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HomeMy WebLinkAbout2002-02-05 Bd Comm minutesMINUTES FINAL/APPROVED HOUSING AND COMMUNITY DEVELOPMENT COMMISSION DECEMBER 20, 2001 Members present: Lori Bears, Christine Boyer, Amy Correia, John Deeth, April Gutting, Rick House, William Stewart Staff present: Tracy Hightshoe, Steve Long, David Powers Others present: Irvin Pfab, Alaina Welsh Call Meetinq to Order The meeting was called to order by House at 6:30 p.m. Introduction of new HCDC member, Christine Boyer Boyer was introduced to all HCDC members and staff. Approval of the Minutes from November 15, 2001 Edit that Correia announced one-year waiting list for vouchers at Housing Authority as an FYI, was not questioning (last paragraph, New Business). Stewart moved to approve November 15, 2001 as corrected. Deeth seconded. M/S/P (6-0) Monitorinq Reports Child Care Facility - Hannah's Blessing (Correia): Spoke with Danielle Thompson. They are working on interior rehabilitation projects. Property has code violations, which is the reason everything is taking more time than expected. Department of Human Services (DHS) and Department of Public Health (DPH) looked at the property to find areas where they need improvement for child care licensing (DHS does not license until after daycare is running). A couple of items have been ordered, but have not yet arrived. They are in the process of hiring a director; need approval from DHS. The Fire Department and Housing Inspection Services have viewed the facility. Tentative opening is in January, however a February opening is more likely. Longfellow Neighborhood Association requested a press release for notice in newsletter. Shelter Coordinator & Facility Rehab - Emergency Housing Project (Bears): Discussion with Shelter Coordinator, Kafi Dixon. Floors downstairs are done. Karl offered anyone interested to come out and view the floors of the shelter. Crissy Canganelli, EHP Director, is contact for questions. Almost all of the CDBG funds were spent on sanding floors for this project. Approximately $120 is left. EHP plans to build shelves with the remaining funds. Had Christmas party Saturday. Perhaps discuss impact on state cuts at later date (during allocation period?). Transitional Housing - MECCA (Holt): Holt unavailable. Long added demolition of existing office building was two weeks ago. Forms are already in for the building's foundation. Rental Housing - Lexington Place, L.P. (Deeth): Deeth needs to reschedule for next month for the monitoring report. Burns & Burns is the construction company. Located by Concord Terrace (West Side of Iowa City). Expect to open in January - finishing work right now. Have not drawn into City HOME Funds yet - want to do one large draw on construction loan. Will have open house in August. Correia had question for Ruby's Pearl report in November regarding the business plan. Did Extend a Dream also submit a business plan? Long stated they did. Correia wondered what Housing and Community Development Commission Minutes December 20, 2001 Page 2 would happen if something were to happen in two years and they had to close down. Long believed that it was written that the money would revert back to the City, and they would have the option of what to do. Long replied to Gutting's question from November regarding childcare. Neighborhood Centers has in the past provided childcare for HCDC. Gutting arrived 6:40 p.m. Long continued that Neighborhood Center's insurance coverage for non-clients is limited. This is still being looked into, perhaps the City may cover non-clients through a rider. Services would have to be provided at their site. Long also replied to Renquist's question from November in regards to Greater Iowa City Housing Fellowship. Renquist had believed they indicated in their application they had expended all their money. When Long reviewed the application, they did not. They admitted they had quite a bit left. Public/Member Discussion of Items Not on the Aqenda Correia questioned letter about untimeliness. Wanted further explanation of meaning. Untimely grantee means grantee who does not expend money in time they are allotted to expend funds. Long detailed further that approximately $1.3 million has been awarded but not drawn from grantees. The letter of untimeliness only applies to CDBG funds, not HOME funds. Pool of all money allocated is looked at. One problem in Iowa is that the loan program is good and receives loan payments (program income), so it is difficult to continue paying, as that fund continues growing every year. Public Hearinq - City of Iowa City's Housinq Rehabilitation Funding Application to the Iowa Department of Economic Development Public Hearing opened at 6:45 p.m. Powers stated that an application is being submitted to the Iowa Department of Economic Development (IDED) for approximately $230,000 in HOME funds to help leverage local funding for local rehab program. The application is currently being worked on and is due January 14th. This is to keep program at current level. Way CDBG was done previously, leveled off housing at $200,000; however $400,000-$435,000 spent per year. Applying to other sources to make up the difference. A Federal Home Loan Bank application is pending. No response has been received on the $40,000 application yet. Supposed to hear Friday, December 21, 2001. Bears requested more clarification on history, as newer member. Housing Rehab Program has been in Iowa City for 24-25 years. Loan money to Iow and moderate income homeowners for owner-occupied houses and rehabilitation. Do 45 projects per year - vary from mobile homes, water heaters, emergency repairs, up to full rehab projects as high as $38,000. All assistance, other than mobile homes, is in form of loans. Term of loans depends on household income and ability to pay. Most loans are called conditional occupancy loans, which are mortgages on property that does not accrue interest over time or require payments. It is a one-time payment when house is sold, or occupant(s) dies. Income requirements are standard; same requirements for conditional occupancy loans as for Section 8. If paying more than 30% of income for housing expenses, you can't afford to pay more for mortgage. If less than 30% monthly income, computer program figures what you can pay up to that 30%, and you make those payments. Above that level would go into the conditional occupancy loan. Housing and Community Development Commission Minutes December 20, 2001 Page 3 No other comments received. Public Hearing closed at 6:50 p.m. Old Business Review and Discussion of Enterprise Zones; Welsh handed out ~ist of names for Enterprise Zone contacts discussed from November. Welsh was able to talk to a few council members about this topic and that they would be contacted, however not all were contacted. Welsh discussed "Emerson Point". NCB Development and Iowa Department of Eider Affairs (IDEA) selected Iowa City for demonstration of affordable assisted living in Iowa. No affordable assisted living in state of Iowa currently. The project gives more options than nursing homes for Iow-income elderly. Will be one of five demonstration projects in state of Iowa. One will be in North Liberty. Hoping for spring 2003. However, don't have timing of it, CDBG funds, or HOME funds, so they cannot apply for state funds. Therefore looking at other options. Will not have done in time to show at tax credit application time in January. Stewart wondered about any others subsidized. Welsh stated there are 4 units available in Lone Tree, accepting Medicare Waiver, but not listed as affordable assisted living. IDEA did independent market study and found that just to meet 5% of need, would need to build 4,000 units across the state. Johnson County alone needs 1,300 units to persons over 75 needing assistance with at least one activity daily. Those people are currently at home with high level of family support or in nursing homes (which costs the state more). State dollars don't go directly to nursing homes, but rather follow the patient. Nursing home bill is typically $2400 monthly, and Medicaid pays maximum outside nursing home is $1052 monthly. The location for this would be in front of Shannon Dr. and Rohret Rd. So far approved for two building at three stories high (60 units). Proposing design change to one building at two stories (54 units). Have to meet with Planning and Zoning again, however. Correia brought up discussion of who on list that Welsh handed out should be contacted by which HCDC members. House suggested calls be made before next meeting in January. Names were divided between members. Correia requested that the list also be sent by e-mail. Long stated CDBG & HOME applications are due January 23. Hightshoe wondered if everyone had received her e-mail about building accessibility and value cap on Enterprise Zone housing. Marsha from Free Lunch invited everyone out to tour their site regarding a possible bathroom rehabilitation application. Since e-mails are no longer on web site, Long wondered how HCDC would like to get invitations for these project tours. Correia requested that staff either forward e- mails or send copies by mail, however does not want e-mail address on web site. Correia wondered about tours of projects and if they had been done in the past. Long stated that it has been done and also suggested to tour potential projects when applications are received. Would conduct meeting and then take tour(s) after adjournment. Correia had question about Housing Window regarding revised administrative plan. This was the first time Long had heard this. Perhaps it would be good to have someone come to meeting and explain. Housing and Community Development Commission Minutes December 20, 2001 Page 4 Adjournment The meeting was adjourned at 7:15 p.m. ppdcdbg/r~ns/hcdcl 2-20-01 .doc APPROVED/FINAL MINUTES E IOWA CITY BOARD OF APPEALS MONDAY, JANUARY 7,2002, 4:30 P.M. CIVIC CENTER LOBBY CONFERENCE ROOM MEMBER PRESENT: Gary Haman, Wayne Maas, John Roffman, Anna Buss Doug DuCharme MEMBERS ABSENT: Tom Werderitsch, Tim Fehr STAFF PRESENT: Tim Henries (Sr. Building Inspector), Pat Hansen (Electrical Inspector), Norm Cate (Sr. Housing Inspector), Roger Jensen (Fire Marshall), Sue Dulek (Asst. City Attorney), Jann Ream (Code Enforcement Asst. acting as minute taker) OTHERS PRESENT: David Findley, Brett Pruitt, Russ Bennett (Iowa Fire Equipment) Rick Crow, Bill Freeman, Dean Smith (Freeman Lock and Alarm) RECOMMENDATIONS TO COUNCIL: None CALL TO ORDER: Chairperson Roffman called the meeting to order at 4:35 P.M. CONSIDERATION OF MINUTES: Meeting minutes from the December 3, 2001 meeting were reviewed. Maas corrected the date for the completion date of 426 Bayard to May of 2002. MOTION: Buss motioned to approve the minutes with a second by Maas. Motion passed unopposed with a 5-0 vote. Request for a Variance from Housin.q Code Section 14-5E-17K(4} Ceiling Height. (935 Market Street) Norm Cate presented the appellant's circumstances. The property at 935 Market was inspected as a rental property for the first time and the second floor bedroom has a ceiling height of 6'8". Housing Code requires 7ft. This is an older property and the bedroom has been functioning with this headroom for many many years. There are two windows in the room that meet current egress standards and the stairs are in compliance. Jensen stated that the Fire Department had no objections. Roffman stated that the Board had addressed similar issues before; and, as long as the windows meet egress standards and the stairs were in compliance, he saw no problem and asked for a motion. MOTION: Maas moved to allow a bedroom ceiling height of 6'8" at 935 Market Street since it met the four required criteria to allow a variance. There are practical difficulties in raising the ceiling height, required compliance would be arbitrary, an extension would not constitute a remedy and the variance does not effect public health, safety or the general welfare. Buss seconded the motion. VOTE: Request was allowed 5-0. Request for use of alternate materials or methods of construction. (Electrical licensinq requirements) Hennes explained that prior to the adoption of the 1999 National Electrical Code, there was a local amendment that exempted permit requirements for systems using less than 25 volts. With the adoption of the 1999 NEC, that local amendment was removed with the intention of having better control over the installation of fire alarm systems. The actual result of this, however, has been that the master electricians are pulling the permit for the fire alarm installers as subcontractors and not doing the work themselves or they are doing the work and then having to call in the fire alarm installers to correct it. The code as it is adopted only allows for licensing of Master and Journeyman electricians and not fire alarm installers. Staff is recommending that the City license fire alarm installers in the same way that electricians are licensed with required testing from a national testing agency. Experior and NICET are two such agencies that test under the systems that the City has adopted through the NFPA 72 (alarm systems) and the NFPA13 and NFPA13R (sprinkler systems). Hansen explained previous problems with the installation of fire alarm systems in Iowa City so the City is looking for someway to insure consistent and correctly installed systems. The way to do this is through testing. The test should be through a nationally recognized agency and should demonstrate at least a minimum competency in the installation of alarm systems. All installers need to be on a common level both to insure competency and consistency for the City and to secure fair competition between companies. Hansen explained that seminars provided by the various alarm equipment manufactures focus on their particular brand of equipment. Rick Crow added also the seminars do not necessarily cover the installation parameters; the emphasis is on the hardware. Hansen gave examples of systems that were not installed correctly and systems that were actually certified that did not work correctly. He reiterated that was why the City is requiring testing and licensing. He acknowledged that the current requirement of a Master electrician pulling the permit is not ideal. Brett Pruitt explained that right now the fire alarm installers are to work around the system in order to do their installations. They and the electricians do not feel comfortable with this arrangement. The installers are very amenable to a testing and licensing system. There was discussion concerning what testing and certification agency to use. The four certification levels of NICET (National Institute for Certification in Engineering Technologies) were explained as well as how the testing and certification are done. Roger Jensen stated that the City of West Des Moines is currently working on adopting NICET certification for fire alarm installers and designers. Hansen explained the details over the testing and licensing will have to be worked out and the process will take up to a year. The installers present requested that an interim process be adopted. Various options were discussed in how to do this. An interim test was suggested that the City could administer. Roffman suggested that this issue be tabled for two weeks until the next meeting to give Sue Dulek and Roger Jensen time to research what West Des Moines is doing as an interim solution and other possibilities that might work in the interim. Hennes stated the 1996 code allowed for a restricted license which was removed in the 1999 code cycle because it was not used. He suggested that perhaps that type of license could work in the interim but it would require a code amendment and uniform testing would still be required. The installers agreed that certification and licensing are necessary. Roffman suggested again that the issue be tabled until the next meeting until some proposals could be determined. In the meantime, the current requirements would have to stand. More discussion occurred concerning what those proposals might entail. The fire alarm installers provided examples of inspection problems that they run across. Roffman stated the need for more information. Roffman asked again for a motion. MOTION: Buss moved to table the discussion for two weeks until the next meeting. Maas seconded. The motion was carried unanimously by a 5-0 vote. Request for use of alternate materials or methods of construction. (New Transit/Parkinq Facility and 701 Oaknoll Drive) Hennes explained that the two projects in question were large projects that had been designed under the 2000 IBC since the date of Iowa City's adoption of the code was imminent but uncertain. The projects are nearing the stage of plan review and the City is still several months away from adoption of the code. Hermes requested that these two projects be allowed to be reviewed under the 2000 IBC as an alternate method of construction per Section 104.2.8. DuCharme said that by the time the two projects were built, the City would have adopted the 2000 IBC anyway. Hennes said that allowing projects to be reviewed under the 2000 IBC would have to be project specific. Sue Dulek stated that in order to allow the request there would have to be formal application. Hennes asked if the Board could approve the request at this meeting contingent on receiving the applications. Dulek stated that there would have to be an application before the Board could act. Buss stated that there was going to be another meeting in two weeks so there would not be much delay. MOTION: Maas moved that the request be tabled until the next meeting, Buss seconded. The motion was passed unanimously 5-0. Other Business. Hennes asked that the Board schedule the next meeting. The meeting was scheduled for January 22, 2002 at 4:30 in the Lobby conference room. Hennes said that he will submit copies of what other jurisdictions had adopted concerning code updates. Buss asked Fire Marshall Jensen if the Fire Department charged inspection fees for commercial fire inspections. He stated that they do not and that the Board of Appeals would have to recommend to Council that the Fire Department charge fees. Buss asked what was the difference between a rental housing inspection and a commercial fire inspection and why would a fee be charged for one and not the other. Jensen replied that commercial buildings are open to the public and that the City has a required responsibility to protect the public good and that it is part of the job of the Fire Department. ADJOURNMENT: Roffman asked for a motion to adjourn. DuCharme moved and Haman seconded. The meeting was adjourned at 6:05 P.M. John Roffman, Board of Appeals Chair Date APPROVED/FINAL IOWA CITY HUMAN RIGHTS COMMISSION LOBBY CONFERENCE ROOM December 18, 2001 MEMBERS PRESENT: Jan Warren, Charles Major, Maureen Howe, Keri Neblett, Lisa Beckmann, Sue A. Joslyn, Paul Retish MEMBERS ABSENT: Emie Cox & Mary Larew STAFF MEMBERS: Heather Shank GUESTS: John-Paul Chaisson-Cardenas & Anjelica Cardenas 1. CALL TO ORDER Meeting called to order at 7:03 PM. 2. APPROVAL OF MINUTES Several changes were made. Motion To Approve Minutes: Howe made the motion and Beckmann seconded. Motion Passed: 7-0 3. RECOMMENDATIONS TO COUNCIL: None 4. NEW BUSNESS LATINO/A CONFERENCE - JOHN-PAUL CHAISSON-CARDENAS Shank informed the Commission the 4th annual Latina/o conference would take place April 27 and John-Paul Chaisson-Cardenas (Chaisson), was at the meeting to describe the event to the Commission. Shank also announced the City agreed to contribute $500.00 to the conference. The money is to come from a line item in the Human Rights Commission budget that allows for donations to City sponsored events. Chaisson passed around the program that was developed for last year's conference so the Commission would have a point of reference. He then explained that the title of the conference is Strengthening and Valuing Latino/a Communities in Iowa. The goal is to educate Iowans as to the important role the large and growing Latino/a population has, and will continue to have, on the State's economic development. Another goal is to strengthen the Latino/a communities throughout the State by networking and assisting/encouraging leaders to become active members in the cities or towns in which they reside. The conference is in Iowa City this year and the planners hope to draw more than 500 people (the number of participants last year). There are many events to attend and the organizers have already received a number of calls from persons interested in attending. The organizers include residents from Postville, Sioux City, Pella, Davenport, Storm Lake, Washington, Des Moines, Perry, and Iowa City. There are 28 members of the planning committee. Chaisson thanked the Commission/City for the donation of $500.00. The money will go towards the cost of the musical entertainment. Chaisson's reason for attending the meeting was to encourage the Commissioners to be active participants in some or all of the events. Chaisson reiterated that Iowa City's demographics are changing as well as the State's. "Yet the images of Iowa City", Chaisson pointed to the Faces of Iowa City banner in Emma Harvat Hall, "do not reflect that change a lot of the time." Chaisson asked the Commission to consider the fact that stores in the periphery of Iowa City and Coralville reflect the faces of minority populations in the area but downtown Iowa City does not. He believes there needs to be a greater effort on the part of organizations, city leaders, agencies, etc., to seek out minority groups and as it relates to the conference in April, the Latino/a population. Major stated he became aware of the large increase in the Latino population when he was gathering signatures this last year compared to the previous year. Shank asked Chaisson whether he had advice on how to go about getting more Latino/a involvement in Human Rights programs. Chaisson explained that people do not become involved when they do not feel a part of the community. The best approach is to personally communicate with representatives from the Latino/a community and invite their participation. The Commission's involvement with the conference would provide an opportunity to establish working relationships with members of the Latino/a community. Chaisson also mentioned the cultural center in Iowa City is an issue of great interest to the Latino/a community. Shank suggested having a "Meet Your Latino Neighbor" program, similar to the one that featured the Sudanese Community. Retish mentioned that the Sudanese children provided native music and he wondered whether there was a Latino group that could provide native music or another group that could perform publicly as a form of introduction to the Latino culture. Chaisson said there is a small group of dancers in West Liberty but no such group exists in Iowa City except for Salsa dancing group. When Salsa dancing got big downtown, the establishment that provided the music decided it drew a "certain element" of people it didn't want so the music and dancing "was pushed out." Chaisson said, "These are the kind of messages Iowa City has communicated without really thinking" about the impression being given. Chaisson said that he believes the downtown community is beginning to realize that financially the Latino/a community may prove to be an asset to businesses due to potential buying power. Retish said that while this is an issue, the Commission wants to educate citizens about the culture. Chaisson said the conference is free of charge and open to the public so attending this event would help achieve this goal. Ida Beam scholar, Lorraine Gutierrez, is the keynote speaker at the Iowa Memorial Union. The conference begins at 10:00 a.m., on April 27th. The keynote address starts at 3:00 p.m. The U of I Art Museum will feature the artwork of a very famous Mexican painter. A reception will be held from 4:30 p.m. - 8:00 p.m. at the Art Museum. Several dance groups from various communities in Iowa will perform. Warren wondered if the dance groups could perform at a separate event in the library or other community building. Chaisson said the conference only lasted a day and he did not think Warren's idea would work for that time period. He thought perhaps the Commission could provide a display or share speakers at the conference. Chaisson suggested the Commission draft a proclamation announcing a "Hispanic Weekend." Josyln asked about the Cinco De Mayo celebration. Chaisson said that this is a Mexican holiday and while it is a wonderful celebration, it is not inclusive of all Latinos. Yet, Chaisson noted, the majority of Latinos in Iowa are Mexicans. Shank asked Chaisson where an information table could be set up during the conference. Chaisson said this is yet to be established. Chaisson said a Commission representative could go to the planning committee meeting or the Commission could co-sponsor the reception. Shank thought the Commission's participation as a co-sponsor of the reception would be 2 positive as evidence of community participation. Warren asked how soon Chaisson needed an answer regarding the extent of the Commission's involvement. He said he did not need an answer soon but he really wanted to have youth become involved so he requested help in this area. Shank agreed to call Marian Coleman. The themes of the conference this year include economic development and education. Warren indicated someone would contact Chaisson regarding the Commission's involvement ideas. Beckmann thanked Chaisson for contacting the Commission so far in advance. Warren said she was in favor of a subcommittee and she indicated she would be a member. Keri Neblett also expressed her interest. Retish said he wasn't sure what Warren wanted the subcommittee to do. Warren explained the subcommittee would advise the Commission on ways in which it can participate in the April 27th conference. Warren said getting involved doesn't always mean, "doing a thing" and she was pleased Chaisson's request specified City involvement rather than just Commission involvement. Retish asked whether a recommendation could be made to Council that if there is going to be a banner representing the faces of Iowa City, there should be persons of color in addition to Caucasians. Warren said instead of Council, the department responsible for the banner should be contacted. Retish pointed out that changing the picture is really not the point. The point is that the banner had to be pointed out to the Commission and he wondered why no one had been astute enough to notice the obvious omission of non-White faces. It took someone who was not Caucasian to immediately recognize that the faces of Iowa City did not include persons of color. Putting up a new politically correct banner is a cosmetic attempt that would not address the real issue as to why we are blind to obvious such omissions. More must be done by the Commission to make the City aware of oversights such as the banner. This experience may be indicative of a greater need for education and sensitivity toward minority populations in Iowa City. To be a minority and live in Iowa without a support group is a difficult situation to be in. Cultural Diversity Day Warren asked Shank to fill out the necessary paperwork so the Commission can have an information table at Cultural Diversity Day. This event will take place February 24, 2002 from 12:00 - 5:00 p.m. Warren asked for volunteers to take a shift at the table. The shifts are 12- 2:30 and 2:30-5:00. Major and Retish volunteered and Warren indicated she would ask the new Commissioners if they would be interested. International Women's Day Shank reported a public forum entitled, International Women's Day Panel Discussion: Women, War, & Human Rights is scheduled for March 12, from 7-9 p.m. Shank and Dorothy Paul have coordinated the event at the Public Library for the last couple of years and will do so this year as well. The UNA, WRAC, U of I HRC are co-sponsors along with other groups. Shank asked whether the Commission wanted to co-sponsor the event? Warren indicated that while she believed the Commission probably would agree, it is a topic to be discussed at a later date. Shank reported the library is co-sponsoring the event and it will be broadcast live on the library channel. 3 5. OLD BUSINESS PREAMBLE:The memo to the Commission from Dilkes, the City Attorney, set forth her concerns regarding the language proposed by the Commission. Warren asked whether Dilkes had read the minutes where the rhetorical question was raised by Retish as to why all persons are not accorded human rights. Beckmann recalled that the conversation was included in the September minutes. Warren wondered whether Dilkes would benefit from those minutes and the intent of the Commission. Shank indicated that she explained the origins of the conversation and while Dilkes indicated she understood the concept, the proposed language was promising fairness and providing no remedy for the unfair treatment. In fact, Shank reminded the Commission that the HR office cannot take a case when a person alleges only unfair non-discriminatory treatment. Retish said Dilkes is interpreting the preamble as a rationale for why the Human Rights Commission exits and he does not believe this was the Commission's intent. The intent of the Commission was to say that the citizens and visitors to Iowa City have human rights and we need to respect each other. A different issue is the formation of the Human Rights Commission and people that make complaints to the Commission. Retish believes these are two different issues. When Retish read the memo he was unclear as to whether Dilkes' understood this delineation. Shank indicated that Dilkes' was concerned because the language suggested the Commission was offering a remedy it was not able to give. Dilkes was concerned people would interpret the Ordinance as providing more protection than it could provide under the law. Beckmann stated that when she read the memo Beckmann started to question her definition of a "preamble" so she took out the dictionary and the first definition stated, "it is an introductory statement...of a statute that usually states the reasons for or intent of the law." Beckmann stated she believes Dilkes' language defined the law. Beckmann does believe it is necessary to have the definition in the preamble and if there is going to be a definition it is unnecessary to have a preamble. Beckmann added that the preamble to the constitution talks about big issues like generel welfare and "blessings of liberty," it doesn't define how to go about providing these things. Warren asked whether the preamble should be before the entire City Code. Retish said that this does not negate the fact that anyone who wants to read the Ordinance should understand that all people have human rights in Iowa City. Aside from that is the issue of filing human rights complaints. Warren said that the revision Dilkes wrote specifically goes to the section on human rights. Warren informed Commissioners of the Diversity Statement at the University. The statement is "overerching" and it covers everything and it isn't just the diversity statement in the affirmative action plan. Shank said that before Dilkes wrote the memo she read the language of the Commissioners as set forth in the October minutes to determine the Commissioners' intent. Under the law, it is often the case that the legislative history will be researched to determine the intent of the persons who drafted the statute. Retish said that Dilkes wrote a very good preamble because she defines whom the Ordinance as well as the parameters protects. He does not have a problem with what Dilkes has written if the intent was to talk about the role of the Human Rights Commission. The Commission's purpose in drafting the preamble was to look at the global human rights of citizens and visitors in Iowa City. Shank went back to the Commissioners' statements such as, "It (the preamble) will be the umbrella to include everyone." This suggests the Commission will protect Complainants from unfair as well as discriminatory treatment. Other Commission statements included, "it might appear that some people are not protected" and "some people might perceive they are 4 not protected if they are not included in a category." The last statement suggests the preamble offers protection to persons whether they fit into a category. This is not a true statement. Warren stated the reality is that some people are not protected. The Ordinance provides protection depending on what the complainant alleges. Shank reiterated she and the other investigators have consistently informed many people that unfair treatment is not against the law. Shank emphasized the language of the preamble and the Commissioners' accompanying statements regarding the language made Dilkes uncomfortable. Her interpretation of the Commissioner's intent was based on information that is considered by a Court when determining the intent of the drafters. Retish asked if Dilkes could be invited to the next Commission meeting. Shank said she would invite Dilkes. Warren asked Shank to provide Dilkes with the minutes from the September meeting. It was at the September meeting that the conversation regarding human rights for all originated. Retish went on to say that Dilkes raised a good point and he believes it was some of his language and rational for the preamble that concerned Dilkes. After further consideration, Beckmann asked whether the Commission is committed to the word "policy." "It is the policy of Iowa City." Beckmann wondered if that word could be changed and replaced with intent or desire or the goal. Warren said that there might be a problem with the next sentence that says, "To assure that all persons within this jurisdiction are protected." Warren said the Commission cannot assure this so she thinks changing the word policy will not remedy all of the concerns raised but she likes the part about mutual understanding and respect a great deal. In conclusion, Dilkes will be invited to the January meeting and she will receive a copy of the minutes from the September Human Rights Commission meeting. Human Rights Breakfast Shank explained to the Commission that she spoke to the Union regarding the concerns raised in the November meeting. Shank reported 177 people ate breakfast. Shank said she would have the total number of ticket sales at the next meeting. The Commission decided after discussion the breakfast would return to the Wayne Richey Ballroom next year and agreed that the ticket sales would be limited to 220, (the capacity of the room). Warren expressed her concern that the breakfast is scheduled during a political period of time and she wanted to avoid political speeches by award recipients. A new date was discussed. September 19 was chosen as the first date of choice, the second choice being September 26. Shank will contact the Union. Shank asked Commissioners to consider whether they want to give another lifetime achievement award and a potential keynote speaker for the next breakfast. Public Forum/Hate Speech Joslyn indicated Cox was going to reserve a room at the Public Library in March of 2002 for the forum. She is unsure as to whether the room reservation was obtained. Shank indicated she would call Cox and inquire. Joslyn stated she e-mailed and left a message for Carolyn Dyer, a journalism professor, regarding the forum. She hopes Dyer can be a panelist and recommend other panelists. Dyer has not yet responded to Joslyn. Warren suggested the 5 City Attorney, Eleanor Dilkes, as a panelist. Retish said there might be members of the FBI that could be on the panel. Since Cox and Howe's terms have expired, Joslyn is the only person remaining on the subcommittee. Retish volunteered and Warren indicated a new Commissioner might be interested in this subcommittee. 6. REPORT OF COMMISSIONERS Major reported a woman in Afghanistan was on trial for spending the night in a home in which a man, not her husband, was living. Even though a relationship between the woman and the unrelated male did not take place, the woman was arrested because she violated current Islamic laws. The picture of the woman showed her to have a head covering but her face was exposed and not covered completely by the cloth. 7. STATUS OF CASES Warren commented on the number of closed cases included on the case status list. Shank reported she was going to remove the closed cases so the list would be updated for the Jan. meeting. Shank indicated there had been resolutions of 25 cases since September. Retish asked about a case that had been scheduled for public hearing. Shank reported that a resolution was reached via a settlement agreement between the parties. Warren questioned the accuracy of the numbering system on the last page of the case status report. Shank explained the numbering and indicated that a person's complaint was included on the list but the Complainant had not yet returned to sign the complaint. An appointment was scheduled though and when the task was done, the date would be reflected on the case status sheet. 8. AJOURN: Meeting adjourned at 8:40 p.m. 6 DRAF~ POLICE CITIZENS REVIEW BOARD E'IlNUTES - JANUARY 22, 2002 CALL TO ORDER Chair John Stratton called the meeting to order at 7:00 P.M. ATTENDANCE Board members present: Bill Hoeff, Loren Horton, Bev Smith, John Stratton and John Watson. Staff present: Legal Counsel Catherine Pugh, PCRB staff Kellie Tuttle. Also in attendance was Lt. Dan Sellers of the ICPD. RECOMMENDATION TO COUNCIL Accept PCRB Report on Complaint #01-02 with changes as amended. MEETING SCHEDULE · February 5, 2002, 7:00 P.M., Lobby Conference Room · March 12, 2002, 7:00 P.M., Lobby Conference Room · April 9, 2002, 7:00 P.M., Lobby Conference Room BOARD INFORMATION John Watson will not be attending the February 5, 2002 meeting due to conflicts, and John Stratton will be out of town and not be able to attend the March 12, 2002 meeting. Loren Horton reported that he was accepted into the Citizens Police Academy. Watson and Stratton touched base about the MATS training. Stratton stating that they've had good participation from the officers. Stratton also indicated that he was contacted over the weekend by Brian Sharp (reporter for the Iowa City Press Citizen) regarding the loss of data within the Police Department because of a software flaw. The Board directed staff to write a letter to the Chief of Police requesting that the Board be notified when the problem with the software is corrected, the system is working properly and future plans to secure the system. Bob Hardy contacted Stratton regarding the quote on the accreditation effort from the City Manager in the PCRB video. Hardy stated the City Manager felt that the process had stalled and the Board helped spur the process along. Hardy would like to leave this segment in the video and will be attending the February 5 meeting to discuss the matter further. 1 DRAFT PUBLIC DISCUSSION Lt. Dan Sellers expressed interest in the views of Stratton and Watson regarding MATS training. Stratton and Watson briefly discussed the different views/feelings that they encountered during the sessions with the officers. Lt. Sellers offered his view of why some officers feel the way they do about the Board. Watson expressed concern about a comment from one officer that instructors at the Police Academy were telling new officers not to go to Iowa City because of the existence of the PCRB. Watson suggested that the Chief address the Academy on this issue. Other board members agreed that these kinds of attitudes and statements are out of line and could damage the image of the ICPD and hinder recruitment of new officers. STAFF INFORMATION Tuttle explained the memo from the City Clerk regarding the budget work session scheduled for January 29. The minutes attached listed a flip chart of pending issues where a PCRB Clerk was listed. The Board was not interested in attending the work session and is satisfied with the way things are being handled through the City Clerk's office. EXECUTIVE SESSION Motion by Horton and seconded by Hoeft to adjourn into Executive Session based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds,and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Motion carried, 5/0. Open session adjourned at 7:19 P.M. REGULAR SESSION Returned to open session at 8:33 P.M. 2 DRAFT Motion by Hoeft, seconded by Smith to accept the Public Report for Complaint #01-02 with amended changes. Motion carried, 5/0. Horton and Watson discussed when Horton would be filling in at the MATS training for Watson, which will be on February 6, 2002. The Board directed staff to inform the Chief of Police of the issue for the name-clearing hearing. Hoeft expressed his feelings towards the usage of "name- clearing hearing" and how officers perceive the terminology when they hear it. He believes there would be more officer participation if the meetings were called something else and had a more positive spin to them and sounding less accusatory. The Board suggested looking at changing this at later date. ADJOURNMENT Motion for adjournment by Watson and seconded by Hoeft. Motion carried, 5/0. Meeting adjourned at 8:44 P.M. 3 POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 4`10 East Washington Street Iowa City IA 52240-1826 (3'19)356-504'1 TO: City Council Complainant Stephen Atkins, City Manager R. J. Winkelhake, Chief of Police Officer(s) involved in complaint FROM: Police Citizens Review Board RE: Investigation of PCRB Complaint #01-02 DATE: January 22, 2002 This is the Report of the Police Citizens Review Board's (the "Board") review of the investigation of Complaint PCRB #01-02 (the "Complaint"). BOARD'S RESPONSIBILITY Under the City Code of the City of Iowa City, Section 8-8-7 B, the Board's job is to review the Police Chief's Report ("Report") of his investigation of a complaint. The City Code requires the Board to apply a "reasonable basis" standard of review to the Report and to "give deference" to the Report "because of the Police Chief's...professional expertise." Section 8-8-7 B.2 While the City Code directs the Board to make "findings of fact," it also requires that the Board recommend that the Police Chief reverse or modify his findings only if those findings are "unsupported by substantial evidence," are "unreasonable, arbitrary or capricious," or are "contrary to a Police Department policy or practice or any Federal, State or local law." Sections 8-8-7B.2(a), (b), and (c). BOARD'S PROCEDURE The Complaint was received at the Office of the City Clerk on April 9, 2001. As required by Section 8-8-5 of the City Code, the Complaint was referred to the Police Chief for investigation. On April 24, 2001, the Board received a letter from the complainant's attorney requesting that the Board 1) decide that the complaint was timely and 2) postpone investigation of the complaint until criminal charges against the PCRB 01-02 Page I complainant's husband are resolved. The attorney also requested that the Board consider an independent investigator. At its meeting on May 8, 2001, the Board discussed the attorney's letter and directed the Board's Legal Counsel to draft a response. At its meeting on May 16, 2001, the Board approved an extension of the Chief's deadline to September 7, 2001, for good cause and directed the Legal Counsel to communicate its decisions with the Chief and the complainant. At its meeting on August 22, 2001, not having heard from the complainant, the Board approved an additional extension of the Chief's report to October 8, 2001. The Chief and the complainant were informed of this decision by letter on August 27, 2001. The complainant's attorney responded by letter and requested an additional extension until the complainant's dispute with the Iowa City Housing Authority was resolved. At its meeting on September 11,2001, the Board approved an extension to November 15, 2001. At its meeting on Octobe_r 9, 2001, in response to a question from Capt. Widmer, Watson reported t .(~t he ~..~ was notified through a phone call from the complainant's attorney that housing dispute was resolved and that the investigation could proceed.(-)-:: co The Chief completed his Report and submitted it to the Board on Nover~b~ 15~ 2001. The following documents were included with the Report: Use of Force Reports,oo Calls for Service Report, correspondence between the complainant and the Iowa City Housing Authority, PCRB correspondence, Incident Reports, statements of charges against the complainant's husband, and a Rights Notification of the Victim of Abuse signed by the complainant. At its meeting on November 27, 2001, the Board voted to review the Complaint at level 8-8-7(B)(1 )(b), interview/meet with the complainant, and 8-8- 7(B)(1)(e), performance by the board of its own additional investigation. The Board also directed staff to request a transcript of the 9-1-1 call from the complainar{t's son and additional pages that were apparently missing from an officer's narrative. These were received from the Chief on January 4, 2002. Representatives of the board contacted the complainant and requested interviews with the complainant, the complainant's husband, and the complainant's son. The complainant, the husband, and the complainant's sister- in-law appeared for interviews, but the son did not appear for the interview. The Board met to consider the Report on the following dates: November 27, 2001; December 11,2001; December 27, 2001; January 8, 2002; and January 22, 2002. FINDIN6$ OF I=AOT In March, 2001, Officer A and Officer B were dispatched to the complainant's home in response to a 9-1-1 domestic disturbance call from the PCRB 01-02 Page 2 complainant's son. Officer A arrived first and was admitted by the complainant's son. Officer A found the complainant's husband sitting on the couch. He attempted to speak with the husband, but the husband became agitated and started yelling at the children and the officer. He did not comply with a request for identification or the officer's inquiry about what had happened. The husband refused to stay seated as directed by the Officer A. He said he was going to make a phone call and went to the basement. The husband placed a phone call but continued to be agitated, to ignore verbal commands by Officer A, and to not comply with the officer's request for information. Officer B arrived at about this time, having been admitted by the complainant's son. The husband continued to yell and refused to put the phone down. At this time the officers decided to place the husband in handcuffs. The husband resisted to the extent that OC spray was used to control him. Up until this time the complainant had been in the bathroom, but stated that she and a three-year old son were present when her husband was handcuffed. The complainant stated that she was not injured. The husband was transported to an emergency treatment center for OC exposure and back pain, examined and released. He was then transported to the Johnson County Jail and charged with Interference with Official Acts Causing Injury (one officer sustained a scratch) and Assault on a Police Officer. The husband was subsequently found guilty of Interference with Official Acts. Both the complainant and her husband stated that they informed the officers that no one had been injured and that it should have been obvious that there was no longer any trouble at their home. They asked the officers to leave, but the officers continued to order the husband around. The complainant and her husband stated that the situation escalated because the officers would not leave ho th y q ted ~ ~ their me as e re ues . ,~ CONCLUSION -~ -~" The complainant alleged the following in her complaint: --: ~; Alle.qation 1: Officers A and B abused their authority by provokin r~ husband, by not informinq him of the charges against him, and by not re_.~fl n.q -~ him his ri.qhts, co Officer A was responding to a report of domestic abuse at the complainant's residence. The transcript of the 9-1-1 call shows that the complainant's son initially reported that the disturbance was verbal, but later in the call said that his mother told him that her husband had hit her. The ICPD General Order on Domestic Abuse is a "pro-arrest" policy if physical assault has occurred. The policy states: PCRB 01-02 Page The Code requires a peace officer to arrest and take into custody the primary physical aggressor of the domestic abuse assault when the assault caused a bodily injury, involved the use or display of a dangerous weapon or was committed with the intent to commit a serious injury...In identifying the primary physical aggressor, a peace officer shall consider the need to protect the victims of domestic abuse, the relative degree of injury or fear inflicted on the persons involved, and any history of domestic abuse between the persons involved, and shall not be based solely on the absence of visible indications of injury or impairment. Officer A and B had an affirmative duty to ascertain whether domestic abuse had occurred, whether the complainant had been injured, and whether there was any risk of retaliation against the complainant or the complainant's children. Although both the complainant and the husband denied that his behavior justified the officers' actions and the arrest, the husband's behavior was consistent with the complainant's own report via the son's 9-1-1 call. The complainant was formally charged at the Johnson County jail. There is no requirement that a person be informed of charges at an earlier time. There was no obligation for the officers to read the husband his rights unless they intended to question him and use his statements as evidence against him. The Board finds that the Chief's conclusion that Officers A and B did not abuse their authority is supported by substantial evidence, and is not unreasonable, arbitrary or capricious. Allegation//1 is NOT SUSTAINED. Alle.qation 2: Officers A and B were rude and ill-mannered. In their interviews, both the complainant and the complainant's husband stated that the officers were demanding, "unprofessional," "immature," and "nasty and rude." While the Board understands why the family felt that the officers behaved rudely, the affirmative duty of the officers stated above required that they gain control of the situation and ascertain the well being of each person. The use of authoritative and loud verbal direction was appropriate and in accordance with the General Order on Use of Force. The Board finds that the Chief's conclusion that Officers A and B acted in accordance with policy is supported by substantial evidence, and is not unreasonable, arbitrary o~ capricious. Allegation #2 is NOT SUSTAINED. ~ Alle.qation 3: Officers A and B caused dama.qe to property in the-~ apartment. '-" PCRB 01-02 Page 4 In her interview with Board representatives, the complainant stated several things were overturned during the struggle between the officers and her husband, but that nothing was broken. Allegation #3 is NOT SUSTAINED. Alle,qation 4: The Police printed lies in the newspaper regarding this incident. A brief report of the incident, approximately one column inch, was reported in the "Police Column" of a local newspaper the day following the incident. It contained a summary of the charges filed in public documents and no officer was quoted. Allegation #4 is NOT SUSTAINED. Alle.qation 5: Officers used improper force durinq the arrest by utilizinq pepper spray in close proximity to a three-year-old child. Officer A and Officer B deny any awareness that a child was in close proximity, although all persons in the house were probably affected by the CC spray to some extent. The complainant and the husband stated that the three- year-old was in the vicinity, but their statements regarding proximity were not consistent. The Board finds that the Chief's conclusion that there is insufficient evidence to support the allegation is not unreasonable, arbitrary, or capricious. Allegation #5 is NOT SUSTAINED. COMMENTS Although two officers were dispatched as recommended by the ICPD General Order on Domestic Abuse, one officer arrived several minutes before the second. The Board recommends that the Chief review the General Order to determine whether the General Order should be more specific regarding the circumstances requiring an immediate response by one officer and/or the circumstances that might require the presence of two officers. PCRB 01-02 Page 5