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HomeMy WebLinkAbout2002-03-19 Info Packet of 2/28 CITY COUNCIL INFORMATION PACKET www.icgov.org February 28, 2002 MISCELLANEOUS ITEMS IP1 Meeting Schedule and Tentative Work Session Agendas IP2 Memorandum from City Manager: 2002 Iowa City Landfill Waste Reduction Grant Program Funding Recommendations IP3 Letter from City Manager to Jimmy Powers (Quinton's Bar & Grill): Sidewalk Caf~ IP4 Memorandum from City Attorney Matthews to City Manager: Iowa City Former Manufactured Gas Plant Site IP5 Memorandum from Planning and Community Development Director to City Manager: Parcel 64-1 a IP6 Minutes: February 13 Neighborhood Housing Relations Task Force IP7 Minutes: February 20 Neighborhood Housing Relations Task Force COUNCIL CORRESPONDENCE TO BE ACCEPTED MARCH 19 IP8 Wally Plahutnik: Northside Streetscape IP9 Carol Thompson (JC Board of Supervisors): Proposal to Consider Transit Authority for Johnson County IP10 JCCOG Traffic Engineering Planner: Designation of Four Vehicle for Hire Stands for Yellow Cab Taxi Company Located in the 400 Block of College Street, and One Vehicle for Hire Stand for Old Capitol Cab Taxi Company Located in the 100 Block of Linn Street COUNCIL CORRESPONDENCE PREVIOUSLY DISTRIBUTED - ACCEPTED FEBRUARY 27 Available at the City Clerk's Office · Mary Bars: Taxi Business · Mary Ameche: Bus Services · Todd Raba: Municipal Electric Utility · Franchise postcard from I individual · Greg Hassman: Public Power · Caroline Dieterle: Policy on Consent Needs Council · Johnson County Board of Supervisors: Resolution regarding Senior Center Agreement · Anthony Christner: Northside Marketplace Streetscape February28, 2002 Information Packet /continued/ 2 · Tim Holman: City Staffing · Dave Tingwald: Northside Neighborhood · Nancy Purington: Public Art Budget · Kurt M. Friese: Northside Improvements · Byron Ross: Budget Issues · Rockwell Williams: Northside Streetscape · Doug AIberhasky: Northside Improvements · Ron Clark: Northside Streetscape · Jan Williams: Planned Improvements to Northside Neighborhood · Tim Weitzel: Historic Preservation Commission Vacancy City Council Meeting Schedule and ~r~.,~ Tentative Work Session Agendas March 18 Monday 6:30p COUNCIL WORK SESSION Emma J. Harvat Hall I March 19 Tuesday 7:00p FORMAL COUNCIL MEETING Emma J. Harvat Hall Separate Agenda Posted IApri' n Monday 6:30p COUNCIL WORK SESSION Emma J. Ha/vat Hall I April 2 Tuesday 7:00p FORMAL COUNCIL MEETING Emma J. Harvat Hall · Separate Agenda Posted I April 15 Monday 6:30p COUNCIL WORK SESSION Emma J. Hat'vat Hall I April 16 Tuesday 7:00p FORMAL COUNCIL MEETING Emma J. Harvat Hall · Separate Agenda Posted I May6 Monday 6:30p COUNCIL WORK SESSION Emma J. Harvat Hall I May 7 Tuesday 7:00p FORMAL COUNCIL MEETING Emma J. Harvat Hall · Separate Agenda Posted May 20 Monday 6:30p COUNCIL WORK SESSION Emma J. Harvat Hall Meeting dates/times subject to change FUTURE WORK SESSION ITEMS Regulation of Downtown Dumpsters Downtown Historic Preservation Survey Airport Zoning Update Writers' Safe Haven Board and Commission Member Child Care Council Receipt of Email City of Iowa City MEMORANDUM Date: February 21,2002 /- ~ To: City Council ~'~ ~/~ From: City Manager Re: 2002 Iowa City Landfill Waste Reduction Grant Program funding recommendations This is the fifth year for the Iowa City Landfill's Waste Reduction Grant Program. The $25,000 annual program was created to assist any local government, business, or non-profit organization currently using the Iowa City Landfill in reducing their waste through the funding of equipment, special projects, and educational materials. The program is funded through the Iowa City Landfill's surcharge tax fund. The program is intended to invest in projects that have tangible and measurable waste reduction results. Past grant projects we have funded include collection bins for recyclable materials; compactors or balers for cardboard, paper, and plastic recycling; bags and containers for recycling programs; special cleanup events; and educational programs. This year we received eleven grant applications requesting a total of $34,519.37. The applications have been reviewed by the Iowa City Solid Waste Advisory Committee, and the committee has made the following recommendations: CITY OF NORTH LIBERTY Grant Funds Requested: $4,539.00 Recommended Funding: $3,927.56 Total Project Cost: $6,053.00 Project description: Funding for 750 curbside recycling containers. These containers will be added as the second container at the curb and will be used to collect newspaper, junk mail, magazines, and computer paper. Comments: The committee felt that this was a good project and recommends funding at 65% of the project's total cost. CITY OF NORTH LIBERTY Grant Funds Requested: $3,785.00 Recommended Funding: $3,250.21 Total Project Cost: $5,050.00 Project description: Funding the purchase of rechargeable batteries and battery chargers. North Liberty residents can exchange used batteries for rechargeable batteries and a battery charger. The exchange will be at the North Liberty Recreation Center. Funds were also awarded to build/purchase a drop site for the used batteries and an educational display. lC Landfill Waste Reduction Grant Funding Recommendations February 22, 2002 Page 2 Comments: The committee felt that this was a unique project and recommended funding at 65% of the project's total cost. EMMA GOLDMAN CLINIC FOR WOMEN Grant Funds Requested: $1,721.25 Recommended Funding: $194.37 Total Project Cost: $2,295.25 Project description: Funding the purchase of collection bins, storage cabinet, and travel money for the National Abortion Federation Conference. Clinic staff would like to find out more about recycling and waste reduction in medical facilities at this conference. Comments: The committee felt that funding the conference portion of the application was not appropriate but recommended funding the collection containers and storage. EMPLOYMENT SYSTEMS OF SYSTEMS UNLIMITED Grant Funds Requested: $2,048.90 Recommended Funding: $2,048.90 Total Project Cost: $2,048.90 Project description: Funding the purchase of a used baler for shredded paper. Comments: Employment Systems is a non-profit organization which can be funded at 100% in this grant program. The committee recommends funding 100% of the project. UNIVERSITY OF IOWA STUDENT GOVERNMENT Grant Funds Requested: $3,750.00 Recommended Funding: $3,750.00 Total Project Cost: $5,000.00 Project description: Funding for the purchase of collection containers, stickers for the collection containers, and the development of an educational web site. Comments: The committee felt that this was a good project that promotes recycling at the University. Since the student government is considered a non-profit organization the committee recommends full funding of their request. lC Landfill Waste Reduction Grant Funding Recommendations February 22, 2002 Page 3 ZEPHYR (20PIES Grant Funds Requested: $1,312.50 Recommended Funding: $1,146.20 Total Project Cost: $1,750.00 Project description: Funding to purchase a manual baler for white paper, cardboard, and paper wrappers. Comments: The committee liked the idea of a manual baler because it uses no electricity and does not require funds for installation. The committee recommends funding at 65% of the project's total cost. JOHNSON COUNTY REFUSE Grant Funds Requested: $4,535.62 Recommended Funding: $3,924.18 Total Project Cost: $6,047.50 Project description: Funding the purchase of recycle containers for rural households. Comments: The committee liked this application because it concentrates on recycling in rural areas. The committee recommends funding at 65% of the project's total cost. PREMIER AUTOMOTIVE Grant Funds Requested: $3,635.60 Recommended Funding: $3,134.68 Total Project Cost: $4,847.45 Project description: Fund the purchase of a baler for cardboard. Comments: The committee recommends funding at 65% of the project's total cost. TABLE TO TABLE Grant Funds Requested: $5,000.00 Recommended Funding: $0 Total Project Cost: $5,000.00 Project description: Funding for day-to-day operation of the food delivery program. Comments: The committee felt that this project did not fit the intentions of the grant program, so no funding is recommended. The committee believes that the Table to Table program fills an impodant need in the community and would like to see the organization apply next year for a more specific project. lC Landfill Waste Reduction Grant Funding Recommendations February 22, 2002 Page 4 THE OLD MARKET PLACE Grant Funds Requested: $2,551.50 Recommended Funding: $2,217.90 Total Project Cost: $3,402.00 Project description: Funding for the purchase of a baler for cardboard. Comments: The committee recommends funding at 65% of the project's total cost. COMMUNITY MENTAL HEALTH CENTER Grant Funds Requested: $1,640.00 Recommended Funding: $1,400.00 Total Project Cost: $1,640.00 Project description: Funding for the purchase of a heavy-duty shredder and 3 desk-side shredders. Comments: The committee felt that funding the one heavy-duty shredder was acceptable but was not comfortable funding 3 additional desk-side shredders. The committee recommends funding the $1,400 heavy-duty shredder only. TOTALS Grant Funds Requested: $34,519.37 Recommended Funding: $25,000.00 Total Project Costs: $43,134.10 It is our intention to proceed with the distribution of grant funds as recommended. cc: Solid Waste Advisory Committee Jeff Davidson Dave Elias Chuck Schmadeke Brad Neumann mgr~memo\gra ntrecom m doc FeBruary 25, 2002 Jimmy Powers Quinton's Bar & Deli 215 E Washington Street Iowa City, IA 52240 Dear Mr. Powers: I spoke with Assistant City Attorney Andy Matthews and understand you have concerns over the administrative policy governing anchored fencing for sidewalk cafes. Current policy stipulates anchored fencing must be removed from the public thoroughfare between December 1 and March 1 each year. This restriction is in place for safety reasons during snow and ice season. Structures, such as anchored fencing, act as collectors of ice and snow and create a hazard on the public thoroughfare. It is important to remember that sidewalk cafes operate on the public right of way. It is the City's primary responsibility and concern to assure sidewalks remain as open, passable, and safe as possible for pedestrians. Keeping in mind any potential liability also bears upon our decisions concerning the public thoroughfare. As an alternative to erecting anchored fencing during the restricted time period, a business is allowed to operate a sidewalk caf6 if temporary fencing-removed at the end of each day-is utilized. With our unusually warm weather, you can take advantage of this provision. However, before any sidewalk caf6 can be permitted, an application must be submitted and a signed agreement in place. On the recommendation of staff involved with enforcement of sidewalk cafb regulations, I am satisfied the current policy is appropriate and accommodating to those who wish to operate during the anchored fencing restricted time period. Sincerely yours, City Manager cc: Assistant City Attorney Andy Matthews City Council City of Iowa City IP4 MEMORANDUM TO: Stephen Atkins, City Manager FROM: Andy Matthews, Assistant City Attorney DATE: February 22, 2002 RE: Iowa City Former Manufactured Gas Plant Site In response to your inquiry regarding how sites such as these are "studied" and recommendations made, generally the EPA will enter into an administrative order on consent with the PRP (Potentially Responsible Party) that requires site investigation of potential contamination, which includes risk assessments to human health and the environment. If the PEP refuses, EPA can sue to get it done or will contract out the work and go after the PEP for the cost of the work. As it is almost always cheaper and more efficient to have the PRP do the work under the supervision and oversight of the EPA, most PRP's, when requested by EPA, generally perform the work. EPA then reviews such "studies", and can then request additional study or actions. MidAmerican has submitted a draft of the Site Characterization Report recently, which has all the lab data of field samples and analysis, and baseline risk assessment. Following further review by EPA, and any additional follow-up recommended or required by EPA, the final Site Characterization Report will be approved by the EPA and will become the basis for any decisions regarding further actions at this site. Let me know if you have any questions. cc: Eleanor Dilkes, City Attorney City of Iowa City MEMORANDUM To: Steve Atkins, City Manager From: Karin Franklin, Director, I~//!/J'~4 Re: Parcel 64-1 a Since the Council selected Marc, Monica and Michael Moen as the preferred developers for Parcel 64-1a, we have met with the developers on a number of occasions to work through the general principles of the Development Agreement. The staff project team consists of Joe Fowler, Susan Craig, Kevin O'Malley, Sarah Holecek, and myself. We have engaged Carlson, McClure and Associates from Des Moines to refine the appraisal of the property based on the requirements of the Development Agreement. This appraisal will enable us to address the true land value given the development the City is requiring for this parcel. This appraisal is due in March. Recently we have brought our bond counsel, Ahlers, Cooney, Dorweiler, Haynie, Smith & AIIbee, into the negotiations due to the use of tax increment financing bonds and their experience with these financing tools and development agreements. Their office will take the Agreement drafted by our City Attorney's office and ensure it meets the City's financial and project goal needs. I expect a draft from them for review by all parties by the end of March. Our hope is to have a Development Agreement for Council review and approval by the end of April. Construction on the site is scheduled for one year after the Agreement is approved by the Council. This is close to the schedule of January 2003 and should give the Library project a little breathing room. Cc Joe Fowler Susan Craig Kevin O'Malley Sarah Holecek MINUTES NEIGHBORHOOD HOUSING RELATIONS TASK FORCE FINAL/APPROVED WEDNESDAY, FEBRUARY 13, 2002- 3:30- 5:00 PM CITY MANAGER'S CONFERENCE ROOM Members Present: Hillary Sale, Jerry Hansen, Ted Chambers, Larry Svoboda, Nick Klenske, Tim Walker, Mike Newman, Ann Freerks, and Anne Vespa Members Absent: Mike Carberry and Sally Cline Staff Present: Marcia Klingaman, Sue Dulek, Capt. Matt Johnson, Norm Cate, and Doug Boothroy City Council Members Present: Irvin Pfab University Staff Present: None Others Present: Doris Houser and Susan Young (Rep's from the Board of the Landlord Association) Call to Order Hillary Sale called the meeting to order at 3:32 PM Approval of Minutes for February 6, 2002 MOTION: Larry Svoboda moved to approve the minutes of February 6, 2002 as submitted. Mike Newman seconded. Motion passed unopposed. Capt. Johnson added that in all considerations, staffing concerns must be taken in account. Discussion ReRarding List of Problems and Solutions The committee resumed reviewing the complete list of all suggested solutions to problems that have been discussed in past meetings. 1. "Housing Inspection": a. 2® paragraph (Landlord Info)- there was a great deal of disagreement on whether or not this could be implemented. Concern: 1 .) Newman was concerned with the constitutionality of telling people to attend a meeting. 2.) Boothroy was concerned that tenants could be evicted just because their landlord didn't attend a meeting and lost his/her permit. Comments: 1.) Cate said that there is no excuse for not knowing the rules now, since all of the information is readily available. 2.) Boothroy noted that the training part was okay; it was the mandatory part that was the issue. 3.) Freerks commented that she didn't think that people would look on the web for this sort of information. Suggestions: 1 .) Svoboda suggested disassociating the problem from the permit and to go to licensing. 2.) Boothroy suggested that the information be put on the web (currently it's only available in hard copy). 3.) Newman suggested an escalating amount for the permit if you don't attend the training. b. 7th paragraph (Snow model)- this might not be feasible since snow is more dangerous than blowing trash, so they don't really correlate well. Dulek said that a court order would be needed in order to go on a property for trash removal. Boothroy Neighborhood Housing Relations Task Force Minutes February 13, 2002 Page 2 noted that it all had to do with the opportunity to cure. Dulek summed it up saying, "you can't go on private property to remove private property." c. 2"d sentence following 8th paragraph (Mailboxes)- The committee revisited this item. The new proposal for a policy suggestion reads: "The City, in consultation with neighborhoods with criminal activity, will establish a pilot program concerning having landlords put tenant identification on the inside of their mailboxes." Comments: 1 .) Hansen could suggest this pilot program begin in his neighborhood. 2.) The sense of the committee: this is a good idea for troubled areas. 3.) Hansen noted that it is important that the City Council solicit the postmaster general for help with this. Suggestions: 1 .) Hansen suggested that there be a standard I.D. that the tenant puts in their own box so that landlords aren't required to do this. 2.) Freerks noted that the pilot program would also be useful in over-let apartment complexes. d. 3r" sentence following 8th paragraph (Permit charges)- Boothroy commented that the cost of the permit does not effect affordable housing. It was decided that this proposal be struck. e. 4th sentence following 8th paragraph (Newspapers)- this will be included as a policy suggestion. f. 9th full paragraph (Trash)- already in code. g. 10TM paragraph (Amnesty days)- stays as is. 2. "Fines": a. 1st paragraph (Encourage citations & increase minimum fines)- this will be included as a policy suggestion, with another body to come up with appropriate fines. Comments: 1.) Chambers noted that landlords should be required to show that they are cooperating. 2.) Chambers also noted how hard it is to evict even over-occupants due to state mandatory notice periods (thought this has gotten better in recent years). Suggestions: 1.) Boothroy suggested doubling the fine for the first offense and encouraging the City to cite every day that the individual is in violation. 2.) Hansen suggested writing a letter to local magistrates to get something with more teeth. b. 1st sentence (Unpaid fines)- Boothroy noted that Housing already collects for themselves. Hansen noted that contacting credit agencies would be adequate. C. 2nd paragraph (Hold on grades/diplomas)- will be drafted to include provisions against residents that are other than students. Comments: 1.) Klenske noted that this needs to have an enforcement mechanism against residents other than students, as well. 2.) Dulek noted that there is a twenty-year statute of limitations on such liens, but that they can be renewed with judgment. Suggestions: 1.) Hansen suggested that fines accumulate as a lien against your property so that you can't sell your property until your fines are paid. d. Last paragraph under "fines"- it was Sale's opinion that too much notice was being given. Boothroy noted that this is generally complaint generated, but then Housing Inspections systematically checks the whole block. The same concern was raised about citing on private property, so it was determined that citations could be made on public right-of-ways, like the sidewalk. Comments: 1 .) Dulek noted that a penalty can't be charged; it would have to be for actual costs. Neighborhood Housing Relations Task Force Minutes February 13, 2002 Page 3 Suggestions: 1.) Walker suggested that the fine structure for inspections be similar to the fire department charges for false alarms (escalating with each offense.) 2.) Boothroy suggested asking the judge to give fine and administrative costs. 3. "Enforcement": a. 1st paragraph (Citizens' Committee)- this would be a kind of follow-up group that would be advisory to staff. Suggestions: 1.) Have City Manager appoint them, and then the meetings would not have to be public. 2.) Nick Klenske voiced his opinion that at least one of the tenant slots should be filled by a student. 3.) Boothroy suggested including a landlord who is also a property manager since they may have different perspectives. b. Last paragraph (Publicity)- the idea behind this proposal was to create publicity around the issues, to turn up the heat on magistrates so that they will impose stricter fines. Suggestions: 1.) Dulek suggested petitioning the District Attorney's Office to request higher fines, 4. Issues Re-visited: a. Mailbox tags- already dealt with. b. Snow/trash- It was determined that they suggestion regarding treating trash like snow was suggested under both "Housing" and "Fines", In the future, it will be labeled under "Fines". It will be included in the landlord info packet that City staff will be able to come on the property if there is a clause that the landlords and tenants sign to that effect. c. Landlord Information- at the last meeting, there were serious concerns raised about this issue. So, 1 .) Landlords with a certain number of citations or complaints must go to landlord school; 2.) Repeat offenders get put on a increased schedule of inspections with escalating fines, as well as going to landlord school; 3.) Finally, if all else fails, stop renewing permits for the worst chronic offenders. Comments: 1 .) Cate noted that it is sometimes better to get a property in compliance than it is to start-off citing and fining them. 2.) Suggestions: 1.) Houser suggested only making the problem landlords come to the info meetings. 2,) Pfab suggested giving permit or license discounts to attendees. 3.) Boothroy's suggestion received the most support: any landlord who receives a municipal infraction should be required to communicate with Housing Inspection Services. 4.) Sale suggested that the Landlord Association keep track of what landlords attended a meeting on this info. Those who attended would be exempt from this. 5.) Boothroy noted that reduced term permits are under consideration with fees based on the cost of enforcement. 6.) Newman suggested licensing landlords and properties. 7.) Sale suggested requesting in court, education as a term. 8.) Tie the length of the permit with severity of fine, and need to have structured education outside of the landlord association. 9.) Boothroy suggested that if fines aren't paid by landlords for municipal infractions within a certain period of time (ex. 30 days) this will result in the non-renewal or revocation of the permit (ORDINANCE AMENDMENT). Neighborhood Housing Relations Task Force Minutes February 13, 2002 Page 4 Review of Other Issues for Next Meeting At the next meeting, the group will begin with "Criminal Activity". It is suggested that everyone reread the Davenport Ordinance before the next discussion. Everyone is encouraged to think creatively in terms of solutions. One or two Public Hearings will take place in February. Then, work will begin on drafting final recommendations for the City Council. Dulek confirmed that there is no social host liability in Iowa. Other Business None. Adiournment The meeting was adjourned at 4:51 PM t:shared/pcdlminuteslNeighborhoodHousinglnhrt[O2.13.(~2.doc MINUTES r~ NEIGHBORHOOD HOUSING RELATIONS TASK FORCE FINAL/APPROVED WEDNESDAY, FEBRUARY 20, 2002- 3:30- 5:00 PM CITY MANAGER'S CONFERENCE ROOM Members Present: Hillary Sale, Jerry Hansen, Mike Carberry, Larry Svoboda, Nick Kienske, Tim Walker, Mike Newman, Ann Freerks, and Anne Vespa Members Absent: Ted Chambers and Sally Cline Staff Present: Marcia Klingaman, Sue Dulek, Capt. Matt Johnson, Norm Cate, and Doug Boothroy City Council Members Present: Irvin Pfab University Staff Present: None Others Present: Doris Houser and Susan Young (Rep's from the Board of the Landlord Association), Maryann Dennis, and Mike Williams (Daily Iowan Repoder) Call to Order Hillary Sale called the meeting to order at 3:32 PM Approval of Minutes for February 13, 2002 Sale made the decision to postpone approval of the 2/13/02 minutes until next week since many did not have time to review them. Discussion Reqardinq Criminal Related Issues Sale noted that everyone has a sense of concern for criminal activity in the area. Hansen will first talk about the Clear and Present Danger Law. His concern is that a neighbor cannot use this law since you must be within 1,000 ft of the problem. Sale commented that it is more useful for landlords. 1. Davenport Ordinance: (This discussion was led by Jerry Hansen and Mike Newman) Hansen read the following passage from the ordinance: "When one or more of the following acts are committed within a period of 12 consecutive months upon a property or within 1500 feet of a property by an interested party or permittee..." He then asked what the definition of an "interested pady and permittee" was. Interested parties are defined as a property owner, resident or tenant. Hansen cited #812015 and noted that he likes the categories of offenses and lays down ground rules (though this would be adapted). Hansen read the tail-end of C where it says: "The above references to provisions of the Iowa Code or to the Davenport Municipal Code should not be interpreted to mean that a prosecution of a specific charge is necessary." Hansen interpreted that to mean that you don't necessarily need a conviction before some action is taken. Regarding inspection of premises (#812080), Hansen read where it said: "The City Administrator is authorized to enter or remain upon private property to the extent reasonably necessary for the purpose of locating, identifying, documenting nuisances." Hansen interpreted this to mean that the City Manager has the right to, at any time, go Neighborhood Housing Relations Task Force Minutes February 20, 2002 Page 2 on private property if there is an emergency. Sale said that state law superceded city law and demands a 24-hour notice. Dulek said that the state law was a requirement on the landlord, but she doubted that the City could go on private property without a warrant. However, Boothroy noted that if you can see a nuisance from an alley or by any other means off the property (by plane or telephoto lens), you can cite it. Nevedheless, to go the property you need a warrant. Hansen expressed his desire that the Iowa City Code have emergency language similar to that found in the Davenport Ordinance. He quoted: from #812080, "Emergency: If it is determined by the City Administrator that an emergency exists by reason of the continuing presence of a nuisance, the City may perform any action that maybe required under this chapter without prior notice or hearing." Boothroy commented that the City has broad language in respect to emergencies. However, trash and such is not generally considered an emergency. Rarely, the provision has been used to abate a public health emergency. Boothroy gave an example of a public health emergency where the nuisance provision was used in the case of an elderly individual whose home was full of debris and human feces. The nuisance ordinance has not been used for criminal activity. Sale commented that language like this sounds good, but is not constitutional. Boothroy noted that there is already emergency language in the code for nuisances. Sale added that po[ice don't need emergency language for a criminal act. Hansen wanted to know what would happen if an individual had an AK-47. Dulek said the City could not go in without a warrant. Johnson noted that the police might have a reason to enter without a warrant if exigency existed. Hansen then asked if police could go in without a warrant if there was a methamphetamine lab suspected. Johnson reiterated that unless there are conditions of exigency (fear of destruction of evidence or fear of bodily harm). In addition, the police cannot create exigency by their presence. Sale noted that there must be a certain level of information or evidence before a warrant can be awarded. Once these conditions have been met, a warrant can be processed very quickly, even in the middle of the night. Johnson commented that police can start processing a warrant sooner because of technology that allows you to work on a laptop. However, you may not e-mail a warrant request to the judge. Hansen quoted Iowa City Nuisance Ordinance of 1998, section lB: "Authority to restore order and failure to disperse. Upon issuance of the citation for a violation of this section, any peace officer of the City of Iowa City shall have authority to restore order upon the subject premises up to and including ordering the dispersal of persons from the subject premises." Hansen wanted to know if this meant that police could walk in without a warrant. It was determined that this provision was meant for disorderly houses and a warrant would be needed in other circumstances. Hansen wanted to know why Iowa City could not have something like this provision for something like a meth lab or someone who publicly has a weapon. Capt. Johnson said that if there is sufficient concern that the weapon will be used, this would create exigency and the police can go in without a warrant. Discussion ensued as to the circumstances under which police could enter a premise without a permit. Capt. Johnson offered as a rule of thumb: the closer you get to a dwelling, the more likely you are to need a warrant. For example, you can go in a property's parking lot and even the building without a warrant, but you need a warrant to go in a dwelling. Neighborhood Housing Relations Task Force Minutes February 20, 2002 Page 3 For #812120, concerning violations and penalties, Hansen asked if language like this exists in Iowa City. Dulek responded that under D, Iowa City does not have rental permit revocations and the offenses listed are different. It also reads that "Each day the violation exists shall constitute a separate offense"---this language is in the code, but it is not used. Boothroy explained that Iowa City cites more for contempt. Hansen commented that he felt that it was a good idea to go along with C and to go ahead with D. Dulek noted that Davenport's whole nuisance chapter includes criminal and civil nuisances; $750 is the limit for fines. Boothroy noted that his office usually does this by resolution, but it has the same effect. Sale asked Hansen directly what he believed the Davenport Ordinance could do for Iowa City that isn't being done right now. Hansen said that Davenport has never been challenged in court. It leads to compliance and has been effective in Davenport as a tool to solve criminal problems. He also noted that these criminal problems are not being solved in Iowa City. To this, Sale responded that the Davenport Ordinance offers nothing new in the absence of enforcement. Hansen said that he keeps being told that the Davenpod Ordinance won't work, but it has worked for five years. Hansen expressed his desire to have landlords evict for gang activity, which he sees as a clear and present danger. He also commented that he thought that gang members might be able to be tried under a RICO statute. Svoboda responded that the presumption of innocence prevent landlords from acting against their tenants until convicted. After there has been a conviction and the landlord is held harmless, then they will consider eviction. A proper directive is needed for eviction. Landlords are hesitant to evict for liability or civil right reasons. Freerks mentioned a marijuana drug bust on South Lucas where the landlord was given notice and the people were evicted. Capt. Johnson said that after the arrests were made, the warrant was served and the controlled substance seized, the landlord was notified. The landlord then elected to deliver the clear and present danger notice to the tenants and they were evicted. 2. Clear and Present Danger Law (Status Quo)- (This law has not been tested) The Clear and Present Danger doesn't talk about multiple tenants. Svoboda is concerned that if he evicts a unit and only one of the tenants was involved in drug activity that the other tenants could bring suit. Dulek suggested a way around this: evict the unit and then five minutes later re-lease to the innocent tenants. Hansen commented that he wants to provide language for landlords to evict and the City to back them up. Dennis noted that dealers are often not on a lease and so they cannot be evicted. 3. State and Federal Forfeiture Statute (Status Quo)- this allows the county attorney to bring a cause for action to take property away from drug dealers. Dulek noted that cars are the property that is usually seized since most drug dealers rent and don't own a home. You have to prove that a landlord knew about drug activity within his/her building and did nothing, before the landlord's property can be seized. Svoboda commented that the threat of seizure would scare bad landlords into action. 4. Permit Watch List (Status Quo)- Problem Properties are put on a problem property list and are inspected more frequently. Criminal properties could be added to the watch list or maybe permits wouldn't be renewed. This could be altered to include a shame list. Landlords would be encouraged to screen their tenants better. 5. Landlord Task Forces (Status Quo)- landlords in trouble areas that meet to resolve problems. There is a possibility that this could be institutionalized. Neighborhood Housing Relations Task Force Minutes February 20,2002 Page 4 6. Boulder, Colorado Nuisance Ordinance- Freerks handed out copies of their nuisance ordinance for the committee to review. Sale commented that it looked like Boulder had most of this committee's ideas worked out. 7. Neighborhood Stabilization Task Force (St. Louis, MO)- Freerks introduced this task force to the committee. Owners are notified of drug arrests and orders abatement of the problem. This has resulted in fewer repeat offenses. There was some brief talk about the Wellington Neighborhood Association (in Cedar Rapids) and the Wetherby grant to boost patrols. They were both decided to be ineffective or at the least, minimally effective. Hansen said that he needed a summary from the police department on the success of the Wetherby program. Sale commented that she felt police presence is always good if it can be provided. She gave the example of the traffic cop on Melrose that keeps people from speeding since they are always there. Hansen said that after the Wetherby drive-by shooting, anyone who was pulled over for a routine traffic violation had their car searched. He noted that this cut down on drugs and violence and would like to see more enforcement like this. Sale responded that the Supreme Court has ruled such actions unconstitutional. Hansen went on to say that racial profiling is unavoidable and that the community needs to back the police up on this. Carberry said that the silent majority agrees with that statement. It is Hansen's opinion that the police should be supported and that they should not be stripped of their weapons, which are the tools that they use to keep the peace. There are two concerns: 1. Not enough people listen to these problems 2. Enforcement- staffing has not been increased as the population increases (Police and Housing). This staffing costs money and so additional money would have to be allocated. Pfab said that next week the council will approve the budget for housing. Boothroy said that there's no additional staff in the budget. Pfab said that comments are still welcome and anyone can come to the meeting or e-mail or mail comments. Review of Other Issues for Next Meetinq At the next meeting, the group will try to reach a consensus on criminal issues. Sale will redraft the suggestions with only omissions and mis-wordings being revised. Capt. Johnson mentioned that he was in the process of facilitating a presentation by the County Drug Investigator for the Neighborhood Safety Office at Broadway. He asked if the committee was interested in participating. Other Business There are two e-mail address changes: Jerry Hansen- [unchanged] @mchsi.com Mike Newman- playball@mchsi.com Adjournment The meeting was adjourned at 5:00 PM t: shared/pcd/neighb(~rhood housing/nhdf02-20-02 doc Marian Karr ~ From: Wally Plahutnik [zinguy@yahoo.com] Sent: Wednesday, February 27, 2002 4:52 PM To: co u ncil@iowa-city.org Cc: doug@johngmcey.com Subject: Northside streetscape Dear Council Member, I work at Johffs Grocery and reside at 430 N Gilbert with my wife Victoria Walton, who teaches at Horace Mann Elementary. You will soon be making decisions concerning the Northside neighborhood that will affect us on a daily basis. We strongly encourage you to proceed with the planned Northside streetscape improvements. We have seen a constant improvement in the Northside Marketplace area due largely to efforts by individual businesses and the landscaping the city has already put in place. With the brickwork the University plans to put in the Seashore-Van Allen walkway and the great improvements downtown, the Northside project would extend the unique charm of Iowa City into another shopping and commercial district. Pagliai's, Linn St. Cafe and Johffs Grocery all draw substantial amounts of business from out o£town. Making this area a gateway to downtown will only help all businesses. Unlike development south of Burlington street, where major players wait for tax breaks from the city, we have already invested our money, our time and our lives in this part of town and look forward to continuing the partnership the city has begun to make the Nothside Neighborhood a still more vibrant part of our community. An additional note regarding proposed keg ordinances: Quiet, responsible gatherings have never been a problem and laws currently exist for dealing with loud noisy parties. To paraphrase the NRA - kegs are not the problem, loud obnoxius drunk people are the problem. Enforcing the noise ordinance, public intox laws and disorderly house laws should take care of this. Living as we do, in the middle of the north side student area this is of paramount concern to us but we feel enforcing existing laws is the answer. Thank you, Wally Plahutnik Do You Yahoo!? Ya~hoo! Gre~tkn4gs - Send FREE e-cards for every occasion! 2/27/02 Johnson County Carol Thompson, Chairperson Pat Harney Mike Lehman Terence Neuzil Sally Stutsm~ Febma, 25, 2002 Mayor Jim Fausett Mayor Clair Mekota The City of Coralville The City of North Liberty P.O. Box 5127 5 East Cherry Street 0,~/'~ ~ Coralville, Iowa 52241 P.O. Box 77 North Liberty, Iowa 52317 Mayor Ernest W. Lehman The City of Iowa City 410 East Washington Street Iowa City, Iowa 52240 Re: Proposal to consider a transit authority for Johnson County Honorable Mayors: The Johnson County Board of Supervisors is interested in getting your reaction to a proposal to establish a transit authority for Johnson County. A transit authority would combine Johnson County SEATS Coralville Transit and Iowa City Transit into a single stand-alone transit organization. For example, a possible organizational structure would be to have a board of directors made up of elected officials from the participating entities. We also envision a transit advisory committee consisting of transit authority staff and transit users from the public, including persons with disabilities. We believe such a consolidated organization could have operating efficiencies and cost savings that are superior to the existing arrangement of three separate systems. We are under the impression that the transit authority could be its own taxing body, which would reduce the general fund commitment by the participating entities. We are also interested in your thoughts about the University of Iowa CAMBUS system. It would make sense to have them be part of the proposed transit authority, but the issues with its free fare policy, student fees, and use of student labor are fairly well established. We are certainly not opposed to extending our proposal to the University if they would be interested. 913 SOUTH DUBUQUE STREET, SUITE 201 * IOWA CITY, IOWA 52240-4207 ,* PHONE: (319) 356-6000 * FAX: (319) 356-6036 February 25, 2002 Page 2 Now that all of the fixed-route buses are lift-equipped, it seems like there could be more closely coordinated operations between the fixed-route system and the paratransit system. We envision that this could allow better service between the outlying small towns and the Coralville-Iowa City urbanized area. We are aware that the North Liberty City Council has periodically discussed a higher level of transit service for North Liberty. Because of the ongoing growth in North Liberty and the prospect for establishing transit service, we are also directing this correspondence directly to Mayor Mekota. We recognize that there will need to be additional study of this issue. We are aware that the Johnson County Council of Governments has [~rovided rese~..~arcb op consolidatiov of the transit systems in past years, and we would look to them to guide us through evaluating the pros and cons of a combined system. It is our opinion that with the pending renegotiation of paratransit contracts between Johnson County SEATS and Coralville and Iowa City, as well as our existing vacancy in the SEATS administrator position, now is an opportune time to consider this matter. Our Executive Assistant will be contacting you as a follow-up in the near future. Sincerely, Carol Thompson Chairperson cc: JeffDavidson, Executive Director, JCCOG David Ricketts, Director, Department of Parking & Transit Mary Sue Coleman, President, The University of Iowa Martin Jones, Council Member, City of University Heights Glenn R. Potter, Mayor, City of Tiffin Mike Finnegan, Business Manager, The University of Iowa City of Iowa City MEMORANDUM Date: February 26, 2002 To: City Clerk From: Beth Pfohl, JCCOG Traffic Engineering Planner Re: Item for March 19, 2002 City Council Meeting: Designation of four vehicle for hire stands for Yellow Cab taxi company located in the 400 block of College Street, and one vehicle for hire stand for Old Capitol Cab taxi company located in the 100 block of Linn 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(19), four vehicle for hire stands in the 400 block of College Street will be renewed for March 1, 2002 through March 1, 2003 for Yellow Cab taxi company. In the 100 block of Linn Street, one vehicle for hire stand will be renewed for March 1, 2002 through March 1, 2003 for Old Capitol Cab taxi company. Comment: This action is being taken at the request of the Yellow Cab and Old Capitol Cab taxi companies and has been approved by the Director of Parking and Transit. The annual fee for a vehicle for hire stand inside the central business district is $780 and for outside the central business district is $540. lndexbc~memo\3-1 BP.doc 5: - J CAB STAND ND SCALE COLLEGE STREET F T T TT T -I YELLOW YELLOW YELLOW C413E C415E C417E CAB STAND CA3 STAND CAB STAND Z 0 OLD 0 CAPITAL Z CA~ ~ ~ © W- Fn LINN STREET