including criminal charges, relating to the matter of the complaint is commenced or is being contemplated by or against any party to the complaint, the Police Department, the Police Chief and/or the Board shall consult with the City Attorney and/or the Board's own attorney on a case-by-case basis, to determine whether and how the investigation of the complaint should proceed. D. Complaints Against Police Chief: If a complaint is filed concerning the Police ChieFs conduct, the City Manager shall investigate or cause an investigation to be completed. E. Disciplinary Action: Nothing in this Chapter shall prevent the Police Chief or the City Manager from taking disciplinary action prior to the Board's review of the complaint. lord. 97- 3792, 7-15-1997) 8-8-6: POLICE CHIEF'S REPORT TO THE BOARD; CITY MANAGER'S REPORT TO THE BOARD: A. The Police Chief shall receive the designated investigators' report within the time frame indicated by the Police Chief. The Police Chief shall conduct a review of the investigators' report, and may do any or all of the following: conduct interviews or request the police investigators to conduct additional investigations; request additional information, or that additional questions be asked; interview or direct that other persons or witnesses be interviewed; request that other documents be reviewed and/or retrieved; and any other investigative matters the Police Chief deems appropriate. B. The Police Chief will consult with the City Personnel Administrator and the City Attorney prior to finalizing the Police ChieFs report to the Board, and shall then forward this report to the Board, which shall include the following: 1. Detailed written findings of fact concerning the allegations in the complaint; 2. A written conclusion which explains why and the extent to which the complaint is either "sustained" or "not sustained"; and 3. Recommended remedial actions, if any, including amending current policies or adopting new policies. C. The Police Chief's report to the Board shall not include discipline or personnel matters. D. A copy of the Police Chief's report to the Board sha'll be given to the police officer, the complainant, and the City Manager. If the complaint concerns the Police Chief, copies of the City Manager's report to the Board shall be given to the Police Chief, the complainant, and the City Council. (Ord. 97-3792, 7-15-1997) E. The Police Chief's report to the Board shall be completed within ninety (90) calendar days after complaint is filed. The Board may grant extensions from this deadline for good cause shown. (Ord. 99-3877, 4-20-1999) F All investigations shall be performed in a manner designed to produce a minimum of inconvenience and embarrassment to all parties-including the complainant, the police officer, and other witnesses. G. If a complaint is filed concerning the Police Chief, the City Manager's report shall include the same findings of fact and conclusions as required for the Police Chief's report to the Board. (Ord. 97-3792, 7-15-1997) 8-8-7: DUTIES OF THE BOARD; COMPLAINT REVIEW AND GENERAL DUTIES: A. Complaints: The Board shall forward copies of all complaints received to the Police Chief for investigation; or where the complaint concerns the Police Chief, forward a copy of the complaint to the City Manager for investigation. B. Review Of Police Chief's Report Or City Manager's Report: 1. The Board shall review all Police Chief's reports and City Manager's reports concerning complaints. The Board shall decide, on a simple majority vote, the level of review to give each Police Chief's or City Manager's report, and the Board may select any or all of the following levels of review: a. On the record with no additional investigation; b. Interview/meet with complainant; c. Interview/meet with named officer(s) and other officers; d. Request additional investigation by the Police Chief or City Manager, or request police assistance in the Board's own investigation; e. Performance by Board of its own additional investigation; f. Hire independent investigators. 2. The Board shall apply a "reasonable basis" standard of review when reviewing the Police Chief's or City Manager's report. This requires the Board to give deference to the Police ChieFs or City Manager's report because of the Police Chief's and City Manager's respective professional expertise. The Board may recommend that the Police Chief or City Manager reverse or modify their findings only if: a. The findings are unsupported by substantial evidence; b. The findings are unreasonable, arbitrary or capricious; or c. The findings are contrary to a Police Department policy or practice, or any Federal, State, or local law. Vanderhoef: Delete. Don't need another attorney fee, in house review. Wilburn: Requests CA clarification of items a-c, acknowledging PCRB feels constraint in their ability to recommend reverse or modify Police Chief report. When collecting and reviewing additional evidence, the Board shall rely on evidence which reasonably prudent persons are accustomed to rely upon in the conduct of their serious affairs. (Ord. 98-3865, 12-15-1998) 3. At the conclusion of the Board's review, the Board shall issue a public report to the City Council concerning the complaint investigation. Such public report shall include detailed findings of fact concerning the complaint, together with a clearly articulated conclusion which explains why and the extent to which the complaint is "sustained" or "not sustained". If the complaint is "not sustained", the public report shall not include the names of the complainant(s) or the police officer(s). If the complaint is "sustained" the Board may include the names of the complainant(s) and/or the police officer(s) if it determines that the public interest in such disclosure outweighs the public harm and privacy interests of the complainant(s) and/or police officer(s). Said determination shall be made in writing and shall state, in detail, the Board's reasons for such determination. The Board shall notify the person(s) whose name(s) it intends to disclose, the City Attorney and the Police Chief (or City Manager if the Police Chief is the subject of the complaint), of its intent to make such disclosure by confidential written communication sent by regular mail or hand delivery at least ten (10) working days prior to such disclosure. In addition, the Board's public repod shall not include any discipline or personnel matters, although the Board may comment generally as to whether the Board believes discipline is appropriate without commenting on the extent or form of the discipline. A copy of this public report to the City Council shall be given to the complainant(s), the police officer(s), the Police Chief and the City Manager. (Ord. 99-3891, 7-13-1999) Vanderhoef: Change wording to fourth, fifth and sixth sentences as bolded and underlined "If the complaint is "sustained" the Board may recommend the names of the complainant(s) and/or the police officer(s) be disclosed. Remove "if it determines that the public interest in such disclosure outweighs the public harm and privacy interests of the complainant(s) and/or police officer(s)." Said recommendation shall be made in writing and shall state, in detail, the Board's reasons for such recommendation. The GitV Gouncil shall determine and notify the person(s) whose name(s) it intends to disclose of its intent to make such disclosure by confidential written communication sent by regular mail or hand delivery at least ten (10) working days prior to such disclosure." Remove" , the City Attorney and the Police Chief (or City Manager if the Police Chief is the subject of the complaint)," 4. The Board shall not issue a report which is critical of the sworn police officer's conduct until after a "name-clearing hearing" has been held, consistent with constitutional due process law. The Board shall give notice of such hearing to the police officer so that the officer may testify before the Board and present additional relevant evidence. The Board shall be responsible for protection of all State and Federal rights enjoyed by the officer. The officer may waive the right to this hearing upon written waiver submitted to the Board. (Ord. 98-3865, 12-15-1998) I Vanderhoef: Delete, question need if change made in #3 above. I 5. If the Board's report is not critical of the officer's conduct, the Board is not required by law to offer a hearing to the officer, but the Board may hold hearings as deemed appropriate by the Board. (Ord. 97-3792, 7-15-1997) 6. The Board's report to the City Council shall be completed within forty five (45) calendar days of receipt of the Chiefs or City Manager's report. The City Council may grant requests for extensions to this deadline upon good cause shown. (Ord. 99-3877, 4-20-1999) 7. Nothing in this Chapter shall in any way impede or interfere with the Police Chiefs and the City Manager's lawful ability to perform their personnel supervisory duties over sworn police officers, including the ability to impose discipline as deemed appropriate by the Police Chief or City Manager. 8. No findings or report submitted to the Board or prepared by the Board shall be used in any other proceedings. C. General Powers And Duties: The Board shall also carry out the following duties: 1. Maintain a central registry of complaints. Vanderhoef: Insert "PCRB" before "complaints." I 2. Collect data and do an annual report to the City Council which shall be public and shall set fodh the general types and numbers of complaints, disposition of the complaints, the discipline which was imposed, if any, and demographic information. This annual report shall not include the names of the complainants or officers involved in complaints which were not sustained, and shall otherwise be in a form which protects the confidentiality of the parties while providing the public with information on the overall performance of the Police Department. The Board's annual report may also include recommended changes in police practices, policies or procedures. Vanderhoef: Delete "'which were not sustained" in the fifth line, and delete last sentence. I 3. In addition to the annual report, the Board shall, from time to time, report to the City Council on police practices, procedures and policies, including recommended changes, if appropriate. Vanderhoef: Delete. I 4. The Board shall adopt procedural rules and bylaws governing the Board"s activities, including the receipt and processing of complaints, and such procedural rules and bylaws shall be approved by the City Council. (Oral. 97-3792, 7-15-1997) 8-8-8: BOARD COMPOSITION; LIMITED POWERS OF THE BOARD: A. Board Composition: 1. The Board shall consist of five (5) members appointed by the City Council, who shall be Iowa City eligible electors and shall serve without compensation. The City Council shall strive to appoint members who represent the diversity of the community. Appointments to the Board shall include one current or former "peace officer'' as that term is defined by State law. The City Council reserves the right to waive the residency requirement for good cause shown. The City Council also reserves the right, for good cause shown, to waive the requirement that the Board include one current or former peace officer. Clerk/ordcomrnents.doc 7 IVanderhoef: Insert "of the peace office" after "waive the residency requirement", and delete last I sentence. 2. Following final adoption and publication of Ordinance 97-3792, the City Council shall appoint members to the Board for sta99ered terms. All appointments shall be for a four (4) year term. except for the initial appointments which shall be as follows: a. One person appointed for a two (2) year term. b. Two (2) persons appointed for three (3) year terms. c. Two (2) persons appointed for four (4) year terms. 3. Trainin9 shall be available to all Board members to enable them to perform the duties imposed herein, including training on Iowa's public records and open meetings laws. B. Limited Powers: The Board shall have the following limited powers: 1. On its own motion, by a simple majority vote of all members of the Board, the Board may file a complaint. 2. The Board shall decide the level of review to give the Police Chief's or City Manager's report by a simple majority vote of all members of the Board. 3. The Board has no power to review police officer personnel records or disciplinary matters except to the extent such matters are made public by the City Attorney. 4. The Board has only limited civil, administrative review powers, and has no power or authority over criminal matters. The Board is not a court of law, and is not intended to substitute as a tort claims procedure or as litigation against the City. 5. If criminal charges are brought or are being considered against a particular police officer(s), the Board's review or investigation may proceed with interviewing other officers or witnesses, or collecting documents, as appropriate. Any statements given by an officer who is subject to criminal investigation cannot later be used against the officer in a criminal proceeding, as provided under the Fifth Amendment to the U.S. Constitution, unless such constitutional right is waived. 6. The Board may obtain outside counsel and independent investigators in order to carry out the Board's duties. 7. The Board may hold general informational 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 informational hearings to the City Council, as the Board deems appropriate. (Ord. 97-3792, 7-15-1997) I Vanderhoef: Delete, we haven't had reports from the forums that I can remember. I 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 protected by the union contract, Iowa's Civil Service Commission laws and other applicable State and Federal laws. B. All common law rights enjoyed by complainants and police officers, such as privacy and freedom from defamation, shall be protected during the process set out in this Chapter, and it shall be the Board's duty to protect said rights. C. Notwithstanding the above provisions, no Board member shall be liable to any person for damages or equitable relief by reason of any investigation or recommendation or report made by either a Board member or by the Board itself. (Ord. 97-3792, 7-15-1997) 8-8-10: SUNSET CLAUSE: This Chapter shall be automatically repealed on August 1, 2001, unless reenacted by City Council. (Ord. 97-3792, 7-15-1997) Vanderhoef: Change sunset to August 1, 2002. Wilburn: Delete. 8-8-11: TIME COMPUTATION: In computing time under this Chapter, the first day shall be excluded and the last included, unless the last falls on a Sunday, in which case the time prescribed shall be extended so as to include the whole of the following Monday. However, when the last day for the filing of a complaint or the completion of a report falls on a Saturday or Sunday, or a day on which the office of the City Clerk is closed due to a City holiday, the time shall be extended to include the next day on which the office of the Clerk is open to receive the filing of a complaint or the report. (Ord. 99-3877, 4-20-1999) June 6, 2001 Marian, I'm sorry I didn't get this in to you yesterday. If it is still possible, please include my remarks/thoughts regarding the PCRB with the other council members'. 1) Keep PCRB as it is forthe most part. Especially emphasize: A) PCRB review Complaints of Misconduct; B) PCRB evaluate Overall Performance of the Police; C) PCRB make recommendations as to how the Police Dept. may improve its community relations or be more responsive to community needs; D) City Council, PCRB may f~e complaints. 2) Make sure PCRB is receiving full reports from Chief on compla'mts that Police Department has handled. 3) PCRB be assertive in going out into community (i.e. the Ped Mall; bars; other areas of possible concern; etc.) to discuss with citizens about Police/Citizen interactions and citizen feelings on Policing Community Standards. 4) Have PCRB regularly/annually (?) recommend/report to City Council on policy (Community Standards, etc.) and yearly budget in regards to Police Dept. 5) PCRB should be able to recommend to Police Chief level of discipline for police officer at fault in PCRB findings. 6) Review possible elimination of part_time staff(currently located in Sr. Ctr.) hired to field PCRB complaints. Could thisjob/responsibility be shifted fully to Clerk's office. (Question: Will ~ feel intimidated by going into Civic Ctr. and not having another "public location?) ,,. ,}~[~ki 7) Consider expanding length of time that complaints can be filed by citizen (from 60 days to six months?) 8) PCRB should track "use of foree" by police officers. (Track for whole police dept. and individual officers [by identifying numbers only].) Issue semi-annual reports. 9) Track racial profiling. Hire ontside investigator/researcher as necessary. Issue semi-annual reports. 10) Make PCRB sunset clause for six more years. (Expires in August, 2007.) 1 l) Make as a condition of employment for police officers, a requirement that they go before PCRB, if called by them, as part of their civil proceedings. (Remember, the police officer testimony can not be used as part of criminal case.) Steven Kanner City of Iowa City MEMORANDUM DATE: June 5, 2001 TO: City Council FROM: Eleanor M. Dilkes, City Attorney RE: Smoking in restaurants At its earlier work session the Council expressed interest in proceeding with an ordinance prohibiting smoking in restaurants but exempting establishments whose alcohol sales account for 50% or more of gross receipts for food and beverages. The Council asked that staff first obtain information to assist the City Council in determining which establishments would be covered and which would be exempt under this scheme. This information is not available from either the Alcoholic Beverages Division or the Department of Health. Therefore, a survey of establishments will be necessary. A draft letter to establishments asking for information on their sales is attached. One issue we did not discuss at your work session in April is whether we want to focus only on on- premises consumption. If the goal is to prohibit smoking in places where the consumption of food is the primary activity, it seems that the relevant question is the relative amount of alcohol and food sold on the premises. This is the approach taken with the question set forth in the letter. We can discuss the draft letter at your work session on June 11. cc: Steve Atkins Dale Helling Marian Karr Sarah Holocek Andy Matthews eleanor/mem/smoking.doc DRAFT June ,2001 Dear (All Liquor Licensees; all restaurants listed in Yellow Pages): At a recent work session, the City Council of Iowa City expressed its interest in enacting an ordinance to prohibit smoking in restaurants but exempting those establishments whose sales of alcoholic beverages account for 50% or more of the establishment's gross receipts for food and beverages. To the extent possible, prior to proceeding with the ordinance, the Council would like to determine which establishments would be exempt under the above scheme. This information is not readily available from other sources. Therefore, at the City Council's request, we are surveying Iowa City establishments in an attempt to give the Council a picture of what types of establishments would be covered by the proposed ordinance. If you would like to assist in providing the City Council with the information it seeks, please answer the following question with respect to the above establishment and return this letter in the enclosed stamped self-addressed envelope: On average, do your sales of alcoholic beverages sold on premises account for 50% or more of your total receipts for food and beverages sold on premises? Yes No If you wish to respond, please check "Yes" or "No" and return this letter in the enclosed stamped, self-addressed envelope on or before July 20, 2001. Thank you for your assistance. Sincerely, Eleanor M. Dilkes City Attorney eleanor/Itrs/smokingsurvey.doc IP6 ~ ~ Federal Building ~, 210 Walnut Street, Room 239 '~t~'oE~'° Des Moines, Iowa 50309-2155 May 22, 2001 Mayor Ernie Lehman Ci~ of Iowa City 410 East Washington Street Iowa City, IA 52240-1826 Dear Mayor Lehman: The U. S. Depa~ment of Housing and Urban Development (HUD), Iowa State Office, is pleased to provide you copies of the "HUD Investment" sheets for the nine entitlement communities in Iowa. These sheets provide you with a summa~ of funding ending federal fiscal year 2000. If you have any questions regarding the sheets please contract me directly at 515.284.4573. Sincerely, William H. McNarney Iowa State Coordinator Visit our web site at http://www.hud.gov/Iocal/des/des.htrnl UD Investment in Cedar Falls Fiscal Year Ending September 30, 2000 Pubtic Housing/Section 8 Section 8 Tenant Based Rent Assistance 326 Units $ 717,525 Section 8 Administrative Fee $ 135,770 Public Housing Subtotal $ 853,295 Community Planning and Development CDBG Entitlement Fundin $ 390,000 Home Consortium $ 175,000 Community Planning and Development Subtotal $ 565,000 Multi-and Single Family Housing Section 8 Project Based Rental Assistance 190 units $ 843,845 FHA Sing le Family Mortgage Insurance (14 houses) Multi-and Single Family Housing Subtotal $ 843,845 Grand Total ...................... $ 2,262,140 HUD Investment in Cedar Rapids Fiscal Year Ending September 30, 2000 Public Housing/Section 8 Section 8 Tenant Based Rent Assistance 1235 Units $ 4,936,075 Section 8 Administrative Fee $ 645,925 Section 8 Family Self-Sufficiency Coordinator $ 39,647 Public Housing Subtotal $ 5,621,647 Community Planning and Development CDBG Entitlement Funding $ 1,555,000 HOME Funds $ 563,000 Supportive Housing Grant $ 1,233,783 Community Planning and Development Subtotal $ 3,351,783 Fair Housing Assistance Program $ 99,920 Multi-and Single Family Housing Section 8 Project Based Rental Assistance 972 Units $ 2,597,177 FHA Single Family Mortgage Insurance (321 houses) Multi-and Single Family Housing Subtotal $ 2,597,177 Grand Total ...................... $ 11,670,527 HUD Investment in Council Bluffs Fiscal Year Ending September 30, 2000 Public Housing/Section 8 Capital Fund 297 Units $ 366,797 Section 8 Tenant Based Rent Assistance532 Units $ 1,675,266 Section 8 Administrative Fee $ 202,186 Public Housing Subtotal $ 2,244,249 · Community Planning and Development CDBG Entitlement Funding $ 1,273,000 ~ HOME Consortium Funding $ 295,000 Community Planning and Development Subtotal $ 1,568,000 Multi-and Single Family Housing Section 8 Project Based Rental Assistance 522 Unit$ 2,322,006 FHA Single-Family Mortgage Insurance (138 houses) Multi-and Single Family Housing Subtotal $ 2,322,006 Grand Total ......................$ 6,134,255 HUD Investment in Davenport Fiscal Year Ending September 30, 2000 Public Housing/Section 8 Operating Subsidy Public Housing 42 units $ 45,601 Capital Fund $ 86,256 Section 8 Tenant Based Rent Assistance 560 units $ 1,385,161 Section 8 Administrative Fee $ 273,910 Drug Elimination Grant $ 21,000 Public Housing Subtotal $ 1,811,928 Community Planning and Development CDBG Entitlement Funding $ 2,139,000 Home Funds $ 729,000 Supportive Housing Program $ 338,733 Emergency Shelter Grant $ 75,000 Community Planning and Development Subtotal $ 3,281,733 Fair Housing Assistance Program (FHAP)$lls,000 Multi-and Single Family Housing Section 8 Project Based Rental Assistance 885 Units$ 3,480,372 FHA Single-Family Mortgage Insurance (598 houses) Multi-and Single Family Housing Subtotal $ 3,480,372 Grand Total ...................... $8,689,033 HUD Investment in Des Moines Fiscal Year Ending September 30, 2000 Public Housing/Section 8 Operating Subsidy for Public Housing 907 Units $ 636,105 Capital Funds $ 1,573,727 Serf-Sufficiency (ROSS) (Elderly &Resident) $ 245,500 Section 8 Tenant Based Rent Assistance 2415 units $ 7,073,039 Section 8 Administrative Fee $ 1,014,828 Public Housing Subtotal $ 10,543,199 Enterprise Community Related Funding COPC - Community Outreach Partnership Centers $ 1,000,000 Section 108 - Grocery Store Loan Commitment $ 2,000,000 Section 108 - Grocery Store Grant Commitment $ 1,000,000 Enterprise Community Related Funding $ 4,000,000 Community Planning and Development CDBG Entitlement Funding Home Funds $ 5,119,000 $ 1,282,000 Emergency Shelter Grant Funds $ 180,000 Supportive Housing Grant $ 1,160,241 Special Purpose Grant -- Riverpoint $ 500,000 Community Planning and Development Subtotal $ 8,241,241 Fair Housing Assistance Program (FHAP) $ 70,600 Multi-and Single Family Housing Section 8 Project Based Rental Assistance 1523 units $ 6,120,637 Drug E~imination Grant $ 208,364 FHA Single Family Mortgage Insurance (766 houses) Multi-and Single Family Housing Subtotal $ 6,329,001 Grand Total ...................... $ 29,184,041 HUD Investment in Dubuque Fiscal Year Ending September 30, 2000 Public Housing/Section 8 Section 8 Tenant Based Rent Assistance 967 Units $ 2,787,969 Section 8 Administrative Fee $ 437,651 Self-Sufficiency Coordinator $ 31,572 Public Housing Subtotal $ 3,257,192 Community Planning and Development CDBG Entitlement Funding $ 1,441,000 Community Planning and Development Subtotal $ 1,441,000 Fair Housing Assistance Program (FHAP)$ 45,400 Lead Hazard Reduction Program $ 3,690,619 Multi-and Single Family Housing Section 8 Project Based Rental Assistance 461 units $ 1,536,409 FHA Single Family Mortgage Insurance (30 houses) Multi-and Single-Family Housing Subtotal $ 1,536,409 Grand Total ......................$ 9,970,620 HUD Investment in Iowa City Fiscal Year Ending September 30, 2000 Public Housing/Section 8 Operating Subsidy for Public Housing 101 Units $ 55,343 Section 8 Tenant Based Rent Assistance 1086 Units $ 3,919,234 Section 8 Administrative Fee $ 533,382 Capital Funds $ 213,315 Self-Sufficiency Resident Service (ROSS) $ 150,000 Self-Sufficiency Coordinator $ 44,904 Public Housing Subtotal $ 4,916,'178 ~. Community Planning and Development CDBG Entitlement Funding $ 938,000 Home Funds $ 642,000 Community Planning and Development Subtotal $ 1,580,000 Multi-and Single Family Housing Section 8 Project Based Rental Assistance 605 Units $ 2,501,405 FHA Single-Family Mortgage Insurance (19 houses) Multi- and Single Family Housing Subtotal $ 2,501,405 Grand Total ......................$ 8,997,583 HUD Investment in Sioux City Fiscal Year Ending September 30, 2000 Public Housing/Section 8 Section 8 Tenant Based Rent Assistance 1099 Units $ 3,307,701 Section 8 Administrative Fee $ 480,570 Capital Fund $ 32,805 Family Self-Sufficiency Coordinator $ 43,346 Public Housing Subtotal $ 3,864,422 Community Planning and Development CDBG Entitlement Funding $ 2,375,000 Home Funds $ 636,000 Emergency Shelter Grant Funds $ 83,000 Supportive Housing $ 772,406 Special Purpose Grant - Stockyards $ 925,000 Community Planning and Development Subtotal $ 4,791,406 Multi-and Single Family Housing Section 8 Project Based Rental Assistance 896 Units $ 2,655,626 FHA Single Family Modgage Insurance (251 houses) Multi- and Single Family Housing Subtotal $ 2,655,626 Grand Total ...................... $ 11,311,454 HUD Investment in Waterloo Fiscal Year Ending September 30, 2000 Public Housing/Section 8 Operating Subsidy for Public Housing 57 Units $ 40,983 Section 8 Tenant Based Rental Assistance1026 Units $ 2,289,582 Section 8 Admini strative Fee $ 426, 143 Section 8 Family Serf-Sufficiency Coordinator $ 44, 100 Capital Fund $ 80,981 Public Housing Subtotal $ 2,881,789 Community Planning and Development CDBG Entitlement Fundin $ 1,785,000 Home Funds $ 737,000 Special Purpose Grant- Affordable Housing $ 462,500 Supportive Housing $ 1,133,106 COPC Grant - University of Northern Iowa $ 175,000 Community Planning and Development Subtotal $ 4,292,606 Multi-and Single Family Housing Section 8 Project Based Rental Assistance 817 Units$ 2,904,923 FHA Single-Family Mortgage Insurance (142 houses) Multi- and Single Family Housing Subtotal $ 2,904,923 Grand Total ......................$ 10,079,318 JOE BOLKCOM ..2..,~ COMMITTEES STATE SENATOR Appropriations Twenty-third District Commerce Statehouse: (515) 281-3371 Natural Resources & Environment _ State Government Ways & Means HOME ADDRESS Health &Human Rights 728 2na Avenue Appropriations Subcommittee, Iowa Cit~, Iowa 52245 Ranking Member Phone: H-(319)337-6280 The Senate joe@joebolkcom,org www,joebolkcom,org State of Iowa Seventy-ninth General Assembly STATEHOUSE Des Moines, Iowa 50319 June 1, 2001 Mayor Ernest W. Lehman City of Iowa City 410 E. Washington Street Iowa City, IA 52240 Dear Mayor Lehman: Thank you for your letter regarding the continued operation of the Iowa City Workforce Development Center office. I share your concern about this issue and was extremely disappointed that the Iowa Senate did not take this legislation up in the final hours of the legislative session. It was the last bill my Democratic colleagues worked to have considered in the Senate. Unfortunately, the Senate Republican leadership killed the bill. It is beyond my comprehension why ~ve would want to close more than 50 offices around the state, mostly in rural areas. Especially when we have significant workforce development issues. I have learned a lot about the ~vork of these centers. They have significant support from the business community. All the members of our Democratic caucus are in support of continuing this vital service. I am hopeful that we will take this issue up during the special session. I appreciate hearing from you. Please do not hesitate to contact me again on this or any other issue of interest. VtI fly yours, ~ ~ lkcom May 29, 2001 Ms. Roxanne Ehrdahl Community News Advertiser 1801 2nd Street Suite 100 Coralville, IA 52241 Dear Roxanne: Recently, the City Council adopted the City's FY02 Budget. Unfortunately, financial support for the City's Insights project was not authorized. Because of this, we must regrettably cancel the monthly feature. The June issue will be the final publication. It is my understanding you and the team assigned to work with Barb and Lisa have been excellent to work with on this project. We have been extremely satisfied with the process and the end product. Thank you for assisting the City with Insights. Please pass along our appreciation to your staff. Sincerely yours, Stephen J. Atkins City Manager cc: City Council City of Iowa City MEMORANDUM DATE: June 6, 2001 TO: City Council FROM: City Manager RE: Analysis and Staff Recommendation for Enterprise Zones At the Nay 15 City Council meeting the Council requested that staff research the possibility of establishing an enterprise zone(s) in Iowa City. Included in the Council packet is a summary memorandum that outlines the enterprise zone law and identifies areas of the community where an enterprise zone may be considered. After an analysis and discussion by staff there are a number of issues that will require Council consideration and approval. Since this program was established "to promote new economic development in economically distressed areas'; the first question to be considered is whether or not Iowa City or select areas of the community meet the intent and purpose of this law. · According to the research conducted there may be as many as nine census tracts that could technically qualift/for an enterprise zone designation. Three of these census tracts currently would qualift/under the enterprise zone rules, the other six could also qualift/if the City Council designated them as blighted (as defined by state code section 403. :~7). The utilization of this program will serve to direct both economic and residential development into specific areas of the community once an enterprise zone is designated. Depending upon the intended use of the enterprise zone program it will be important to identify the areas of the community where growth or redevelopment is to occur. · Some factors to consider when making these recommendations would focus on zoning, compliance with the comprehensive plan, existing infrastructure or opportunity for redevelopment. · Consider combining the enterprise zone(s) with current economic development activities or plans. The enterprise zone commission is independent of the City Council (although they will have representation). This is important because the enterprise zone commission reviews and recommends projects to TDED and they have the sole authority to put in place local controls or additional criteria for projects within an enterprise zone. · This commission will act as an additional advisory body to the City Council by making recommendations on building codes and zoning as they apply to an enterprise zone(s). June 5, 2001 Page 2 · The responsibility and cost of staffing this commission and monitoring the enterprise zones will need to be determined. An enterprise zone designation, in effect, states or identifies an area as economically distressed. Tn looking at the overall health of our community, it does not appear that Iowa City meets the intent of the enterprise zone program. Mgr\memos\enterpzone.doc City of Iowa City MEMORANDUM DATE= June 4, 2001 TO= City Manager FROH,' Steven Nasby, Community Development Coordinator~ RE: Summary of the Zowa Enterprise Zone Law The State of Iowa has created law for the use of Enterprise Zones to assist counties and cities in attracting new economic development through private investment. This program may be used for traditional economic development projects that grow the tax base (e.g. capital investment and manufacturing or industrial jobs creation) and housing development. Iowa Code defines the State's Enterprise Zone program. A 1998 amendment to the Iowa Code expanded the enterprise zone program to include housing development. Potential benefits of an enterprise zone designation to an eligible business are based upon financial incentives provided by the State of Iowa. The majority of the incentives set forth are in the form of state tax credits and refunds. Property tax exemptions are also available for economic development projects, however, they are subject to local approval. Other than the optional property tax exemptions there does not appear to be a financial obligation for the City of Iowa City. Much of the information that follows is based upon the administrative rules for this program. Program Purpose and Intent Iowa Code states that the purpose of an enterprise zone is "to promote new economic development in economically distressed areas". It further states that the "intent of the program is to encourage communities to target resources in ways to attract productive private investment in economically distressed areas within a county or city". Potential Uses Economic development and housing development are the two separate, targeted uses for this program. The promotion of economic development activities (job creation and capital investment) were the basis for the enterprise zone program until it was amended in 1998. The 1998 housing amendment expanded the enterprise zone program to include nearly all types of housing development and is not limited to low-moderate populations. Under the program rules the following types of housing are eligible: construction of multi-family dwellings (3 units or more), single-family dwellings (4 units or more) and rehabilitation. Information from IDED shows that of Iowa's largest 10 cities seven of them (Cedar Rapids, Council Bluffs, Davenport, Des Moines, Dubuque, Sioux City and Waterloo) have at least one established enterprise zone. Four of the cities (Cedar Rapids, Davenport, Des Moines and Waterloo) stated their enterprise zones were originally established for economic development; however, they are also open to housing development since the legislature May 30,2001 Page 2 amended the enterprise zone law. Information from these same cities indicates an enterprise zone may be utilized for either, or both the uses cited above, they do not need to be mutually exclusive. Enterprise Zone Certification Until 3uly 1, 2003~, a city or county may request the Iowa Department of Economic Development (IDED) board certify an area meeting the requirements of the Enterprise Zone law. If approved by the IDED board the designation of an enterprise zone will be effective for a period of 10 years. In addition to the original certification, the city or county may at any time request the IDED board to amend or decertify an enterprise zone. Any changes to an established enterprise zone must be requested before 3uly 1, 2003. Either an alteration of the boundaries or decertification of an enterprise zone is subject to review and approval by the IDED board. Eligibility Criteria For an area to be considered for designation as an enterprise zone the area must meet at least two of the five qualifying factors. These factors are based upon the 1990 census data and local information. Upon release of the 2000 census data these eligibility criteria will likely change. The five qualifying factors are as follows: 1, The area has a per capita income of $9,600 or less. The area has a family poverty rate of 12°~ or higher. 3. Ten percent or more of the housing units are vacant in the area. 4. The valuations of each c/ass of property in the designated area is 75% or less of the citywide average for that classification based upon the most recent valuations for property tax purposes. 5. The area is a blighted area, as defined by Iowa Code section 403.17 (see below) Iowa Cede Section 403.17 "Blighted area" means an area of a municipality within which the local governing body of the municipality determines that the presence of a substantial number of slum, deteriorated, or deteriorating structures; defective or inadequate street layout; faulty lot layout in relation to size, adequacy, accessibility, or usefulness; insanitary or unsafe conditions; deterioration of site or other improvements; diversity of ownership, tax or special assessment delinquency exceeding the fair value of the land,' defective or unusual conditions of title; or the existence of conditions which endanger life or propatty by rTre and other causes; or any combination of these factors; substantially impairs or arrests the sound growth of a municipality, retards the provision of housing accommedations, or constitutes an economic or social liability and is a menace to the public health, safety, or welfare in its present condition and use. A disaster area referred to in sect/on 403.5, subsection 7, constitutes a "blighted area'; "Blighted area" does not include real property assessed as agricultural proparty for purposes of property taxation. An enterprise zone shall consist of one or more contiguous census tracts or alternative geographic units approved by IDED. In researching information provided by the IDED, it appears that the size of a single enterprise zone varies significantly. The largest single enterprise is located in Sioux City (4,928 acres) and the smallest one is located in Strawberry Point (.10 acres). The statewide average size is about 241.4 acres. , The 2003 date may have been used by the state legislature to coincide with the re/ease of 2000 census data. May 30, 2001 Page 3 The city may establish multiple zones up to a total area no greater than one percent of the county. If Iowa City were to designate an enterprise zone(s), the total area could not exceed 3,963.52 acres. This is approximately equal to 25.2% of the total incorporated area of Iowa City. A preliminary review of the 1990 census data shows there are as many as nine census tracts in Iowa City that may qualify as potential enterprise zones. Map i shows these potential areas. All nine of these tracts meet at least one of the criteria outlined in the state code. Of the nine possible qualifying tracts, three of them currently meet two of the eligibility criteria and as such, could be considered for enterprise zone designation (see Map 2). The remaining six tracts would require an additional "blight" designation by the City Council to meet the requirements of the enterprise zone program. It is possible that other census tracts or alternative geographic areas may also qualify under the valuation factor. However, due to the significant amount of work needed to identify, research and categorize the information we will await Council direction on whether to proceed with the possible designation of an enterprise zone(s) using this qualifying factor. Please note that following the release of the 2000 census data there may be changes to the potentially eligible census tracts in Iowa City. Pending the release of information by the U.S. Census Bureau, the maps showing the areas qualifying for designation as an enterprise zone(s) are current. Enterprise Zone Commission Once the city or county has designated an enterprise zone(s), and the IDED board has approved an enterprise zone(s) within a city or county, that jurisdiction must establish a single enterprise zone commission. Following the organization of the enterprise zone commission, the IDED will have the review authority to determine the validity of the composition of the commission. This validation is accomplished by providing IDED with information on each of the commission members (e.g. name, address, identification of what group the member is representing, etc.). The membership or composition of this nine-member commission is set forth in Iowa Code. In reviewing this section of the code, one member must be from the City Council or Board of Supervisors (as applicable) and there are five additional, required enterprise commission members representing organizations other than the City Council. The commission representation is as follows: 1. One representative of an international labor organizatlon, 2. One mernbor with economic development expertise chosen by the IDED, 3. One representative of the city council, 4. One member of the local community college board of d/rectors, 5. One member of the city planning and zoning commission, and 6. One representative of the local workforce development center selected by the iowa workforce development department unless otherwise designated by a regzbnal advisory board, May 30, 2001 Page 4 Once these six spots are filled the remaining three at-large spots on the commission are selected by a vote of the enterprise zone commission. Entericrise Commission Duties The role of the enterprise zone commission will be to review the applications of businesses requesting to locate or develop within an established enterprise zone according to the criteria within the enterprise zone rules. In addition to the criteria in the enterprise zone rule, an enterprise commission is authorized, but not required, to adopt additional local criteria related to approving an application from eligible businesses. Examples of these additional criteria as shown in the enterprise zone rule may include, but are not limited to, certain types of industry or business, hiring preferences, higher wage thresholds, level of benefits required, local competition issues, or any other criteria the commission deems appropriate. The existing enterprise zone rule has very few criteria for housing development. Since other criteria can be added, some local criteria that may be considered for housing development could include affordability issues, housing types, compliance with the goals of the comprehensive plan or market demand. Other commission responsibilities are also defined in the enterprise zone rule. These include both mandatory and optional functions. The mandatory function is a commission shall examine and evaluate building codes and zoning in enterprise zones and make recommendations to the appropriate governing body in an effort to promote more affordable housing development. An optional function of working with local workforce development centers to determine area labor availability comes into play if the local commission preferences hiring targeted to individuals living within an enterprise zone. Eligible Businesses The enterprise zone law specifically defines the eligible businesses that qualify for the benefits of an enterprise zone. To be an "eligible business" under the economic development section of this program there are six criteria. The enterprise zone program rules state an eligible business must not be retail, have not closed or relocated from another part of the state, must provide employee benefits (e.g. a portion of health and dental insurance), pay an average wage equal to no less than 90% of the average county wage as determined by TDED (no less than $7.50 per hour) and will result in at least 10 full time jobs that must be maintained for a period of at least 10 years. For housing development, an eligible business includes a housing developer or housing contractor. They must also provide the enterprise zone commission with a long term plan for the proposed project, the benefits the housing development will bring to the area, examples why it is a good housing development project and an affidavit that it has not (within the last five years) violated state or federal environmental and worker safety statutes, rules and regulations. State Review and Action Upon approval by the local enterprise zone commission, an application from an eligible business will be forwarded to the IDED. IDED will review the applications for compliance with the requirements of the act and administrative rules, consider the impact on businesses in competition with the applicant business, determine the probability of worker displacement May 30, 2001 Page 5 that may be caused, determine if the business has violations of law and, if applicable, determine compliance with local criteria. Pending their review IDED may approve, deny or defer applications. Benefits Once approved, eligible businesses locating in enterprise zones qualify for financial benefits. The financial incentives and assistance available under this rule are specifically established; however, some of the benefits are subject to approval by the city or county. The duration of the availability of the benefits is for the entire 10-year life of an enterprise zone. Benefits for economic development projects include a new jobs credit, value-added property tax exemption, investment credit and insurance premium tax credit, research activities credit, refund of sales, service and use taxes paid to contractors or subcontractors. Housing development project benefits are limited to an income tax credit (similar to the federal Low Income Housing Tax Credit program) and sales, service, and use tax refunds. Agreement Following IDED approval, a three party agreement is required between the business, the city or county and ]EDED. This agreement shall cover the provisions of the application (e.g. number of jobs created the wages to be paid, meeting local requirements, reporting requirements and the payment or repayment of financial incentives). Should a business not meet the requirements no financial incentives will be paid for each year they are not in compliance. In addition, previously paid incentives must also be repaid if the business does not meet the requirements of the act. The administrative rules do not define the party responsible for monitoring the business. Since the agreement is only between the three parties it appears that either the cityy\county or IDED would be responsible for monitoring. Conclusion As stated throughout this memorandum, the enterprise zone program was established to stimulate productive, private investment within economically distressed areas. The information provided herein is intended to briefly describe the components of the program and show how the enterprise zone program may be applied to Iowa City. In addition to this memorandum, there is also an analysis and staff recommendation memorandum included in the Council packets. If you would like additional information about this program or a copy of the State enterprise zone administrative rules please call me at 356-5248 or e-mail at Steven-Nasby@iowa-city. org. City of Iowa City I MEMORANDUM DATE: May 24, 2001 TO: City Council FROM: City Manager RE: South Central District Economic Development Policy During the FY02-05 budget discussions, the City Council chose to initiate the construction of the Mormon Trek Extended project beginning in FY03. A major reason for this decision was to open up the South Central Planning District for commercial and industrial development. With the direction we have now received concerning read alignment, we need to initiate additional steps to open this area for industrial and commercial development. Annexation Much of the land the South Central District Plan identified for commercial and industrial development (see attached map, "South Central District: Future Land Use Scenarios") is presently located in the County. In order for this land to develop with infrastructure at city standards, the land will need to be annexed into the city. We have initiated discussions with area properly owners. The annexation of the identified properties and the Mormon Trek extension will assist with providing additional industrial and commercial land within the corporate limits. One of our early first steps will be to receive a commitment from property owners in the area to annex their land. We can expect each property owner to have a unique set of demands. Potential Commercial and Industrial Activities As identified in the South Central District Plan, land abutting Mormon Trek Extended, which is predominately north of the read as extended, should be used for a combination of intensive or highway commercial, office park/commercial, and industrial manufacturing. When the land is annexed, the land should be zoned such that the zoning is consistent with the South Central District Plan. The Plan is to be used as a guide, and therefore as opportunities develop the City Council may wish to consider other compatible commercial and industrial uses, such as retail/community commercial. Infrastructure Improvements The provision of the four major municipal infrastructure improvements, which include sanitary sewers, streets, water mains and storm sewer, is necessary for any type of development to occur within a community. In the South Central District, sanitary sewer is available with recent construction of the Willow Creek Trunk sewer. An additional sewer line will be necessary from the Willow Creek Trunk running southwest, under 218 to W.B. Development Subdivision. This subdivision is within the corporate limits and will have enhanced development potential with sewer service available. With the construction of Mormon Trek Extended, a major arterial street will provide for South Central District Economic Development Policy May 24, 2001 Page 2 transportation needs in the area. As Mormon Trek Extended is constructed, major water mains will be provided along with the street. We will undertake the engineering work to develop cost estimates as well as the practicalities of phasing the work. Airport The airpod, an obvious feature in the South Central District Plan, can serve as an encumbrance as well as asset to the area. Flight path restrictions and aviation regulations will be considered. The land use the airport represents will influence surrounding development, both land use and pattern of development. With the Airport Master Plan we have identified land use interests which can support economic development policy (grow the tax base) and planning. The addition of the 50- acre Aviation Commerce Park and the 17-acre site located at the future intersection of Mormon Trek Extended and Riverside Drive are economic attributes which can be fully realized with the closure of the north/south runway. Encouragement for Development Typically, the City's role in encouraging development within the corporate limits has been to annex the land, zone the land for desired uses, and provide the necessary infrastructure for development to occur. The City Council may wish to stop at this point and see what happens. However, you may wish to become more directly involved. This may include the City serving as a developer, such as the Aviation Commerce Park located in the northern airport area. The City may wish to financially partner with a private developer to encourage, for example, the development of an office park or an industrial park. Another option is the City may wish to provide a series of incentives for property owners in the area. These incentives may be in the form of designating the area an urban revitalization or urban renewal area in order to provide property tax exemptions or tax increment financing for new businesses locating in the area. This would be similar to the Scott-Six Industrial Park. Or the City could use tax increment financing to provide the industrial park with public infrastructure, such as roads, sewers, and water. We will provide future recommendations in order for the City Council to establish a policy with respect to the level of City involvement. Additional Development Considerations There are sensitive features located in the area of the proposed industrial and commercial development. As identified on the Sensitive Areas Map, a significant portion of the area identified for industrial/manufacturing uses is located in the floodplain and contains hydric soils exclusive of wetlands. The development of this land for industrial/manufacturing uses will require special preparations of this land for development (i.e. constructing development a foot above the floodplain, soil loading to prepare the site for development, etc). This can influence phasing as well as overcost to develop. Each property owner will need to ascertain development restrictions. South Central District Economic Development Policy May 24, 2001 Page 3 List of tasks underway or soon to be 1. Discuss annexation with property owners 2. Review zoning designations 3. Review/measure impact of airport overlay zone on future development 4. Determine extent of fill necessary to make land developable 5. Undertake preliminary engineering for Mormon Trek extended MEMORANDUM DATE: June 4, 2001 TO: City Council FROM: City Manager RE: Pending Development Issues 1. An application submitted by Oakes Construction for a rezoning from Rural Residential, RR-1, to Low Density Single Family Residential, RS-5, and a preliminary plat of Dean Oakes Sixth Addition, a 30.11 acre, 18-1ot residential subdivision located at the west end of Bristol Drive. 2. An application submitted by Arlington L.C. c/o Gary Watts for a final plat of Stone Bridge Estates Part One, a 4.93 acre, 16-1ot with one outlot residential subdivision located north of Court Street and west of Taft Avenue. 3. An application submitted by Plum Grove Acres, Inc. for an annexation of 26.88 acres and rezoning from Low Density Single Family, RS-5, County Highway Commercial, CH, County Local Commercial, C1 and County Multi-Family, R3A to Community Commercial, CC-2 (10.99 acres) and Medium Density Single Family, RS-8 (21 acres) located at the southwest corner of Scott Boulevard and Rochester Avenue. 4. An application submitted by Hawkeye State Bank for a special exception to permit an expansion of an auto and truck oriented use, specifically the construction of an additional drive-through lane, for property located in the Community Commercial (CC-2) Zone at 1910 Lower Muscatine Road. mgr\mernos\pendingilms.doc City of Iowa City MEMORANDUM DATE: June 6, 2001 TO: City Council FROM: City Manager RE: Senior Center Skywalk Update The current status of the project is the steel is set, the concrete floor is poured, and the roof is installed. installing the windows, demo work in the Senior Center, and beginning the electrical work are scheduled in the next two weeks. There has been some delay in the project to date due to the availability of the steel and the weather. The current schedule sets August 2 as substantial completion/occupancy date with final completion set for August 24. cc: Linda Kopping mgr/memjskywalk.doc City of Iowa City MEMORANDUM DATE: June 6, 2001 TO: City Council FROM: City Manager RE: Petition for Bus Service These are proposed bus services we cannot afford to provide with current budget limits and route structure. The problem of service provision is further compounded by the State reduction in financial aid. The original estimate was a $20,000 reduction. We have now been informed it will be $40,000. cc: Joe Fowler mgr/menVbus.doc Iowa City Transit Memo CC: Joe Fowler, Director, Parking and Transit Date: 06/04/01 Re: Petition For Bus Service I received the attached petition for bus service from residents of Concord Terrace Senior Housing on Shannon Drive off of Rohret Road. Currently, the only bus service along Shannon Drive is the Westside Loop that runs one trip before and after school when Iowa City Community Schools are in session. Otherwise, the nearest bus stop to Concord Terrace is at the corner of Cae Drive and Mormon Trek, Fareway Grocery Store or Mormon Trek and Benton which am all approximately a half mile away. I also got a phone call from the senior housing complex at Washington Street and Scott Boulevard as well as a letter from Silvemrest Assisted Living Community and University of Iowa Community Medical Services at Scott Boulevard and Amedcan Legion Road (copy attached). They were all requesting bus service to their respective facilities. Them is another senior housing complex going in on Melrose west of West High and I anticipate hearing from them in the near future as well. All of these facilities are being located within the city limits, but outside of our current service area. Our current routes have been stretched to there limit and can not be extended to serve these areas without some major revisions in the routes. This would require another route study to reexamine the entire system and ultimately require an increase in our operating budget or cutting service elsewhere. As we found in the last route study, it is extremely difficult to eliminate service to an area once they have service. Even though there is low ridership in certain areas, when you propose cutting service people come forward because they want the service available in the event that they ever want to use it. We will not proceed with any sort of route study unless directed otherwise. eP~el t Community Medical Services, Inc. 2346 Mormon Trek BIrd., Suite 2500 February 20, 2001 Io',a city. Iowa 52246 319-337-7642 Tel 319-339-1449 Fax Ron Logsden Transient Manager City of Iowa City 410 East Washington Street Iowa City, Iowa 52246 Dear Mr. Logsden; UI Health Care has recently opened a UI Family Care clinic at 1130 Scott Boulevard. Silvercrest Legacy Point, an assisted living facility owned by Dial Company will be opening their facility at 1020 South Scott Boulevard in May. Both of our facilities are accessed through the same entry street off of Scott Boulevard. As you are aware there is significant other residential development in this part of the city, as well. We would like to request the City of Iowa City to consider establishing or extending the bus route to the Scott Boulevard area. This bus stop would provide access for 200 to 250+ senior citizens living at the Silvercrest Legacy Point to move around town, reach shopping destinations and other city travels. This bus access would also provide public transportation alternatives for employees of both of our facilities and patients to our clinic. If there is any information we can provide in regard to this request, please feel free to contact either of us. Sincerely, University of Iowa Community Medical Services, Inc. 2346 Mormon Trek Blvd., Suite 2500 Iowa City, Iowa 52246 337-7642 Julie M. Dancer Marketing Director Silvercrest Legacy Point Assisted Living Community 1020 S. Scott Blvd. P.O. Box 1087 Iowa City, Iowa 52240 341-091 t 'O"1 ']ueLueBeuelA! 8d:B/OIAIN Xq peBeuelA! Xlleuo!sseJoJd 'awoH ]LtB!J leaJ no/~ e~lew ~eH] sejn]eej X~!lenb sep!AoJd I]u!snoH Jo!ueS eoBJJel pjoouoO 'se!]!l!oej IBO!peLU pUB '8U!U!p '8u!ddoHs LUOJJ se]nu!Lu ]sn[ uo!]eool :IUe!UeAUO3 pUB I~u!~es ]e!nb eLt] XOrUe II!N~ no,& Eiu!snoH Jo!ueS eoeJJe, L pJoouo3 o~ eLuooleM HOUSING Persons 55 years and older or persons with a disability - Enjoy A Slice Of The Good Life 1259 SHANNON DRIVE, IOWA CITY, IOWA (319) 887-1010 One & Two Bedroom Floor Plans Available One Bedroom One Bedroom Two Bedrooms CONCORD TERRACE FEATURES · Elevator · Excellent Residential Neighborhood · Walking Distance to Grocery Store, Bank, and Drug Store · Full kitchen · Central Air · Laundry Room on Each Floor · Laundry Hook-ups in Each Unit · Window Blinds · Off Street Parking · Wired for Cable TV · Bulk Storage on First Floor for Each Unit · Excellent On-Site Managers · Limited Access Entry with Intercom to Each Unit · Beautifully Furnished Community Room · Attractive Landscaping · Specially Designed Units to Meet the Needs of Persons with Disabilities · 100% Accessible Units City of Iowa City 1 MEMORANDUM Date:May 14, 2001 To: Mayor and City Council From:Marian K. Karr, City Clerk Re: Council Work Session, May 14, 2001, 6:30 PM in Council Chambers Council: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn Staff: Atkins, Helling, Karr, Dilkes, Franklin, O'Malley, Boothroy, Klingaman, Neumann, Grosvenor, Trueblood Tapes: 01-53 and 01-54, Both Sides (A complete transcription is available in the City Clerk's Office) PLANNING & ZONING ITEMS PCD Director Franklin presented the following items: A. Setting a pubic hearing for June 12 on an ordinance changing the zoning code by amending the Planned Development Housing Overlay, OPDH-8, plan for Arbor Hill a an 8.2 acre 17- unit residential development located north of Washington Street on Arbor Hill Circle. B. Setting a pubic hearing for June 12 on an ordinance vacating Hemingway Lane west of Russell Drive. C. Public hearing on an ordinance changing the zoning designation of approximately 0.83 acres from public (P) to Central Business (CB-10) located south of Iowa Avenue between Linn Street and Gilbert Street. (Tower Place/REZ01-00005) D. Public hearing on an ordinance amending Title 14, Chapter 6, entitled "Zoning," Article E, entitled "Commercial and Business Zones," to allow municipally owned, mixed-use parking facilities in the Central Business Support Zone (CB-5) and the Central Business Zone (CB- 10) (Tower Place). 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. (Pass and Adopt) F. Ordinance amending the Sensitive Areas Overlay Plan for Walnut Ridge Parts 8, 9, and 10, an approximate 35.15-acre residential subdivision located on Kennedy Parkway. (REZ01- 0003) (First Consideration) G. Resolution approving the final plat of the Peninsula Neighborhood, a 12.09-acre. 47-1ot subdivision located at the west end of Foster Road. Council Work Session May 14, 2001 Page 2 PCD Director Franklin requested this item be deferred to June 12 to allow review of construction plans, and that the public hearing, item #13, be continued as well. Majority of Council agreed. AGENDA ITEMS 1. (Consent Calendar #3d(1 ) - accepting the work for the Iowa Avenue Streetscape Project, Phase 1) Council Member Vanderhoef requested that the item be removed for separate consideration to allow her the ability to vote on the remainder of the Consent Calendar and abstain on this project as she has a conflict of interest. Council Member Kanner noted a discrepancy in the dollar amounts listed in the Engineer's final report and the resolution. Staff will report back at the formal meeting. 2. (IP5 of 5/10 Info Packet - Census 200 Final Report) In response to Council Member Kanner, City Clerk Karr indicated the City was awaiting final figures and would then make a recommendation to Council on whether to appeal the numbers. Karr reported that challenges can be made between June 30, 2001 and September 30, 2003; first priority must be given to reprecincting utilizing the preliminary Census figures which must be done by September 1, 2001. 3. (IP9 of 5/10 Info Packet - Foster Road Grading and Water Main Project) In response to Council Member Kanner, the City Manager clarified that foot traffic is not a problem. 4. (Consent Calendar #3d(2) - accepting dedication of Scott Six Industrial Park, Outlots A and B) In response to Council Member Kanner, PCD Director Franklin stated the lots basically included the storm water detention basin and is not one of the sites being considered for a dog park. 5. (Consent Calendar #3e(1 ) - letter from Jason Schaffer regarding energy efficiency) In response to Council Member Kanner, the City Manager will prepare a comprehensive report on energy efficiency, send a copy to Council and to Mr. Schaffer. 6. (Consent Calendar #3e(17) - letter from Tom Staerfiel regarding sidewalks) In response to Council Member Vanderhoef, staff will follow up and prepare a response as to why there was a barrier on Muscatine Avenue for the past 6 weeks. 7. (Consent Calendar #3d(3) - letter from James Petran regarding Lexington Avenue) Council Member Kanner requested consideration of the suggestion by Mr. Petran for posting of signs concerning possible alteration to street parking and street calming. City Arty. Dilkes stated that the adopted Council policy was followed and any changes should be considered in relationship to the entire policy. 8. Council Member Pfab raised concerns regarding the size of the sign and the information provided on the signs for zoning changes. PCD Director Franklin stated that Council had requested the signs be more generic to encourage people to call for more information. 9. City Atty. Dilkes stated that it has been reported that Southgate has filed suit in connection with the Harlocke Weeber rezoning but the City has not received a copy so she would be unable to comment on it. A majority of Council agreed to discuss the lawsuit in executive Council WorkSession May l4,2001 Page 3 session. The City Mgr. distributed a memo regarding parkland acquisition in the area and there was no discussion. 10. (Agenda item #7 - Housing Authority's Annual Plan; and agenda item #8 - acquisition of a single family lot) HIS Director Boothroy and Housing Adm. Grosvenor present for questions. 11. (Agenda item #10 - amending the FY2001 operating budget) Finance Director O'Malley present for discussion. COUNCIL APPOINTMENTS HCDC - appoint Rick Spooner PIN GRANTS (Agenda item #16) Neighborhood Services Planner Klingaman presented information. ALLEY CLEAN UP (IP 1 and IP2 of 5/10 Info Packet) Solid Waste Planner/Coordinator Neumann presented information concerning his two memos. Majority of Council directed staff to proceed with implementation of a permit system for dumpsters as outlined. STAFF ACTION: Prepare an ordinance change that will set up a permit system for the placing of dumpsters in the city's right-of-way, including the downtown alleys, and guidelines for keeping the alleys free of blowing litter. (Neumann) SKATE BOARD PARK UPDATE Parks & Recreation Director Trueblood and Tom Dunbar (Dunbar Jones Partnership) updated Council on the status of development of a park. Majority of Council directed staff to proceed with revised plans presented. STAFF ACTION: Work with consultant to revise plans and location (still within Terrell Mill Park) in accordance with the preferred option of the Parks and Recreation Commission, as presented to Council. Target date to award a bid is the Council meeting of July 31, with completion to occur by late October/early November. (Trueblood) HUNTERS RUN PARK PLAN Parks & Recreation Director Trueblood and Steve Ford (Shoemaker & Haaland) distributed information on the design process used and survey results. STAFF ACTION: Continue to work with consultant on proposed concept plan as presented to Council; one possible exclusion is the small pond identified in the south section of the park, which had mixed reviews from neighborhood residents. Target date Council Work Session May 14, 2001 Page 4 to award a bid is the Council meeting of July 31, with primary completion to occur before winter and landscaping to be completed the following spring. (Trueblood) EXTENSION OF SUNSET CLAUSE FOR PCRB Majority of Council agreed to retain the PCP, B in some fashion. PCRB Chair Watson present for discussion. After discussion Council Members agreed to review the ordinance, identify general points they wish to be reviewed, and submit to the City Clerk for inclusion in the June 7 information packet. The item will be scheduled for the June 11 work session. Council also requested input from the PCRB. Staff Action: Reminder memo mailed to Council on June 1. Work session discussion to be scheduled for June 11 and report of Council comments received on the ordinance to be included in June 7 information packet. (Karr) COUNCIL TIME 1. Mayor Lehman reported that the parking ramp on Iowa Avenue (Tower Place) had opened today for 360 cars. 2. Mayor Lehman requested newspaper be placed in the downtown kiosks. 3. Mayor Lehman reported on the increased skate boarders and bicyclists downtown and requested ticketing and/or enforcement. 4. Council Member Vanderhoef stated construction fencing was blocking the crosswalk on the west end of Iowa Avenue. Mayor Lehman stated that matter would be addressed that evening. 5. The City Attorney reported that the recommendation to deny the liquor license for ETC. was appealed to the State, the City Attorney's office had participated in an appeal hearing, and a decision is pending from the administrative law judge. 6. in response to the City Clerk, a majority of Council Members indicated they would not be attending the Historic Preservation presentation scheduled for May 16. 7. City Clerk Karr indicated a Council Member had requested a weekly PCRB agenda packet and questioned if any other Council Member was interested. Council Member Pfab will be the only Council Member receiving the packet at the present time. Meeting adjourned 9:30 PM. City of Iowa City _~, 0~,p0;-;s, ~_ MEMORANDUM Date: June 4, 2001 To: Mayor and City Council From: Marian K. Karr, City Clerk R~Kq{ Re: Upcoming Council Election A Council Candidate packet is now available for pickup in the City Clerk's Office. The packet includes a Handbook, Affidavit of Candidacy, and petitions for filing for the upcoming Council election. Papers must be filed in the City Clerk's office by 5:00 p.m. on Thursday, August 30, 2001. Attachment: 2001 City Election Calendar U:upcomingelection 2001 City Election Calendar Day and Date Event & Iowa Code Section Monday, August 13 Candidate Filing Begins. First day to file nomination petitions with the City Clerk. [376.4] Thursday, August 30 - 5 p.m. Candidate Filing Deadline. Last day to file nomination papers in the office of the City Clerk. Deadline is 5 p.m. [376.4;44.4] Friday, August 31 Nominations and Public Measures Delivered. City Clerk delivers all nomination papers and the full text of alJ public measures to be included on City election ballot to the Auditor by 5 p.m. [375.4] Monday, September 3 Labor Day - Holiday [1 C.1 (7)] Tuesday, September 4 Withdrawal Deadline. Last day for candidates to withdraw by filing a written request with the City Clerk. [44.9(2); 47.4; 375.4] Monday, September 24 Worry-free Postmark Date. Correctly completed voter registration forms postmarked by today on time even if received after 9/28. [48A.9(3)] Friday, September 28 Voter Registration Deadline. All registration forms must be received by the Auditor no later than 5 p.m. unless postmarked on or before September 24. [48A.9(1)] Tuesday, October 9 Primary Election Day, if necessary. A primary must be held for offices with more than two candidates per position to be filled. Polls are open from 7 a.m, until 8 p.m. except as noted below for the regular City election. [49.73,376.6; 376.7] Thursday, October 11 Canvass of Votes by Board of Supervisors [376.7] Monday, October 22 Worry-free Postmark Date. Correctly completed voter registration forms postmarked by today are on time even if received after October 26. [48A.9(3)] Friday, October 26 Voter Registration Deadline. All registration forms must be received by the Auditor no later than 5 p.m. unless postmarked on or before October 22. [48A.9(1)] Tuesday, November 6 Rec~ular City Election Day. Polls open 7 a.m. to 8 p.m. Exception: Polls may open at noon in cities of 3,500 or less and in any city if there is no contest for any office and no public measure on the ballot - unless a petition objecting to shortened hours is filed with Auditor. [49.73; 376.1; 53.22(2)] Monday, November 12 Veterans' Day - Holiday observed [1C. 1 (8)] Tuesday, November 13 or Canvass of Votes. Canvass of votes by the Board of Supervisors. If canvass day is a holiday, may be moved to next work day. [4.1 (34); 50.24] Wednesday, November 14 *Signatures required on nomination petitions: District B: 172 At-Large: 157 Petition Questions: 2500 City of Iowa City ! MEMORANDUM DATE: June 4, 2001 ~ - ~'~ TO: City Council FROM: Jeff Davidson, Director of Traffic Engineering Planning RE: City Council request for information: intersection of Jefferson Street and Dubuque Street At a recent City Council meeting, Councilor Pfab requested that the two southbound lanes on the north approach of Dubuque Street at the intersection with Jefferson Street be designated left-turn only from the left lane, and left turn or through movement from the right lane. The right lane presently allows only through movements. This change would allow a dual left turn movement eastbound onto Jefferson Street similar to the intersection of Riverside Drive and Highway 6. Although we have not studied this issue in detail, I am not aware of a significant left turn capacity problem for motorists southbound on Dubuque Street turning eastbound onto Jefferson Street. The difficulty with implementing the double left-turn lane is that such a configuration can only operate under its own protected traffic signal phase. The north approach of Dubuque Street currently operates under signalized operation concurrently with the south approach of Dubuque Street. Introducing a split signal phase to allow the north and south approaches of Dubuque Street to operate separately and thereby permit the dual left-turn lane would introduce additional delay to Jefferson Street. The Dubuque Street/Jefferson Street intersection is currently part of a pre-timed traffic signal network involving several arterial street intersections in this area, and the synchronization of this network would be disrupted by split-phasing the two Dubuque Street approaches at Jefferson Street. My recommendation is to leave the operation of the Dubuque Street/Jefferson Street intersection traffic signal as it exists currently. Please let me know if there is a majority of the City Council in favor of further study of this intersection. cc: City Manager Director of Planning and Community Development Director of Public Works City Engineer Senior Traffic Signal Technician JCCOG Traffic Engineering Planner jw/rnenVjd-jeffdub.c$oc ) ! 06-07-01 / GOODWILL INDURRIES of Southeast Iowa / Goodwill Works. I P 18 May 25, 2001 {., ~ ', Mr. John Sobaski . City of Iowa City 4 ] 0 East Washington Street Iowa City, Iowa 52240 Dear John: Thanks so much for your prompt attention to our request for curb repair and restoration of the traffic signal activator at our First Avenue property this week. We know that this is a busy time of year for you, so we really appreciate your quick response. We also thank your crew for going beyond their usual service responsibility by putting a finishing cut on the entrance ramp. That saved us from calling our contractor back for an extra small job. The camera seems to be working fine and we hope to have directional arrows painted soon so that everyone knows which lane to use to enter and exit. Sincerely, d" o~Watson // / \ Cc: Steve Arkins ~/~ Date: 1 -Jun-01 To: City Manager and City Council From: Dianna Furma~ Subj: Utility Discount Program Statistics - Fiscal Year' 99 Total, FY ' 00 and ' 01 Monthly Water Sewer Refuse Total Accounts Recyling Water Sewer on Discount Water Sewer Refuse Recycling Month Discounts Discounts Program Discount Tax Discount Discount Discount Discount Totsl Discounts FY99 Totals 1522 795 2317 ~ $8,019.87 $402.18 $8,042.58 $9,702.28 $3,105.90 $29,272.81 FY 00 Jul 120 63 183 614.19 30.81 615.93 744.57 238.35 2243,85 Aug 124 66 190 754.99 37.95 725,30 738.00 252.00 2508.24 Se~ 130 75 205 600.33 30.29 576.72 498.15 170.10 1875.59 O~ 134 75 209 846.57 42.60 609.36 817.94 279.30 2795.77 Nov 137 83 220 893.38 44.89 854.32 836.39 285.60 2914.58 Dec 141 85 226 923.90 46.52 883.20 873.30 298.20 3025.12 Jan 144 89 233 932.03 46.81 891.48 879.45 300.30 3050.07 Feb 143 87 230 1174.20 59.16 1120.21 1196.17 408.45 3958.19 Mar 152 93 245 738.71 37.21 709.66 596.55 203.70 2285.83 Apr 151 90 241 995.12 50.02 952.08 931.72 318.15 3247.09 May 154 96 250 997.15 50.31 954.04 934.80 319.20 3255.50 Jun 158 95 253 1003.27 50.53 959.89 922.50 315.00 3251.19 Totals 1688 997 2685 $10,473.84 $527.10 $10,052.19 $9,969.54 $3,388.35 $34,411.02 FY 01 Jul 120 61 181' $856.74 $43.19 $819.13 $876.37 ;299.25 $2,894.68 Aug 124 70 194 $855.68 $42.77 $779.03 $765.67 ;261.45 $2,704.60 Sept 139 75 214 $891,52 $44.65 $811.82 $790.27 ;269.85 $2,808.11 O~ 138 80 218 $965.44 $48.39 $879.48 $860.99 ;294.00 $3,048.30 Nov 142 81 223 $987.84 $49.65 $899.98 $857.92 ;292.95 $3,088.34 Dec 142 80 222 $996.80 $50.00 $908.16 $867.15 ;296.10 $3,118.21 Jan 143 84 227 $999.04 $49.91 $910.22 $891.74 ;304.50 $3,155.41 Feb 143 84 227 $1,041.60 $52.20 $949.16 $891.75 ;304.50 $3,239.21 Mar 146 86 232 $1,032.64 $51.72 $940.96 $885.60 ;302.40 $3,213.32 Apr 146 90 236 $1,068.48 $53.53 $973.76 $907.12 ;309.75 $3,312.64 May 147 91 238 $1,061.76 $53.14 $967.60 $904.05 ;308.70 $3,295.25 n Totals 1530 882 2231 10,757.54 539.15 9.839.30 9,498.63 3,243.45 33,878.07 cc: Kevin O'Malley UTILDIS00.XLS6/1/200112:16 P *Renewals fordiscountprogram completed July 2000 BUILDING PERMIT INFORMATION 0~~~ May 2001 KEY FOR ABBREVIATIONS Type of lmprovetnent : ADD - Addition ALT- Alteration REP - Repair FND - Foundation Only NEW- New OTH- Other type of construction Type of Use: RSF - Residential Single Family RDF - Residential Duplex RMF - Three or more residential RAC - Residential Accessory Building MIX- Mixed NON- Non-residential OTH- Other Page 1. 2 City of Iowa City Date: 6/1/2001 Extraction 0fBuilding Permit Data for 'To: 5/1/2001 From: 5/31/2001 CellSUS Bureau Report Type Type Permit Number Name Address Impr U~ Stories Units Valuation BLD01-00251 ECONOMY ADVERTISING C 2800 HIGHWAY 6 EAST ADD NON I 0 $1,020,000 18,000 SQ FT ADDITION TO PRINTING FACILITY BLD01-00268 CHRIST THE KING LUTHER, 325 MORMON TREK BLVE ADD NON I 0 $887,900 NARTHEX ADDITION AND RENOVATION OF CHURCH BLD01-00203 IOWA CITY COMMUNITY S( 3850 ROHRET RD ADD NON 1 0 $285,000 2 CLASSROOM ADDITION TO ELEMENTARY SCHOOL I Total ADD/NON permits: 3 Total Valuation: $2,192,900 / BLD01-00278 JASON M IMHOF 511 WESTWINDS DR ADD RMF 1 0 $500 6' X 8' WOOD DECK Total ADD/RMF permits: 1 Total Valuation: $500 BLD01-00228 PATRICIA K & BRUCE M MC 817 E BLOOMINGTON ST ADD RSF 2 0 $28,000 ADDITION TO SFD BLD01-00207 INGO R & KATHY TITZE 2 TRIANGLE PL ADD RSF 0 0 $26,136 3 SEASON ADDITION TO SFD BLD01-00261 MARGARET ANN &JAMES 2 438 2ND AVE ADD RSF 1 0 $9,000 12' X 12' THREE SEASON ROOM BLD01-00249 DEONE A PEDERSEN 1205 PICKARD ST ADD RSF 1 0 $8,000 INSTALL DECK OVER GARAGE BLD01-00243 CHRISTINA STRIMPLE 1306 COLLEGE ST ADD RSF 1 0 $3,500 tINCOVERED WOOD DECK BLD01~00271 JOHN E & JANE A FARRELL 3315 LOWER WEST BRANI ADD RSF 1 0 $3,500 6' X 10' WOOD DECK AND 14' X 20' WOOD DECK BLD01-00231 RICHARD C & ANGELA S C.~ 3512 GALWAY CT ADD RSF 0 0 $2,500 18' x 20' TWO LEVEL WOOD DECK. BLD01-00258 ERIC L ZIRBES & FANG FAN 1352 PHOENIX DR ADD RSF 1 0 $2,500 12' X 14' SCREEN PORCH BLD01-00197 ALAN MARK A HOLTKAMP 310 MELROSE CT ADD RSF I 0 $2,000 16' X 20 RAISED DECK BLD01-00264 AGUSTIN JR & ELVIA RODR 1014 SANDUSKY DR ADD RSF 1 0 $1,600 8' X 16' WOOD DECK BLD01-00248 MATTHEW M TENTINGER 909 N GOVERNOR ST ADD RSF I 0 $1,000 10' X 12' WOOD DECK BLD01-00275 VIRGINIA VOPARIL 812 CHURCH ST ADD RSF 1 0 $700 8' X 14' WOOD DECK Total ADD/RSF permits: 12 Total Valuation: $88,436 BLD01-00202 MGD LC 1600 SYCAMORE ST ALT NON 2 0 $1,969,000 6 PLEX THEATRE ALTERATION OF PORTION OF MALL BUILDING BLD01-00212 MGD LC 1600 SYCAMORE ST ALT NON 1 0 $450,000 INTERIOR MALL NON-TENENT COMMON SPACE WALLS. P ge: 3 City of Iowa City Date: 6/1/2001 Extraction 0f Building Permit Data for 'To: 5/1/2001 From: 5;31;200 Census Bureau Rel3ort Type Type Permit Number Name Address Impr U~ Stories Units Valuation BLD01-00194 MGD LC 1600 SYCAMORE SUITE #1 ALT NON 1 0 $150,000 SHELL SPACE FOR REMODEL BEN FRANKLIN BLD01-00195 CITY OF IOWA CITY 2701 BRADFORD DR ALT NON l 0 $17,000 INSTALL CURTAIN WALL AND EXIT DOOR BLD01-00308 LAURENCE SHORT ETAL 20 S CLINTON ST ALT NON 0 0 $9,000 SOFFIT RENOVATION AND CABINET REPLACEMENT BLD01-00255 CITY OF IOWA CITY 220 S GILBERT ST ALT NON 1 0 $5,000 LIGHTING AND SOUND ROOM FOR STAGE BLD01-00286 MOEN, CHRISTINE M 212 S CLINTON ST RESTAt ALT NON 7 0 $2,800 INTERIOR PLATFORM FOR RESTAURANT BLD01-00208 SLAGER FAMILY PARTNER: 425 HIGHWAY #1 WEST ALT NON 2 0 $0 CONVERT APARTMENT TO OFFICE Total ALT/NON permits: 8 Total Valuation: $2,602,800 BLD01-00277 CHARLES MASON 2025 -27 TAYLOR DR ALT RDF 0 0 $3,000 INSTALL ONE BEDROOM IN BASEMENT OF EACH UNIT Total ALT/RDF permits: 1 Total Valuation: $3,000 BLD01-00237 COLLEGE TOWN PARTNER~ 407 N DUBUQUE ST ALT RMF 2 0 $45,000 INTERIOR REMODEL OF EXISTING 9 UNIT APT. BUILDING. WORK TO INCLUDE NEW DRYWALL, WINDOWS, SIDING, ROOF (CLASS "A"), BLD01-00239 CAMBRIDGE APARTMENTS 1851 MELROSE AVE ALT RMF 0 0 $43,000 WINDOW REPLACEMENT. REPLACE ALL WINDOWS (74) IN EXISTING APT. BUILDING. SAME OPENINGS ARE USED. BLD01-00285 PAUL C SUEPPEL 1014 OAKCREST AVE ALT RMF 0 0 $25,000 VINYL SIDING, WINDOWS AND ONE ENTRY DOOR BLD01-00220 FRANTZ CONST 1492 CROMWELL PL ALT RMF 0 0 $8,491 BASEMENT FINISH OF RMF UNIT BLD01-00266 CHRISTIAN RETIREMENT S] 701 OAKNOLL DR ALT RMF 0 0 $5,000 REMOVE ONE UNIT AND INSTALL RECREATION ROOM BLD01-00276 PAMELA S MICHAUD 613 COLLEGE ST ALT RMF 0 0 $900 BATHROOM FOR RMF UNIT Total ALT/RMF permits: 6 Total Valuation: $127,391 BLD01-00306 KEVIN M & KAREN S LENA 1807 QUINCENT ST ALT RSF 0 0 $21,000 CONVERT SUN ROOM IN TO FOUR SEASON ROOM BLD01-00270 JAMES ALAN HALL & LIND/ 1030 BRYAN CT ALT RSF 0 0 $20,000 BASEMENT FINISH BLD01-00240 CRAIG ZWERLING & NANC~ 229 MAGOWAN AVE ALT RSF 2 0 $13,500 W1NDOW REPLACEMENT IN EXISTING S.F.D. AND CHANGE BEDROOM WINDOWS TO EGRESS SIZED. BLD01-00242 MARYGRACE ELSON 3661 FOXANA DR ALT RSF 1 0 $11,370 INSTALL SCREEN PORCH OVER EXISTING DECK BLD01-00188 JEFF KROEGER CONST. 3670 DONEGAL CT ALT RSF 0 0 $10,000 FINISH BASEMENT P ge: 4 City of Iowa City Date: 6/1/2001 Extraction 0fBuilding Permit Data for 'To: 5/1/2001 From: 5/31/2001 CellSUS Bureau Report Type ' Type Permit Number Name Address Impr Use Stories Units Valuation BLD01-00252 FRANTZ CONSTRUCTION CI 50 PEMBROKE LN ALT RSF 0 0 $9,984 CONVERT BASEMENT TO HABITABLE SPACE BLD01-00317 BRIAN D DENNIS 65 DONEGAL PL ALT RSF 1 0 $7,200 12' X 14' THREE SEASON 1N SCREEN PORCH BLD01-00234 GEORGE E & VIRGINIA M C, 411 TERRACE RD ALT RSF 1 0 $4,400 CONVERT EXISTING SCREEN PORCH TO A WORK SHOP. BLD01-00267 OHRT, HEATHER J 427 CLARK ST ALT RSF 0 0 $2,600 WINDOW REPLACEMENT BLD01-00295 MENDOZA, JENNIFER R 129 OBERLIN ST ALT RSF 1 0 $l,700 INSTALL PATIO DOOR IN WALKOUT BLD01-00246 RYAN L ROONEY & JAMES I 603 S DODGE ST ALT RSF 0 0 $1,500 INSTALL BASEMENT BEDROOM BLD01-00253 THAI Q PHAN & THAO DAN 10 PEMBROKE LN ALT RSF 0 0 $1,261 CONVERT BASEMENT TO HABITABLE SPACE Total ALT/RSF permits: 12 Total Valuation: $104,515 BLD01-00219 JOHN GLASER 62 SUMAC CT NEW OTH 0 0 $25,000 SWIMMING POOL FOR SFD BLD01-00244 SHIRLEY J FOUTS 31 WAKEFIELD CT NEW OTH 0 0 $1,000 8' FENCE BLD01-00269 BRAD A & ANNE M LOHAU~ 2070 MELROSE AVE NEW OTH 0 0 $300 FENCE IN REAR YARD Total NEW/OTH permits: 3 Total Valuation: $26,300 BLD01-00235 LARRY P WATERS 504 E BURLINGTON ST NEW RAC 1 0 $48,000 REMOVE AND REPLACE CANOPY AND PUMPS. BLD01-00312 ANTHONY JAMES GERLIEB 2204 HOLLYWOOD BLVD NEW RAC 1 0 $10,000 30' X 3Y DETACHED GARAGE BLD01-00241 AARON D WINTER 922 6TH AVE NEW RAC I 0 $6,800 20' X 24' DETACHED GARAGE Total NEW/RAC permits: 3 Total Valuation: $64,800 ' BLD01-00273 PLUM GROVE ACRES INC 915/17 SCOTT PARK DRIV] NEW RDF 1 2 $245,000 DUPLEX WITH TWO CAR GARAGES 915 is south unit and 917 is north unit BLD01-00230 PRIME VENTURES L C 1602 RANIER DR NEW RDF 2 2 $219,396 DUPLEX WITH ATTACHED TWO CAR GARAGES. Total NEW/RDF permits: 2 Total Valuation: $464,396 BLD01-00238 ARLINGTON DEVELOPMEN' 315 CAMDEN RD NEW RMF 3 12 $961,906 12 UNIT CONDOMINIUM WITH 20 CAR AND 2-10 CAR DETACHED GARAGES 315, 17, 19, 21, 23, 25, 27, 29, 31, 33, 35, 37 CAMDEN RD. BLD01-00134 LARRY SVOBODA 112 E BLOOMINGTON ST NEW RMF 3 12 $950,489 12 UNIT APARTMENT BUILDING WITH BASEMENT PARKING Page: 5 City of Iowa City Date: 6/1/2001 Extraction 0fBuilding Permit Data for To: 5/I/2001 From: 5/31/2001 CeFISUS Bureau Report Type Type Permit Number Name Address lmpr U__~ Stories Units Valuation BLD01-00147 MANE GATE 2621 HEINZ RD NEW RMF 2 10 $564,079 10 PLEX RMF. BUILDING "B" BLD01-00263 MANE GATE 2645 HEINZ RD NEW RMF 2 10 $564,079 10 PLEX RMF. BUILDING "A" BLD01-00272 VILLAGE PARTNERS DEVEI 1452 CROMWELL PL NEW RMF 1 3 $298,864 THREE UNIT CONDO WITH TWO CAR GARAGES 1452-1456-1460 CROMWELL PLACE Total NEW/RMF permits: 5 Total Valuation: $3,339,417 BLD01-00201 JEROME J & BEVERLY J NE1 108 GREEN MOUNTAIN DI NEW RSF 2 1 $338,514 S.F.D WITH THREE STALL GARAGE BLD01-00236 EDWARD F & MARY S SARR 358 GREEN MOUNTAIN DI NEW RSF 1 1 $196,000 S.F.D. WITH ATTACHED TWO CAR GARAGE BLD01-00232 JEFF KROEGER 3704 DONEGAL CT NEW RSF 2 1 $180,000 S.F.D. WITH ATTACHED THREE CAR GARAGE. BLD01-00298 ARLINGTONDEVELOPMEN' 4937SHEFFELDPL NEW RSF 2 1 $169,455 S.F.D. WITH TWO CAR GARAGE BLD01-00204 LANDSTAR INVESTMENTS ] 753 TIPPERARY RD NEW RSF 2 1 $155,000 SFD WITH ATTACHED 2 CAR GARAGE BLD01-00205 LANDSTAR INVESTMENTS l 713 TIPPERARY RD NEW RSF 2 1 $155,000 SFD WITH ATTACHED 2 CAR GARAGE BLD01-00250 FRANTZ CONSTRUCTION 3633 ELGIN DR NEW RSF I 1 $137,415 S.F.D. WITH TWO CAR GARAGE BLD01-00245 REGENCY BUILDERS 1332 PHOENIX DR NEW RSF 2 1 $132,000 S.F.D. WITH THREE CAR GARAGE BLD01-00229 KEVIN KIDWELL 1255 PHEASANT VALLEY NEW RSF 1 1 $128,510 S.F.D. WITH ATTACHED TWO CAR GARAGE BLD01-00299 ARLINGTONDEVELOPMEN' 608HUNTINGTONDR NEW RSF 1 I $120,000 S.F.D. WITH THREE CAR GARAGE BLD01-00302 ARLINGTON DEVELOPMEN' 4951 SHEFFIELD PL NEW RSF 1 1 $119,836 SFD WITH ATTACHED 3 CAR GARAGE BLD01-00301 ARLINGTON DEVELOPMEN' 654 BARRINGTON RD NEW RSF 1 1 $118,000 S.F.D. WITH THREE CAR GARAGE BLD01-00303 ARLINGTON DEVELOPMEN' 662 BARRINGTON RD NEW RSF 1 1 $118,000 S.F.D. WITH THREE CAR GARAGE I Total NEW/RSF permits: 13 Total Valuation: $2,067,730 BLD01-00274 CITY OF IOWA CITY IOWA 2655 INDIGO CT REP RDF 1 0 $30,000 ,,/ FIRE REPAIR OF DUPLEX Total REP/RDF permits: 1 Total Valuation: $30,000 BLD01-00226 KENT BRAVERMAN 1015 OAKCREST AVE REP RMF 3 0 $30,251 FIRE REPAIR OF RMF TOWNHOUSE LrNIT P~ge: 6 City of Iowa City Date: 6/1/2001 Extraction 0fBuilding Permit Data for To: 5/1/2001 From: 5/31/2001 CelISL1S Bureau Report Type ' Type Permit Number Name Address Impr Use Stories Units Valuation BLD01-00284 ZHU, HONG 2631-1C LAKESIDE DR REP RMF 2 0 $4,230 REROOF APARTMENT BUILDING BLD01-00316 JOAN E PARSONS 315 ELLIS AVE REP RMF 0 0 $800 WINDOW REPLACEMENT IN TWO BEDROOMS IN UNIT #25 BLD01-00292 MILLER, PHYLLIS H 1851 MELROSE AVE REP RMF 0 0 $450 COVER EXISTING SIDING WITH VINYL Total REP/R]MF permits: 4 Total Valuation: $35,731 i BLD01-00265 LEO MASKE 1023 HIGHLAND AVE REP RSF 0 0 $45,000 FIRE REPAIR TO S.F.D. BLD01-00168 REXF&MARTHAEDAWSC 816 ST ANNES DR REP RSF 1 0 $3,772 REPAIR EXISTINF 16' X 18' SCREEN PORCH- REMOVE AND REPLACE l 6' WALL & REPLACE STORM WINDOWS AND INSTALL STORM DOOR ON ANOTHER WALL. EXISTING STRUCTURE DIMENSIONS STAY SAME. BLD01-00257 WOODS, DORIS E 701 NORMANDY DR REP RSF 1 0 $3,000 REPLACE WOOD DECK BLD01-00280 KATHERINE LU 1219 TYLER CT REP RSF 1 0 $1,900 DECK REPLACEMENT I Total REP/RSF permits: 4 Total Valuation: $53,672 GRAND TOTALS: PERMITS: 78 VALUATION: $11,201,588 [I REDEDICATION OF THE JOHNSON IP21 COURTHOUSE By: Sue Feehey '$IeaCye...hear ye... the Honorable D~trict Court is now open pursuant to order" cried the veteran bailiff, J.W. Huff to open the new Temple of justice in Johnson County to the 10,000 visitors following the dedication ceremony on June 8, 1901. Speeches by judges and politicians were given from a platform decorated in red, white and blue and Old Glory was raised 165 feet into the air over the courthouse. Guests enjoyed other events from morning into the evening including the Merchants' Carnival at the anmory, a street parade, a parachute leap from a hot air balloon, a ball game, the fireworks display at the south end of the square followed by a dance in the basement of the courthouse as the grand finale. Plans to build the current courthouse began in 1898 when the third Johnson County Courthouse located on Courthouse Square was condemned. The forty-year-old brick structure was razed and replaced by the awesome two-story building in the Richardson Romanesque style of architecture constructed of hammer dressed Berea sandstone. In 1901, on the south side of the basement there was a 40 ft. x 54 ft. room used for conventions, public meetings and gatherings along with the Sheriff's office. On the north end were the washrooms, the janitor's rooms, two large storage vaults and a large empty room. Wide slate steps with bronze hand railings led up to the first story lobby with its beautiful mosaic floor and marble wainscoting. County offices surrounded the lobby, a room at the west end was used by the Board of Supervisors. The south end offices were for the Clerk of Court and for the Recorder with huge vaults between them. North of the lobby, storage vaults stood between the Treasurer's and the Auditor's offices. A double stairway led to the second story lobby which is decorated with a beautiful, large stained glass dome above the mosaic tile floor. South of the lobby is a large courtroom with two-thirds of the floor space used for the public, seating 200 spectators and the rest of the space used by judges and attorneys for official court business. The interior decorating was described as being quite elaborate with the ornate woodwork stained with an antique oak finish and a small, stained glass dome in the ceiling. The turret room east of the courtroom was used for witnesses. West of the courtroom were the law library, the clerk's room and private offices for judges. To the north of the lobby were the County Attorney's office, a jury room and a large grand jury room, which could also be used as a courtroom, and the offices of the County Supervisors. Since its dedication almost 100 years ago, the building has served continuously as home of the Iowa District Court and to the Clerk of Court. As the courthouse became overcrowded, most county offices have moved into new buildings now known as the County Administration Building or Johnson County Jail. The Johnson County Courthouse Centenary Committee has been formed to organize an event to celebrate the building's 100t~ anniversary. Members are: Co-chaks Hon. Douglas S. Russell and Sue Feehey, Lodema Berkley, Hon. L. Vern Robinson, Mike Scheer, J. Patrick White and Hon. Stephen C. Gerard II. The committee has selected Sunday June 10, 2001 as the date for the celebration. The tentative schedule includes an open house of the Johnson County Courthouse from 1:00 - 2:00, the rededication ceremony with speeches by public officials from 2:00 - 3:00, followed by the open house again until 4:00 and ending with a concert. Contributions large or small are being accepted from individuals, groups and businesses who are interested in co~sponsoring the rededication ceremony and open house. Donations to the CentenaCy Fund may be sent to J. Patrick lF/hite, Treasurer of the committee at JOHNSON COUNTYATFORNEY OFFICE- P.O. BOX 2450- IOFYA CITY, IA. 52244 Another project the committee is working on is collecting photographs, maps, and artifacts relating to the history of the courthouse. The items can be gifted or loaned to the committee to be used as a permanent or a temporary display. The committee is also accepting monetary donations to help defray the cost of framing the historic items that are being collected and to purchase Amana courtroom docks for each of the courtrooms. Individuals will be recognized by having their names included on a donor plaque. Many, many volunteers are needed to make the celebration a success. If you are willing to share your time and talents and serve on a planning committee or a day of the event committee or want to discuss the above information please contact Co-chairperson Sue Feeney at (319) 337-4408. IOWA CITY POLICE DEPARTMENT USE OF FORCE REPORT APRIL 2001 OFFICER DATE CASE # INCIDENT FORCE USED 32 4-05-01 102899 Suicidal subject Officers initiated an involuntary hospital committal for distressed individual. Subject would not comply with officer's verbal commands, threatened to physically assault officers. Subject resisted of~cer's attempts at hands on to guide subject into patrol vehicle. Subject was exposed to chemical agent to gain compliance. 54 4-08-01 103025 Traffic stop During a traffic stop and subsequent investigation, subject was told to remain in a certain location. Subject began to walk away from the area. Officer used hands on to guide subject back. Subjcct became upset and appeared ready to become assaultlye. Officer pinned subject against rear of vehicle and was handcuffed for officer safety. Subject subsequently taken into custody. 17,47,49,96 4-08-01 103034 Traffic stop Driver was performing field sobriety tests and attempted to walk away from officer. Driver was instructed to stop and did not comply. Officerplaced hands on subject to stop and subject pulled away. Officer directed subject to the ground to gain control. Subject struggled with officers and was then exposed to chemical agent. Additional hands on techniques were necessary to control subject while being examined at the hospital for decontamination. 59,36 4-08-01 103040 Traffic stop Driver fled from vehicle. Driver was pursued and officers instructed subject to stop and lie down on the ground. Subject was caught and directed to the ground by officers and handcuffed. 11.60 4-09-01 103062 Weapons Officers responded to a complaint at night regarding subjects on a porch with a possible laser sighted weapon pointing at others. Officers encountered the subjects and told OFFICER DATE CASE # INCIDENT FORCE USED everyone to raise their hands. One subject made a flirtire movement and officers drew sidearms and repeated orders to raise hands. Subjects were found to have laser-pointer and no weapon. 23 4-09-01 103072 Animal Officer dispatched sick raccoon with sidearm. 13 4-12-01 103170 Animal Officer dispatched sick raccoon with sidearm. 41 4-13-01 103185 Arrest Subject was placed under arrest and told to put hands behind back. Subject refused and officer then used hands on techniques to effect handcuffing. Subject would not walk without officer pulling on wrists to move. 56 4-15-01 103265 Animal Officer dispatched sick raccoon with sidearm. 17 4-17-01 103295 Traffic stop Driver was stopped and refused to perform Field Sobriety Tests. Driver also refused to get out of the vehicle. Officer used hands on techniques to remove driver from vehicle. 85,11,36,43,49 4-17-01 103301 Welfare check Members of the Special Response 16,34,38,98 Team deployed three less lethal shotguns and searched a large wooded area for suicidal/homicidal subject. 37 4-19-01 103341 Arrest Officer looking for wanted subject in residence, located subject hiding under a mattress in closet. Officer ordered subject to show hands. When subject refused, officer drew sidearm and ordered subject out. 42 4-18-01 103350 Domestic Investigation Officers were separating both parties and ordered subject to sit in back of police vehicle. Subject refused and officer used hands on to guide subject to the vehicle. Subject became resistive and officer then pinned subject against vehicle and handcuffed. 14,20 4-I9-01 103365 Arrest warrant Officers attempted to serve warrant at suspect's residence. Contact was made through open window with suspect but OFFICER DATE CASE # INCIDENT FORCE USED entry not allowed. Officers forced door and suspect fought with officers. Officers used hands on techniques and took suspect to the floor to gain control and handcuff. Subject continued to resist and was exposed to chemical agent. 11,33,26,19 4-20-01 103402 Fight Officer observed subjects involved in altercation. Officer pulled subjects apart to break up the fight. One subject then refused to show ID. Officer attempted to place subject under arrest and subject became aggressive and non-compliant. Subject was directed to the ground and continued to resist. Subject then exposed to chemical agent. 14,58,51 4-24-01 103579 Suspicious Activity Officer approached subject who then fled. Officer chased and caught subject who then attempted to assault the officer. Subject again ran and was caught and taken to the ground and handcuffed. 31 4-25-01 103601 Missing Juvenile Missing juvenile located and returned to school. Juvenile then fled again and became assaultive when apprehended. Juvenile was handcuffed. 51,13 4-30-01 103793 Welfare check Officers checking condition of domestic assault victim at residence. Victim allowed officers to enter and search for suspect. Officers drew sidearms during search of the residence. CC: City Manager, Chief, Captains, Lieutenants, Training Sergeant, City Clerk, Library 06-07-01 IP23 You are cordially invited to a Bus tour of our rental housing Wednesday, June 13, 2001 7:00 P.M. - 7:45 P.M. Bus will leave from North entrance of Eastdale Plaza 1 700 South First Avenue Iowa City Hosted by: Greater Iowa City Housing Fellowship opening the doors of lowa City 1700 South First Avenue Suite 25B Iowa City, IA 52240 (319) 358-9212 JOHN P IP24 The Management Factored, Credit ratings are complex, a mix of hard num- specific management factors they consider most important in bets and impressionistic, if experienced, judg- making ratings. mont. All three of the major rating agencies-- At the top of both lists was the building up of reserves, espe- Moody's Investors Service, Standard & Poor's cially rainy day funds that would be available if there was an Corp. and Fitch--look at pretty much the same unexpected downturn. Many states and localities have been dill- factors in assigning a government a rating: the local economy, gent in this regard and, as a result, enter the current slowdown financial performance and condition, the debt burden and with a much stronger reserve position. In 1990 and 1991, the structure, and managerial and political factors. No alchemy downturn was severe for both states and localities, as both here. Each of the agencies has its own way of weighting the income and sales taxes plummeted and, with a vengeance that individual factors in coming up with a rating. made up for the lag, property One thing the agencies are agreed upon is that the manage- taxes followed suit. This time ment factor--how well governments plan for, execute and around, fund balances are twice report their financial affairs--is becoming decisive in determin- what they were 10 years ago, ing a rating. This new prominence for management has hap- and states have amassed rainy pened for a good reason: A weak economy, heavy debt loads and day funds, many with "triggers" even poor financial condition have had no value in predicting to govern a doling out of funds. where bond defaults would occur. The only significant credit dif- Also at the top of the agen- ~culties that general governments have had have been due to cies' lists of management fac- bad management. The only general obligation bond default of ~ tors are formal capital-improve- consequence in the past 25 years was Orange County, Callfor- ment plans, debt-affordability nia, which at the time was rated A_A by the agencies. But it analyses and multi-year finan- was unwittingly indulging in speculative investments, with no cial plans. Undergoing the rigor real oversight being exercised by its poorly informed and gullible 11} of scheduling facility needs, elected officials. determining how financing will Orange County was the exception that made the rule. If an affect debt ratios, and having otherwise very strong government could be laid low by bad plans of what to do if things don't work out are significant indices management, while the vast multitude of supposedly weaker of strong management. The often vgluminous documents that credits performed fiawlessly, then maybe management is the result may be doorstops to most people, but they are read and most important factor of all. As a result, the rating agencies understood by the analysts. lt's the self-improvement literature of have been reconsidering the ratings of all general government finance: Governments can set their own mileposts, but the issuers and generally raising them. Thus, a key to improving agency analysts keep score as to how often and well they are met. municipal ratings has been better management practices--an This coming fiscal year will test management's response. When ability to plan ahead, to save and adjust to changing conditions. faced with declining current revenues, governments have four According to Steve Levine of Moody's, "Local governments options. They can draw down fund balances, but blowing all the have been more conservative with the largesse of the recent reserves at the first chilly blast is not good policy. They can reduce spending and postpone new programs until the How well governments plan for, execute g~t situation clarifies itself. They can paper things over with one-shot revenues and finan- and repod their financial affairs is becoming c,ax i.ggh, g, b.to. o .ch Or they can indulge in short-term lx3rcowing, adecisive factor in credit ratings. b.t going into debt to cover an expected rev- enue shortfall is the credit analyst's secular prosperity. They have not been adding to their fixed costs and equivalent to original sin. are more sensitive to the long-term consequences of their In viewing management, the rating agencies realize that gov- actions." ernments need to adjust to changing conditions. The imper- A number of individual factors have been identified by the rant thing is not the incurring of an unexpected deficit. Rather, agencies as indicators of good management. Last year, both Stan- it is how, given fair warning that revenue retake is slowing, gov- dard & Poor's and Fitch published detailed explanations of the emments adjust. The next couple of months will be a huge test to see fithe agencies are right--that governments, as they adopt John E. Petersen can be reached at Government Finance Group/ARD their fiscal year budgets, have become more sophisticated and in Arlinglon, VirginS; gg~lcompuserve.com realistic managers of their finances. [] 64 GOVERNING June2001 Governing.cam From Council Member Vanderhoef (NOTE START * PAGE 3) [ ~o~-ol 5 REGIONAL WORKFORCE INVESTMENT BOARD (RWIB) MEETING APRIL 26, 2001 RVv'IB Board Members Present: Lu Barton, Robert French, Thomas Henry, Robert Marsh, Beryl O'Connor, Doug Peters, Cathleen Real, Dee Vanderhoef. RWIB Board Members Absent: Kenneth Cable, Valerie DeRycke, Linda Kowalsky, Gerald Van Dyke, Suzette WheeleL RWIB Ex-Officio Board Members Present: Dee Baird, Douglas Elliott, A1 Flieder, Steve Lacina, Steve Rackis. RWIB E,x-Officio Board Members Absent: Joe Drahozal, Marilyn McInroy, Joe Raso, Dr. Allen Whitlatch. Guests: Jim Akers, Orville Townsend, Jonathan Ice, Cheryl Bacon, Larry Harmon, Bob Bal, lantyne, Diann Zimmerman. Staff: Mary Ubinas. Presiding Chairperson Dee Vanderho~f called the meeting to order at 10:15 a.m. She announced that Steve Rackis would introduce the guests just prior to their presentation. Presiding Chairperson Vanderhoef asked for a motion to approve today's Agenda. M/S/C Beryl O'Connor, Cathleen Real that the Agenda is approve& Ms. Vanderhoef asked for a motion to approve the March 29, 2001 Minutes. M/S/C Robert French, Cathleen Real that the Minutes stand approved. Under item Correspondence on the Agenda there was none. Steve Rackis introduced Jim Akers and Orville Townsend from the Division of Vocational Rehabilitation. Mr. Townsend started the presentation. He indicated that he supervises the Iowa City office of Vocational Rehabilitation. Mr. Townsend explained that in order for an individual to be eligible for their services the person must have a disability that can be documented so it is especially important that they have all necessary information on the person, particularly their medical history. If it is determined that a person is eligible for their services they start by doing vocational planning with that person. This may include counseling if a person wants to do a job that they cannot perform, e.g., being a carpenter if they have a bad back. Some individuals are job ready and just need assistance in finding a job. Vocational Rehabilitation assists them in obtaining employment and they continue to do follow up with the person after the placement to make sure everything is going smooth. They work with all areas of the population including high school students as well as adults. There is supportive employment for p~rsons with more severe disabilities. Mr. Townsend and Mr. Akers distributed a handout entitled "Division of Vocational Rehabilitation Services" which explains their many services. Mr. Townsend said their focus is on the person's abilities, not their disability. Mr. Akers is supervisor of the Cedar Rapids office. He indicated that Vocational Rehabilitation is a division of the Department of Education. Their primary objective is obtaining jobs for people. Their Mission Statement is: The Mission of the Division of Vocational Rehabilitation Services is to work for and with individuals who have disabilities to achieve their employment, independence, and economic goals. Mr. Akers stated that some of their referrals come from educational institutions, public organizations, hospitals, health organizations, Department of Human Services and self- referral of the individual themselves. Most of the individuals who become employed provide 65% of their own support. In FFY 2000, DVRS successfully rehabilitated 2,562 individuals with disabilities and Mr. Akers indicated in this area they had assisted 292 individuals. There are 14 field offices in Iowa. They have 18 counselors in Cedar Rapids and Iowa City. Mr. Akers distributed a List of Cooperative/Collaborative Efforts with vatious agencies and there were 33 on the list. Some of the occupations that Vocational Rehabilitation has placed individuals in include Service, Professional/Technical/Management, Manufacturing/Industrial, Clerical/Sales, Transportation, Structural Work and Other. The major disabling conditions are psychiatric, oxthopedic, mental retardation, learning disability, heating, brain injuries, and Other categories make up 10.3% of the total. Ms. Vanderhoef asked if there were any questions. One question asked was "what is the average hourly wage at the time the client's case is closed." The response was that is varies from $60,000 a year to others who may make slightly above minimum wage. Ms. Vanderhoef thanked Mr. Akers and Mr. Townsend for their presentation. Steve Rackis introduced Jonathan Ice from the Iowa Department for the Blind. Mr. Ice indicated that he is a teacher. He said that some of the programs and functions of the Department are - Orientation and Adjustment Center, Vocational Rehabilitation, Independent Living Rehabilitation, Library, Business Enterprises, Provisions of special tools, devices and aids, Maintenance of a registry of Iowans who are blind and Dissemination of information about blindness to the general public. Mr. Ice indicated that eligibility requirements are that the person be eligible for Funding under Title IV of the Workforce Investment Act. He said their principal office is located in Des Moines and they have district offices in Cedar Rapids and Waterloo. He said his office is responsible for Linn, Johnson, Cedar, Scott, and Clinton counties. Mr. Ice indicated that his office had made over 160 placements last year and the majority of the jobs paid $11.00 and sometimes more. Mr. Ice indicated they use assertive technology at various work sites to help those individuals who need it in order to perform their job duties. He said that his Department does not close anyone' s case file unless they have been on their job for 90 days and sometimes longer. He also mentioned that the Department for the Blind has a Memorandum of Understanding with Vocational Rehabilitation to forward names of people who need their assistance. 2 Larry Harmon mentioned that the state of Iowa has a much better program for people with blindness than many other states. He feels Iowa's program is excellent. Mr. Ice indicated their Department has been receiving quite a large number of referrals many of them people who am age 65 and over. Orientation sessions are held throughout the state as funding permits. Dee Vanderhoef thanked Jonathan for his presentation. Update on New Employment Opportunities Fund (NEOF). Steve Rackis indicated that to date Region 10 has helped 13 individuals with disabilities through the NEOF grant. Steve also indicated that many other agencies are involved along with Iowa Workforce Development in utilizing this grant. They include but are not limited to Vocational Rehabilitation, Department for the Blind, Options of Linn County, Goodwill Industries, and Craig Woods, Central Point of Coordination for MHDD Services. Steve said he wquld have additional statistical information available at next month's meeting. Work Incentive Grant Application. The State applied for a Work Incentive Grant and Region 10 is proposing to pursue a grant to begin July 1, 2001. The three primary areas in the grant would be Outreach, Training, and Marketing. The training is for staff on working with people with disabilities and working with the agencies that serve persons with disabilities. Both the Cedar Rapids and Iowa City Chambers of Commerce indicated that employers are reluctant to hire persons with disabilities because of special accommodations they may need. Employers need to be educated that many accommodations are not that costly and may be only minor items that are needed to assist the person with the disability to perform the job. It was felt that Proriders to Persons with Disabilities and Iowa Workforce Development need to do more marketing to let employers know of all the services available. Conferences in Iowa City and Cedar Rapids are being planned for Employers, Service Proriders, and Consumers to discuss reasonable accommodations. The RWIB Board could assist by providing input for these conferences. Presiding Chairperson Dee Vanderhoef asked for a motion that the RWIB Board approve pursuing a Work Incentive Grant in Region 10. M/S/C Bob Marsh, Lu Barron that Region 10 pursues a Work Incentive Grant. * Chairperson Lumir Dostat convened the Chief Elected Officials Board at 11:18 a.m. in joint session with the RWIB Board. CHIEF ELECTED OFFICIALS PRESENT: Lu Barron, Lumir Dostal, Henry Herwig, John Bell, Leo Cook, Lyle Hanson, Mike Lehman, John Tibben, Dee Vanderhoef. CHIEF ELECTED OFFICIALS ABSENT: Lee Clancey, Victor Klopfenstein, Bob Stout, James Houser, Ed Sass, Dale Todd. 3 Chairperson Dostal asked for approval of today's Agenda. M/S/C Leo Cook, John Tibben that the Agenda stand approved. Chairperson Dostal asked for approval of the January 25, 2001, Minutes. MdS/C Lu Barron, Leo Cook that the Minutes stand approved. Region 10 Workforce Incentive Act Performance Measures. Bob Ballantyne said there was concern about the level of enrollments and that the Department of Labor wants enrollments increased quickly due to the President talking about reductions in Adult Programs, Dislocated Worker Programs, and Youth Programs. Many states have had problems with low enrollments. There has to be documentation that the individual has a barrier to employment, is a person with a disability, is under-employed, or otherwise is going to have difficulty in obtaining employment. Larry Harmon indicated that the Department of Labor has redefined the regulations more than once and it makes it difficult to keep up with all the changes. Mr. Harmon indicated tha, t the application is being revised and will be shorter which is a definite improvement. He also indicated that this is the first yeas and he believes that next year will go smoother. The new goal is for an individual to obtain employment first if possible rather than having the person attend training. Training would be an option if the person cannot obtain employment without it. State Negotiated Levels of Performance and Suggested Levels of Performance - Region 10 was included in the packet of information mailed to all CEO and RWIB Board members. Mr. Rackis indicated that the CEO Board needed to vote on whether they would accept these Levels of Performance and Suggested Levels of Performance - Region 10. Chairperson Dostal asked for a motion to accept the Negotiated LaveIs of Performance and Suggested Levels of Performance - Region 10. M/S/C Lyle Hanson, Lu Barron to accept the Levels of Performance. Discussion followed regarding the Negotiated Levels of Performance. Mary Ubinas indicated that Iowa Workforce Development negotiated with the DeparUnent of Labor. Since WIA was brand new the only comparison that they felt they had was to use JTPA performance. It may not be exact but was the best example to use. Mary said that some regions wanted to lower their performance measures as recommended by Iowa Workforce Development. However, if performance measures were to be lowered in some regions, performance measures would have to be raised in some regions in order to even out and meet the performance measures that the Department of Labor negotiated with the state. If a region wanted to negotiate a lower performance measure than what was being recommended by IWD, the region would need to show extraordinary circumstances as to why they should be lowered. Mary added that if the state is to meet their negotiated performance with the Department of Labor, all of the regions are needing to meet their performance. Henry Herwig asked about the Customer Satisfaction questions. The Department of Labor has not yet ~nalized the levels of performance but under JTPA if 85% of the goal was achieved it was considered to have been met. WIA may use something similar but it is yet to be decided. 4 Bob Marsh indicated he felt the state gets stalled on credentials and recommended that the RWIB and CEO Boards have input into establishing the credentials. Presiding Chairperson Dee Vanderhoef asked for a motion from the RWIB Board to accept the State Negotiated Levels of Performance and Suggested levels of Performance -Region 10. MJS/C Bob Marsh, Cathleen Real. Draft MOU. Steve Rackis discussed the handout mailed in the packets entitled "Draft MOU Format". Steve said that he proposed that the partners adopt the format used by IWD and Kirkwood. The new MOU's will include the existing Partners' Statement of Services and each partner will describe activities in the following areas. 1. List of existing cooperativeJcollaborative efforts. 2. Which existing cooperative/coIlaborative efforts have been expanded, 9r how they could be expanded/enhanced. 3. A statement of commitment to seek out new opportunities to partner and collaborate. The mandatory partners will continue to work together along with other partners as well. Steve indicated that Options of Linn County now has one person in our IWD office one day per week and the Department for the Blind will start holding Workshops in our building in May. They plan to do this on a regular basis. Mr. Rackis recommended that the Boards again enter into a one year MOU with the partners. Update on Administrative Surcharge. One House amendment was passed that established the surcharge funding at $6.25 million for the next two years with a sunset of June 30, 2002. The Senate has not debated the bill. The surcharge supports the satellite and rural offices and there are offices that could be closed and workers laid off if the Senate does not pass the bill. If the smaller offices were to close that would increase the workload in the region offices. Grant Opportunities - Due Date May 18, 2001. Dee Baird, Kirkwood Community College, indicated that Kirkwood was interested in pursuing a grant to obtain $150,000 for training individuals in the Customer Training Center. One of the goals to is assist human resource professionals in the call center industry to build career ladders in their businesses. Ms. Baird said that a letter signed by the RWIB Board endorsing Kirkwood's grant proposal had to accompany the grant. Since the grant proposal is due 05-18-01 Dee Vanderhoef said a motion would have to be made and approved by the RWIB Board to allow the RWIB Executive Committee to sign this letter if the Board agreed with the grant proposal. M/S/C Lu Barton, Beryl O'Connor that the RWIB Executive Board sign a letter endorsing Kirkwood's grant proposal. Steve Lacina, Cedar County Economic Development, indicated they were proposing to apply for a grant for $75,000 to conduct Job Fairs, do a Business Job Directory, and Business Educator Recognition. The grant would be structured to conduct a survey, which would probably start in Cedar County. Mr. Lacuna said they were still discussing whether to survey the employers with 100 employees or more or to survey all larger employers. Some of the goals they hope to achieve are to identify new businesses, learn about barriers to expansion that a business may experience, or any other problems the business would like to share that they wish help in solving. The grant would need to be implemented by he end of the year. Mr. Lacuna said he needed RWIB Board approval and a letter endorsing their grant proposal. MIS/C Cathleen Real, Doug Peters that the RWIB endorse Mr. Lacuna's grant application. Presiding Chairperson Dee Vanderhoef announced that the next RWIB Board Meeting would be May 31, 2001, 11:00 am - 12:30 pm, at Iowa Workforce Development, 800 7th Street S .E., Cedar Rapids, IA. Cl/alrperson Lumir Dostat announced that the next CEO Board meeting would be July 26, 2001, 11:15 am to 12:30 pm, at Iowa Workforce Development Center, 800 7th Street S .E., Cedar Rapids, IA. Meeting adjourned at 12:30 p.m. Minutes submitted by Judy Landt. Lumir Dostal Dee Vanderhoef Chairperson Presiding Chairperson 6 From C6uncil Member Vanderhoef MII~TES 06-07-01 East Central Iowa Council of Governments L Board Meeting 1:00 p.m. April 26, 2001 - ECICOG office 108 Third Street SE, Cedar Rapids, Iowa MEMBERS PRESENT Dee 17anderhoe, f-lowa City City Council Tom Tjelmeland-Mayor of Ely · EdBrown-MayorofWashington David Vermedahl-Benton County Supervisor Mike Lehman-Johnson County Supervisor Henry Herwig-Coralville City Council Leo Cook-Jones County Supervisor Ed Raber- Washington County Citizen Charlie Montross-lowa County Supervisor Rod Straub-Iowa County Supervisor Dennis Hansen-Jones County Citizen MEMBERS ABSENT Gary Edwards-Iowa County Citizen Dale Todd-Cedar Rapids Commissioner Marc Greenlee-Benton County Citizen Bob Stout- Washington County Supervisor Lu Barron-Linn County Supervisor James Houser-Linn County Supervisor Ann Hearn-Linn County Citizen David Cavey-Mayor of Olin Don Magdefrau-Benton County Citizen Carol Casey-Johnson County Citizen ALTERNATES PRESENT - None OTItER'S PRESENT - None STAFF PRESENT Doug Eiliott-Executive Director Gina Peters-Administrative Assistant Jennifer Ryan-Planner Lisa Garlich - Planner Jim Nehring-Joint-Purchasing Coordinator Marie DeVries-Solid Waste Planning Coordinator Robyn Jacobson- Transit Administrator David Correia-Planner Chad Sands-Planner 1.0 CALL TO ORDER The meeting was called to order by Chairperson, Dee Vanderhoef at 1: 14 p .m. .1 Recognition of Alternates - None .2 Public Discussion - No~e .3 Approval of Amended Agenda M/S/C (Hansen/Raber) to approve the agenda. All ayes. 2.0 ROUTINE MATTERS .1 Approval of Minutes (March 29, 2001) M/S/C (LehmardHerwig) to approve the minutes as written. All ayes. .2 Preceding Month's Budget Reports/Balance Sheets Elliott gave an overview of the March financial statements. Quarterly departmental statements were included in the board packet. M/S/C (Cook/Tjelmeland) to receive and file the March financial statements for audit. All ayes. 3.0 AGENCY REPORTS .1 Chairperson's Report Vanderhoef announced that she was recently appointed by the IDOT to the Public Coordination Council for Public Transit. .2 Board Members' Reports - None .3 Director's Report Elliott told the board that there was discussion about possibly meeting on a quarte~y basis at Iowa Workforce Development to coincide with the RWIB and CEOs, which meet before the ECICOG board. .4 Joint-Purchasing Report Nehring told the board that the vehicle bid was not ~nalized but bids for printers, gloves and office supplies were open to participating entities. .5 Community Development Report Sands announced that the City of Cedar Rapids is hosting a zoning workshop on May 24 at Cedar Rapids city hall from 1:00 to 4:30 p.m. (handout) Raber asked about the transportation workshop to be held in Iowa City. Vanderhoef stated that the alternative transportation conference will be held on Friday and Saturday at the Sheraton in Iowa City. Elliott told the board that applications were sent to FEMA on behalf of volunteer fire departments in the cities of Millersburg, Tif~n, Oxford and Anamosa. .6 Housing Report Elljolt told the board that Mulcahey was a presenter at the NAHRO Conference that was held in Iowa City last week. Ellloft also told the board that Mulcahey and Rump are at the ECICOG office giving presentations to members of the Linn Area Clerks Association. Raber asked if the vacated housing position would be filled. Elljolt stated that it would not be filled at this time and that the work had been distributed throughout the housing and community development departments. .7 Solid Waste Report DeVries handed out information on a home in Belle Plaine that would be eligible for purchase and rehabilitation through the GRO Program. (attached) The home would be purchased with HUD funds that are only available to homes in Benton and Iowa Counties. Cook asked what will be done with the home once it is rehabilitated. Elljolt stated that it be sold to someone of low to moderate income and the sale proceeds would be used to purchase another home. Discussion followed. M/S/C CRaber/Herwig) to authorize the Executive Director to sign an offer to purchase the home in Belle Plaine up to the list price of $45,700 for the GRO Program. All ayes. DeVries gave an update on the bottle bill and noted that the original bottle bill would not change this year. She also told the board that she Would be applying on behalf of the region for Waste Tire Funds. M/S/C (Cook/Herwig) to authorize the chair to sign the resolution for FY02 Waste Tire Funds. All ayes. .8 Transportation Report Jacobson told the board that the IDOT is requesting that ECICOG hold a second public hearing for the FY02 Consolidated Transit Application. The IDOT is requiring this year that the cost and federal participation for each capital item be noted. 2 M/S/C CRaber/Hansen) to set a second public hearing date of May 31, 2001 for the FY02 Consolidated Transit Application. All ayes. Jacobson told the board that the Transit Sub-Committee will give a presentation to the board at the May board meeting. She asked the board to approve a 60-day extension to the transit providers' current contracts to allow for possible Transit Sub-Committee recommendations that could not be implemented before the contracts expire. Discussion followed. M/S/C (Herwig/Raber) to grant a 60-day extension to the transit providers' contracts to allow for possible recommendations from the Transit Sub-Committee to be implemented. The contracts would expire on August 31. All ayes. Jacobson will inform the providers of the extension at the May 10 TOG meeting. The Transit Sub-Committee will meet following the board meeting. Elliott told the board that part of the legislature's budget proposal was to reduce state transit assistance by about $1.7 million dollars for FY02. The Govemor's recommendation was to reduce assistance by $660,000. Legislators in the region have been contacted by ECICOG and board members are encouraged to contact them as well. Discussion followed. 4.0 COMMITTEE REPORTS .1 Executive Committee - None .2 Personnel Committee - None .3 Budget Committee - None .4 Transit Operator's Group The next meeting will be on May 10. .5 Solid Waste Technical Advisory Committee Minutes from the last meeting were included in the board packet. .6 Ad Hoc Committee Reports Herwig indicated that the Transit Sub-committee would be making its report to the board in May. 5.0 IOWA INTERGOVERNMENTAL REVIEW SYSTEM M/S/C (Brown/Cook) to approve all Intergovernmental Reviews with a favorable review. All ayes. 6.0 OLD BUSINESS .1 Approval of Expenditures M/S/C (Hansen/Montross) to approve payment of expenditures. All ayes. 7.0 NEW BUSINESS Straub asked if anyone knew the status of the property tax limitation bill. Raber stated that he thought it passed the senate yesterday. 8.0 NEXT MEETING: May 31, 2001 The meeting adjourned at 1:54 p.m. Lu Barron, Secretary/Treasurer May 3 I, 2001 Date 3 Iowa Child up and toddling? 06-07-01 Marian Karr ~ From: Carol DeProsse [cdeprosse@earthlink. net] Sent: Friday, May 25, 2001 12:08 PM To: JCNEWS@yosennite.leepfrog.corn Cc: jpwhite@co.johnson.ia.us; cthompso@co.johnson.ia.us; mlehrnan@co.johnson.ia.us; sstutsrna@co.johnson.ia.us; pharney@co.johnson.iaus; tneuzil@co.johnson.ia.us; tjneuzil@msn.com; carolt@inav.net; Jim Fausett; Harry Herwig; John Weihe; Diana Lundell; Dave Jacoby; Jean Schnake; 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; mary_mascher@legis.state.ia.us; vicki_lensing@legis.state.ia.us; joe_bolkcom@legis.state.ia.us; barry_brauns@legis.state.ia.us; ro_foege@legis.state.ia.us; richard_rnyers@legis.state.ia.us Subject: JCNEWS: iowa Child up and toddling? Today's Press Citizen has this incredible article on the Iowa Child Project. It is written by an otherwise pretty good journalist Brian Sharp, who seems to have lost his crackers on this topic (or been directed to by his overseers.) Just for starters, read some of these paragraphs talking about the architect who will design the project (despite the fact that he has been working with Iowa Child for more than five years, and despite a fancy architectural model on display at the Coralville Civic center, there apparently is no design for the project). Emphases are mine: Seated in the Iowa Child Institute's second-floor Fifth Street conference room, the sharply dress Boston- native spoke quickly and with childlike excitement about the concept, his hands sweeping through the air to accentuate a point or illustrate the images his words could not explain. IS IT ANY WONDER THAT PEOPLE OPPOSE THE GROSS EXPENDITURE OF PUBLIC DOLLARS FOR THIS PROPOSED, UNABLE TO BE EXPLAINED PROJECT? Sollogub envision sightseers boarding an elevator below graound and beginning their ascent to the treetops by first viewing the root structures and subterranean life. The elevator could be a curved glass enclosure, he said, scaling a tree while the smells, sotrods and climate change with the altitude. PIPED IN FROM OUTSIDE THE ELEVATOR? 21 stories could be the highest building in the county, but to talk about altitude change does seem bit a stretch. (The enfeebled, asthmatic, and very young will no doubt be expected to wear oxygen masks and carry tanks on their backs in order to handle the change in altitude.) "It's a metaphor," he said of creating an indoor rain forest. "It is not about the rain forest in particular. (DOING A COMPLETE ABOUT FACE FROM EVERY OTHER WORD THAT HAS BEEN UNARTICULATED BY TIlE PROMOTERS OF THIS SCAM.) The rain forest has the largest collection of the world's life. As an ecosystem, 90 percent of that life is in the upper canopies. ..and it is being reduced daily." "We are losing this resource. At the same time, it's applicable to everything else." (We are losing everything else? This is what I usually argue...) Sollogub said he has visited rain forests around the globe. "But I have never been to a place where this project will take us," he said. (Come on, Jackie, even you must find a statement like this to be an incredibly sized piece of gorilla shit.) With Iowa Child, the team faces a region that is tom about the project. Such division is not uncommon, Sollogub said, having faced similar skepticism in projects from Boston to Chattanooga, Tenn. "This project will develop. There is no question about that," Sollogub said. "Ultimately, it will be a reflection of the community." (A wax museum?) 5/25/01 Iowa Child up and toddling? Page 2 of 2 From a group of placards on the conference table, he selects one in which a child kneels on a rock and stares at a puffin a few feet sway in the sea bird's natural environment recreated indoors. "You do all your research, all the technology and you can't beat this puffin," he said. "That's the magic." (Abracadabra, kalamazoo, how we wish we could get rid of you!) 5/25/01 Drug stories to read or not Page 1 of 2 Marian Karr From: Carol DeProsse [cdepmsse@eaahlink.net] Sent: Friday, May 25, 2001 12:16 PM To: JCNEWS@yosemite.[eepfmgcom Cc: jpwhite@co.johnson.ia.us; cthompso@co.johnson.iaus; mlehman@co.johnson.ia.us; sstutsma@co.johnson.ia.us; pharney@co.johnson.ia.us; tneuzil@co.johnson.ia.us; ~neuzil@msn.com; camlt@inav.net; Connie_Champion@iowa-city.o~; Ernie_Lehman@iowa-ci~.o~; Ross_Wflburn@iowa- city.org; Dee_Vanderhoef@iowa-ci~.o~; ipfab@avalon.net; Steve_Atkins@iowa-city.o~; Jim Fause~; Har~ Herwig; John Weihe; Diana Lundell; Dave Jacoby; Jean Schnake; ma~_mascher@legis.sta~.ia.us; vicki_lensing@legis.state.ia.us; joe_bolkcom@legis.state.ia.us; bar~_brauns@legis.state.ia.us; m_~ege@legis.state.ia.us; richard_myem@legis.state.ia.us Su~ect: JCNEWS: Drug stories to mad or not The Week Online with DRCNet, Issue #187 -- May 25, 2001 A Publication of the Drug Reform Coordination Network 1 Editorial: Reform Isn't Good Enough This Time http://www.drcnet.org~/wol/187.html#notqoodenouqh 2 Higher Education Organizations Ask Incoming DEA Chief Hutchinson to Review, Reject Higher Education Act Anti-Drug Frovision http://www.drcnet.org/wol/187.html#~celett~r 3 Bill Introduced by Congresswoman Maxine Waters Would Eliminate Mandatory Minimums in Federal Drug Sentencing, Vaporize Crack-Cocaine Disparity http://www~drcnet.org~wol/187!html~watersbill 4 Missouri Governor Signs Asset Forfeiture Reform Bill, Legislature Urges Heightened Ecstasy Penalties http://www.drcnet.org/wol/187.html#missouribills 5 Oxycontin the New Drug Plague? Don't Believe the Hype http://www.drcnet.orq/wol/187~html#oxycontinhype 6 Study Finds Drug Education Programs Ineffective, Plagued By Politics, Author Suggests Involving Educators http://www.drcnet.or~/wol/187.html#cerdstud¥ 7 Syringe Exchange Programs Grow in Scope, Effectiveness, Centers for Disease Control Find http://www.drcnet.org/wol/187.html#cdcreport 8. UN Drug Agency Casts Evil Eye on Australian Safe Injection Room Again htt~://www.drcnet.org/wol/187.html#evile~e 9. British Colun~Dia Marijuana Party Polls 3.5% in Provincial Elections, May Morph Into Multi-Issue "Freedom Party" http://www.drcnet.org/wol/187.html#bcparty 10. Drug Policies for the New Millenium: TLC-DPF Conference to Convene in Albuquerque Next Week http://www.drcnet.org/wol/187~html~newmillenium 11. Action Alerts: Drug Czar Nomination, HEA Drug Provision, Mandatory Minimums, Medical Marijuana 5/25/01 Drug stories to read or not Page 2 of 2 http://www.drcnet.org/wol/187~html#actionalerts 12. Do You Read the Week Online? http://www.drcnet.org/wol/187~html#doyou? 13. Media Scan: TomPaine.com, New Republic, World Net Daily http://www.drcnet.orq/wol/187.html#mediascan 14. The Reformer's Calendar http://www.drcnet.orq/wol/187.html#eventcalendar 15. Job Opportunity: NYC Harm Reduction http://www.drcnet.orq/wol/187.html#jobopportunity 5/25/01 Iowa Child stumbling? Page 1 of 1 Marian Karr From: Carol DeProsse [cdeprosse@earthlink. net] Sent: Friday, May 25, 2001 12:29 PM To: JCNEWS@yosemite.leepfrog.com Cc: jpwhite@co.johnson.ia.us; cthompso@co.johnsonia.us; mlehman@co.johnson.ia.us; sstutsma@co.johnson.ia.us; pharney@co..iohnson.ia.us; tneuzil@co.johnson.ia.us; tjneuzil@msn.com; carolt@inav.net; 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.iaus; vicki_lensing@legis,state.ia.us; joe_bolkcom@legis.state.ia.us; barry_brauns@legis.state.ia.us; ro_foege@legis.state.ia.us; richard_myers@legis.state.ia.us Subject: JCNEWS: Iowa Child stumbling? Then, in today's Des Moines Register, this incredible story: Organizers look at sites for Child Project Supporters of a $290 million simulated rain forest and education complex said Thursday they are looking at other locations besides the piece of land being offered by Coralville City Council. Organizers said they are considering other locations in the Iowa City area. They would not elaborate. The news surprised Coralville officials, who thought they had landed the project. "My understanding, through many discussions with them, was that they were going to be in Coralville, and I'm confident in that," said Kelly Hayworth, Coralville's city administrator. (Guess again, Kel, Mayor Clancy was confident too, until you came along.) IS THIS PROJECT THE JOKE OF THE 21st CENTURY or WHAT? First it is to be located in Des Moines, then in Cedar Rapids, then in Coralville, now in Iowa City. No design (though I have pounds of documents indicating that at one time it had a design); no location (though it has had at least 3); no money; no description; no nothing. For this, our great senator Tom Barkin rustled up a $500,000 taxpayer grant to fund a study of the educational component? 5/25/01 Coralville low on dollars? Page I of 1 Marian Karr From: Carol DeProsse [cdeprosse@earthlink. net] Sent: Friday, May 25, 2001 3:06 PM To: JCNEWS@yosemite.leepfrog.com Cc: jpwhite@co.johnson.ia.us; cthompso@co.johnsonia.us; mlehman@co.johnson.ia.us; sstutsma@co.johnson.ia.us; phamey@co.johnson.ia.us; tneuzil@co.johnson.ia.us; tjneuzil@msn.com; carolt@inav. net; Jim Fausett; Harry Herwig; John Weihe; Diana Lundell; Dave Jacoby; Jean Schnake; 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; mary_mascher@legis.state.ia.us; vicki_lensing@legis.state.ia.us; joe_bolkcom@legis.state.ia.us; barry_brauns@legis.state.ia.us; ro_foege@legis.state.ia.us; richard_myers@legis.state.ia.us Subject: JCNEWS: Coralville low on dollars? Does Iowa Child seek a new site partly because Coralville is not in a financial position to offer the kind of money that it first proposed? Clara Oleson and I strongly suspect that Coralville overreached when it offered up to $30 million to Iowa Child but we are still looking at the financial picture of Coralville and have not reached a definite conclusion. However, if that is the case, and Iowa Child has been told that, then for the Project to seize the initiative and move out of Coralville would save Kelly Hayworth's face (always important.) And when Iowa Child did not find another site and another municipal sponsor it would have to pack its bags and head back to Teddy Townsend's play-mansion in Des Moines. But it would also save face because they could claim "No one else wanted us, boo-hoo, boo-hoo, pass the tissues, mama." Such actions would mean that no one would have to admit they had a project that they couldn't get off the ground, much less in the ground. No private money has been raised to date. The Vision Iowa Board strongly hints that the Project is not going to get funded. Coralville might not have enough money to help out to a significant extent (and the City is committing approximately $350,000 to buy land along the river's edge and they want to expand their golf course to 18 holes, which isn't going to be cheap. These will both place additional dents in the amount of available funds they would have for the ICP.) The project's projected attendance figures place the needed operating revenue in la-la land. No money, no construction. No site, no construction. No construction, no project. And then there's this from today's ICG: He (Sollogub) said both the final plans and the final budget will crystalize in the next few months. kVhether that's going to happen in time for Iowa Child to apply for Vision Iowa state funds is still a question. "We're not tryingto rush it to any goal, other than to make it make sens~e," Sollogub said. Iowa Child told the Vision Iowa Board less than a month ago that they intended to file their long overdue application by September 1. Remember, this project initially planned on filing its application on February 1 of this year and now they don't know if they will have one ready to file a little more than 3 months from now. 5/25/01 Iowa Childers, please read this Page 1 of 1 Marjan Karr From: Carol DeProsse [cdeprosse@earthlink. net] Sent: Saturday, May 26, 2001 8:30 PM To: JCNEWS@yosemite.leepfrog.com Cc: jpwhite@co.johnson.ia.us; cthompso@co.johnson.ia.us; mlehman@co.johnson.iaus; sstutsma@co.johnson,ia.us; pharney@co.johnson,ia.us; tneuzil@co.johnson.ia.us; tjneuzil@msn.com; carolt@inav.net; Jim Fausett; Harry Herwig; John Weihe; Diana Lundell; Dave Jacoby; Jean Schnake; 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; mary_mascher@legis.state.iaus; vicki_lensing@legis.state.ia.us; joe_bolkcom@legis.state.ia.us; barry_brauns@legis.state.ia.us; ro_foege@legis.state.ia.us; richard_myers@legis.state. ia.us Subject: JCNEWS: Iowa Childers, please read this <http://inq.philly.com/coment/inquirer/2001/05/24/local_news/jaquarium24.htm>http:// inq.philly.com/content/inquirer/2001/05/24/local_news/j aquarium24.htm 5/28/01 06-07-01 Marian Karr IP28 From: Carol DeProsse [cdeprosse@earthlink. net] Sent: Tuesday, June 05, 2001 12:09 PM To: jcnews@yahoogroups.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; tjneuzil@msn.com; carolt@inav.net; 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; mary_mascher@legis.state.ia.us; vicki_lensing@legis. state. ia. us; joe_bolkcom@legis.state. ia. us; barry_brauns@legis.state.ia.us; ro_foege@legis.state.iaus; richard_myers@legis.state. ia.us; Jim Fausett; Harry Herwig; John Weihe; Diana Lundell; Dave Jacoby; Jean Schnake Subject: ticnews] Stories to choose from The Week Online with DRCNet, Issue ~188 -- june 1, 2001 A Publication of the Drug Reform Coordination Network "Raising Awareness of the Consequences of Drug Prohibition" Phillip S. Smith, Editor, psmith@drcnet.org David Borden, Executive Director, borden@drcnet.org TABLE OF CONTENTS 1. Editorial: Close Encounters http://www.drcnet.org/wol/188.html#closeencounters 2. Zero Tolerance Policies in Schools Under Attack -- New Report Finds No Evidence It Works, Plenty Showing ill Effects and Racial Bias http://www.drcnet.org/wol/188.html#zerotolerance 3. Czech Experiment With Repressive Drug Laws Under Fire, Reformers Aim Parliamentary Challenge at "Severa ' s Amendment" http://www.drcnet.org/wol/188.html#czechreform 4. New York Marijuana Reform Party Gears Up for City, State Races, Attacks NYC Police Tactics http://www.drcnet.org/wol/188.html#nymrp 5. French Ravers March Against Proposed Law, Street Fighting Breaks Out in Toulouse http://www.drcnet.org/wol/188.html#frenchravers 6. Mexican Congressman Calls for Legalization, Latin America to Unite Against "US-Imposed Drug Policy" http://www.drcnet.org/wol/188.html#gregorio 7. Action Alerts: Waters Bill, Drug Czar Nomination, HEA, Medical Marijuana http://www.drcnet.org/wol/188.html#actionalerts 8. The Reformer's Calendar http://www.drcnet.org/wol/188.html#eventcalendar [Non-text portions of this message have been removed] Marjan Karr From: Caror DeProsse [cdeprosse@earthlinknet] Sent: Wednesday, June 06, 2001 2:53 PM To: jcnews@yahoogroups.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; tneuzi[@co.johnson.ia.us; tjneuzil@msn.com; carolt@inav. net; 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; joe_bolkcom@legis.state.ia.us; barry_brauns@legis.stateia.us; ro_foege@legis.state. ia.us; richard_myers@legis.state.ia.us Subject: [jcnews] Upcoming council election THE UPCOMING COUNCIL ELECTION COMES TO MIND HERE! WE TRIED TO GET CONNIE CHAMPION TO DELETE THIS FROM THE FY2002 BUDGET {she was quoted in a newspaper article as being interested in bringing the topic up for discussion) AND SHE DIDN'T MAKE A MOVE ON THIS IMPORTANT ISSUE. ALSO, LEHMAN AND O'DONNELL STRONGLY SUPPORT THIS GRANT AND THUS THE OPPRESSIVE MEASURES UTILIZED AGAINST OUR MOSTLY YOUNGEST and POOREST CITIZENS THAT RESULT FROM IT'S IMPLEMENTATION. ALL THREE OF THEM WILL BE UP FOR RE-ELECTION THIS FALL should all three decide to run. Opposing candidates put on your running shoes! Rashad posted: The Governor's Office of Drug Control Policy has awarded the Iowa City Police Department a preliminary amount of $48,786.00 for the Edward Byrne Memorial State and Local Law Enforcement Assistance Grant Program. The department's match for this program is $16,262.00 for a total amount of $65,048.00. Monies in this grant are allocated for funding the Narcotics Investigator position, benefits, and investigator overtime. The Governor's Office received a total of 95 applications and of those 69 projects have been selected for funding in Iowa. [Non-text portions of this message have been removed] To unsubscribe from this group, send an email to: jcnews-unsubscribe@yahoogroups.com Your use of Yahoo! Groups is subject to http://docs.yahoo.com/info/terms/ City of Iowa City MEMORANDUM Date: June 1, 2001 To: Mayor and City Council From: Marian K. Karr, City Clerk ~X~'' Re: Starting time for June 11 Work Session It appears there are a number of items, including an executive session, that will consume a considerable amount of time on June 11. The Mayor has suggested we start earlier in the evening. The purpose of this memo is to solicit your input into the possibility of starting at 5:00 or 5:30. If you are unable to attend at the proposed earlier time please let me know ASAP. Unless we hear from you, staff will review agenda items and make a determination next Thursday as to the starting time. The exact start time will be included with meeting information next week. U:Junel 1 .doc Ste. 290 :~f'.. !f... of the towa City City Coun- City, IA 52240 -L,"~.-.'.~',~ United Way of Johnson County cordially invites you to visit our new offices during our Open House and Ribbon Cutting Ceremony Friday, June 8, 2001 3:00-5:00 p.m. (Ribbon Cutting at 4:00 p.m.) 1150 5th Street, Ste 290, Coralvilie, IA 52241-2933 (319) 338 7823 Refreshments will be provided by Panera Bakery-Care City of Iowa City MEMORANDUM Date: June 1, 2001 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: PCRB Ordinance Changes At your work session of May 14th Council was asked to review the present Police Citizens Review Board ordinance and provide input on general points for discussion to my office. In order to provide it in your next packet I'd ask that you furnish me specific sections or questions no later than Tuesday, June 5. I'll compile the list and provide in your June 7 packet for the scheduled discussion on June 11. Input from the Police Citizens Review Board will be available in that packet as well. I've attached a copy of the ordinance for your review. Attachment: City Code 8-8, Police Citizens Review Board 8-8-1 8-8-2 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 pedormance 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 Repod 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: rained". 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 by 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 oc- 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 com- the police 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 Iowa City 8-8-2 8-8-3 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 corn- 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 com- 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 partment 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. (Ord. plaint forms. Assistance may be avail- 97-3792, 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 sumrod- 997 Iowa City 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 corn- 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 selfoincrimination. 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 corn- 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 factua[ 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 corn- 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 em- d. Request additional investigation barrassment 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. Board'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- additional 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 addi- 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 com- 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 prepared by the Board 97-3792, 7-15-1997) shall be used in any other proceed- ings. 4. The Board shall not issue a repor~ 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 respen- 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 8-8-7 8-8-8 of the padies while providing the pub- 2. Following final adoption and publi- lic with information on the overall cation of this Ordinance, the City pedormance of the Police Depart- Council shall appoint members to the ' merit. The Board's annual repod may Board for staggered terms. All ap- also include recommended changes in pointmerits 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: t. On its own motion, by a 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 Couno 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. quiremerit 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 tod 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. (Ord. 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 repod 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 lowa City . IOWA CITY MUNICIPAL AIRPORT 1801 South Riverside Drive Iowa City, Iowa 52246 Office Phone (319) 356-5045 Memorandum / To: Steve Arkins ~ From: Ron O~Neil ~ ~. Date: June 12, 2001 Re: Building K This is a short update on the construction of Building K. It is a nine-unit hangar building built by Selzer Werderitsch Associates (SWA). This is the building that was blown down during construction on March 27, 2000. The building was rebuilt and is now fully occupied. There are some minor roof leaks and SWA has been working on correcting those. The main problem is that when it rains, water runs into the east side of the building. The concrete apron was not constructed according to the site plan. The concrete is supposed to slope away from the building at an even pitch, Steve Miller surveyed the apron for me and the first 18" to 24" near the building are relatively flat. In a couple of places, it slopes toward the building. The west side apron was installed prope~y and does not have this problem. I have been meefmg with Rick Fosse and Andy Matthews to discuss alternatives. The best way to correct the problem is to remove the 220' by 40' apron and replace it with the proper slope. This would, of course, be a substantial cost to the contractor, but it is his problem to correct. Rick has suggested an altemative that may be less expensive. This would include removmg and repladmg some concrete and adding additional drains, That suggestion has been given to SWA and we are waiting for a reply. If SWA would like to remove and replace the 24" of concrete closest to the building and install a metal grate the length of the building, it may solve the problem. We would not relieve them of their liability fithat solution did not work. It is their decision on what to do to correct the drainage problem. The Commission has not accepted the building and will not accept it until this problem is corrected. For a variety of reasons, correcting the problem as soon as possible is very important. Cc: Airport Commission Andy Matthews, Assistant City Attomey Sue Dulek, Assistant City Attorney