The URL can be used to link to this page

Home My WebLink About2001-10-08 Correspondence file:///Untitled To: Mayor Ernie Lehman I rom:JohnNe Subject: Johnson County Jail Statistics Enclosed is a summary table for the year 2000 jail statistics. There are also some graphs showing the variation ofbooking rates by charge class. The population of a jail depends on two factors the intake rate, given by the number of bookings per year, and the average length of stay. These two factors were computed for four charge classes, and for each of the agencies that book persons into the jail. The charge classes are OWl (operating while intoxicated), 1NTOX (public intoxication), CSV (controlled substance violation), and all other charges. In order to target the specific sections contributing to the overcrowding of the jail, I divided the jail into six sections, female, male, sentenced, non sentenced with a length of stay less than one day, and non sentenced with a length of stay greater than one day. I used the term non sentenced because it includes pretrial prisoners as well as those held for other reasons. The prisoners held for other reasons are a substantial fraction of the total. Non sentenced prisoners with LOS < 1 day are being held until they make their initial appearance before a magistrate. In most cases such prisoners are released after posting bond or on their own recognizance. The average length of stay for such prisoners is about eight hours. LOS < 1 day prisoners do not contribute to long term overcrowding of the jail unless they are transferred to another section of the jail. A very large fraction of these prisoners are in the 18 to 25 year age range, but not all of them are students, and not all of them live in Johnson County. Between 40 - 50% of these prisoners have been in the Johnson County Jail more than once. Short term overcrowding is weekend and event driven. The jailers have improvised solutions to short term overcrowding. All females are held in cell blocks E & F which have four and eight beds respectively. After we started to move prisoners to the Linn County Jail cell block E was transferred to the female part of the jail resulting in a substantial reduction in overcrowding of female section of the jail. Males with LOS < I day are held in cell block H and in the new holding cell that was created recently. If necessary the medium security LOS > 1 day prisoners in cell blocks D & G are locked down in their cells and short term held prisoners are housed in the commons area of these two cell blocks. This is a technical violation of classification rules but the jail inspector permits it, if the duration of this condition is less than twelve hours. The sentenced part of the jail has room on weekdays, but is overcrowded on weekends because there are many persons who want to serve their two day sentence for OWI on a weekend. To discourage this the Sheriff charges them a $20 booking fee and $20 per night for a total of $60. Many of the prisoners will pay this fee and wait months to get into the jail to serve their sentence on a weekend. Some of these persons may be aft-aid they will lose their job if they serve their sentence on a week day. There is an embarrassment factor as well, in that they may not want to explain to their co workers why they were not at work. Male sentenced prisoners are housed in a minimum security cell block with 16 beds. There are a few sentenced prisoners who are serving long mandatory minimum sentences which substantially increase the average LOS. I of 2 9/29/01 10:00 AM filc:/i/Untfiled A metaphor for the sentenced part of the jail is full cell blocks on weekends and a line of convicts outside the jail waiting to get in. Overcrowding in the sentenced part of the jail has been solved by setting up a waiting list, but as a consequence we have slow punishment in Johnson County. The booking rate into the non sentenced LOS > 1 day part of the jail is low to moderate but the average LOS is very long resulting in serious overcrowding in the male part of the jail. Many of these prisoners are on their way to prison, or on their way back to prison. The male section of the jail contains both maximum and medium cell blocks. The most critical overcrowding occurs in the maximum security cell blocks A, B, & C with 16, 8, and 8 beds respectively. There are an average of 47 maximum security prisoners and 32 beds, giving a bed utilization rate of 147%. This is condition occurs every month of the year, which is why we are housing about 15 maximum security prisoners in the Linn County Jail. The medium security cell blocks D & G are also overcrowded during most months of the year. We anticipate that because of the current crisis with the Iowa Department of Corrections that there will be more long term sentenced and non sentenced prisoners. 2 of 2 9/29/01 10:00 AM Charge Class, Bookings, and Average Length of Stay by Agency for the JOhnson County Jail Female Sentenced Prisoners Charge Class OWI INTOX CSV All Other Total Agency BIB ALOS NB ALOS NB ALOS NB ALOS NB ALOS DC 138 3.01 1 9.46 22 2.18 66 8.66 227 4.60 Male Sentenced Prisoners Charge Class OWI INTOX CSV All Other Total Agency NB ALOS NB ALOS NB ALOS NB ALOS NB ALOS DC 501 3.62 14 6.68 137 3.84 278 14.47 930 6.94 Female Non Sentenced Prisoners LOS < 1 day Charge Class OWI INTOX CSV All Other Total Agency NB ALOS NB ALOS NB ALOS NB ALOS NB ALOS ICPD 225 0.25 114 0.32 70 0.31 149 0.36 558 0.30 JCS 11 0 24 2 0.46 15 0.27 72 0.33 100 0.31 CVPD 17 0 30 7 0.21 12 0°43 50 0.45 86 0.40 UIDPS 32 0 26 28 0.30 18 0.35 7 0.48 85 0.31 IHP 10 0 28 0 0.00 1 0.90 10 0.46 21 0.40 NL&UH 0 0 00 1 0.42 1 0.52 1 0.80 3 0.58 Total 295 0 25 152 0.31 117 0.33 289 0.38 853 0.32 Male Non Sentenced Prisoners LOS < 1 day Charge Class OWI INTOX CSV All Other Total Agency NB ALOS NB ALOS NB ALOS NB ALOS NB ALOS ICPD 657 0 28 883 0 37 218 0.35 684 0.38 2442 0.34 JCS 45 0 35 21 0 37 29 0.36 269 0.46 364 0.43 CVPD 69 0 29 61 0 41 58 0.43 126 0.42 314 0.39 UIDPS 118 0 27 216 0 33 63 0.33 80 0.37 477 0.32 IHP 41 0 36 6 0 37 10 0.53 22 0.31 79 0.37 NL&UH 1 0 64 1 0 82 1 0.55 14 0.43 17 0.47 Total 931 0 28 1188 0 36 379 0.36 1195 0.40 3693 0.35 Female Non Sentenced Prisoners LOS > 1 day Charge Class OWI INTOX CSV All Other Total Agency NB ALOS NB ALOS NB ALOS NB ALOS NB ALOS ICPD 9 24 91 1 1.92 15 11.27 39 8.75 64 11.51 JCS 1 3 57 1 1.59 4 4 20 44 11.16 50 10.26 CVPD 2 4 85 0 0.00 2 10 96 24 23.01 28 20.85 UIDPS 0 0 00 1 1.49 3 2 55 1 12.62 5 4.35 IHP 1 1 62 0 0.00 0 0 00 1 7.15 2 4.39 NLaUH 0 0 00 0 0.00 0 0 00 1 1.76 1 1.76 Total 13 18 39 3 1.67 24 8 98 110 12.78 150 12.44 Male Non Sentenced Prisoners LOS > 1 day Charge Class OWI INTOX CSV All Other Total Agency NB ALOS NB ALOS NB ALOS NB ALOS NB ALOS ICPD 36 12 04 64 12.23 42 17.83 225 21.62 367 18.61 JCS 20 17 01 3 2 58 12 33.69 275 26.31 310 25.76 CVPD ll 5 68 6 15 93 11 15.38 117 34.51 145 30.10 UIDPS 4 5 60 5 4 02 5 7.60 10 14.86 24 9.54 IHP 5 19 02 0 0 00 5 2.95 9 16.19 19 13.45 NL&UH 0 0 00 0 0 00 0 0.00 5 23.96 5 23.96 Total 76 12 55 78 11 61 75 18.34 641 25.82 870 22.74 Abbreviations ALOS Average length of stay JCS Johnson County Sheriff CSV Contolled substance violation LOS Length of Stay CVPD Coralville Police Dept. NB Number of Bookings/year DC District Court NL&UHN. Liberty & U. Heights ICPD Iowa City Poice Dept. 0WI Operating while intoxicated IHP Iowa Highway Patrol UIDPS UI Dept. of Public Safety I~FfOX Public intoxication Demographics of Law Enforcement Agencies Population Served Percent in the 18-44 Agency (in thousands) (1) year age range (4) ICPD 65.22 58.2 JCS 27.31 (2) 25.6 CVPD 15.12 56.1 UIDPS 28.31 (3) 100.0 est. IHP NA NA NL&UH 6.35 46.8 Notes: (1) The population served can be used to compute booking rates per thousand population. (2) This is the population of the rural part of the county and the smaller towns served by JCS. The Sheriff is responsible for execution of arrest warrants anywhere in the county. In such cases the population of the entire county of 111 thousand should be used. (3) This is the 2000 fall enrollment of the University of Iowa. (4) 84% of the jail inmates were in the 18-44 year age range. Johnson County Jail StaListics Johnson County Jail StaListics Boorings for Controlled Substance Violation Bookings forAll Other Charges x 30 i : : : : . : : , , : : ~,, 30-: : : : : · , Johnson County Jail Statistics Johnson County Jail Statistics Bookings for Operating While Intoxicated Booklngs for Public Intoxication ~ -: : : : : : : : : : : : · : : : , : : : FROM & Mrs. Jim Adam :Ave 17 ~t, _.., ~' ELIZABETH KOPPES 1528 CALIFORNIA AVENUE IOWA CITY, IOWA 52240 September 26, 2001 Dear Iowa City Council Member: I artended the council work session on Monday, September 24, and was very disappointed with the reaction to the Nuisance Ordinance. It seems to me that the council does not fully understand why this ordinance is necessary, I thought I would relay my family's experience with a nuisance as a neighbor. I fully support the new ordinance presented by the Neighborhood Council, as I lived by a "Nuisance" for 6 years. The neighbors moved in 1999, but between 1993 and 1999 there was nothing but problems. I went to the Police Department and had them pull the calls to 1522 California Avenue, there were 96 calls from September 1994 through June 1998. Besides these police calls, there were undercover operations and many detectives that visited the house. The police calls varied from welfare checks, burglary, assault, reckless driving, and delivery of warrants. I have attached a copy of the report I received from the police department. I have also retrieved from the property search on the ICGov. org website a listing of complaints filed against this house. There were at least 11 complaints lodged through the housing inspection division. Many of these complaints took the housing department multiple visits to resolve. In September of 1995, a complaint was filed that this house was a rental unit, with no rental permit. The rental permit was issued in 1996, but when it was time to renew it in 1998, there were numerous violations that were never taken care of. The property finally sold in June 1999 and the new owners took care of the violations. This is just one house in Iowa City, how many more are there? How many other people have neighbors like this and do not know what to do or are scared of retaliation? I would bet that there are many more of these situations that exist today. My family is very lucky that the house in question sold to a very conscientious landlord, but how many others are there that have not been so lucky? Sincerely, Elizabeth Koppes 09/25/01 15:48:44 CAD - CFS2 PAGE 1 INC~ CASE# DREP REC LOCATION LOC~ ACCODE TYPE OF CALL DISPO UNIT 94044323 19940912 22:34 1522 CALIFORNIA AV 00PDB PUBLIC ASSIST/DELIVE X 0029 94044373 19940913 7:50 1522 CALIFORNIA CODE6 OUT FOR INVESTIGATI0 0 0003 94044611 19940914 9:11 1922 CALIFORNIA AV 00ATL ATTF~MpT TO LOCATE 0 0012 94054999 19941106 21:11 1522 CALIFOR/qIA AV OOATL ATTEMPT TO LOCATE O 0015 94057512 19941121 20:14 1522 CALIFORNIA AV 00WAR SERVE W~,RPj~qT/CIVIL C 0040 95000643 19950105 12:30 1522 CALIFOPaIA AV 00092 IMPROPER/ILLEGAL P]~ X 0071 95014284 19950325 22:03 1522 CALIFORNIA AV 00TRA TRAFFIC STOPS Z 95016220 000095502559 19950406 16:48 1522 CALIFORNIA AV 01300 ASSAULT K 0049 95026894 19950608 12: 16 1522 CALIFORNIA AV 00011 ANIMAL COMPLAINT/STR N 0077 95033458 19950715 16:49 1522 CALIFOP/~IA AV CODE6 OUT FOR iNVESTIGATIOX 0048 95034522 19950721 20:16 1522 CALIFORNIA AV 00PUB PUBLIC ASSIST/DSLIVE X 0007 95035494 19950727 11:27 1522 CALIFORNIA 00WAR SERVE W~R~T/CIVIL O 0006 95040566 000095506754 19950824 17:43 1522 CALIFORNIA AV 00016 DOMESTIC FIGHT/PAMIL A 0007 95040581 000095506757 19950824 19:33 1522 CALIFORNIA AV 02900 CRIMINAL MISCHIEF K 0003 95042388 19950902 19:08 1522 CALIFORNIA CODE6 OUT FOR IN~ESTIGATIO X 0048 95042319 19950902 12:29 1522 CALIFORNIA AV 00011 ANI~Ju COMPLAINT/STR X 0077 95042878 19950905 12:02 1522 CALIFORNIA AV 00011 ANIM~ COMPLAINT/STR X 0079 95043088 000095507237 19950906 11:59 1522 CALIFORNIA AV 00PUB PUBLIC ASSIST/DELIVE K 0014 95044761 19950913 20:53 1522 CALIFORNIA AV CODE6 OUT FOR INVESTIGATIOX 0028 95044719 19950913 16:59 1522 CALIFORNIA 00W~R SERVE W]~RPJ~NT/CIVIL O 0044 95045749 19950918 13:13 1522 CALIFOPaIA AV 00WEL WELFARE CHECK X 0012 95046199 19950920 15:14 1522 CALIFORNIA AV 00006 BUSY/OUT OF VEH/PEON O 0026 95048345 19951001 0:08 1522 CALIFORNIA AV HSE 00PUB PUBLIC ASSIST/DELIVE X 0082 95049040 000095507706 19951004 20:16 1522 CALIFORNIA AV 00WAR SERVE WARRANT/CIVIL A 0003 95049113 000095507706 19951005 8:32 1522 CALIFORNIA AV 00WAR SERVE W]~aRANT/CIVIL A 0012 95050011 000095508450 19951009 19:56 1522 CALIFORNIA AV/AT ICPD 01300 ASSAULT K 0549 95050363 19951011 19:02 1522 CALIFORNIA AV 00DIS DISTUBERNCE/LOUD PAR D 0034 95051875 000094409637 19951019 18:48 1522 CALIFORNIA AV 00WAR SERVE WARPj~T/CIVIL A 0026 95052890 19951024 19:23 1522 CALIFORNIA AV 00WAR SERVE WARRANT/CIVIL 0 0026 95052976 19951025 9:12 1522 CALIFORNIA AV 00078 ASSIST OTHER AGENCY X 0012 95052979 19951025 9:19 1522 CALIFORNIA AV 00078 ASSIST OTHER AGENCY W 0012 95059270 19951129 21:25 1522 CALIFORNIA AV 00006 BUSY/OUT OF VEH/P]{ON X 0024 99064776 19951231 22:27 1522 CALIFORNIA AV CODE6 OUT FOR INVESTIGATI0 X 0048 96003424 19960120 8:59 1522 CALIFORNIA AV CODE6 OUT FOR INVESTIGATIO X 0001 96005378 19960130 21:08 1522 CALIFORNIA AV CODE6 OUT FOR INVESTIGATI0 X 0028 96005793 19960201 20:13 1522 CALIFORNIA AV 00ATL ATTEMPT TO LOCATE 0 0048 96006067 19960203 10:10 1522 CALIFORNIA AV 0M2SJ MISSING PERSON/JUVEN 0 0092 96010235 19960226 14:54 1522 CALIFORNIA AV 00078 ASSIST OTHER AGENCY X 0043 96011442 19960303 7:27 1522 CALIFORNIA AV 00078 ASSIST OTNER AGENUT X 0006 96015344 19960324 19:55 1522 CALIFORNIA AV CODE6 OUT FOR INVESTIGATIOX 0048 96015476 19960325 16:17 1522 CALIFORNIA AV CODE6 OUT FOR INVESTISATIO X 0048 56021105 1996042200:381522CALiPORNiA AV 00WRN SRRVE ~T/CIVIL O 0005 09/25/01 15:48:44 CAD - CF92 PAGE 2 INC~ CASE~ DREP REC LOCATION LOC~ ACCODE TYPE OF CALL DISPO UNIT 96022424 000096602622 19960429 16:25 1522 CALIFORNIA AV 00WAR SERVE WAR]~]&NT/CIVIL A 0046 96022733 000096603533 19960501 8:t2 1522 CALIFORNIA AV OOWAR SERVE W/~RPJ~NT/CIVIL A 0006 96022893 19960501 21:26 1522 C~IFOR/qIA AV 00WAR SERVE WARP~T/CIVIL O 0014 tlO'08'O'ir 1 Marjan Karr 3f(4) From: PennApts@aol.com Sent: Friday, September 28, 2001 11:54 PM To: council@iowa-city.org Subject: Landlord Committee I heard a bit of the Roy Justice show with Ernie Lehman this a.m. and Ernie mentioned a committee being formed in regard to the recent issues with noise complaints about renters. I do not live in iowa City, but work here as property and office manager of Penningroth Apartments and as manager of City News - both at 113 Iowa Ave. I wonder if I as a nonresident might be considered for the committee to share input of Iowa City landlords. Please respond by e-mail or phone. Thank you, Katie Anthony pennapts@aol.com 351-4310 10/1/01 Marjan Karr From: David Tingwald [tingwald@arthur.avalon.net] Sent: Wednesday, September 26, 2001 5:45 PM To: council@iowa-city.org Cc: Marcia Klingaman; jeff_davidson@iowa-city.org Subject: 73OT Traffic Calming: Please Hold Action TO: Members of the City Council FR: David Tingwald, Coordinator, Northside Neighborhood Assoc. Steering Committee DA: 9/26/2001 The Steering Committee of the Northside Association directs me to send this email to request that council take no action on the Traffic Calming request for block 73OT until our Association has had opportunity to review and react to the most recent staff memoranda on this subject. We have not yet received or had the opportunity to review this staff memo, but we understand that staff have received only 7 responses to surveys sent to alley residents, and may therefore recommend halting review. As you may recall, in correspondence to council our Association had made several specific recommendations regarding survey size and methodology; these recommendations were not reviewed for council when this issue was last considered at a work session, and as public input is not permitted during work sessions we were not able to remind council of them. We anticipate being directed by the Northside Association to ask that you reconsider survey scope and methodology and proceed with traffic calming review, and we ask that you take no action on Traffic Calming in 73OT until we can prepare a formal statement. 10-08-01 Marian Karr 3f(6) From: Julia Sweetser [ic_teacher@hotmail.com] Sent: Sunday, September 30, 2001 7:38 PM To: council@iowa-city.org Subject: OK, Children, let's play fair now Councilors Champion, Kanner, Wilburn and Pfab (in absentia): I hope by now you feel embarrassed by your display of insecurity and jealousy over the proactive efforts of your "neighbor to the west". Your unwillingness to sign even the most diluted display of support for Coralville's efforts to bring a convention center to this area came off as childish and mean spirited. Iowa City has paid lip service to the need for a convention center in this area for decades. Natually, though, it was ONLY lip service and no clear vision or plan to build such a center ever came from the Iowa City administration. It was left to Coralville to actually muster a vision and a means to bring a convention center to this AREA, not just to their CITY. Your actions were parochial and humiliating not only to Ceralville, but to the citizens you represent. I believe you underestimate how citizens view their community - they live, work, shop and eat in the entire AREA, not just a CITY. What helps one, helps all. I fear there will be long term effects from this childish display. What kind of cooperation can we expect from our neighbors if, by some stretch of the imagination, we should ever initiate our own visionary economic development initiative in the future? You were elcted to do what is best for Iowa City and not just vote to further some personal agenda. I trust you will remember that this is a representative democracy, and you were elected to represent the citizens at large. You are making the decisions that affect the future of Iowa City and the surrounding area, those which we could refer in the past as "our neighbors". Just Telling It Like It Is, Julia Sweetser Get your FREE download of MSN Explorer at http://explorer.msn.com/intl.asp Iowa City, IA 52244 ~ (319)338-9696 dm uellet(~ph vsics. n iu. eda September 21,2001 Daily Iowan Little Village City Council of Iowa City ~, Des Moines Register North Liberty Leader City Council of University Heights Iowa City Gazette Solon Economist City Council of Coralville Iowa City Press-Citizen Joe Bolkcom FOR IMMEDIATE RELEASE: SUPPORT OUR MUSLIM COMMUI~ITY: CREATE PEACE ZONES In the wake of ttagedy, many Iowa Citians are concerned about cultural backlash against Muslims. As U.S. President George Bush initiates a global Inquisition, Muslims here in America may feel fnghtened, lonely, terrorized and targeted. "I stand in support of the Islamic community during this time of trauma," states Dawn M. Mueller, an Iowa City resident against military retaliation. "To support my Muslim neighbors, to show my resistance to U.S. war hype, and to demonstrate an alternative to militarism, I have designated my home as a Peace Zone. Any Muslim who feels distressed or intimidated by the anti-terrorist sentiment in this country is welcome to find support and refuge in my home. I urge all peace-loving citizens and businesses to do the same." Mueller, a Unitarian Universalist, has placed on the front door to her home at 1220 Viiiage Rd. a red, white and blue sign beanng the words, "Peace Zone" and "Muslims Welcome," and an image of the dove of peace. "I do this in remembrance of my most cherish mentor, Dr. Mazhar Hasan, Professor Emeritus of plasma and astrophysics at Northern Illinois University. He and his wife are among the kindest, most peaceful persons I know. They worked many years seeking peace and solutions to Third-World poverty, including that of South Africa. Their lifestyle demonstrated that Muslims can bring great good to the world." "We should do our utmost to protect these people. Terror and retaliation do not stop terror. Love and compassion stop hate. As a Unitarian Universalist, I affirm the inherent worth and dignity of every person. This includes the people of the Islamic world." "Americans are expressing their grief by displaying the American flag and colors everywhere. This can be very intimidating to Muslims, who may feel besieged by hatred and militant patriotism. I urge everyone who wishes to express their condolences and love of liberty to display a symbol of world peace." Mueller conceived the idea after re-reading one of her favorite books, The Hiding Place, by Dutch author Corrie Ten Boom. The Christian Ten Boom family utilized their home in Nazi-occupied Holland during World War II to hide Jews and act as a base for war resistance activities. Mueller has also decorated her auto with an antidote to terrorism and anti-American sentiment in the world: red, white and blue emblems of peace and a pica to America, "Operation Infinite Justice = Operation Perpetual Hate & Oppression: Forgive the Third-World Debt and Lift Sanctions Now." Also quoted is the scripture, 1 Thessalonians 5:15, "Return not evil for evil, but be alwc(vs kind to one another and to everyone else." bear Iowa Ci~/Council Members: 200[ SEP 2 7 AH II: 3 2 CI'IY C',LEF~',( I am 50 deeply qlad to hear of the proposal to ben i~{iti~l~in~l~Y~llOVVA corners of ]:owe (::ity's restaurants, at all hours. For me personally. ]: feel triplay in favor of this move, due to: ;t) a secondary asthma condition which gets triggered by air pollutants, 2) ]: am increasingly concerned about what others' health choices (smoking) is doing to my lungs and that of my family's lungs and that of the TOwa C:i~y [majority] folk's lungs who bO NOT smoke, via well studied and proven second-hand smoke's detrimental effects on one and all, and 3) smoke in the air ruins my eating experience by assaulting my smell and taste (and even my EVES') sensings. Often I can escape smoke clouds during the day when passing by a smoker on the street, etc., due to mobility. But when trapped in a restaurant room near smokers, even in an adjacent room (because we all know how smoke travels around, despite the best attempts to ventilate and curb its circulation), ]: feel affected by their choice to contaminate their own lungs. ]:'11 never stop feeling anguish for the small children of smokers, often seen subjected to their parents' smoke-clouds within the area of a restaurant booth or table. ]: know that such 2"d-hand-damage will continue within those families' cars and homes, but can't we give the children (and the rest of us) a break when in a public gathering place such as a restaurant? T applaud the fortitude with which current no-smoke restaurant owners and managers stand by their decision to provide their customers with an unpolluted eating experience. Last week, for example, Mr. Zha (chef-owner of Care Z, a fine new restaurant in the Mini-mall on 1~t Ave. ]:C) stuck to his clear-air standards when a man told him "]: just want coffee, to smoke to" (while he awaited a ride). Mr. Z explained a bit his ben on smoke, and the man got a little edgy, remarking: "]: bet the others won't even notice the smoke!" - to which I (listening from across the room) assured him we would. Now this is a marvelous but fledgling (6 months?) establishment, and Mr. Z could likely use more customers, but he pleasantly refuses to lower his standards by jeopardizing his non-smoking customers' health OR our experience of his amazing creations of Middle-Eastern and American foods. 32 have personally thanked him for his policy and shall continue to give custom to his and other establishments who care about their customers and their own food enough to provide it in a clean environment. Non-smokers tend to have more alert taste-buds and appreciation of flavor - but you know that! 32 dearly hope we can look to a future of across-the-board non-smoked restaurant options here in 32owa Cil7. We've lived here for 15 years and love TOwa City, and have recently turned down a hot job offer in 5an Diego (which is mostly all smoke-free) in order to continue our life here. We've lived in several foreign countries where our request for a 'non-smoking area' in a restaurant is met with amused disbelief -- [which never stopped me from asking anyway] -- and we happily come home to a city that cares! Anyway, thank you for reading this long expression AND adding me to the long list of TOWa City folk who beg you for an across-the-board smoke- ban in all restaurants. Families and individuals by the thousands will benefit from this proactive action on the part of our Council. Thank you, and Please. 5incarely, I~arsha Paulsen Peters 337-5409 Marshamuse~juno.com PEDiATRiC ASSOCIATES OF IOWA CITY & CORALVILLe, LLP ~ ;-~8~)0~ 60. ,,sTjE ERso 269, .oL,oAY .D.FILED IOWA CITY, IA 52245CORALVILLS, IA 52241 319-361'1448 319-33g-1231 2DglOCT-2 AHII:h2 Mayor Ernie Lehman 410 East Washington T,o,~ ~. ,o~E~/_~f.~.~.~. Iowa CiW, ,A 52240 2L~"~%:~o~7~i~P' Dear Mr. Lehman: SHIRLEY B. PAUL, M.D., F.A.A,P. JOSEPH D. BOYSEN, M.D., F.A.A.P. Several years ago we submi~ed this a~icle to the Io~1 sv~.~.,E WADLE - WIGNALL, M.D., F.A.A.P. newspaper, and we are presently resubmiffing it. .,.,~. GARDNER, M.D., F.A.A.P. JILL WALL ALEXANDER, The issue has not changed. We as pediatricians are ~nstantly reminded of the prevalen~ of smoking among young people as we walk into exam rooms where our adoles~nt patients exhibit the stall and discoloration of skin and teeth that smoking produ~s. Impressionable youth emulate what they obse~e. If they eat, work, and socialize in smoking environments, they are yew likely to becom smokers themselves. This happens all the time when non-smoking young mn and women enroll at the UniversiW and move to Iowa CiW.The health hazards of second-hand smoke to workers and patrons of establishments that permit smoking is well known and not controversial. We, as health professionals, parents, and responsible rambets of the communiW suppod the con~pt of smoke-free establishrants for eating and ente~ainment in our communiW. We hope that you and the other ~uncil members, as our elected representatives, feel the same way and will ad responsibly and suppod the smoke-free ordinance that is being proposed. Thank you for acting responsibly regarding the health of Iowa CiW. Joseph Boysen, M.D. Stanley kba~h, M.D. ~~.D. Stephanie Wadle-Wignall, M.D. ~ ~~ Miriam Gardner, ~ ~ Ingrid Goldenstein, M.D. Shirley Paul, M.D. Jill W I Tobacco use is 'a preventable pediatric disease to the health of our youth, has joined [] Tobacco c'os~r~I'~arlies advertise numerous other health and medical their products so that cigarette agencies in calling for measures to . :.' - and macho so that they ctltl entice teens. - Among other things, the Academy young ~eople to begin to use ~hem. ~lev need to, because oveF has called upon pediatricians to ed- ticate and counsel their young patients 1,000 tobhcco users die evem day about the dangers of tobacco use. We and need to be re laced by'new, yottng smokers anTFcheweL~. also support legislation that would promote a smoke-free environment The recent effort in Washington by all public places, ban the advertise- the Food and Drug Administration mentof tobacco products, eliminate (FDA) to regulate'nicOtine is a worthy cigarette rending machines, increase attempt to dislodge the grip of the tobacco taxes and eliminate f~eral tobacco industry on our nation's young subsidies to growers. people. As pediatricians in Iowa City, Parents, grandpi~ents, teachers -- we are very concerned with the, health anyone whose life is touched by ~ child of our nation's youth and hope that -- should join pediatricians in urging some of this publicity Will focus alien- President Clinton and Congress lion on the fact that tobacco use is a support the FDA's plan to regulate pediatric disease. The vast majority of ~ tobacco b~ause of the addictire people who use tobacco begin as properties of nicotine. It is time for an teenagers, and even though many try it ~ ' all-out assault on the industry that so just for kicks, it rapidly becomes a dishonestly portrays itself and its pro- habit that can't be kicked. In fact, most ducts as clean, wholesome and ;'AII- teens who smoke state they don't plan American." It is our hope that mere- to be smokers five years later, but keep users hooked. ' There is a mountain of scientific and bets of this community w~ll heed the ~o.~ 90 p~., ~, ~. o inion ~,.~, research that proves beyond a call and help limit ~he number of The tragedy is that all this is a ploy young people who begin a lifetime of doubt that nicotine is addictire. and by' the tobacco industry. Tobacco · companie~ advertise their ptod~ets so that other ingredients in imoked and addiction with that first puff or chew. that cigarette and smokeless tobacco need to be replaced by new, young smokeless tobacco cause severe health users appear sexy. odependent,, smokers and chewers. These corn- problems including heart disease, lung "cool" and macho so that they can pahies have known fin' years that disease. respirato~ and ear infections entice young people to begin to use nicotine is among the most addicting of and cancer. The American Academy them. They need to, because ov'er all substances, and they control the of Pediatrics which represems 48.000 I O~ labacco users die every day and · amount of nicotine in Iheir pr6duct~ to of this nation's pediatHcians dedicated P c E pII I UP A COMMUNITY AND CAMPUS COALITION TO REDUCE BINGE DRINKING M~m~ September 20, 2001 Ioxva City Ci~ Counc~ Iim Clayton 410 E. Wasigton Io~va CiD'. IA 52242 Mary Suc Coleman Dear Counc~ors, ( 2arolyn f 2 olvm I want to share with you a jogal arncle ~at demonsgates ~e effectiveness of S~ah 11a,,~,~ enforcing no sales to mtomcated persons. In t~s article from the National Pubhc Research Institute, alcohol hcense holders ~vere notified of an upcogg enforcement campai~ agmnst sale to intomcated persons. The campm~ was also l)alc IlcHing pubhcized m the mesa. During the study, pagons ~vho framed intoxication for the exper~ent ~vere refused bar senqce three mes more after the enforcement Phillip I.iJoncs campax~ began then they were before the campai~ started. Refusal of sen'ice, not arrests, doubled imaaHy and then mmtained a 1,gher level of re~sal. SNarly, the Mary Kh~,wassah percentage of DWI's fell 25% dung the campai~. The increase in refusal of senqce was maintained over me. I '2rnic 1 ,chman I xvould encourage you to look at ~e gaphs on pages 5 and 6 of the attached article. Figures 1 and 2 show a dramatic increase m$e nmber of rues a "full" steve Parr, .tt re~sal Of sale ~vas made comp~ed to a "parfal" re~sal, in w~ch the sender · scourages consumption but s~ makes the sale. Re~sal of se~'ice to an l)an I'attcrson into~cated person rose from 17.5% to 54.3% and leveled off at 4100 in a foHoxv up assessment. Table 1. on the costs of DWI crash are also xvorth noting. [ulic Phyc I hope ~s reformation is reassgg and helpful as you congue ~plemennng and [.anc Pluggc evaluagg ~e ~ew oriance. Sincerely, Nan Tretz Jute Phye I Patrick CC: Eleanor D~es 00 Ct rrier Hal, Lrn versttv of Iowa, Iowa City IA 55242,319!335 134o THE EFFECT OF ENFORCEMENT UPON SERVI OF ALCOHOL TO INTOXICATED PATRONS OilFI B.A SpI I: Ot, "- AND RESTAURANTS IOWA Cl'i'r', IOWA A. JAMES MCKNIGHTt and FEDroCK M. STEFF2 INational Public Services Research Institute, 8201 Corporate Drive, Landover. MD 20785, U.S.A.; :University of Michigan, 2901 Baxter Drive, Ann Arbor, MI 48109-2150, U.S.A. (Receit, ed 19 September I992; In reuised form ~_5 March 1993) Abstract--Laws prohibiting the service of alcohol to already intoxicated patrons of bars and restaurants are seldom enforced. Following introduction of an enforcement effort in Washtenaw County, Michigan, observed refusals of service to" pseudopatrons" simulating intoxication rose from 17.5% to 54.3%, declining eventually to 41.0~. At the same time, the percentage of those arrested dank drivers coming from bars and restaurants declined from 31.7% to 23.3%. In a comparison county, refusals of service rose to a significantly smaller extent, from 11.5% to 32.7~, while the percentage of DWIs coming from bars and restaurants showed no significant changes. Service refusals were related to volume of business and numbers of intoxicated patrons in an establishment at the time of observation, while numbers of arrested DWIs was related to the nature of the establishment's clientele, policies, and practices. While enforcement of alcohol service laws offers a potentially cost beneficial means of reducing highway crashes, replicalion across additional jurisdictions is needed. B AC KG R OU N D the numbers of DWIs who come from licensed estab- In 1989, 37% of drivers killed in automobile crashes lishments, it is evident that these legal measures have not prevented intoxicated patrons from being were intoxicated, that is, blood alcohol content served or from leaving. licensed establishments in (BAC) > .10% (FARS 199I). In recent years, in- an intoxicated condition. creased emphasis has been placed upon restricting alcohol at the point of sale as a means of reducing alcohol-related automobile crashes and other unac- Alcohol serve? intervention ceptable consequences of alcohol abuse. Roadside The past decade has seen a major effort to en- surveys disclosed that the leading source of intoxi- courage voluntary compliance on the part of servers cared drivers, accounting for approximately one- of alcohol with laws prohibiting the sale of alcoholic third of them, has been licensed on-sale establish- beverages to intoxicated patrons. Generally referred ments, such as bars and restaurants (Ontario Minis- to as "server intervention," these efforts are imple- try of Transportation and Communication 1980; mented by bartenders, waiters, waitresses, manag- Palmet 1986; Fell 1988; Foss et at. 1990; Voas and ers, and owners, and have been most comprehen- Holder 1993). Breath tests given to patrons leaving sirely described by Mosher et al. (1990). As a means bars and restaurants have shown approximately a of reducing alcohol-involved crashes, intervention third of them to have blood alcohol levels in excess efforts have an advantage over driver-oriented ap- of the legal limit (Werch et at. 1988; Stockwell et al. peals of not relying upon the judgraent of someone 1992). who is already impaired by alcohol. For the past five Except in a few jurisdictions, the service of years, ever-increasing numbers of server education alcohol to intoxicated patrons is prohibited by state programs have been developed and taught. Seven or local law as well as liquor control regulation. In states and many municipalities have enacted laws addition, so-called dram-shop laws in 29 states (25 that either mandate server education directly or ere- by statute, 4 by common law) allow third parties ate conditions that make it virtually a necessity that injured in accidents, resulting from the service of establishments employ trained servers. alcohol to intoxicated patrons, to recover damages Evaluations of server training programs have from licensed establishments (NHTSA 1990). Given shown significant shift toward more responsible ser- vice practices on the pan of both servers and manag- place, sales o[ alcohol to minors engaged in a sting ers of licensed establishments (Russ and Gellet 1986; operation some years earlier dropped from 67% to [~2). Favorable outcomes were, however, largely cared throu~out the U~it~d States, coupled with Hmitcd to those efforts aimed at preventing patrons the g~neBl [~lurc to e~orce laws prohibiting such from becoming intoxicated. Only one of these stud- se~ice, is cause to believe that the introduction o[ ies, ~c~nlght (1988), ex~ined the effects oE s~er an e~orcement cffo~ might yield reductions in s~s ~ducation programs upon s¢~ic~ to ~rcady intoxi- simil~ to thos~ ¢xpe~cnccd in connection with un- cater patrons. ~¢ results wer~ extremdy dlscou~- dcrag~ d~n~ng. ging. Such intervention occu~ed only 5~ ofth~ time before training and 7% o[ the time ~ter pa~icipation . 3~ objectiue in training. ~e objective of the study desc~bed in this r~- The appar¢nt disinclination of even trained po~ was to ~s~ss the ~ccts o[ ¢~orci~g laws pr~ se~ers to inte~en¢ in the consumption of ~cohol hibiting the s~ice o[ ~cohol to intoxicated patrons by ~ready intoxicated p~trons suresis consider- of b~s and restaurants. Specifically, it addressed ation o[ the inccn[ives involved. [ncentives to inter- th~ following questions: ve~e include whatever int~nsic reward dc~v~s from discharging on~'s obligation to ~phold the law and 1. What is the ¢~ect o[ ¢~orccm~nt upon the protect th~ p~btic, ~s w~ll as the ext~nsic rewards s¢~ic= o[ ~cohol to intoxicated p~trons? o[ r~ducing on~'s exposure to ~nanci~ ioss in the Z. What ~pact does any change in se~ice to [o~ of fines/or the se~er and owner ~d possible th~ intoxicated have upon the r~}ativ¢ hum- suspension o[ license. The incentives to continu~ bcrs O[ DW~s coming from bars and r~stau- s~rvicc include the s~rver's prospec[ o[ codronta- rants? t~o~ with th~ p~tro~, with attendant loss o[~at~ity, 5. How do the costs o[ ~orc~m~nt r~lat~ to and th~ own~r's prospect of loslng continued th~ ~stimated cost savings yiddcd by pro- business. jected reductions in ~cohobrdated acci- dents? En/orce~ent o/ GZco~o[ seruice it is obvious from the low incidence o[ int~rvcn- ~ETH ODOLOG Y tion with intoxicated patrons thai incentives to con- tinue se~ice cu~ently outweigh the incentives to Pl~nclothesofficersfrome~orcementagencies intemene. One possible contributor to this imbal- in Washtenaw County, Michigan, entered bars and ance is the ve~ low threat of financial loss from restaurants periodically throughout a one-year pe- fines and suspension due to lack ofedorcement. An fiod to watch for and cite semers found dispensing analysis of citations issued by enforcement agencies alcohol to intoxicated patrons. ~e effects of en- in the jurisdiction where the study about to be de- forcement were assessed through pre-post compa~- scribed took place revealed only two citations for sons of (i) se~ice to "pseudopatrons" simulating sereice of alcohol to intoxicated patrons over a two- visible si~s of intoxication and (ii) relative numbers year period. Sanctions that are not imposed cannot of ariested DWIs coming from bars and restaurants. discou~ge responsible alcohol semite. It appears This study took place in Washtenaw County, Michi- that, with f~lure to efforce the law, the balance gan, with the pmicipation of the Ann Arbor Police of incentives is presently tilted against intervention Department, Washtenaw County She~'s Depart- with intoxicated patrons. merit, and the University of Mic~igan Transpo~a- The potential effects of enforcement upon the tion Research Institute. responsibility of ~cohol sereice can be seen in an area in which e~orcement efforts are fairly com- Enforcement of alcohol seroice laws mon--semice of ~cohol to the unde~ged. ~eusser The independent variable under study was the and Willjams (1~1) found that attempts by youth level of effo~ applied to e~orcement of state laws to putchic beer from retail stores in a city charac- and liquor control regulations prohibiting the sereice tedzed by frequentt"stings" (underage purchase at- of alcohol to intoxicated patrons of bars and restau- tempts ~itiated by the ~lice) were successful ~% ~nts in Michigan. Two levels of efforcement were of the time, as op~sed to an 8~97% success involved. the ~most zero level prevailing prior to personnel hours of enforcement per week over a warning where those violators who would have orb- one-year period by each of the two participating erwise been cited. '- enforcement age.ncies. This added up to one-half a ': "' personnel-year across the county for the one-year AssesSing effect upon alcohol service ~ program, the amount of time that heads of the agen- Since the enforcement effort was directed at cies involved indicated they would be willing to de- servers of alcohol, its most immediate effect should vote undercover enforcement should it prove effec- have been a change in the incidence of alcohol ser- tire in reducing service to intoxicated patrons. vice to intoxicated.patrons. An earlier study had Since the deterrent effect of any enforcement disclosed the need for an average of 1.5 hours of effort requires that the objects of enforcement be observation to witness a request for alcohol service aware of it, three steps were taken to give visibility by an intoxicated patron (McKnight 1991). A more to the effort: a presentation to which the county's uniform and efficient way of assessing server behav- 205 licensees were invited (and which 105 artended) . ior wak to send "pseudopatron" observers into es- during which the law enforcement effort was an- tablishments to exhibit signs of alcohol impairment nounced, explained, and discussed; after-visit re- andtorequestadrink. Proceduresfordatacollection ports to those licensees, who were visited by en- and for training and monitoring pseudopatron ob- forcement officers but not cited, notifying them that servers followed those employed in the earlier study, they had been the objects of enforcement; and media which involved over 1,500 visits to bars and restau- coverage, including feature stories about the en- rants for observations of alcohol service. Candidate forcement effort and its'effects upon individual es- observers participated in a three-hour training ses- tablishments. The efforts to maintain visibility Were sion during which they practiced reigning intoxica- limited to those that would ordinarily be a part of lion wh~e ordering drinks in simulated bar and res- an enforcement effort and were not intended to foern taurant settings. All performances were videotaped a special information program or "campaign." and the three most convincing candidates were se- In addition to informing licensees of the en-. leered. All were males (no females applied) and, forcement effort, a number of steps were taken to falling within the 21- to 25-year age range, were able facilitate enforcement itself. One obstacle to en- to enter almost any type of drinking establishment forcement of prohibitions upon serving alcohol to without appearing to be out of place. Each observer the intoxicated is the subjectivity of the signs by employed a specific approved and well-rehearsed whichserversaretojudgewhetherapatronisintoxi- routine. Visits to speqi~ed drinking establishments cater. From a study of observable impairment signs were assigned by hour and day so that performance reported by McKnight and Marques (1989), seven could be monitored on a spot-checked basis by a signs associated with BACs in excess of .08% were staffmember unknown to them (but able to identii~y selected as the bases nfenforcement, and presented them frqm the videos). to servers through a brochure and a ten-minute The pseudopatron observers visited each of 40 video. In addition to clarifying the nature of illegal randomly selected bars and restaurants in the experi- alcohol service, the specification of impairment mental county on four occasions: preintervention signs aided servers in justifying, to intoxicated pa- phase--the month prior to initiation of the enforce- trons, the need to terminate alcohol service. To aid merit effort in July 1990; warning phase--after the further in getting the support of patrons, tent cards first three months of the enforcement effort; first explainingalcohotservicelawstocustomersinseek- citation phase--after the program had been in effect ing their support were supplied to licensees upon for six months (including three months of citations); request. and second citation phase--after the program had One-half of the enforcement visits were concen- been in effect for one year. The san3e pseudopatron trated upon the ten establishments responsible for observers also visited each of 20 e~tablishments in the greatest number of drinking drivers, as obtained a comparison community, Ingham County (which from reports of arrested DWIs, while the other half includes the city of Lansing) at the same four points was randomly distributed over the remaining estab- in time as the visits in the experimental site. The lishments within Washtenaw County. Following a two sites are similar in character and population, practice frequently used by enforcement agencies but sufficiently distant from one another (80 miles) when intensive enforcement is first introduced. offt- to isolate the comparison community from the ef- cers were required only to issue "warnings" during feels of the intervention. the first three months of the year-long enforcement The observed responses of servers to reigned effort. However, this fact was not announced to the intoxication were categorized as follows: no inter- , licensees, and the only ones who knew about the vention--serving alcohol without comment; partial A. L MCKNiG~T and F. M. S~'~ErF '" i,~tement/on--discouraging further consumption, the pohcies and practices of the establishments but still serving alcohol; refusa/--not serving alto- themselves. Of the three establishments that were waitperson. vention observations to avoid any chance that the interaction might influence study outcomes. The Assessing effect upon drunk driuing interviews were approximately an hour long and One of the two enforcement agencies, the dealt with 53 items of beverage service: use of Wasb. tenaw County Sheriff's Department, routinely nonalcoholic beverages, food setwice, .age identifi- collected information as to the source of the last cation, personnel-management, dealing with intoxi- drink consumed by DWIs prior to their arrest. Th~ cated patrons, and response to alcohol enforcement ' availability of such data allowed the portion of at- efforts. rested DWIs coming from bars and restaurants within the county to be tallied for the year prior to RESULTS initiation of the enforcement program. Collection of the same data over the following year provided Over the one-year period following initiation of information on drink sources over comparable peri- the enforcement effort, officers of the two agencies ods of time prior to and fol ow ng the intervention. involved paid a total of 457 visits to licensed estab- While the data were necessarily limited to arrests lishments throughout Washtenaw County. These outside the city of Ann Arbor, the bars and restau- visits produced 13 citations and I 1 warnings for set- rants frSm which those arrested had most recently vice to intoxicated patrons. Eight of the .warnings come represented the entire County. were issued during the warning phase; the remainder The use of reports by DWIs as to the source of were issued during the citation phase in instances their last drink must be treated with some caution. where officers observed violations but did not be- It is always possible that those arrested for drinking lieve they could make a citation stick. and driving might lie to protect their source. How- . ever, such reports were used by the California De- Refusals of service partment of Alcoholic Beverage Control to enroll The responses of servers to pseudopatrons is estabIishments in a server education program depicted gTapkically it~ Fig. l. The percentage.of (Mosher and WalIack 1979), and there is no indica- observations resulting in refusals of service grows lion that substantial numbers of establishments were sharply from 17.5% prior to initiation of the enforce- incorrectly identified. It is also possible that officers ment effort to 54.3% after the first three months of on DWI patrol shifted their locations in a way that enforcement. Over the next three months, it dropped reduced relative numbers of arrested drivers coming to 47.4%, and after one year to 41.0%. All three from bars and restaurants. Certainly no change in postintervention refusal rates are significantly official enforcement policy occurred. Nor is it likely greater than the baseline rate (×~ -> 12.9; p < .00 I). that officers on DWI patrol were even aware of the Results of observations recorded in the cornpar- alcohol service intervention, since there is rarely ison (Ingham) county appear in Fig. 2. They follow much interaction between traffic services and liquor the same pattern as that observed in the experimen- control in a large law enforcement agency. Never- tal county except that the refusal rates are consis- theless, the potential for unreliable reporting or tently lower during each of the postintervention ob- changingenforcementpracticesmustberecognized. servation periods. While each 'of the first two postintervention refusal rates significantly exceeds Assessing characteristics of establishments that of the baseline rate, (X~ -> 5.5; p < .05), the Stockwell et al. (1992) found the BACs of pa- third does not (X~ = 3-~,; P = .07). It is noteworthy trons leaving licensed premises to be related to char- that the increase in service refusals within both the acteristics of clientele such as occupation, alcohol experimental and comparison sites is accompanied preferences, and previous involvement in drunk by a decline in "partial intervention," that is, steps driving accidents and violations. To permit assess- to discourage drinking. It appears that much of en- ment of such relationships within the present study, forcement's effect was not to increase the ability of visits were made to 37 of the 40 establishments in servers to recognize patron intoxication. but rather the experimental sample. Information sought in- to motivate refusal of service by those who woulc:: cluded not only the characteristics of clientele but othenvise only have discouraged consumption. Pra Warning Cita-I Cite-2 Pre Warning Cite-1 Cite-2 intervention [] Partial · Full Intervention [] Partial Fig. t. Percentage of c~ses in which servers intervened with · Full "pseudopatrons" simulating intoxication: cxpefimenta] county. Fig. 2. Percentage of cases in which servers intcn, cncd with "pseudopatrons" simulating intoxication; comparison county. Given the increase in refusal rates within the comparison site. a critical question is whether those numbers of arrested E~WIs coming from bars and increases match the increases in refusal rates oh- restaurants. served within the experimental community. Com- parisons between the sites discloses no significant Figure 3 displays the percentage of DWI arrest- difference during the preintervention phase (×~ = ees who reported having consumed their last drink 0.6; p -- .42). indicating that any differences prior in a bar or restaurant within the experimental county to introduction of enforcement effort in the experi- (Washtenaw), the comparison county (Ingham), and mental community can be easily attributed to two additional counties that maintain records of chance. Of the differences in refusal rates between drink sources (Kalamazoo, Kent). The one-fourth the two sites over the three postintervention phases, decrease in the experimental county, from 31.7% to the first two differences are significant (X~ -> 4.3; 23.3%, is statistically significant (X~ = 7.5;p < .01). p < .05); while the third is not (×~ = 1.9; p = . 17). None of the other changes even approaches statisti- One of the three pseudopatron observers was cal significance. forced to discontinue after the second data collection phase~ On the basis of interobserver differences oh- Characteristics of establishments served in the first two phases, results from the see- The characteristics of bars and restaurants mak- ond two phases were statistically adjusted to pre- ing up the study sample were analyzed for their serve the comparability of refusal rates across the influence upon alcohol service and the effects of four phases. enforcement. Since the purpose in analyzing charac- teristics of establishments was to help account for any observed differences in the effects of enforce- Sources of DWl merit. analysis involved only those establishments While service refusals provide the most direct making up the experimental site. Neither sample size measure of enforcement's effect, a better measure nordatacollectionproceduresatthecomparisonsite of potential impact upon all vehicle alcohol-ira- was designed to detect the interaction of establish- paired driving would be the changes in the relative merit characteristics with enforcement effects. How- 35 25 20 Intervention [] P re [] Partial · Full · Post Fig. 4. PcrcenLaB¢ of visits resulting in in~.¢rvention by votum¢ o[ business at [hc ~ime of obsc~atioa (¢x~mcn~ FiB 3. Percentage of a~stcd DW[ s coming from b~s and res~au- co~elation of refusals from one data collectio~ ever, as it turned ouL no apparen~ interactions were phase to the nexL Mean in~raciass coff¢iation across{ found between characteristics of establishments and exp¢dment~ establishments was . i3, a nonsigni5- the effects o[ enforcement upon either refusals of cant relationship (p =' .~). E th~ semite m~sais service or DW[ a~csts. Thordote, the study of es- are not a stable ch~t¢nstic of ddnkin~ ¢stabiish- tabiishment characteristics is confined to analysis of mcn~s, there is little hop¢ that they will co~clat~ main efteeLs upon sc~ice r¢fusais and a~ests. with other charact¢~stics of those ¢s~ab[ishments. Attempts to ident~y specific characteristics of Ob~¢~ations of the es~blishment's business bars and restaurants associated with refusals of set- volume a~ the time pseudopatrons requested vice were largely unproductive. Only three of the (Fig. 4) showed si~cant relationships with the 53 su~cy questions dealin~ w[th characteristics of level of se~er responses to pseudopatrons, s¢~ers establishments evidenced relationships with semite bein8 more likely to inte~¢ne when the volume of refusals significant at ~hc .05 teve}, just about what business w~ moderate (between qua~cr and h~ ~ght be expected by chant= alon~. Those items full) than when business volume was at either showed the establishments having the ~eat¢st hum- trem¢. The relationship approached sta~stic~ si~- bet of seaice refusals ~o be (i) more ilkely to require ni~canc¢ when in[¢~ention w~ assessed in terns tha~ cases of questionable age be rcf¢~¢d to maneS- of perc~nt~e of times se~ic~ was refused (F::7: = ors, (ii) less likely to have disciplined or t¢~inated 2.7; p = .07) and was hig~y si~i~cant when as- an employee for illega~ ~cohot semite, and (iii) less scssed in tc~s of inattention iev¢l (Fz.~ = 15.7; likely to have been visited by law ¢~orcement offi- p < .~ ~). It is wo~h notin8 that the same cu~ginear cers in connection with alcohol semite. Whfl~ these relationship between business volume and int¢~¢n- outcomes are consistent with expectation, they do lion level was obs¢~cd in th~ eight-stat¢ ¢v~uation noc provide strong evidence that differences in ilkeli- of server training cited earlier (~cEni6ht ~ 1). hoodofinte~¢ntionar¢associatedwithchamcteds- te~¢ntion ]evel was aZso found to va~ with tics of the estabiishments. presence or absence of ~ready-intoxicated patrons An explanation of the lack of significant role- at the time the pseudopatron obsc~crs were pres- lionships between establishment characteristics and ent. Across the four s~udy phases, the chances service refusals may be found in the low intraciass being intc~cned with were signiScantly when observers saw no truly intoxicated patrons most likely to occur. Similarly, requiring patrons to than when they saw one or more intoxicated patrons attest that their I.D.s are checked, while a responsi- (F~.I2~ = 7.4; p = .01). ble practice, is likely to be characteristic of places While not' a characteristic of establishments populated by youthful drinkers and higher incidence themselves, the clientele who patronize establish- overdrinking. Finally, while use of tent cards and merits have been shown to influence and bear upon provision of free coffee would appear to be steps in the incidence of overdrinking within an establish- the direction of more responsible alcohol service, merit (Stockwell et al. 1992). However, in this study, their association with a high incidence of DWI arrest refusals of service were totally upselated to whether overdrinking may reflect response to the conditions the clientele was primarily white-collar vs blue- likely to produce overdrinking. collar (Fi.037 =- 0.1; p = .76) or whether the estab- A simple division of establishments by charac- fishmerit was classified as "upscale" (lounges and leftsties of their clientele showed those serving a expensive restaurants), "midscale" (family restau- primarily blue-collar clientele to be associated with rant), or "downscale" (tavern, college hang-out)' approximately 2x/2 times the average number of (F4.~ = 1.6; p = .19). DWI arrests as those establishments serving a pri- Study of establishment characteristics also in- madly white-collar crowd (Fl.~70 = 4.8; F4.~ = eluded examining the relationships of such charac- 3.3; p = .03). Taverns and college hangouts were leftsties to the numbers of arrested DWIs coming responsible for 15 times the number of DWIs as from a particular establishment. A col'relation of .72 midscale and upscale establishments (p = .02). The between pre- and postperiod DWI arrests evidenced average number of intoxicated patrons encountered some consistency over time, (p = <.001); DWI in an establishment across all visits failed to corre- arrests proved to be upselated to mean intervention late significantly with the number of DWIs (p = level of establishments (r = -.17; p > .1.5). How- .23). bet of DWIs yielded 11 significant relationships, con- Cost benefit relationships siderably more than would be expected by chance. A major obstacle to enforcement of taws prohib- Establishments that were sources of one or more iting service of alcohol to intoxicated patrons is the drunk drivers during the year-and-a-half prior to and cost of observing for instances of infractions of the following initiation of the enforcement program were law. The total costs of the law enforcement effort characterized by the following practices: selling spe- needed to bring about decrease in alcohol service cial drinks containing more than 2 oz. (.52-.60 ml violations and DWIs from bars that has been de- or gm equivalents) of absolute ethanol (r = .30; scribed was $48,400. The costs of a nationwide effort p = .04), selling doubles and triples (r = .50, p < have been estimated at roughly $45.4 million per .001), collecting for drinks after every round (r = year. Based upon the reduction in arrested DWIs .59, p < .001), selling pitchers of beer (r = .39, coming from bars, Levy and Miller (1992), in a sepa- p < .0I), using tent cards to explain alcohol policies rate report, project the net savings in accident-re- (r -- .29, p = .05), providing free coffee late at night lated costs resulting from an enforcement activity (r = .33, p = .03), not requiring that instances of carried on to the national level to be $4.0 billion in questionable age identification be referred to the costs to the DWIs themselves, and a total of $12.8 manager (r = .41, p < .01), requesting patrons to billion in cost to everyone involved in alcohol-re- attest in writing that their I.D.s were checked (r = lated accidents. Assessment is based upon the .33, p = .03), having received a report of visit from formula: law enforcement agencies (r = -.34, p = .03), requiring immediate termination of service to im- paired patrons (r = .62, p < .01), and offering alter- B = a x b × x x Z ni .,x Ci native nonalcohol beverages (r = .73, p = .03). While these relationships are not entirely incon- where B = benefits from reduced drinking and driv- sistent with expectation, they are explainable. Such ing, a = the proportional reduction in DWIs from practices as selling special drinks, doubles, triples, taverns, = .361, b = proportion of DWIs currently and pitchers of beer, as well as not referring ques- coming from bars and restaurants = .35, x is a factor lionable I.D. to managers and having been visited by that controls for the percentage of alcohol-related the law are all assqciated with irresponsible alcohol incidents that would have occurred in the absence service. While collecting for drinks after every round of alcohol consumption = .853, and ~;niCi = the is a practice intended to discourage overdrinking, it number of DWI incidents in a given year times the may be characteristic of places where drinking is average costs per incident -= $118.3 billion, (the A. J. MCKNIGHT and F. M, STREFF '~~'~:~'~ ' Table 1. Total costs of DWI crashes by'incident severily and cost category N, onfatal Costs for Fatal injury injury PDO vehic|c all cases Medical $ 6,693 $ 4,203 -- $ 4,127M !. Emergency services 930 194 24 218M .. Productivity 6~5,453 7,919 35 19,391M Employer costs 6,679 530 31 23M Administrative 48.337 1 ,~9 127 2,474M Legal 70.9~ 1,703 -- 2,869M Travel delay 387 187 107 543M Prope~y damage 8,059 3,231 I, 157 7,082M MONETARY COSTS $ 807,473 19.244 $1,.~81 S 37,490M Quality of life. $1.977,529 ~,367 -- $ 80,832M COMPREHENSIVE COSTS $2.785.002 67.61! $1,481 $118.322M total comprehensive costs for all DWI crashes). A the incidence of servi~e refusals was greatest when breakout of these costs appears in Table 1. Dividing the volume of business at the time server responses the $12.8 billion dollars by the estimated annual cost were observed fell in the middle range (one-half to of $48,400 amounts to a benefit of $260 for each three-quarters of capacity). For the most part, refus- dofiar invested in erfforcement. Based upon an esti- als of alcohol service to patrons were spread across mated$37.49billioninmonetarycostsalon~reduces the various types of establishments more or less the net benefit to $90 per dollar of enforcement. equally. In arriving at their projected savings, Levy and Several characteristics of establishments Miller assume (i) only those savings resulting from proved t~ be related to the numbers of arrested reduced traffic risks (not including assault, house- DWIs coming from various bars and restaurants. hold injury, and other risks associated with alcohoi Downscale establishments, such as taverns and col- consumption), (ii) the proportion of those refused lege hangouts, evidenced 15 times as many arrested drinks who continue to drink elsewhere is minimal DWIs as did cocktail lounges or restaurants, while (and incalculable), (iii) traffic safety benefits from establishments that catered to a primarilyblue-collaz- refusals of service are confined to reductions of clientele had about2V2times as many DWIs as thos~, those matching BACs in excess of. 10%, (iv) Wash- serving a primarily white-collar crowd. Serving tenaw County is roughly representative of the practices and policies were also related to numbers United States (supporting data are provided in their of DWIs, but not in a simple manner. With those analysis), (v) enforcement involves the same level practices involving the actual service of alcohol, es- of effort as that employed in the Washtenaw County tablishments that were the primary sources of DWIs study, and (vi) the effectiveness of the program, the exhibited the least responsible practices, e.g. selling benefits derived from the study remain the same doubles and triples. or pitchers of beer. However, over extended period of time. they were more likely to report policies intended to protect against overservice of alcohol, such as DISCUSSION stringent age identification practices and measures to encourage immediate termination of service to. The results of the enforcement effort could be impaired patrons. One explanation for these seem- appropriately described as promising. Thethree-fold ingly paradoxical results would be that establish- increase in refusals of alcohol service to the intoxi- ments associated with the high incidence of DWI cared immediately following implementation of the arrests. while giving maximum7 encouragement to enforcement effort represents a large change in the sale of alcohol are, by that very fact, the ones server behavior. particularly in comparison with the most likely to find it necessary to institute policies changes that have resulted from efforts to modify that control for the adverse consequences of exces- behavior solely through training. The one-fourth de- sire drinking. That they are the source of DWI ar- cline (31.7%-23.3%). in the proportion of DWIs rests may be more than the result of the amount of coming from bars is also encouraging. alcohol they sell than their lack of alcohol control The effects of enforcement upon refusals of set- policies. vice and numbers of DWIs proved unrelated to char- Thr~e aspects of the outcome presented make acteristics of the establishments or their clientele. it somewhat less than conclusive. Probably the mos!~. Nor were service refusals themselves directly re- disconcerting result is the extent to which appare~J lated to characteristics of establishments, although changes in alcohol refusals over time within the ex-' Enforcement and sop/ice nf alcohol to intoxicated patrons perimental county parallel those found in a compari- alcohol service enforcement program capable of a son county. if these changes represent the effect of one-fourth reduction in DWIs from bars and restau- some broad influences affecting both counties, then rants ranges from $90 (monetary savings) to $260 the extent of change should legitimately be sub- (total savings) for each dollar invested in enforce- tracted from the apparent impact of the enforcement merit. Obviously, the program would be cost-bene- effort in the experimental community. On the other ~cial, even with benefits much reduced and costs hand. it is possible that the pattern of drink refusals much increased. However, the cost-benefit projet- within the comparison county reflects the effect of tions are based upon observed reductions in the pro- some local influence that just happens to coincide portion of arrested DWIs coming from bars and res- with introduction of the intervention in the experi- taBrants during the study, an outcome subject to mental county. The failure to see a decline in the considerable experimental error. The estimates proportion of arrested DWIs corr~ng from bars and must therefore be viewed as representing potential restaurants in the comparison county suggests that rather than actuality. whatever increased the refusal rate within the 20 ' In summary, simple enforcement of existing establishments in which observations took place did laws and regulations prohibiting service of alcohol to not reduce drinking and driving throughout the already intoxicated patrons of bars and restaurants county. This finding, along with the absence of any represents what appears to be a potentially cost- known circumstance that might have had a region- beneficial way of reducing accidental injury and wide effect upon alcohol service, suggests that the death. However, a conclusive estimate of enforce- results obtained from the experimental county are ment's effect upon alcohol service and alcohol-ira- primarily the result of the enforcement effort taking paired driving awaits replication in other jufisdic- place there and that those changes found in the corn- tions. parison county are attributable to changes specific to that locale. However, alternative explanations Acknowledgements--The work here described was carried out cannot be discounted. under a g~'ant from the National Institute of Alcohol Abuse and A second limitation to the conelusiveness of the Alcoholism (NIAA.AI. The authors wish to acknowledge the con- study described is the extent to which the refusals tribution to this study of Tom Gray of the Ws. shtenaw County Sheriff's Office and John Atkinson of the Ann Arbor Police De- of service tended to wane over time following the partment, who supervised enforcement efforts in their respective initial rise. Such a decline in compliance with a law agencies. Jacqui Gannon supervised the on-site observations iS often seen at following its enactment or a change while Elizabeth A. Langston oversaw the data collection effort. Thanks ate due to A. Scott Tippetts, who carried out all statistical in its enforcement, witness the long-term decline in analyses and Marcia W. Zior Who prepared all printed materials, compliance with the national 55 mph speed limit including the manuscript of this article. Finally. the authors wish after it was enacted following the fuel crisis of 1974. to express their appreciation to Mary L. Ganikos and Susan E. Martin of the NIAAA for their encouragement and assistance. Also contributing to the decline, in this instance, could also be the large turnover among alcohol ser- vice personnel. Maintaining a high rate of compli- ance might require repetition of the workshop and REFERENCES the publicity that aftended it on an annual basis. FARS (Fatal Accident Reporting System). Transportation The third characteristic of the study that under- fatalities 1989. Washington, DC: NationaI Highway mines its cOnelusiveness is the fact that the enforce- Traffic Safety Administration; 1991 merit program took place in only one county. If the Fell, J. C. The need for a muhidisciplinsa'y approach to mere emergence of an enforcement effect in this reduce drink driving and injury. Presentation to the 1 lth National Trauma Symposium, Baltimore, Mary- study is not dependent upon the characteristics of land; 1988. the experimental county, the magnitude of that el- ross, R. D.; Perfine. M. W.; Meyers, A. M.; Musty, R E. ~ feet is very likely to be. We know, for example, that Voas, R. B. A roadside survey in the computer age. the baseline service refusal rate of 17.1% greatly In: Perfine, M. W., editor. International Committee on exceeds that found across eight communities (in- Alcohol, Drugs and Traffic Safety--T-89. Chicago, IL: National Safety Council; 1990. eluding the experimental county) in the study cited Glicksman, L.; Single, E. A field evaluation of server earlier (McKnight 1991), where the overall refusal intervention programs: Accommodating reality. Pre- rate without enforcement was only 7%, even after sented at the Canadian Evaluation Society Meetings. a server education program. The influences that en- Montreal, Canada: Canadian Evaluation Society; 1988. couraged a refusal rate this high in the absence of Howard-Pitney, B.; Johnson, M. D.; Ahman, D. G., Hop- kins, R.; Hammond, N. Responsible alcohol service: enforcement could have helped.foster a response to A study of server, manager. and environmental impact. enforcement that is more salutatory than could be Am. J. Public Health 18(2):197-198; 1991. achieved elsewhere. The estimated benefits from an Levy, D.; Miller, T. A cost-benefit analysis of increased A. J. MC~ZNIGHT and F. M. STREFF enforcement to reduce se~ing ~n~oxic~ted pa~on~, P~mer, ]. W, ~nneso~a roadside su~ey: Alcohol ~s[- B~itimore, ~D: U n~vers[ty of B~t~moce ~nd the U~n tire ddvers. S~nt C~oud, ~H: S~nt Cloud Institute: 1~2. .19~6. McKnight, A. 1. Development and field test of a res~nsi- ~eusser, D. F.; W~li~s, A. F. S~es offlcohol to under- hie ~cohol se~ice prog~m. Washin~on, DC: Na- age purchasers in t~ee New York counties ud Wash- t~on~ Highway Tr~c S~ety Administ~tion; 19~. ington, D.C. ~lin~on, VA: Insunnce Institute for{ McKnight, A. J. Factors influencing the effectiveness of Hi~way S~ety; se~r-imemtnt~on education. ~. Stud. ~cohol Russ, N. W.; Ge~er, E. S. Ev~uation ofa se~er inte~en- 52(5):389-397, 1~1. fionpro~forprevenGngd~nkddving. F~Re~ Mc Knight, A. 1.; M~ques, P. R. Hosl and se~er dete~i- No. DD-3. Blacksbu~, VA: V~nia PoiSechic [nsti- nation of ~cohol intoxication level. Washington, ~: tute and State Un[ve~ity, ~p~ment of Psycholo~; National Highway Tr~c Safety Adm[n~stntion: 1989. · 1986. Molof, M. I.; Kimball, C. Se~er t~ning m~els to reduce Sfltz, R. F. ~e roles of b~ and restau~nts in preventing drying under the influence: An economic study, Eu- ~cohol-imp~red driving: An ev~uat~on of se~er edu- gene, OR: lntegated Rese~dh SedUces, Inc; 1~2: ~t~on, Ev~uafion in He~ ~ofessions Mosher, I. F.; Wallack, L. M. The DU[ project: Adescd~ I987. tion of an expedment~ proem to address drinking- Stockwell, T.; Ryd~on, P.; Gi~nat~, S.; lankis, E.; Oven- driving problems. Sac~mento, CA: Cal~o~ia Depa~- don, C.; S~ed, D. Levels of d~nkenness of customers ment of ~cohol~c Beve~ge Control; 1979. leaving licensed premises in Pe~, Western Austin: Mosher, ]. F.; Delews~, C.; S~, R. F,; Hennessey, M. A comp~son of ~ ud low "risks" presses. Br. Monterey/Santa C~ responsible beve~e project: 3. Addict. 87:g73-agT; 1~2. Final repo~. San R~ae[, CA: M~n Institute for the Voas, R. B.; Holder, ~. Community prevention t~fls to ~evention of Alcohol and Other D~g~oblems; 1989. reduce ~cohol-involved acc~den~ inju~ and death. NHTSA. Digest of state alcohol-highway s~ety related Paper presented at ~e 1~3 annufl meet~g of ~e ~egislation. Ninth edition. Washin~on, DC: National T~ns~ation Res~ch Bo~d, Washin~on, DC, H~ghway T~c S~ety Adminis~fion; I~, 1~3. Ontado Minist~ of Trans~ation and Communication. Werch, C. E.; B~ema, D.; B~, M.; Lee, D. ~o~g The 1979 Ontado roadside BAC su~ey: summ~ re- blood alcohol level and ~cohol consumption dam in po~; Ime~inested~ Committee on D~n~ng and ~eldset~ings:Fe~ib~tyud~nd[ngs. J. Stud.~cohol. Driving. Ont~o, Canada: Author; 1980. 49(6):56~-5~; 1988. From: Caroline Dieterie [caroline-dieterle@uiowa.edu] Sent: Wednesday, October 03, 2001 5:26 PM To: council@iowa-city.org Subject: Char~er amendments - special meeting Marian - For some reason, the original sending of my message did not go through to Ernie Lehman or Mike O'Donnell. Could you please forward it to them at whatever addresses you have that are now their working addresses? Thank you, Caroline ............... Text of forwarded message ............... >From: System Administrator <postmaster@iowa-city.org> >To: caroline-dieterle@uiowa.edu >Subject: Undeliverable: Charter amendments - special meeting >Date: Wed, 3 Oct 2001 14:34:54 -0500 > >Your message > > To: Connie Champion@iowa-city.org; Ross_Wilburn@iowa-city.org; >Dee_Vanderhoef@iow~-city.org; ipfab@avalon.net; >Mike O'Donnell@iowa-city.org; Ernie Lehman@iowa-city.org; >Stev~n Kanner@iowa-city.org > Subject: Charter amendments - special meeting > Sent: Wed, 3 Oct 2001 14:42:52 -0500 > >did not reach the following recipient(s): > >mike_o'donnell@iowa-city.org on Wed, 3 Oct 2001 14:34:51-0500 > The recipient name is not recognized > The MTS-ID of the original message is: c=us;a= >;p-iOWaCity;l=BART0110031934TZMVTGYG > MSEXCH:IMS:IOwaCity:CiviC:BART 0 (000C05A6) Unknown Recipient >ernie lehman@iowa-city.org on Wed, 3 Oct 2001 14:34:51-0500 > ~he recipient name is not recognized > The MTS-ID of the original message is: c us;a >;p=iOwacity;l=BART0110031934TZMVTGYG > MSEXCH:IMS:IOwaCity:CiviC:BART 0 (000C05A6) Unknown Recipient > > > >Message-ID: <5.0.0.25.2.20011003142740.02690420@blue.weeg.uiowa.edu> >To: Connie_Champion@iowa-city.org, Ross Wilburn@iowa-city.org, > Dee_Vanderhoef@iowa-city.org, ~pfab@avalon.net, > Mike_O'Donnell@iowa-city.org, Ernie_Lehman@iowa-city.org, > Steven_Kanner@iowa-city.org >Subject: Charter amendments - special meeting >Date: Wed, 3 Oct 2001 14:42:52 -0500 >X-Mailer: Internet Mail Service (5.5.2653.19) >X-MS-Embedded-Report: >Please agree to have a special meeting to consider placing the Charter >amendments on the Nov. 6 ballot, the deadline for which is Oct. 5. >country as well. The right to vote is central to democracy. People want to >vote on the amendments - either for them or against them, with strong >feelings on both sides. Being denied the vote makes people feel frustrated, >disillusioned in the democratic process, and angry. > >In a situation like this, allowing a vote is the fairest, easiest, and best >way to resolve things amicably for the community's sake, by providing a >just and logical conclusion to a discussion that has been going on for >months regarding controversies that have been sore points for years. > >Sincerely, >Caroline Dieterle City of Iowa CityI I MEMORANDUM Date: September 20, 2001 To: City Clerk From: Beth Pfohl, JCCQG Traffic Engineering P[anner~'[~ Re: Item for October 8, 2001 City Council meeting; installation of NO PARKING, STOPPING, OR STANDING signs on Southlawn Drive in the vicinity of Lucas Elementary School As directed by Title 9, Chapter 1, Section 3B of the City Code, this is to advise the City Council of the following action. Action Pursuant to Section 9-1-3A(10), signs will be installed on the east and west sides of Southlawn Drive in the vicinity of Lucas Elementary School indicating NO PARKING, STOPPING, OR STANDING 8 AM - 9 AM AND 1:30 PM o 3:30 PM ON SCHOOL DAYS. Comment This action has been requested by the Lucas Elementary School principal and the director of the Iowa City Community School District school bus service. Parents dropping off and picking up Lucas school children are currently impeding the operation of school buses in front of the school. The parking prohibition will be in place only during those times when school buses are in the vicinity. jccogtp/mem/lucassignsdoc City of Iowa City II MEMORANDUM Date: September 26, 2001 To: City Clerk From: Beth Pfohl, JCCOG Traffic Engineering Planner ~ Re: Item for October 8, 2001 City Council meeting, installation of a parking meter on the south side of Court Street between Capitol Street and Madison Street As directed by Title 9, Chapter 1, Section 3B of the City Code, this is to advise the City Council of the following action. Action Pursuant to Section 9-1-3A(17), a parking meter will be installed between two existing parking meters (CO25W and CO31W) on the south side of Coud Street just west of Madison Street. This parking meter will have a ten-hour term limit. Comment This metered parking space is being added as a result of a university driveway being removed and a curb installed. The meter term is similar to adjacent metered spaces. jccogtp/mem/coudmeter. doc 438 so.th Dodge Str FILED Iowa City, Iowa 52240 September28, 2001 ZD~]I OCT- [ F~H 3:12 Dear Mr. Boothroy, Mayor Lehman, and Council Members: CITY GLERt( IOWA CITY., IOWA Since you expressed the need for more information on the nuisance behaviors in neighborhoods, I would llke to share with you the problems we have encountered in our neighborhood on South Dodge Street, which is a mixture of lovely, owner-occupied homes, old homes converted to apartments and apartment buildings. The nuisances fall into 4 categories: noise, vandalism, trash, and speeding. Let me give you a brief explanation of the problems in each of these categories. NOISE: Almost EVERY night there is noise loud enough to awaken us from sound sleep. 1 believe these noises are largely related to the alcohol problem in Iowa City, because the worst time for noise is around 2 a.m. after the bars close and the drunks are on the streets. Weekend parties, which are frequently outdoors and continue into early morning are another noise nuisance which has often kept us awake all night. Even though the police are notified in these situations, and they have been great in responding, it does not have any long term results. Often the party simply moves to another house. Even if the noise is stopped for that night, it is back again the next night or the next weekend. Because of these constant sleep interruptions, I believe ultimately our health will suffer. VANDALISM: Vandalism is a frequent problem in our neighborhood. I also include in this category TRESPASS and THEFT. Here are a few of the incidents that come to mind. The list is by no means complete. · Three fences in the neighborhood were broken on the same night. · A post was rammed through the window of my father' s brand new truck. He was visiting from Ohio, and had to delay his return trip until he could have the broken window replaced. The door was also dented. The truck was parked in our driveway at the thne. · Our neighbor's garage was set on fire, destroying the garage and its contents including two automobiles. · Graffiti on our front door. · Graffiti on garage doors up and down the alley, including our own. · Theft from the truck of a repairman. · Our gate has been damaged several times when people try to cut through our fenced yard. · Our neighbors fences have also been kicked down during episodes of trespassing. · A neighbors car was vandalized. Something was put in the gas tank in retribution for reporting nuisance activity in the neighborhood. · A large potted yucca tree was stolen off of our front steps. · Our pet rabbit was stolen from his hutch in our f~nced back yard. · Our bird f~/er was stolen from our fenced back yard. I later located it hanging in the back yard of a house on Lucas Street, confronted the folks in the house, and it was returned to me. · Many incidents of dumpster fires in our alley. This is of particular concern because these dumpsters are often located in parking lots full of cars filled with gas. · Arsonists set fwe to upholstenxt furniture on the lawns and porches of nearby homes. · A bike was destroyed by an irate person. · Glass is broken on the street as a form of entertainment. TRASH: Trash is a constant frustration in our neighborhood. One 6-plex in the area provides only one small dumpster for its many tenants. This dumpster is only picked up once a week, and is often already overflowing by the day after pick-up. I have talked to the rental inspectors regarding this nuisance and have been told that they have very little power for enforcement, because it is not considered a safety problem. The excess trash blows up and down the alley and litters our yards. Appliances are left beside the dumpster sometimes for months. I feel like we are being forced to live in the middle of a landfill and this is a disgrace. I have attempted to call the owners and the manager of this property. The owner' s phone has been disconnected and the manager never returns my calls. What else can we do? SPEEDING: The alley between Dodge and Lucas is used as a north route for those who don't want to go all the way to Lucas or Governor Street. Cars often drive at a very high rate of speed endangering children who live in the area. As you can see, nuisance behavior is very problematic in oar neighborhood and we would be happy to supply a representative for the committee. We applaud your willingness to address this issue and hope that some good solutions are reached so that we can live happily and sleep pencefully in our homes once again. Sincerely, Earlene Davison Giglierano James Giglierano Marian Karr From: t kratz [toddkratz@yahoo.com] Sent: Thursday, October 04, 2001 1:22 PM To: hwoodward@press-citizen.com; Connie_Champion@iowa-city.org; Ross_Wilburn@iowa- city.org; Dee_Vanderhoef@iowa-city.org; ipfab@avalon.net; Mike_O'Donnell@iowa-city.org; Ernie_Lehman@iowa-city.org; Steven_Kanner@iowa-city.org; Steve_Atkins@iowa-city.org; Marian_Karr@iowa-city.org; ipwhite@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; vicki_lensing@legis.state.ia.us; mary_mascher@legis.state.ia.us; barry_brauns@legis.state.ia.us; richard_myers@legis.state.ia.us; ro_foege@legis.state.ia.us; joe_bolkcom@legis.state.ia.us; richard_drake@legis.state.iaus; robe~_dvorsky@legis.state.ia.us; djacoby@ci.coralville.ia.us; dlundell@ci.coralville.ia.us; jweihe@ci.coralvilie.ia.us; hherwig@ci.cora)ville.ia.us; jschnake@ci.coralville.ia.us; ifausett@ci.coralville.ia.us Cc: toddkratz@yahoo.com Subject: ic council should be ashamed I have been following the Iowa City charter amendment issue through the papers for several months. Apparently a few Iowa City city council members used their positions to subvert the democratic process that put them in power. Those individuals should be ashamed for not allowing the voters to settle the issue. Their actions have further tarnished the image of a city government that is already the butt of jokes. I hope that in the future elected officials working for the various levels of government in Johnson county will demand a high standard of conduct from their peers. Todd Kratz Iowa City hwoodward@press-citizen.com, Connie_Champion@iowa-city.org,Ross_Wilburn@iowa- city.org, Dee Vanderhoef@iowa-city.org, ipfab@avalon.net,Mike_O'Donnell@iowa- city.org, Ern~e Lehman@iowa-city.org,Steven~Kanner@iowa-city.org, SteveAtkins@iowa- city.org,MariaK_Karr@iowa- city.~rg~jpwhite@c~.j~hns~n.ia.us~cth~mps~@c~.j~hns~n.ia.us~m~ehman@c~.j~hns~n.ia.us~sstut sma@c~.j~hnS~n.ia.us~pharney@c~.j~hns~n.ia.us~tneuzi~@c~.j~hns~n.ia.us~vicki_~ensing@~egis .state.ia.us~mary_mascher@~egis.state.ia.us~barry_brauns@~egis.state.ia.us~richard myers@l egis.state.ia.us,ro foege@legis.state.ia.us,joe_bolkcom@legis.state.ia.us,richard ~rake@le gis.state.ia.us,robert dvorsky@legis.state.ia.us,djacoby@ci.coralville.ia.us,dlundell@ci.c ~ra~vi~e.ia.us~jweihe~ci.c~ra~vi~e.ia.us~hherwig@ci.c~ra~vi~e.ia.us~jschnake@ci.c~ra~vi lle.ia.us,jfausett@ci.coralville.ia.us, Do You Yahoo!? NEW from Yahoo! GeoCities - quick and easy web site hosting, just $8.95/month. http://geocities.yahoo.com/ps/infol Submitteo by: Caroline Dieterle O~ ~ BAR &GRILL 8 co,~g~ s~. Iowa City c,,~. s~. TOGA, :..TOGA...TOGA...TOGA.. ~timate ;~ . Rum l Co~; :;· ~ Red ~11 . Gin & bnics: ~ DMnM patio Sea~ng . Vodka kmenades Fi~t come.-' . knwdme~ '. Ca~ain & Co~ Ice Fi~ ~,eZ '. Domestic B~lesIn ~e Mr~b HURR~ A RADITION BEe NS Now "Al~a~s the Best Specials, ~l~a~s t~e Most ~unZ" Marian Karr From: Chuck Meardon [ChuckM@meardonlaw.com] Sent: Monday, October 08, 2001 4:40 PM Cc: Eleanor_Dilkes@iowa-city.org; karin-franklin@iowa-city.org; marian-karr@iowa-city.org; sarah-holecek@iowa-city.org Subject: Ruppert Property-Application to Downzone/Moratorium Dear Marjan: I'm sorry for what will appear to be a scattergun e-mail concerning the above. I represent the Ruppert family. The family owns approximately 23 acres of land adjoining West Benton and Miller streets and extending west along Highway 1. The property has three different zoning classifications (RS-8, CC-2 and RM-44). The approximate locations of the various zones can be found on a map I recently submitted to john Yapp (the map was generated to further discussions with the City about changing some of the zoning classifications of the property; it was submitted to John as a sort of concept plan, which led to a recent letter from John about the plan). I recently learned that the City Council will be considering a neighborhood group's request to downzone land it does not own and a request by the same group to establish a moratorium against all further development in the area for some unspecified length of time at tonight's work session. I am sorry I do not know of the details, but the information I have is, of course, incomplete. The Ruppert family wants to go on record, however, as being oppposed to any such moratorium as it may apply to the family's land. As you may know, there is a history between the City and the Ruppert family as it relates to this land, and the family has been trying to sell the ground. Right now we are working with someone in San Antonio on a proposed sale. Any such moratorium would have an extreme chilling effect on such a sale, if not kill it completely. And while I understand that there will be a series of meetings next month about the southwest corridor (where, as I understand it, this property is located), it would be extremely unfair to the family to enact such a moratorium. As it concerns the above-mentioned offer, the family has been working with Larry Schnittjer of MMS on a plan. It is my understanding that Bob Miklo recently contacted Larry about doing some sort of concept work on the Ruppert property for the City. We would like to be kept up to date on any such concepts. Thanks for your consideration of these matters. Chuck Meardon. Dee Vanderhoef From: kathleen henderson [kmhenders@hotmail.com] Sent: Fdday, October 05, 2001 2:07 PM To: dee_vanderhoef@iowa-city.org Ms. Vanderhoef: As a person who has played the role of landlord I'm concerned about the proposed nuisance ordinance and wonder if landords are now notified when a tenant of theirs is cited for a violation that involves the landlord's property. If not, this might be a better first step in dealing with these problems than the proposed nuisance ordinance. I have lived in rental property on Summit St. which is becoming more surrounded with noisy student tenants so I do see that these situations reduce that value of neighborhoods, but the proposed solution seems extreme. Kathleen Henderson 128 1/2 N. Clinton St. #1 Get your FREE download of MSN Explorer at http://explorer.msn.com/intl.asp ..\ · :: colilmel develop: · " ' .~.~u ~ ' 10-08-01 5a FI[_ED Z8 I 88 ' - I PH 3:12 Sept. 26, 2001 Iowa City City Council Civic Center 410 East Washington St. Iowa City, IA 52240 Dear Members of the Council, We wdte to support the request of residential property owners, William and Barbara Buss for rezoning of their property at 747 West Benton Street from its present RM-20 designation to RS-8. This request was given final approval by the Planning and Zoning Commission at its meeting last Thursday, Sept. 20. We believe such rezoning would serve the best interests of the neighborhood, our neighborhood. We have owned and lived in our home at 708 Greenwood Drive for 39 years. When we are no longer able to continue living here, because of age and infirmities, we have arranged to move nearby to the Oaknoll Retirement Residence, staying in this neighborhood for the rest of our lives. As should be evident, we enjoy living here. Of course, the neighborhood and the rest of the city have changed and must continue to do so. We think your appreving the downzoning of the Buss property will help the neighborhood change in the most satisfying way. So will the currently planned development of the neighborhood park near the top of the Benton Street hill. We understand that the owners of the property at the southwest corner of Benton and Miller Streets may in the future seek the upzoning of that property. We and many other Miller-Orchard Neighborhood residents would surely oppose that change. Please know that these property-owning neighbors support the rezoning of the Buss property at 747 West Benton Street from RM-20 to RS-8. Sincerely yours, Fredda E. Caplan Richard M. Caplan City of Iowa City Octher 2001 RE: Buss Rezoning Honorable Mayor and Councilors: Mr. Buss should not be determining the future of an area where he does not care to continue ownership. Zoning of this parcel was raised from RS-8 to RM-20 while Mr. Buss owned the parcel. Only now that he is moving does he wish to reduce the zoning of this home. Rezoning at this time is inappropriate. This parcel consists of a narrow ravine whose slopes are identified as "sensitive" by city regulations. It can not be developed at any density without special permission. No rezoning is necessary. The current RM-20 zoning is more appropriate for this location than RS-8 zoning. The rear of the Buss parcel is near busy 4-lane highway #1 west, a safety hazard to small children playing in RS-8 yards. Noise from this highway disturbs outdoor patio and yard use as well as indoor activities. RM-20 or Commercial properties hold few out door activities and have buildings that deal with noise pollution better. It is wrong to fezone this small parcel without a look at the big picture. The Buss parcel i~ only 3 of 39 undeveloped acres along highway #1 west with unique challenges and generally great potential. This is a great rental neighborhood served by the bus, and convenient to the University campus and hospitals as well as to shopping. To the west and north are many RM-44 multi-family units with high real estate values. The majority of the current RS-8 zoned area nearby is undeveloped. A check of county records shows only 4 single family homes are within 1,000 feet of the subject parcel at 747 West Benton. They are 733, 725, 612 and 608 West Benton, which is for sale. According to the realtor it has been a rental for many years. Over 1,000 feet away, the 675' west side of Miller Avenue is vacant. The 300' at the south end of Miller Avenue is a commercial area. Eight parcels, #'s 700, 704, 820, 830, 934, 938, 940, and 961 on Miller Avenue are rentals, 2 are vacant land, 2 are businesses and 3 are owner occupied. Zoning should not be used to discriminate against residents in this city who prefer condos or rental units to ownership of a single family home. The current RM-20 is consistent with the area to the west and north and should not only remain at 747 but should be extended to include 733 and 725 West Benton Street and the entire undeveloped area east over to Mil let Avenue. If a tornado were to destroy the Buss home or the adjacent two RS-8 homes on West Benton Street, would the homes be rebuilt? The traffic, the dangerous nature of the obstructed view accesses on Benton's hillside, and the surrounding RM-20 apartment and condo homes, all suggest other zoning might be appropriate. The adjacent 11 acre area has failed to attract an RS-8 developer in 30 years at that zoning. Developers suggest commercial or high rise multi-family units. RS-8 on the Buss parcel will discourage development of the adjacent land to the east and condemn it to more unproductive years. RS-8 zoning negatively impacts access to and/or improvement of the existing Benton Street park. Nearby 14 acres undeveloped west of the subject has stunning views. There are challenges but this is the finest r~al estate in the city, suitable for luxury offices or condos. Based on a 1995 proposal of a single $20 million commercial facility on 11 acres at Miller Avenue, such development could add close to $100 million to the city's tax base. Iowa City was one of only six locations in the count~J chosen by that company. Similar opportunities have been lost. Many businesses located in and around the Coralville Mall after finding the nearly 2000 feet of highway #1 west frontage below the Buss parcel in Iowa City unavailable due to city regulations including zoning. It is time to be open to the opportunities that exist. The Buss parcel should remain RM-20. Perhaps the two existing homes should also be zoned RM-20 to encourage orderly future redevelopmerit of these old homes on acre + lots. Careful planning is key to achieving low tax rates by developing or redeveloping each parcel in the city to its highest and best use. Size, shape and topography make any development here very, very expensive. The Buss parcel is uniquely located on Benton Street only 150 feet above the Iowa Department of Transportation planned access to highway #1 west. This is the only place Benton Street traffic could be diverted away from Roosevelt School to the highway. ,..,..,... I'%°'1 From: Richardson, Kenneth [ken-richardson@uiowa.edu] Sent: Tuesday, October 02, 2001 3:11 PM To: 'council@iowa-city.org' Subject: Fareway I wish to express my disappointment in your failure to support a Fareway store at Scott and Hwy 6. Fareway is an excellent store and, in my opinion, has many qualities that the monstrosity known as HyVee can never deliver (produce, meat, service, and most importantly prices). Yes, I have 2 HyVees within a five minute drive, but Fareway is 20 minutes or more across town. HyVee doesn't have to compete for the food dollar on this side of town with the nice little monopoly they have set up for them, and their prices show it. The arguments about zoning and traffic are weak ones. These concerns certainly did not come up to any great degree when the entire landscape of Muscatine and First was bulldozed for HyVee's benefit. When a quality business such as Fareway wants to build a store, I would think that we would want to welcome them. Have you taken a look at their business plan? The owners and operators of Fareway are impressive people with the quality of the community in mind. Please do something to show that you really think southeast Iowa City is important, too (home values, access to services, etc.). Downtown certainly seems to dominate your attention. Sincerely, Ken Richardson, citizen and homeowner 2200 Arizona Ave., Iowa City City of Iowa City MEMORANDUM Date: October 3, 2001 From: r ~e Re: Rezoning request for 1045- st Benton Street At your September 25th Council meeting, Robynn Shrader of the Harlocke-Weeber Neighborhood Association requested the City Council to set a public hearing on the rezoning of property at 1045-1075 Benton Street from RM-44 to RM-20. A rezoning petition had been submitted to the City by the neighbors for this property, however the usual process of setting the public hearing after the Planning and Zoning Commission recommendation would not take place until the November 13th Council meeting. The neighborhood wished to suspend the issuance of building permits during the deliberations regarding the rezoning and therefore requested the Council to set the public hearing, which would result in such a suspension. The Council indicated they would consider the request at the October 8th meeting. The suspension period noted above can be for no more than 60 days. In order for the Council to fully consider the rezoning requested, without collapsing any readings, special meetings will be necessary. Below is a schedule for consideration of this item: · October 8th: set the public hearing for Nov. 13th · Oct. 18 and Nov. 1: Planning and Zoning commission consideration and recommendation to Council · Nov. 13% hold the public hearing · Nov. 26th: first consideration during a special formal meeting in conjunction with the work session · Nov. 27th: second consideration · Nov. 28, 29, or 30th: a special meeting for pass and adopt (Council action must be completed by Dec. 7th; multiple Council members may be absent the first week of December) Cc Robyn Shrader Judith Klink Tom Bender Jim Anderson Clark Cox Marjan Karr From: Stephen E. Tulley [stephen-tulley@uiowa.edu] Sent: Wednesday, October 03, 2001 6:28 PM To: council@iowa-city.org Subject: "Benton Villa" Benton Street apartment complex Dear City Council Members, Recently, my fellow neighbors and I learned of the proposed "Benton Villa" complex to be constructed on Benton Street consisting of 48 units. Earlier this year residents in the Weeber-Harlocke Neighborhood Association made several presentations to the council informing you of public safety problems associated with the current high-density zoning in the area. Robynn Shrader, one of our spokespersons, asked you at the September 25 meeting that a public hearing be set at your meeting on October 8 to consider our request to have this parcel downzoned from RM44 to RM20, which would still allow for 33 units to be constructed on the site. We stress that you need not take a position on this request at this time. Rather, we only ask that the proposed development and downzoning consideration be publicly discussed. This would take place during an automatic 60-day moratorium if you vote to hold a public discussion on the matter. It is our hope that we will be able to convince you that the proposed downsizing would benefit both the local community and interests of the developer, but only if you vote to set a public hearing on this matter on October 8. Thank you for considering our request. Sincerely Yours, Stephen Tulley 917 Harlocke St. #5 Iowa City, IA 52246 (319)351-5287 Please set hearing on Benton Villa on 10/8 Page 1 of 1 Marjan Karr From: Judith Klink [judithklink@home.com] Sent: Wednesday, October 03, 2001 4:30 PM To: City Council of Iowa City Subject: Please set hearing on Benton Villa on 10/8 Dear City Cotmcil members, Robynn Shrader, one of our neighborhood spokespersons, addressed you during the "public" portion of your last meeting on September 25, and asked that you consider setting a public hearing on the proposed "Benton Villa" Benton Street apartment complex. Please set it at your October 8 meeting; if you do it at this time, as you know, there will be an automatic 60-day moratorium. If you do not do this on Monday, we have little hope of winning the race between our application for downzoning making its way through regular channels (given the present meeting schedules) and the developer getting a building permit. We simply want the ability to publicly discuss all of the relevant issues under the protection of the 60 day moratorium. We are not asking you to take a position now on our down zoning application (we have applied for a downzoning from RM44 to RM20), but just to agree to hold a public discussion. At the time of a public hearing, we will hope to convince you of the necessity of a smaller scale development. We are asking that a 48 unit complex be reduced to a 33 unit complex with better buffers between the development and the adjacent RS5 homes on Harlocke and Benton. A redesigned 33 unit complex is roughly twice the size of the present 16 units on the site (which will be razed), and 68% of the size of the proposed development. Thank you for considering on Monday our request to set a public hearing. Judith Klink, Weeber/Harlocke neighborhood 10/3/01 Barbara M. Buss 747 West Benton Street Iowa City, IA 52246 319-351-3309 e-mail: 72703.2457@compuserve.com October 3, 2001 Iowa City City Council City Council Offices 410 E. Washington Street Iowa City, IA 52240 To the Members of the Iowa City City Council: I am writing in support of the request from Rabynn Shrader of the Weber-Harlocke Neighborhood Association that you set a public hearing to consider the down-zoning of the property of the proposed Benton Villa project on Benton Street. At the Forum Tuesday night, October 2, several candidates encouraged neighborhoods to initiate down-zoning in their areas as a way of influencing developments that would threaten the safety and property values in these neighborhoods. That is what Weeber-Harlocke is trying to do with this request. Ms. Shrader's request comes with short notice, but I know that this was not intentional. This Neighborhood Association has been actively engaged for years in trying to preserve the conditions in Weeber-Harlocke, and it only recently learned of its option to request such a public hearing. In considering this request, I hope the Council will overlook its short notice in favor of its importance. Sincerely yours, Page 1 of 1 Marian Karr ~' P'- From: Mary Knudson [mary_knudson@msn.com] Sent: Sunday, October 07. 2001 12:02 PM To: council@iowa-city.org Subject: Benton Villa To: The City Council of Iowa City From: Mary Dion Date: Oct. 7~ 2001 Time: noon Re: Benton Villa i respectively ask you to set, on Monday~ a public hearing on the "Benton Villa" proposal. As a resident of Iowa City and a neighbor of the Weeber-Harlock neighborhood, I urge the City Council to consider in depth all of the issues of Benton Villa that could affect the quality of life of those in the Weeber-Harlock neighborhood and of those who live further down the road on Benton Street. Thank you for your time and consideration. Get more from the Web. FREE MSN Explorer download: http://exDIorer.msn.com 10/8/0 1