HomeMy WebLinkAbout2008-11-03 Bd Comm minutes4b 1
MINUTES
PLANNING AND ZONING COMMISSION
SEPTEMBER 18, 2008 - 7:30 PM -FORMAL
CITY HALL, EMMA J. HARVAT HALL
APPROVED
MEMBERS PRESENT: Charlie Eastham, Ann Freerks, Josh Busard, Elizabeth Koppel,
Michelle Payne, Wally Plahutnik, Tim Weitzel,
MEMBERS EXCUSED: None
STAFF PRESENT: Karen Howard, Sarah Walz
OTHERS PRESENT: Karen Kubby, Wendy Robertson
RECOMMENDATIONS TO CITY COUNCIL:
The Commission voted 7-0 to approve the Central District Plan as an element of the Iowa City
Comprehensive Plan. The Central District extends from the boundary of the Downtown District
east to First Avenue and from Dodge Street and Hickory Hill Park on the north to Highway 6 on the
south. The draft presented to the Commission was approved with the following amendments:
• Add color coding symbols to the definition of the terms on pages 62 and 63.
Add language in the "Housing and Quality of Life" section that requires a heightened
awareness of rebuilding or redeveloping in all flood-prone areas.
Add language on page 39 to include gardening groups in the community other than
Project Green.
Add language on page 21 discouraging dorm-style apartments where appropriate.
• Define affordable housing to include all applicable income groups.
Add language in page 19 about maintaining the residential character of the Oak Grove
neighborhood in the face of redevelopment.
• Revise maps in the plan to make them accurate prior to the final draft.
CALL TO ORDER:
The meeting was called to order at 7:30 p.m. by Chairperson Ann Freerks.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was none.
COMPREHENSIVE PLAN ITEM:
A public hearing to consider adoption of the Central District Plan as an element of the Iowa City
Comprehensive Plan. The Central District extends from the boundary of the Downtown District
east to First Avenue and from Dodge Street and Hickory Hill Park on the north to Highway 6 on the
south.
Howard noted that Staff had received an e-mail from Cindy Parsons regarding Project Green and
proposed community gardens be somehow included in the Central District Plan.
Howard presented a draft of the plan in which language and additions that had been changed as a result
Planning and Zoning Commission
September 18, 2008 -Format
Page 2
of the informal meeting's discussions were underlined.
Howard pointed out language on page 19 intended to make it clearer that the mixed-use zone on Gilbert
Court is a transition or buffer between the neighborhood to the east and the more commercial zone to the
west. An objective was added on page 20 to support efforts to create opportunities for affordable housing
within redevelopment areas. Freerks noted that her concern had been directed at maintaining current
affordable housing stock. Howard asked Freerks to take a look at the language that was added and see
if it meets her concerns. Freerks asked if "maintain" could be added to the passage. Walz noted that the
mixed-use zone is largely dependent on the rail line coming through that area. That being the case, the
value of the properties would likely increase and possibly lead to some gentrification of the area with the
implementation of a rail line, and may or may not remain "affordable" depending on the market. In that
case, Howard said, short of public intervention or non-profits buying the homes to maintain their
affordability, there would be no saying what their value might become. Freerks asked if there was
anything in the goals which addressed maintaining affordable housing. Howard said she believed there
was a lot of language about affordable housing in general. Plahutnik asked if it would work to simply say
"protect and maintain the residential character of the neighborhood," and leave out references to
affordability. Walz said that even if the zone was kept RS-8 and not changed to mixed-use the
affordability of the houses would not necessarily be protected. Koppes noted that a residential feel can
be maintained in a commercial area as suggested by Plahutnik. Howard said that in order for this plan to
be implemented the area would have to be rezoned to mixed-use and redeveloped. In the redeveloped
area, the idea should be to make a concerted effort to ensure that a portion of the housing stock was
affordable. Freerks said that her concern was not just the affordability, but also the residential feel and
the access to good schools. She said the heart of what she was talking about was not wanting to crowd
those kinds of home-owners out of the area. Howard explained that the mixed-use zone is intended as a
buffer between intensive commercial areas and residential areas. Freerks reiterated that her concern
was in not pushing out existing homeowners. Weitzel said that he feels caught between maintaining the
neighborhood as it is now versus making sure new development continues to provide a residential
character and affordable housing opportunities. Weitzel said that if the idea was to preserve buildings as
they are now then that would be more of a historical district, which could be picked up during the Oak
Grove survey. Walz said that Staff had looked into that and there were no houses that were historically
significant. Freerks said that it was not a historical nature she was concerned about as much as letting
families feel like they can stay in the neighborhood once it is redeveloped. Howard asked if Freerks was
concerned about families feeling pushed out due to gentrification. Freerks said that it was more the idea
of large-scale commercial development abutting these areas. Koppes asked if the basic concern Freerks
had at this point was that the people living there should not feel pressured that their neighborhood is
being redeveloped and that they must sell and move. Walz suggested changing wording on page 19 to
read: "Careful planning will be necessary to ensure that there is an attractive and functional interface
between the redevelopment area and the residential neighborhoods to the east to maintain the current
residential character." Freerks stated that she believed that would help.
Eastham stated that he had one other issue to address in the "Housing and Quality of Life" section of the
plan. Freerks stated that she felt it was best to stick to the specific changes Staff had made and then
open public hearing. She said she felt that they had gone deeper into wording things than they had
wanted to. She directed Howard to move on.
Howard stated that there had been a change on page #34 of "Streets and Transportation." A sentence
was added to the section on cut-through traffic on local streets. The sentence states that context-
sensitive design will be implemented in addressing this as will creative solutions to increase capacity and
improve the roadway for all modes of transportation while minimizing impacts to neighboring properties.
Freerks stated that she believed this change captured the essence of what had been discussed at the
work session.
Howard noted a tweak on the portion concerning creating parks and pocket parks. Additionally, Staff
added a piece concerning Plum Grove and the possibility of acquiring neighboring properties to enhance
that park. Weitzel suggested noting the possible need for a survey of those properties to ensure that they
are not historically significant. Howard stated that she would consult Miklo on this, but that he was very
careful to look at existing resources to ensure that the properties were not of historical significance.
Howard stated that the section concerning Gilbert Street also included a provision regarding a transition
Planning and Zoning Commission
September 18, 2008 -Formal
Page 3
from commercial to residential. Staff also made sure that one of the objectives was taking into account
flooding along the riverfront area.
A new map was added to the plan in the Northside Marketplace area and the boundaries were redrawn to
match with those on the streetscape plan. The historic survey was also looked at to determine which
were the historically significant properties in the area.
Howard apologized to any of the public present who had not been present to hear the full presentation at
the previous meeting, but stated that Staff would be more than happy to answer any questions they may
have about the plan as a whole.
Freerks asked if there were questions for Staff on the changes that had been made. There were none
Freerks opened the public hearing.
Karen Kubby, Ridge Street, said she came to speak about three things. She said she was present as a
member of FAIR!, a group that is concerned with affordable housing and has been talking a lot lately
about flood mitigation. She said that one of the things FAIR! is interested in is ensuring that any
redevelopment along the Ralston Creek or Iowa River floodplain is flood resilient. She said she felt she
needed to ask the question of whether residential rebuilding should be allowed in the floodplain. Kubby
said that there was not much of a problem along the Ralston Creek floodplain this year, but that there had
been in the 1993 floods. Kubby said that the characterization of commercial property along the floodplain
is much different than that of residential property.
Kubby said she had appreciated the conversation about affordability that had taken place. Kubby said
that she is concerned about gentrification. When commercial development occurs next door to affordable
neighborhoods pressure to move is felt. Kubby said that to talk about maintaining the residential
character of a neighborhood is not enough because you can retain some parts and lose other essential
parts. Kubby said that there is a huge gap in the number of affordable rental and owner-occupied units in
this city which has been magnified by the floods. Anything that these district plans can do to really speak
to these issues provides momentum to keep our eye on that ball, Kubby said.
Kubby noted that pocket parks are sometimes necessary in very densely populated neighborhoods, but
that they are very expensive for the City to maintain. Kubby said there are also some advantages to
pocket parks, especially when they are turned into community urban gardens to grow flowers or food.
Kubby said she did not want to have things in the plan that are so expensive that the parkland is
purchased but is not maintained, thereby causing frustration in the neighborhood.
Wendy Robertson, 523 Grant Street, also identified herself as a member of FAIR! She said she would
like to thank Staff and the Commission for some of the things that have been added to the plan. She said
her primary concerns centered on affordable housing and flooding. Robertson said that she appreciated
the term affordable housing being used throughout the plan, but that very often when people speak of
affordable housing they are talking about home that can be purchased by those making 80-120% of the
median income. She said that while this is a type of affordable housing that is needed in Iowa City,
attention must also be paid to those who make less than 80% of the median income. In the plan it is not
clear to whom the document refers when using the term "affordable housing." She said she wished that
was clearer in the plan.
Robertson said she was very happy that the plan encouraged traffic on arterial streets and attempted to
insulate neighborhoods from excessive traffic. However, she wished to point out that some streets are
arterial for a part of its length but not all of it, and that has the effect of dumping traffic into neighborhoods.
She listed Court Street, Muscatine, parts of Bowery and the section of Gilbert Street north of Jefferson as
examples of this phenomenon. She asked that particular attention be paid to these streets, and
suggested bike routes as a possible way of alleviating this problem.
No one else wished to address the Commission, and the public hearing was closed.
Busard moved to approve the Central District Plan with the changes discussed during the meeting
Planning and Zoning Commission
September 18, 2008 -Formal
Page 4
Eastham seconded.
Weitzel noted that he wished to make sure that the concerns just raised by the public were also
addressed.
Eastham stated that a part of the discussion at the informal meeting had begun to focus on limiting the
number of bedrooms in a unit to encourage development of housing that is more attractive to everyone.
Eastham said that there is language to this effect concerning the Northside Marketplace area on page 16,
which states that the goal is to encourage smaller apartments with two or fewer bedrooms to prevent
dorm-style apartments that many believe would be detrimental. Eastham said he would like to add a
sentence to the same effect as a goal for the "Housing and Quality of Life" section of the plan. Howard
said that adding this may prove confining in the future as it is giving a prescription before the matter has
been looked at in detail. Freerks said that this has come up before and that she remembers
approximately eight times since she has been on the Commission in which people have stepped up and
said that there is a problem with redevelopment going toward dorm-style apartment living. She said that
this is an open problem in the community and she does not see why the Commission would just pick one
particular area in the community to try to remedy it. Howard said she would suggest using the term
"dorm-style" apartments, and not putting a number on it. Howard said that it should be kept in mind that a
lot of these goals and objectives have not been examined in such detail that real, workable solutions have
been deeply considered. She recommended keeping the goals general enough that they do not prevent
Staff from developing creative solutions in the future. She did think adding language discouraging dorm-
style apartments would not be prohibitive.
Weitzel said that he would like to see the topics discussed that had been brought up by the public.
Specifically, he wished to have the stronger language regarding floodplain development and flood
resilient building added to the plan. Weitzel said that he was not trying to prohibit development in the
areas discussed; rather he was trying to promote sensible development. Koppes suggested adding
"resilient" to goal #4. Busard asked if the Federal Emergency Management Agency (FEMA) would not be
instructing the City as to what could be built in floodplain areas. Weitzel said he believed FEMA only
advised whether flood insurance could be purchased in a given area and did not advise on a specific type
of construction. Koppes said FEMA has requirements on what can be built in an area if the area is
bought out by FEMA, but that the area in question is not abuy-out area. Busard pointed out that for a
given area no development at all may be more appropriate than flood resilient development. Howard said
that the problem is that it is not yet possible to figure out what the most appropriate use for that specific
area might be: a parking lot, parkland, stilted non-residential buildings. Eastham said that what he heard
from Kubby was 1) pay attention to flood risk when planning redevelopment and 2) to consider prohibiting
residential uses at all in flood-prone areas. Eastham said he is in favor of both of those concepts.
Plahutnik said that one piece of language that should go into the plan is the phrase "and other flood-prone
areas" in addition to discussions of the riverfront. Howard said that should be added to the plan in a
section that would apply to the whole district, rather than just the section on the South Gilbert Street area.
Walz noted that this language would include areas near Ralston Creek which would affect a much larger
section of town. Eastham said that he personally felt that it should be a modification of the
Comprehensive Plan itself because that language applies to the whole community; although he noted,
Comprehensive Plan changes are for another day. Howard noted that most of the Central District is
already built out, and that it was originally brought up in the South Gilbert area because it was an area
with the greatest potential for redevelopment. She said that something could be added to the "Housing
and Quality of Life" section to create more awareness of the issue outside of the immediate riverfront.
The language concerning Project GREEN, community gardens, and other organizations which was
suggested by Robertson and Kubby could be added somewhere in the section on Parks to relay the
general idea that the community has a lot of partners to work with on these issues, Howard suggested.
Koppes noted that there is an issue with community gardens and the amount of work involved unless
there is a very organized group and strong partnerships focused on each specific garden.
Eastham said that another comment he heard from the public hearing was to make sure that the word
"affordable" as it pertains to housing includes all applicable income groups, and is defined at some point
in the document.
Planning and Zoning Commission
September 18, 2008 -Formal
Page s
Weitzel asked if there was a need to put something in the plan about avoiding gentrification of the Oak
Grove neighborhood area with redevelopment. Howard said that she was concerned with putting
something in the plan about which there was nothing the City could do. Gentrification is amarket-driven
phenomenon, and while there are certain things that can be done to work with affordable housing
producers to keep housing affordable, short of price-controls there is nothing the City can do to avoid the
phenomenon altogether. Freerks-said she was not comfortable putting something that specific in the plan
over which the Commission had no control.
Payne, who returned after having to excuse herself, asked if the issue of arterial streets not being arterial
for their full lengths had been discussed. She was advised that it had not. Payne asked if there were
signs indicating where bike trails are and which roads bikes should or should not be on. Howard said that
Iowa City is working on a bike-way plan which would supersede anything in this plan concerning bikes.
The idea with bike-ways, Howard said, is to create known routes that are safer for bikes, while not.
prohibiting bikes on other roadways. Plahutnik said that higher traffic levels are something that one must
simply accept when living at the end of an arterial street as he does. He noted that there is a procedure
citizens can go through to request traffic-calming measures if the issue is of concern to the neighborhood.
Freerks said she believed the plan was a very solid piece of work and she thanked everyone involved in
putting it together, and in accepting so much public input. Weitzel said that he was really excited by the
Transit Oriented Development in the plan, and that it would have a transformative effect on the South
Gilbert area and potentially on the city as a whole. Eastham said that he agreed with the comments that
had been made and that he was also very pleased to see a set of ideas for redeveloping some areas that
have very high-density student housing. He said that he hoped having these ideas in the plan will
eventually result in some redevelopment of that area which would improve the quality of life for many
people.
Greenwood-Hektoen advised that before a vote was taken, the record should be made clear exactly what
changes were taking place. She noted that Busard's motion was to accept all of Staffs changes that
resulted in the latest version of the Central District plan. Greenwood-Hektoen said she believed that
friendly amendments could be made to Busard's motion and then be voted on. Greenwood-Hektoen
outlined the amendments as follows:
• Add color coding symbols to the definition of the terms on pages 62 and 63.
• Add language in the "Housing and Quality of Life" section that requires a heightened awareness
of rebuilding or redeveloping in all flood-prone areas.
• Add language on page 39 to include gardening groups in the community other than Project
GREEN.
• Add language on page 21 discouraging dorm-style apartments where appropriate.
• Define affordable housing to include all applicable income groups.
• Add language in page 19 about maintaining the residential character of the Oak Grove
neighborhood in the face of redevelopment.
• Revise maps in the plan to make them accurate prior to the final draft.
Weitzel moved to accept the amendments. Plahutnik seconded
Freerks called for a vote. The motion carried 7-0.
CONSIDERATION OF MEETING MINUTES: SEPTEMBER 4, 2008:
Eastham motioned to accept the minutes. Payne seconded. The minutes were approved on a vote of 7-
0.
OTHER:
None.
ADJOURNMENT:
Planning and Zoning Commission
September 18, 2008 -Formal
Page 6
Eastham motioned to adjourn. Weitzel seconded. The meeting was adjourned on a 7-0 vote at 8:37 p.m.
Iowa City Planning 8 Zoning Commission
Attendance Record
2008
Name Term
Ex ires
112
1117
3/20
M3
M17
5/1
5115
6/5
6119
713
7117
8/7
8121
914
9/18
J. Busard 05/11 -- -- -- -- -- -- -- -- -- --- -- -- -- -- -- -- x O/E X O/E x x x
C. Eastham 05/11 X X X X X X X X X X X X X X X
A. Freerks 05/13 x x x x X X X x X x x x x x x
E. Ko es 05/12 X X X X X X X X X X X X O/E X X
M. Pa ne 05/10 -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - -- O/E X X
W Plahutnik 05/10 X X x x X O/E X O/E X x x X X X x
T. Weitzel 05/13 -- -- -- -- -- -- -- -- -- -- X x x X x x X X X X
I41CllO1~AAl MFFTItir
Name Term
Ex ires
~
y21
4/14
5/12
6/2
6/30
7/14
8/18
9/15
J. Busard 05/11 -- -- -- -- -- -- -- -- -- -- X X X X
C. Eastham 05/11 X X X X X X X X X
A. Freerks 05/13 X X X X X X X X X
E. Ko es 05/12 X X X X X X O/E X X
M. Pa ne 05/10 -- -- -- -- -- -- -- -- -- -- -- -- -- -- X X
W. Plahutnik 05/10 O/E O/E X X X X O/E X X
T. Weitzel 05113 -- -- -- -- -- -- X X X X O/E X
Key:
X =Present
O =Absent
O/E = AbsenUExcused
4b 2
MINUTES APPROVED
PLANNING AND ZONING COMMISSION
SEPTEMBER 15, 2008 - 7:00 PM -INFORMAL
CITY HALL, EMMA J. HARVAT HALL
MEMBERS PRESENT: Josh Busard, Charlie Eastham, Ann Freerks, Elizabeth Koppes,
Wally Plahutnik, Michelle Payne, Tim Weitzel
MEMBERS EXCUSED: None
STAFF PRESENT: Bob Miklo, Karen Howard, Sarah Walz,
Sarah Greenwood-Hektoen
OTHERS PRESENT: None
CALL TO ORDER:
The meeting was called to order at 7:00 p.m. by Chairperson Ann Freerks
COMPREHENSIVE PLAN ITEM:
Discussion to consider adoption of the Central District Plan as an element of the Iowa City
Comprehensive Plan. The Central District extends from the boundary of the Downtown District
east to First Avenue and from Dodge Street and Hickory Hill Park on the north to Highway 6 on the
south.
Staff distributed pages with corrections and additions to the Central District Plan to the Commission
members. Freerks asked if any of the additions were a result of new public input. Howard said that the
changes were more intended to clarify points and provide better explanation than the direct result of
public input.
Freerks asked for clarification on a goal that had been added on page 34. Howard said that Staff had
received correspondence from Doug Alberhasky asking Staff to take a look at the Market Street/Gilbert
Street intersection. Howard said that Alberhasky had specific ideas for improvements, whereas
transportation staff had felt that the intersection as a whole should be looked at prior to attempting any
specific remedies. Freerks expressed concern that the matter was too specific to warrant being made a
goal in the Central District Plan. Howard said that what had actually happened was that a goal that had
been broader had been split into two goals in order to be more specific. Miklo stated that the concern
raised was that traffic continuing north at the Gilbert and Market Street intersection is fed into a narrowed
lane, and all other traffic is filtered through the left turning signal. In reality, however, cars intending to
travel north through the intersection often find themselves in the left turning lane and then proceed north
endangering the traffic in the right lane which is also proceeding north. Transportation planners did agree
with Alberhasky's assessment that this was an issue that should be explored. Freerks asked if it was
uncommon to have language about specific intersections addressed in a district plan. Howard noted that
the intersection had already been specifically addressed in the plan prior to Alberhasky's
correspondence. Howard said that this district plan is in general more detailed than others have been, in
part because plans have become more detailed as time goes on, and in part because it is an already
developed district. Howard noted that in the Southwest District Plan there was a lot of concern about
people being able to cross the street to and from Walden Square. As a result, the plan called for a more
thorough evaluation of the situation, and ultimately resulted in greater pedestrian access.
Planning and Zoning Commission
September 10, 2008 -Informal
Page 2
Payne asked if the plans for individual districts get updated on a regular basis. She noted that the
purpose of stating a goal is to attain it, and she wondered if plans were evaluated to see if goals had been
attained or updated as goals were achieved. Miklo said that this has not yet happened. Plans have been
updated when major concepts have changed. Plans have not yet been created for all of the districts, and
that needs to be finished before re-evaluating the existing plans. Walz said that at some point the plans
would be re-evaluated but that this would likely be a process done every 10-15 years. Miklo said that the
oldest plan, the Southwest District Plan, is now nearing ten years old. Miklo said that it would be a good
idea to look at that soon because commissions have changed and some goals have been accomplished.
Eastham noted that it has taken approximately two years on average to formulate a plan for one district
with the present staffing levels. Eastham said that having such long intervals of time between when a
plan is finished and when it is reviewed may not be the most effective way of achieving and measuring
achievement for stated goals. Koppes noted that Staff has had its hands full with other obligations.
Eastham said that he fully agreed but that he hoped City Council would consider hiring additional staff to
make the process more streamlined. Payne noted that it was also important to know whether and why
goals were or were not achieved. Weitzel asked if it was possible to come up with some sort of timeline
outlining the time in which the Commission hoped a given goal would be completed. Howard said this
was a valid point and that Staff has talked about the possibility of making plans more time-specific. To
date, plans have not really been used in that way. Presently they are a tool for setting priorities for City
Council, neighborhood associations, and citizens. Plans that included timelines, Howard said, would be
plans of a more strategic nature. Howard offered the example of the redevelopment proposed for South
Gilbert Street in the plan. That re-development would obviously require extensive strategic planning; the
plan outlined in the Central District Plan is not sufficient for implementation. In creating strategic plans,
one would set out realistic, specific ways in which to achieve a goal.
Miklo pointed out that the Comprehensive Plan set out broad goals for each district. He noted that the
district plans are probably most useful wheri the City is putting together the capital improvements
program; when the Council sits down to allocate the budget to specific capital improvement projects.
Miklo said that each year when the capital improvements program is created, the specific items from each
new district plan are considered for funding. The plans also provide some guidance when development
decisions are being made. Some of the items in the plans are items that need to be implemented by
private citizens, developers, neighborhood associations, the University of Iowa, etc. Miklo said he
thought it would be difficult to assign a date to every goal in a plan in any meaningful way.
Freerks asked about the addition of another goal on page 34. Howard said that this goal was put in to
acknowledge that the easiest and best way to keep traffic off of local streets is to make arterial streets
function better. Freerks expressed concern that arterial streets are local streets for those living in the
neighborhood and that the effects of changing arterial streets on the neighborhood in which they are
located are not adequately addressed by the current language. Freerks asked if language to the effect of
"while minimizing the effects on neighborhoods" could be added to that specific goal in order to
acknowledge the need for balance and context-sensitive design.
Weitzel asked if there were properties on the newest map that were noted as significant that were not
actually landmark properties. Miklo said that properties designated as significant were: national register
properties, local landmarks, and properties eligible for national register. He said this was done only in the
two areas designated as likely for redevelopment, North Marketplace and South Gilbert. Miklo said that
the idea was to highlight significant buildings in the event of a zone change due to redevelopment or a
proposal for a Tax Increment Financing district, so that the buildings are noted. Miklo said that the hope
is that the Central District plan does nothing to hasten their demise in calling for redevelopment.
Koppes asked about the open space fee that is called for in the Central District Plan. Miklo said that
typically the open space fee applies to a subdivision or a planned development, not a rezoning. This is
something Staff is proposing for the Central District, Miklo said. If a property is up-zoned to increase the
residential density then an open-space fee would be added. If this fee was charged in the Central
District, then the funding would have to be used in the Central District. Koppes said that she really felt
like more park land needed to be found in this very densely populated area. Howard said that the plan
tries to envision land that has not been developed yet for open space uses. Koppes said she would like
language in the plan that indicates that if suitable land opens up the City will investigate it. Walz noted
Planning and Zoning Commission
September 10, 2008 -Informal
Page 3
that the plan states that the City will "pursue opportunities to create pocket parks where lots become
available in the district." Miklo said that there is text in the plan identifying two houses on the north side of
the Plum Grove property as potential areas to increase that open-space area and make Plum Grove more
visible. That area is only open limited hours due to security concerns for the building itself. Walz asked if
Koppes would suggest taking out the word "pocket" and simply saying "parks." Koppes said that
language encouraging both could be used.
Freerks asked if the map concerning the South Gilbert Street area had been shared with property owners
in the neighborhood. Miklo said that the map had not, but that a meeting had been held with property
owners. A number of the policies and goals for the area came about as a result of that meeting. Miklo
said that Staff did get in touch with City Carton because the plan indicates that that property should be
redeveloped. Howard said that there seemed to be a general feeling among property owners in the area
that they were not sure what was going to happen in the area and so were reluctant to invest a lot of
money in their properties. Howard said that there was also a desire to go ahead and rezone the area
along Gilbert Street that is more retail/general commercial to Community Commercial right now. There
was some concern expressed that the general repair area of the district should be maintained and not
pushed out of the area. Miklo said that a concern was voiced that affordable small business space could
be displaced by affordable housing, which, Miklo assured the Commission, is not in the plan at all. Miklo
noted that the area near Gilbert Court and Highland Court had been identified as an area in which the
status quo should be maintained.
Eastham said that while he felt that the idea of Transit Oriented Design (TOD) was a bold vision for the
area, he questioned whether there were drawbacks to pinning the redevelopment concept on a
transportation usage that do not yet exist. Eastham said that the current language seems to say that if
the railroad system changes then this is an excellent area for redevelopment. Eastham said that the area
could have a lot of redevelopment potential even without any changes to the current rail system. Howard
said that the idea behind the current vision is that there needs to be some catalyst to redevelopment.
She said that the area had been in its current state of flux for a long time, and that there is no reason to
believe that will change without a real catalyst, such as interstate and commuter railroad service. Further,
because there is serious discussion at the state and interstate levels for passenger rail service, it seems
wise to have a plan in place that addresses that potential change. Howard said that if the change in
railroad service does not go through, there is still a plan in place to improve aesthetics for the area in the
short-term. In the long-term, Howard said, the market will determine if there is redevelopment of the area.
Payne asked if zoning in that area allowed for a parking garage. Howard replied that there is nothing
preventing anyone from putting a parking garage in a commercial zone other than the economics of it.
Payne said that if the idea is to have rail service, there will need to be parking so that people can get to
the rail service. Miklo said that if there were parking facilities, they would likely be city-owned. Howard
noted that this would be part of the strategic planning phase. Walz noted that bus lines would also be
coordinated with train schedules in order to lessen the need for commuter parking. Miklo said that while
he felt that Eastham had made a very good point, he did not feel there was anything in the plan saying
that redevelopment could not happen without rail service. Miklo said that two issues that he believed
were more critical to redevelopment of the area were the removal of the sewage treatment plant and the
relocation of City Carton to a more industrial area; until these two things happen, Miklo does not believe
mixed-use residential will be pursued in the area. Eastham asked if Amtrak would require that the old
treatment facility be removed prior to considering having a station in that area; Miklo said that he did not
believe it would matter. Howard said that from what she understands, the Amtrak project needs state
funding in Iowa before it can proceed (Illinois has already committed funding for its portion).
Eastham said that another issue that concerns him with this particular area is ensuring that there is
proper planning for potential flooding. He said that it should be kept in mind that the flooding reached
across Highway 6, and there is no reason to think that it would not do the same again. Freerks noted that
Gilbert Street did not flood. Eastham replied that it did get into all of the areas that are marked for
redevelopment, such as City Carton. Eastham said that when doing future land-use planning the
Commission should take into account the likelihood for future flooding. Eastham asked if the Commission
should specifically state on the land-use map that the Commission believes these parcels will flood again
and therefore does not want them to be redeveloped. Miklo said this issue was discussed by Staff, and it
is one reason the map was left somewhat vague, not showing development all the way to the river, and
Planning and Zoning Commission
September 10, 2008 -Informal
Page 4
leaving the area as potential open space. Miklo said that at this level future flood prediction is difficult as
flood mitigation measures have not yet been settled on. Howard noted that there is a warning on page 49
intended to address this issue. Freerks said that in her opinion the warning is sufficient. Walz said that
land can be developed in more flood-tolerant ways, both in their design and in their use. Eastham noted
that memories can be short when it comes to flooding, and he would be most comfortable if it was clearly
stated that this was not an area for residential development. Miklo noted passages already in the plan
that could be added to Goal #4 in order to emphasize this point. Howard noted that the area in question
is largely City-owned other than the City Carton area. Howard said that it would be best not to make
specific prohibitions against uses without further study. Discussion settled on adding language to the
effect that any future development in the area must take the floodplain into consideration.
Freerks expressed concern for the way the wording in the plan dealt with properties north of Kirkwood
Avenue and Gilbert Court which is zoned RS-8. The wording states that mixed-use might provide an
appropriate transition between the commercial area and the neighborhood to the east. Freerks pointed
out that this is an area of affordable housing for the Longfellow School attendance area. The houses are
small and much more affordable for people to purchase than many homes in the area, Freerks said. She
expressed her hope that whatever is planned for the area takes that into account. Freerks said that she
understood the area could be seen as ripe for redevelopment because the properties need money put
back into them; however, she wanted any planning for the area to remember that there are viable
neighborhoods there. Miklo said that the line between proposed mixed-use and residential was drawn
where it was in order to take these affordable homes into account, because the area is a fairly stable,
livable area. Walz noted that some of the area shown as future mixed-use is currently zoned
commercial. Freerks expressed a desire to protect the affordable housing presently in the area. Howard
noted that the nice thing about amixed-use zone is that it allows single-family homes, duplexes or
townhomes. Howard said that she believed the thinking behind this part of the plan came from concerns
expressed by neighborhood residents that there is not a good transition from commercial to residential.
Howard said the idea was that the more commercial uses would happen along the arterial street, and that
the intent was to have that not bleed into the neighborhood. Plahutnik said that it is a nice little
neighborhood and a statement protecting it as affordable housing would be a good idea. Howard pointed
out a section in Subarea C, on page 18 that she believed addressed Freerks concerns. Miklo suggested
adding a section in the goals that perhaps referred back to this section, reminding the reader that the Oak
Grove neighborhood should be preserved. Eastham asked what the rationale was for including the area
as mixed-use development. Howard said it provided a transition from intensive commercial to residential.
Walz said that the zone is very irregular, and some of it is zoned for intensive commercial despite the fact
that it is not really appropriate for that due to the small lot sizes. Walz said Staff believed the mixed-use
would create a buffer in the neighborhood that had a fair number of restrictions on it but is not going to be
intensive in the way that other commercial uses might be. Walz suggested adding a sentence or two to
address Freerks concern under Goal #3 in the South Gilbert section of the plan.
Eastham noted that there is discussion in subareas B & C regarding trying to encourage rental
redevelopment to discourage the dorm-style, four and five bedroom apartments. Eastham asked what
mechanisms the City had at its disposal to achieve this goal. Eastham asked if the City had clear
authority to limit the number of bedrooms in a unit. Howard said that the City would not have that
authority unless it changed the zoning ordinance. Koppes and Plahutnik pointed out that this provision
would give the rationale needed to change the zoning code, and could be a sort of first step in that
process. Eastham asked if there would be support for adding that kind of a regulation to the zoning code.
Freerks stated that there could be for future development but that she did not think they could move
backwards. Miklo said that a concern was brought up by property owners and business owners in the
North Market area and the South Gilbert area was that they did not want an area that was overdeveloped
with large dorm-style apartments as the area just south of Burlington has become. Howard noted that the
issue is not always the number of bedrooms in a unit, but is also sometimes the management of the
property. Howard said that the idea of the plan is to support having a goal to look at these issues and find
creative solutions to make it better.
Walz said that one of the interesting things about the housing meeting was the number of students who
attended and some of the things they had to say. Walz noted that students expressed dissatisfaction with
the options available to them as well, and a healthy discussion resulted. University of Iowa
Planning and Zoning Commission
September 10, 2008 -Informal
Page 5
representatives also noted some dissatisfaction with current options available to students. Miklo said that
South Johnson and South Van Buren are both zoned at ahigh-density, RM-44. He noted that it should
be made clear that probably the only way these areas could be redeveloped to create a more pleasant,
livable environment would be to develop at an even higher density. Miklo said this may seem counter-
intuitive, but that it may be the only way to provide financial incentive to get rid of the current buildings
and provide something taller with more structured parking and more green space. Miklo said that most of
these properties are owned by the Clark family in some form or another and the potential for
redevelopment would be entirely dependent on supply and demand; if the incentive is enough then
redevelopment may be possible. Miklo said the buildings are aging and the owners have had to put
money into them recently to keep them marketable.
On another topic, Howard said she wished to give notice that there had been an editorial written in the
Press Citizen regarding the Central District Plan. The editorial focused primarily on the issue of bicycle-
friendliness, and gave the date and time of the formal Planning and Zoning meeting. Miklo said that the
tone of the article is that the plan recognizes the Central District as the most bike-friendly part of the city,
and it questioned just how bike-friendly the area really was.
The meeting was adjourned at 8:19 p.m
Iowa City Planning 8~ Zoning Commission
Attendance Record
2008
Name Term
Ex ices
1/2
1117
3120 v
413
4117
511
5115
615
6119
713
7117
817
8121
914
J. Busard 05/11 -- -- -- -- -- -- -- -- - --- -- -- -- -- -- -- X 0/E X OIE X X
C. Eastham 05/11 X X X X X X X X X X X X X X
A. Freerks 05/13 X X X X X X X X X X X X X X
E. Ko es 05/12 X X X X X X X X X X X X O/E x
M. Pa ne 05/10 - - - -- -- -- -- -- - -- -- -- -- - -- -- -- -- -- -- - -- - -- O/E X
W Plahutnik 05/10 X X X X X O/E X O/E X X X X X X
T. Weitzel 05/13 -- -- -- -- -- -- -- -- -- -- X X X X x X X X X
w i wwccT~~ir_
Name Term
Ex fires
~
2121
4/14
5/12
6/2
6/30
7/14
8/18
9/15
J. Busard 05/11 -- -- -- -- -- -- -- -- -- -- X X X X
C. Eastham 05/11 X X X X X X X X X
A. Freerks 05/13 x x X X X X X X X
E. Ko es 05/12 x X X X X X O/E X X
M. Pa ne 05/10 -- -- -- -- -- -- -- -- -- -- -- -- -- -- X X
W. Plahutnik 05/10 O/E O/E X X X X O/E X X
T. Weizlel 05/13 -- -- -- -- -- -- X X X X O/E X
Key:
X =Present
O =Absent
0/E = AbsenUExcused
IOWA CITY HUMAN RIGHTS COMMISSION
TUESDAY, September 23, 2008
LOBBY CONFERENCE ROOM, CITY HALL
4b 3
FINA
Members Present: Kate Karacay, Corey Stoglin, Joy Kross, Newman Abuissa, Eric Kusiak, Dell
Briggs, Florence Ejiwale, Yolanda Spears.
Staff Present: Stefanie Bowers.
Call to Order
Abuissa called the meeting to order at 7:00 p.m.
Recommendations to Council (Become effective only after separate Council action): None.
Consideration of the Minutes of the August 26 2008 meeting
Minutes approved 8-0.
Award Breakfast
The 2008 Human Rights Award honorees have been selected.
Connections Kickoff
Kross was given material to pass out at the Connections Kickoff on October 7th.
Building Blocks to Employment Job Fair
This event will be held on October 7th at the Eastdale Plaza. Commissioners Briggs, Karacay,
Kusiak, Ejiwale and Abuissa volunteered to assist.
National Hunger and Homelessness Awareness Week
Lubaroff, Kross, Briggs and Kusiak formed asub-committee to develop programs for this week. They
will report to the full Commission at the next meeting.
Human Trafficking Presentation
Karacay will do a presentation on Human Trafficking. The tentative date for the program which will
include a panel discussion is February 2009. Karacay has spoken with one potential panelist and will
contact others to participate.
Mr. Eze Presentation
Abuissa and Ejiwale will assist with this presentation.
60 Years of Human Rights Is the U.S. Still a Leader
Kusiak and Karacay will attend this program the Commission is co-sponsoring on October 2nd.
Film Series
Commissioners hope to show a film on immigration in the near future.
Reports of Commissioners
Abuissa reported on a DVD entitled Obsession that was inserted in a local newspaper and expressed
concern over the stereotypes and hatred such things can create. Stoglin reported that this will be his
last meeting until October 2009 as he is being deployed to Afghanistan. Kusiak updated
Commissioners on the recent University of Iowa Center for Human Rights Board meeting.
Adjournment
There being no further business before the Commission, the meeting was adjourned at
8:08 p.m.
Board or Commission: Human Rights
ATTENDANCE RECORD
YEAR 2008
(Meeting Date)
NAME TERM
EXP.
1/22
2/26
3/25
4/22
5/20
6/24
7/22
8/26
9/23
10/28
11/25.
12/23
Florence
Ejiwale 1/1/09 X X X X X X X O X
___
Kate Karacay 1/1/09 X X X O X X X X X _
Martha
Lubaroff 1/1/09 O X X X O X X X O
Newman
Abuissa 1/1/10 X X X X O X X X X
Joy Kross 1/1/10 X O X X O X X X X
Eric Kusiak 1/1/10 X X O X X O X X X
Dell Briggs 1/1/11 O X X O X O X O X
Yolanda Spears 1/1/11 X O X X X X X O X __
Corey Stoglin 1/1/11 X X X O X X X O X _ 1
__ _
KEY: X =Present NMNQ - No meeting, no quorum
O =Absent
NM = No meeting
11-03-08
4b 4
MINUTES
PARKS AND RECREATION COMMISSION
September 24, 2008
FINAL
MEMBERS PRESENT: David Bourgeois, Margie Loomer, Ryan O'Leary, Matt Pacha, Jerry
Raaz, Phil Reisetter, John Watson, John Westefeld
MEMBERS ABSENT: Craig Gustaveson
STAFF PRESENT: Terry Trueblood, Mike Moran, Terry Robinson, Joyce Carroll, Cindy
Coffin, Matt Eidahl, Jeff Sears, Sherri Hildebrand (intern)
RECOMMENDATIONS TO COUNCIL:
OTHER FORMAL ACTION TAKEN
Moved by Bourgeois, seconded by Loomer, to approve the August 13, 2008 minutes as
written. Unanimous.
PRESENTATION OF FINAL DRAFT OF PARKS, RECREATION AND TRAILS
MASTER PLAN:
Pat O'Toole from GreenPlay L.L.C. was present to provide an overview of the "final draft" of
the plan to the Parks and Recreation Commission. He went over the recommendation/action
plan section with the commission.
The goals and strategies, all of which are subject to change before the plan is finalized, are as
follows:
Maximize the planning process
Strategies:
• Incorporate the action items of this plan into the City's annual work plans to
achieve the recommendations of this plan and to enhance effectiveness of staff
effort.
• Assure that all levels of staff are informed of and are set up to work together to
implement the recommendations and strategies of the plan.
2. "Track performance measures
Strategy:
• Create standards for all community services activities and services.
Parks and Recreation Commission
September 24, 2008
Page 2 of 6
3. Enhance program development
Strategies:
• Seek ways to respond to identified programming priorities.
• Identify and develop programs related to new trends in parks, recreation, and
cultural arts.
4. Pursue comprehensive service delivery
Strategies:
• Reach out to those with financial need.
• Assure programming opportunities are reasonably available to all geographic
sectors of the city.
5. Solicit community involvement and feedback
Strategies:
• Regularly solicit community input in program and facility planning efforts.
• Expand department volunteer opportunities.
6. Increase awareness of program offerings
Strategy:
• Effectively communicate Department offerings to public.
7. Assure financial sustainability
Strategies:
• Research potential traditional funding opportunities.
• Pursue alternative funding to implement the Master Plan.
• Review the Department's cost recovery philosophy and policy and update as
necessary.
8. Collaborate with community organizations and businesses
Strategies:
• Build partnerships within the community to take advantage of existing facilities,
share new facilities, and provide additional programming and services to the
community.
• Pursue a dynamic and mutually beneficial relationship with the Senior Center.
• Explore a community access relationship with, the University of Iowa at its new
Student Wellness Facility currently under construction.
9. Continue to provide equitable level of service in existing parks and facilities
Strategies:
• Improve existing parks to meet community standards.
• Fill gaps in walkable service.
• Continue to provide a high level of service of natural areas and environmental
education.
Parks and Recreation Commission
September 24, 2008
Page 3 of 6
• Identify and develop facilities for new trends in parks and recreation.
10. Plan to continued equitable level of service as community grows
Strategies:
• Add parks, trails, and facilities to respond to the growth needs of the community.
• Increase the level of service provided for indoor facilities.
11. Increase level of service for trails
Strategies:
• Increase the level of service offered by existing trails in parks and throughout
community.
• Increase trail connectivity and overall trail network.
Suggested action steps were also discussed and will be a part of the final report.
Pat then went over a chart showing preliminary cost estimates and some potential funding
sources for projects recommended 2009 through 2020.
At the conclusion of his presentation Pacha asked Commission Members for their input.
Specifically he asked them to discuss what they felt needed to be included in the presentation
that may be given to the City Council.
Trueblood asked O'Toole to explain the process that he used to determine why some of these
projects belong in the three year plan verses six year, etc. O'Toole explained that the premise
was to fix what you've got, further stating that replacing playgrounds and adding amenities such
as shelters and restrooms in areas that are highly utilized would be noticed right away.
Trueblood mentioned his surprise to see the construction of another dog park not recommended
until 2017, given the fact that the department is currently working with DogPAC to open a
second (smaller) dog park in Scott Park. Pat stated that while dog-owners listed this as a high
ranking item, the overall surveys did not necessarily reflect this. He also stated that the trail
system ranked much higher as a need, and their opinion is that the City will provide more
benefits to more people by adding trails and connector trails to the system. He clarified that the
dog park noted in the plan is another large park similar to Thornberry, and noted that if the City
was to strike a partnership where it makes more sense to build a dog park within two years, that
would be the better choice.
O'Leary asked Trueblood what the budget is for the dog park at Scott Park; Trueblood estimates
approximately $40,000, most of which will be paid by DogPAC. O'Leary further stated he
really believes that the City will be building a third and perhaps even a fourth dog park by 2015.
He also stated that while he would not support another $150,000 dog park such as Thornberry
anytime soon, he would support the smaller, less costly parks. O'Toole said that he does see a
need for another large dog park on the south side of town at some point in the future.
Parks and Recreation Commission
September 24, 2008
Page 4 of 6
Raaz asked O'Toole why there was not money for trails shown on the cost estimates and funding
sources chart since it has been determined that this is a high priority. O'Toole stated that while it
is mentioned many times in the text of the report, it is difficult to put a price on this type of
project. He said they could apply per mile costs for trail construction, and also what maintenance
costs would be, but they do not know how much property would need to be purchased.
Trueblood agreed with Raaz that trail costs need to be included. He further noted that there are
cost estimates included in the capital improvement budget and that perhaps these numbers would
help GreenPlay with estimates.
There was discussion about who to present to Council. Trueblood noted that O'Toole is slated to
return to Iowa City one more time to present the final plan, and the Commission needs to
determine if they want him to come back to them, or if he should return just for the Council
presentation. It was decided to have Commission members and staff further review the details of
the report, and send any corrections/suggested changes to O'Toole next week. It was also
decided by consensus that it is more important for him to give a presentation to the City Council,
rather than another presentation to the Commission. Trueblood will work with the City Manager
to try to arrange this at a future Council work session, with the target being October 20tH
COMMISSION TIME/SUGGESTIONS FOR FUTURE AGENDA ITEMS:
John Westefeld and Margie Loomer commended Pat O'Toole on a good presentation.
CHAIRS REPORT:
Pacha expressed his gratitude towards having a "blue print" for a master plan and is excited to
see this come to fruition. He further noted that GreenPlay did a great job and that the committee
picked the right company for the job.
Pacha reported to the Commission a summary of the first "Leadership Team" meeting that was
formed to do fundraising for the Sand Lake Recreation Area. This team will hold its second
meeting Monday, September 29 and then will continue meeting every other Monday until the
project end which is slated to be complete by the end of the year. He announced the hiring of
Gary Vance of Ad-Vanced Fundraising Opportunities out of Coralville to assist in this effort.
The fundraising goal is $75,000 to $100,000. He also announced that the Foundation will hold its
annual meeting on Thursday, October 9.
DIRECTORS REPORT
Trueblood announced that interviewing for the position of Aquatics Supervisor was just
completed. The previous supervisor, Mindy Cheap, accepted a position as Recreation
Superintendent in Pierre, South Dakota.
Parks and Recreation Commission
September 24, 2008
Page 5 of 6
Trueblood noted that there were two bid openings this past week. One was for the Waterworks
Prairie Park Fishing Pier which came in at $167,000. The other bid was for sand removal at City
Park which came in at $99,000, much lower than FEMA estimates.
ADJOURNMENT
Moved by Loomer, seconded by Reisetter to adiourn at 6:55 n.m. Unanimous.
Parks and Recreation Commission
September 24, 2008
Page 6 of 6
PARKS AND RECREATION COMMISSION
ATTENDANCE RECORD
YEAR 2008
NAME TERM
EXPIRES a,
~ o
N N
M o,
~ oo
'Q r,
~ ~
r M
00 N
O~ ao
~ N
~, o
.N-~
David
Bour eois ]/1111 O/E O/E O/E X X X X O/E X
Craig
Gustaveson
1/1/11
X
X
O/E
X
O/E
X
O/E
X
O/E
Margaret
Loomer
1/1/12
X
X
X
X
O/E
O/E
X
O/E
X
Ryan
O'Lear
1/1/10
X
X
X
X
X
X
X
X
X
Matt
Pacha 1/1/09 X X X X O/E X X X X
Jerry
Raaz
1/1/12
X
X
X
O/E
O/E
X
X
X
X
Phil
Reisetter I/ 1 /09 X O/E X X X O/E O/E X X
John Watson
1/1/11 O/E O/E X X X O/E X X X
John
Westefeld l/1/10 O/E X X X X X X O/E X
KEY: X = Present
O = Absent
O/E = Absent/Excused
NM = No meeting
LQ = No meeting due to lack of quorum
Iowa City
Public Library
BOARD OF TRUSTEES
Minutes of the Regular Meeting
September 25, 2008
4b 5
FINAL APPROVED
Members Present: Tom Dean, Michael Cohen, John Kenyon, William Korf, Tom Martin, Linzee
McCray, Mary New, Meredith Rich-Chappell, Leon Spies
Members Absent: None.
Staff Present: Barb Black, Maeve Clark, Debb Green, Susan Craig, Heidi Lauritzen, Kara Logsden,
Patty McCarthy, Elyse Miller, Hal Penick
Guests Present:
None.
Call to Order.
President Dean called the meeting to order at 5:01 pm.
Public Discussion.
None.
Approval of Minutes.
The minutes of the Regular Meeting of the Library Board of Trustees of August 28, 2008 were
reviewed. A motion to approve the minutes was made by New and seconded by Korf. Motion carried
8/0.
Unfinished Business.
None.
Rich-Chappell arrived at 5:03 pm.
New Business.
FY10 Budget. The proposed FY10 budget summary reflects the reorganization and consolidation the
City made to many of its general ledger account numbers. Expenses previously charged to certain
expenditure numbers are now charged to different ones. This made it difficult to track the history of
some expenditure numbers. Actual services expenses for the two previous years are included here
instead of the typical five years.
Craig reminded the Board that with respect to the personnel budget, the cost of benefits and permanent
personnel items are estimated by the City. The City has not completed projections for benefits and the
benefits cost for the additional permanent staff requested have not been included either.
The Supplies budget shows a major increase in miscellaneous processing supplies for printed DVD
covers. These are pre-printed DVD covers that incorporate the ICPL name on the top of the cover that
will accompany each DVD. Currently we get DVDs in a cardboard box, remove the cover, scan it, print
it, and then put the scanned cover into the locking DVD box. Moving to the preprinted covers
represents not only a significant savings in staff time but also a theft deterrent because the DVD will
have the Library's name on it which will make it more difficult to return to a store or re-sell. New
wondered how many other libraries used these; Craig stated that this is a new option.
In response to a question Craig stated that building repair and maintenance charges increased
because some expenditures such as painting, are no longer capitalized. Plus, the building is not new
anymore. It is heavily used and more maintenance is required. New asked about the health services
charges. Craig explained that these charges are for hepatitis vaccinations for maintenance staff and
staff do not get vaccinated every year.
Dean noted that the breakdown that the Library makes in the budget is important for the Board to see
but that the combined totals for the bottom line in each area is what the City is interested in seeing. The
proposed budget includes asking for two quarter time personnel additions. These are the same
positions we've asked for the last two years. The City Manager and Council have rejected using
identified income from parting tickets ($24,000 by library staff in FY08) and rent income, but they can
change their minds, or decide to use other revenue. The most significant capital expense, $72,000, to
replace the five year old self-check terminals and server is needed because past requests to increase
the replacement funds have not been approved.
In response to a question Craig stated that the Finance Department made the decision to include rental
income in Library operating expenses. She also explained that there are few guidelines about budget
requests from the City. Craig feels City departments are asking for what they need. She expects the
City budget will be tight, but there will not be a good estimate of tax revenue until the State announces
where the rollback will be set.
It was moved by Spies and seconded by Cohen to authorize Craig to submit the proposed budget to
the City Manager. The motion carried 9/0.
Cohen proposed that a Finance Subcommittee be formed to assist with prioritizing projects and other
budget matters. Craig will look at the Bylaws before next meeting in response to a question about
whether President Dean has the authority to create a standing Committee.
Rich-Chappell left the meeting at 5:50 pm.
Staff Reports.
Departmental Reports:
Adult Services. McCray suggested that the Great Stories Club project that ICPL is working on with Tate
High School would be a good public relations opportunity for our new Public Relations Specialist.
Circulation Services. Dean appreciated receiving data about the circulation of materials to Cedar
Rapids residents since the flood. Board members were pleased that the empirical data for the Library's
elementary school card registration outreach are positive and gratifying.
Information Services. McCray believes that the Community Writing Center is a nice partnership.
Development Office. To celebrate The Book End's 10`h birthday, the Library lobby played host to a
gigantic inflatable birthday cake for a week. 524 customers stopped by the store during the festivities
and store receipts were $1,196.
From Awareness to Fundinp~ A Study of Library Support in America, Chapter 4. OCLC (Online
Computer Library Center) a nonprofit computer library service and research organization received a
grant from the Bill & Melinda Gates Foundation to research and evaluate the potential of marketing and
communications programs to sustain and increase funding of US public libraries. Craig shared part of
the study that reported library funding support is an attitude, not a demographic, and identified eight key
insights. The belief that the library is a transformational force in people's lives is directly related to their
level of funding support was of particular interest to the Board members.
Reader Report. The September Reader Report was "Women in Politics," by John Hiett, Senior
Librarian. This is a monthly Gazette newspaper column to which ICPL selectors contribute on a rotating
basis.
Readings. Three articles about the Library were published after the packet was mailed and were
distributed at the meeting. An article from the 9/18/08 Corridor Buzz about the Intellectual Freedom
Festival, an article from the 9/20/08 Gazette about the Library's Family Fun Fiesta, and a Gazette
article from 9/21 about this year's One Community, One Book selection for Johnson County, "A Long
Way Gone: Memoirs of a Boy Soldier," by Ishmael Beah.
President's Report.
Dean's new book of essays entitled "Under a Midland Sky," was just published by Ice Cube Press. Fred
Easker did the cover art. Dean will be reading from his new book at Prairie Lights on December 4 at
7:00 pm.
Announcements from Members.
Martin mentioned that one of the six State Library Town Meetings was held at ICPL on Tuesday. The
State Library discussed their current projects and services but the primary emphasis of the Town
Meetings is how libraries interact with their cities, and particularly with their politicians. Martin stated
that he attends many meetings and believes that the set up and equipment in Meeting Room A is really
impressive and that the space is quite a showplace.
Committee Reports.
Kenyon reported that the Friends Foundation Board met at the beginning of the month. Board President
Don Thompson proposed changes at their last meeting which included forming subcommittees for each
of the large fundraising events so that the work of the Board could be shared in a more equitable
fashion.
Communications.
None.
Disbursements.
Visa expenditures for August 2008 were reviewed.
2008 was made by Cohen and seconded by Martin
A motion to approve the disbursements for August
. Motion carried 8/0.
Set Agenda Order for October Meeting.
There are no regularly scheduled reviews.
Adjournment.
A motion to adjourn the meeting was made by Kenyon and seconded by New. The motion carried 8/0.
Dean declared the meeting adjourned at 6:10 pm.
Respectfully submitted,
Elyse Miller
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IOWA CITY TELECOMMUNICATIONS COMMISSION
FINAL
MONDAY, SEPTEMBER 22, 2008--5:30 P.M.
CITY CABLE TV OFFICE, 10 S. LIMN ST.-TOWER PLACE PARKING FACILITY
MEMBERS PRESENT: Saul Mekies, Hans Hoerschelman, Robert Kemp, Gary Hagen,
Brett Gordon
MEMBERS ABSENT:
STAFF PRESENT: Mike Brau, Bob Hardy, Dale Helling
OTHERS PRESENT: Beth Fisher, Josh Goding, Lee Grassley, Susan Rogusky
RECOMMENDATIONS TO CITY COUNCIL
None at this time.
SUMMARY OF DISCUSSION
Grassley reported that the technical problems encountered during the Iowa-Iowa State football
game were due to a bad feed from the Big 10 Network. Their satellite uplink facility is in
Houston, which was experiencing hurricane Ike. The problem causing the tiling of some
programs may have been identified and a fix is being implemented. Mediacom will be working
with the City Cable TV Office on the Video Voter Project to playback the U.S. Senate and 2na
U.S. House of Representatives district candidate statements across the state of Iowa on their
Connections channel and to make them available on their video-on-demand service. Mekies
asked about the letter the City sent Mediacom regarding repair service call windows. Grassley
said that Mediacom has re-allocated how technicians are deployed through out the region to
accommodate 4-hour repair windows. In accordance with the Iowa City franchise a 2-hour
window will be offered in Iowa City. A written response to the City will be made soon. Hardy
reported the Community Television Group (CTG) met to discuss proposals for funds from the
pass-through fund. Hardy said the CTG wishes to use some of the annual $17,500 to fund
development of programs on a cooperative basis. The funds may be spent on staff wages for a
program project. The CTG would also like to start an Internet site for all the access channels and
develop capabilities for web streaming.
APPROVAL OF MINUTES
Mekies moved and Hagen seconded a motion to approve the amended August 25, 2008 minutes.
The minutes were unanimously approved. Gordon was not yet present.
ANNOUNCEMENTS OF COMMISSIONERS
Hagen thanked Mediacom for reaching a carriage deal with the Big 10 Network.
SHORT PUBLIC ANNOUNCEMENTS
None.
CONSUMER ISSUES
Hardy reported that there were four unresolved complaints over the last month. There has been a
persist problem with varying audio levels across channels. This is more evident on the local
access channels and is being investigated by Mediacom. Hoerschelman asked if testing for such
problems is done on a regular basis. Hardy said he could request Mediacom to test the output
from the City Channel at anytime and Mediacom has been quite accomedating in the past.
Hagen asked if complaints are tracked and categorized. Hardy said complaints are compiled and
saved but not organized into categories.
MEDIACOM REPORT
Grassley reported that the technical problems encountered during the Iowa-Iowa State football
game were due to a bad feed from the Big 10 Network. Their satellite uplink facility is in
Houston, which was experiencing hurricane Ike. The problem causing the tiling of some
programs may have been identified and a fix is being implemented. The ad insertion technology
is believed to be the cause. Mediacom will be working with the City Cable TV Office on the
Video Voter Project to playback the U.S. Senate and 2°d U.S. House of Representatives district
candidate statements across the state of Iowa on their Connections channel and to make them
available on their video-on-demand service. Goding asked about placing a public service
announcement on the Mediacom system. Grassley said the psa should be routed through the City
Cable TV Office and provided to him 21 days prior to when it is desired to be played. Mekies
asked about the letter the City sent Mediacom regarding repair service call windows. Grassley
said that Mediacom has re-allocated how technicians are deployed through out the region to
accommodate 4-hour repair windows. In accordance with the Iowa City franchise a 2-hour
window will be offered in Iowa City. A written response to the City will be made soon.
Grassley said Mediacom will be making some minor channel changes in the analog bandwidth,
possibly as early as November.
UNIVERSITY OF IOWA REPORT
No representative was present.
KIRKWOOD COMMUNITY COLLEGE
Kirkwood provided a written report. KSP (Kirkwood Student Productions) have returned for
another fall semester and the return of their monthly KSP newscasts. The Kirkwood Channel
continues to produce "The Involvement Report" on a monthly basis in partnership with the
Heritage Agency on Aging. The Kirkwood Channel will begin airing a series on 90 second
home improvement tips from the nationally syndicated radio call-in show "Homefront" with Don
Zeman. The pre-produced home improvement tips will be localized for The Kirkwood Channel.
Video recording and pre-production work continues for the Linn County Master Gardener
programs that will begin airing in March 2009. Video recording and pre-production work
continues on 14 three minutes videos that will promote and market Kirkwood's High School
Career Academy programs. Kirkwood's Career Academy program gives high school students
hands-on work experience in various careers.
PATV REPORT
Goding reported that PATV will hold a chili cook-off fundraiser Sept. 25 at Old Brick. PATV's
Live and Local program has recently featured the Bicyclist of Iowa City, Goodwill, and FEMA.
Future organizations include the Women's Resource and Action Center, Project Holiday, and the
Johnson County Democratic and Republican parties on early voting. Another episode of
Education Exchange was shot by PATV for the school district. The next Open Channel program
will be on the last Sunday of the month. The central states region of the Alliance for Community
Media will hold a conference Oct. 16-18. Goding has additional information for anyone
interested. The next guidelines workshop will be held Oct. 5 at 10 a.m. Other workshops are by
appointment. PATV is planning to conduct a class on media literacy. The next board meeting
will be Oct. 16`"
SENIOR CENTER REPORT
Rogusky distributed ayear-end report. Episodes of the Spanish-speaking program and the "At
the Center" were recently taped. The intergenerational program will begin taping in October.
The two University students were recently hired and are working out well. Hoerschelman asked
about the commitment of the University's Intermedia Department to web stream Senior Center
programs. Rogusky said that the person responsible has been out of the country and no new
programs have be put on the website since May.
LIBRARY CHANNEL REPORT
Fisher reported that the library had 14 live shoots in September and has plans for 19 in October.
IOWA CITY COMMUNITY SCHOOL DISTRICT REPORT
"the school district provided a written report. New programs in August and September include
an episode of Education Exchange and a program called "Sports Beat 2008", both of which are
produced by PATV. "PE 4 Life", "Meet the School Board Candidates" and 2 new school board
meetings were also cablecast. Coverage of the District Parent Organization meetings may be
done by PATV staff for the school channel.
CITY MEDIA UNIT REPORT
Hardy reported that the Police Citizen Review Forum was recently cablecast. A video on the
flood is planned. Photos are being organized and categorized and audio collected. A program
for the Iowa City Housing Authority explaining section 8 is planned. Coverage of the Human
Rights Award Banquet is planned. The Meet the Candidates program is also underway. The
Community Television Service recently completed the last of the Friday Night Concerts.
Programs for MECCA, the Johnson County Conservation Board, a candidate forum, and the
Johnson County chapter of the National Association for the Mentally Ill are planned. The
Community Voice finished the third mayor's program. Future shows include one on parks and
trails and one on winter activities. Putting all the access channels programs on an on-demand
video-streaming site is being explored. Mekies said that the City needs to follow-up on the
complaints received regarding sound and synch problems.
TRIENNIAL REVIEW
Hoerschelman said there will likely be areas that overlap the committees. Each committee will
meet for a short period after the regular meeting.
COMMUNITY TELEVISION GROUP PROPOSAL
Hardy distributed a brief summary of the most recent Community Television Group (CTG)
meeting at which discussion was held about proposals for funds from the pass-through fund.
Hardy said the CTG wishes to use some of the annual $17,500 to fund development of programs
of a cooperative nature. The funds may be spent on staff wages for a program project. The
funds would be spent gradually over time and the CTG would update the Commission on how
and when the funds are being spent. The CTG would also like to start an Internet site for all the
access channels and develop capabilities for web streaming. Both initiatives would also use
funds to promote those efforts. Gordon moved to allocate $10,000 of the $17,500 for a trial
project to produce programs. Mekies seconded the motion and suggested that the proposal be
discussed at the next meeting when the idea can better be explored. Hardy said he would provide
a written proposal.
ACCESS CHANNELS AND THE DIGITAL TRANSITION
Hardy said that the long term future for the access channels in over the Internet. The CTG's
steps towards streaming video is one step.
ADJOURNMENT
Gordon moved and Hagen seconded a motion to adjourn. The motion passed unanimously.
Adjournment was at 6:50 p.m.
Respectfully submitted,
Michael Brau
Cable TV Administrative Aide
TELECOMMUNICATIONS COMMISSION
12 MONTH ATTENDANCE RECORD
01/01/03 to CURRENT
Meetin Kimberly Saul Meikes Brett Castillo Terr~Smith Jim Pusack
g
Date Thrower
6/2/03 x x x x x
7/28/03 x x' x x x
8/25/03 X X X X O/C
9/22/03 X X X X O/C
10/27/03 x x x x o/c
11 /24/03 x x o/c x x
12/15/03 o/c o/c x x x
1 /2/04 x o/c x x x
1 /26/04 x x x x x
2/23/04 x o/c x o/c x
3/22/04 x x x x x
4/ 26/04 X X X X O/C
5/24/04 x x O/C x x
6/28/04 x x x o/c x __
7/26/04 o/c x x x x
8/26/04 did not meet did not meet did not meet did not meet did not meet
9/27/04 X X X_ X X
10/25/04 X X
11 /04 Did not meet Did not meet Did not meet Did not Did not meet
meet
12/20/04 X X X X X
1 /24/05 X X X X X
2/28/05 X X X X
Gary Ham
3/8/05 X X X X X
3/25/05 X O X X X
4/25/05 x o/c X X X
5/23/05 X o x vacanc X
James
Ehrmann X x Bebe
Balant ne x
6/27/05 X x X X X
X Michael
Chritians
7/25/05 O X_ X X_ X
9/26/05 0 X X 0 X
10/31 /05 X X o/c X X
11 /28/05 X X X X X
1 /23/06 o/c X X O X
2.27/06 X X X 0 X
3/27/06 o/c X X John
Weaterson X
X
4/24/06 X X X X X
5/22/06 0 X x/o 0 X
6/26/06 0 X Vacant 0 X _
Nick Parker
7/24/06 x x_ x X
8/24/06 X x M. Wietin~ o/c X
9/25/06 x x x 0/c X
10/23/06 x X_ x o/c X
10/30/06 x x x vacant X
11 /27/09 X X X X
12.18/06 X X X X
Brett
Gordon
1 /22/07 X X X X X
2/26/07 X X X X X
3/26/07 Vacant x o/c x X
4/23/07 Vacant X X X X
Hoerschelm
an
521 /07 X_ X o/c X x
6/26/07 X X X X X
7/23/07 X X X X X
9/24/07 X X o/c o/c X
10/22/07 x x o/c o/c x
11 /26/07 X X X X X
12/18/07 X X o/c X X
1 /28/08 X X O/C X X
3/3/08 X X X X X
3/24/08 Bob Kem
x x o/c X X
4/28/08 X X X X X
6/3/08 X X X X X
6/23/08 X X X X_ 0/C
7/28/08 X X X X X
8/25/08 X X X o/c X
9/23/08 X X X X X
10.27/08 X X X o/c x
(X) =Present
(O) =Absent
(O/C) = Absent/Called (Excused)
FINAL/APPROVED
CALL TO ORDER:
MEMBERS PRESENT:
MEMBERS ABSENT:
STAFF PRESENT:
OTHERS PRESENT:
POLICE CITIZENS REVIEW BOARD
COMMUNITY FORUM
September 16, 2008, 7:30 P.M.
EMMA J. HARVAT HALL
410 E Washington St
Chair Michael Larson called the meeting to order at 7:30 p.m.
Janie Braverman, Donald King, Greg Roth, Abbie Yoder
None
Legal Counsel Catherine Pugh and Staff Kellie Tuttle
4b(7)
Captain Richard Wyss of the ICPD; and former PCRB member, Loren Horton
(Transcriptions are available)
PRESENTATIONS The following presentations were made:
A History/Summary of the PCRB by former PCRB member Loren Horton.
PCRB Complaint Filing Process by PCRB member Greg Roth.
ICPD Formal/Informal Complaint Process by Captain Rick Wyss from the ICPD.
PUBLIC
DISCUSSION The following individuals appeared before the PCRB:
Dean Abel
Jeffrey Cox
Peter Hansen
Caroline Dieterle
Libris Fidelis
Galen Opstad
112 South Dodge St
1203 Cambria Ct
727 Walnut
CONSIDER MOTION TO ACCEPT CORRESPONDENCE AND/OR DOCUMENTS
Correspondence was read into the record by Braverman.
Motion by King, seconded by Roth. Motion carried, 5/0.
ADJOURNMENT Motion for adjournment by Yoder and seconded by King.
Motion carried, 5/0. Meeting adjourned at 8:40 P.M.
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FINAL/APPROVED
POLICE CITIZENS REVIEW BOARD
MINUTES -September 9, 2008 4b 8
CALL TO ORDER: Chair Michael Larson called the meeting to order at 5:30 p.m.
MEMBERS PRESENT: Janie Braverman, Donald King, Greg Roth, Abbie Yoder
MEMBERS ABSENT: None
STAFF PRESENT: Legal Counsel Catherine Pugh and Staff Kellie Tuttle
OTHERS PRESENT: Captain Richard Wyss of the ICPD; and public, Caroline Dieterle, Kendall
Dingwall
RECOMMENDATIONS TO COUNCIL
(1) Accept PCRB Report on Complaint #08-04
(2) Accept PCRB Report on Complaint #08-05
INTRODUCTION OF NEW BOARD MEMBERS
Janie Braverman and Abbie Yoder introduced themselves and gave a little
background about themselves to the Board and the public.
CONSENT
CALENDAR Motion by King and seconded by Roth to adopt the consent calendar as presented or
amended.
• Minutes of the meeting on 08/19/08
• ICPD General Order 99-05 (Use of Force)
• ICPD General Order 01-02 (Informants)
Motion carried, 5/0.
Braverman questioned the wording on ICPD General Order #99-05 (Use of Force),
page 4, section V, number 3a. The wording used at the end of (a) is "and", making it
seem as though both (a) and (b) are needed, instead of using "or" which is used on
page 3, section IV, number 1. Wyss will take back that information and have it
reviewed.
Roth inquired to Wyss as to whether there had been any change in policy regarding
Pursuits as a result of a 2007 US Supreme Court decision in Scott vs Martin. The
ruling dealt with potential liability towards the police departments if they didn't end a
pursuit and injury occurred in cases where a PIT (Pursuit Intervention Techniques)
maneuver or other procedures were used. Wyss clarified that a PIT maneuver is
when the officer intentionally makes contact with the rear end of the vehicle in pursuit
causing it to spin out. Roth said he would forward the information to Wyss so that he
could review and also pass along to Captain Johnson.
Braverman inquired as new Board members if they would be getting all General
Orders. Larson explained that they are all available on the City website along with
the Standard Operating Guidelines and that the Board receives them as they are
updated and reviewed by the Police Department as part of their Accreditation
process.
PCRB
September 9, 2008
Page 2
Braverman also asked if the Board was a member of NACOLE (National Association
for Civilian Oversight of Law Enforcement) since it was referenced at the bottom of
the packet index sheet. Pugh explained that the Board had previously been a
member, but it was decided that since there had been an increase in the articles,
which weren't really pertinent to the Boards functioning or business, decided to
discontinue the membership and suggested putting a link to NACOLE's website on
the Board's packet cover sheet. Pugh stated that membership could be revisited if
the Board feels that it would be beneficial.
OLD BUSINESS Future Forums -Tuttle confirmed with the Board their intention of having the forum
videotaped, whether it was for archival purposes or so that it could be run on the
Public Access Channel for those would were not able to attend. Larson confirmed
that it was for the purpose of being run on the Public Access Channel. Tuttle
informed the Board that there was also going to be transcriptions done of the forum
for archival purposes. Roth inquired whether the Board would like a Power Point
presentation for the Complaint Filing Process, it was agreed that Roth would do one.
NEW BUSINESS Nominating Committee -The Board agreed to have Roth and King serve on the
nominating committee.
PUBLIC
DISCUSSION Wyss asked how long the Board would like his presentation to be, it was agreed
around 10-15 minutes. Roth commented that the Board needs to be sure that forum
remains a PCRB forum and not a place where the public is bringing their complaints
regarding the Police Department. Dieterle confirmed the purpose of the forum.
BOARD
INFORMATION None.
STAFF
INFORMATION Tuttle asked if the Board had reviewed the member contact information and if there
were any changes or corrections. Tuttle also made clear to the new members that
any information on the member contact sheet was public information.
EXECUTIVE
SESSION Motion by King and seconded by Yoder 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.
PCRB
September 9, 2008
Page 3
Open session adjourned at 5:47 P.M.
REGULAR
SESSION Returned to open session at 7:07 P.M.
Motion by Yoder, seconded by King to move the November 11t" meeting to
November 18tH
Motion carried, 5/0.
Motion by King, seconded by Roth to move the October 14t" meeting to October 28tH
Motion carried, 5/0.
Motion by Yoder, seconded by Roth to forward the Public Report as amended for
PCRB Complaint #08-04 to City Council.
Motion carried, 5/0.
Motion by King, seconded by Roth to forward the Public Report as amended for
PCRB Complaint #08-05 to City Council.
Motion carried, 5/0.
TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change)
• October 14, 2008, 5:30 PM, Lobby Conference Rm (RESCHEDULED TO 10/28)
• October 28, 2008, 5:30 PM, Lobby Conference Rm
• November 11, 2008, 5:30 PM, Lobby Conference Rm (RESCHEDULED TO 11118)
• November 18, 2008, 5:30 PM, Lobby Conference Rm
ADJOURNMENT Motion for adjournment by King and seconded by Braverman.
Motion carried, 5/0. Meeting adjourned at 7:16 P.M.
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City, IA 52240-1826
(319) 356-5041
September 9, 2008
To: City Council
`~
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Complainant
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Michael Lombardo, City Manager
Sam Hargadine, Chief of Police c -
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Officer(s) involved in complaint _ ~:?
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From: Police Citizen's Review Board ~
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Re: Investigation of PCRB Complaint #08-04
This is the Report of the Police Citizens Review Board's (the "Board") review of the
investigation of Complaint PCRB #08-04 (the "Complaint").
BOARD'S RESPONSIBILITY
Under the City Code of the City of Iowa City, Section 8-8-7B (2), the Board's job is to review the
Police Chiefs 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 Chiefs 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 these 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", Section 8-8-7 B (2) a, b, c.
BOARD'S PROCEDURE
The Complaint was received at the Office of the City Clerk on May 1, 2008. As required by
Section 8-8-5 (B) of the City Code, the Complaint was referred to the Chief of Police for
investigation.
The Chiefs Report was due on July 30, 2008, and was filed with the City Clerk on July 30, 2008.
1
The Board met to consider the Chiefs Report on August 19, 2008 and September 9, 2008. The
Board voted to review the Chiefs Report in accordance with Section 8-8-7 (B) (1) (a), "on the
record with no additional investigation".
FINDINGS OF FACT
On February 1, 2008 at approximately 0200 hours, the Complainant was arrested for his
involvement in an altercation in the 500 block of Gilbert Street.
Later in the day, the Complainant picked up a complaint form from the Police Department. At
1:56PM on May 1, 2008, the City Clerk received the Police Citizen's Review Board Complaint
form and on May 5, 2008 it was assigned for investigation. - "~'
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ALLEGATIONS ~ ? ~ ' r J
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The Complainant's allegations are: -°c ~~^• ._ ~ fi
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1. EXCESSNE USE OF FORCE/IlVIPROPERLY APPLIED HANDCUFFS E %~ ~?
The Complainant alleged that the handcuffs were applied too tight, and he asked Offi e s at
least twice to loosen the cuffs. He also alleged that the arresting Officers "slammed" him
over the patrol car. These allegations are made against Officers A & B.
2. INADEQUATE INVESTIGATION OF THE INCIDENT
The Complainant alleged that Officer A did not assess the situation, but rather insisted that
he lie on the ground, that he and his siblings were not allowed to give their side of the story,
and his sister was not allowed to give a statement. The Complainant also alleged that at no
time did the officer tell him what he was being charged with, even after his persistent
asking.
3. UNPROFESSIONAL BEHAVIOR/Il~iAPPROPRIATE INTERACTION WITH A CITIZEN
The Complainant alleged that Officer C displayed disrespectful and rude behavior. He also
alleged that Officer C got in the back seat of the patrol car to get face to face with him,
arguing about the situation,' screaming at him numerous times, and mocking his medical
condition.
4. INTERFERENCE WITH A MEDICAL EMERGENCY
The Complainant alleged that his actions were due to excessively high blood sugar, and that
2
Officer C waited almost 45 minutes before getting him medical attention. He also alleges
that Officer C took the phone that the Emergency Treatment Center (ETC) nurse was using
to talk to his mother about his condition and put it in his pocket.
POLICE DEPARTMENT INVESTIGATION
The Iowa City Police Department did an investigation of the allegations (PCRB 08-04) filed by the
Complainant on May 1, 2008. The investigation report was filed with the City Clerk's Office on
July 30, 2008 and reviewed by the Board at the August 19, 2008 and September 9, 2008 meetings.
To investigate the four allegations, the police department interviewed the officers involved and
reviewed police in-car video/audio logs from all of the officers present at the scene. Reports and
witness statements from that evening were reviewed. Interviews were conducted ,with the
Complainant, the Emergency Room nurse, the Triage Nurse and the attending physician.
Investigator called the Complainant's brother and sister and left messages in an attempt to schedule
interviews. The messages were not answered, and further attempts to contact these wThnesses'. mere
not answered. `~ '-
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BOARD FINDINGS -~ •~> -
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Allegation #1 ~ ~''
The Board finds allegation #1 to be NOT SUSTAINED due to the following: T
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- The in-car camera systems do not record the Complainant ever telling Officers that the
handcuffs were too tight.
- The in-car camera systems record that the Complainant is leaned against the side of the patrol
car near the trunk by the Officers.
- The Officer stated that the handcuffs were properly applied, double locked, and removed at the
hospital for medical treatment.
- The injuries that the Complainant experienced were consistent with properly applied handcuffs
where the person struggles, leans back on, or tries to manipulate the cuffs.
Allegation #1's Conclusions
The handcuffs were applied in a manner that while handcuffed behind his back and seated
in a patrol car, the Complainant was able to move around to the extent that he was able to retrieve
his cell phone from his pocket and make multiple calls or texts.
Officer A was attempting to gain control of a volatile situation involving at least four people. In
order to gain control of the situation Officer A is attempted to stop the subjects from fighting and
elimate their opportunity to flee. Officer A had no immediate back-up, and his decision to order the
subjects to the ground was necessary and reasonable.
3
Allegation #2
The Board finds allegation #2 to be NOT SUSTAINED due to the following:
- The in-car camera system records Officer A arriving on the scene and ordering the subjects and
the Complainant to the ground to gain control.
- Officer A is directed to the Complainant by another subject and is told to "tell him to stop."
- The in-car camera system records officers discussing the circumstances of the incident with
those witnesses present and among themselves.
- Officer D's recorder documents his speaking with the Complainant's sister at the scene.
- Officer B's recorder documents him talking with the Complainant's sister and other witnesses.
- Officers A & B tell the Complainant that he is under arrest because he didn't get on the ground
when told to do so.
Allegation #2 Conclusion
When attempting to break up fights in progress, an Officer will usually begin with the person who
appears to be the primary aggressor. Officer A arrived on the scene and was directed to the
Complainant by another subject. The subject told Officer A to "tell him to stop." This lead Officer
A to reasonably conclude that the Complainant was the primary aggressor.
Allegation #3
The Board finds Allegation #3 to be NOT SUSTAINED due to the following:
- At no time during the entire incident does any in-car camera system record any Officer
mocking the Complainant's medical condition.
- In-car camera system records Officer C getting in the back seat of the patrol car with the
Complainant to explain what is going on.
- The Complainant won't allow any discussion, screaming over Officers' attempts to tell him
what is going on with his medical supplies.
- The Complainant is told by Officer D what is happening with retrieval of his medical supplies,
but he becomes more argumentative.
Allegation #3 Conclusion
Officers tell the Complainant that they believe he has diabetes, but the Complainant responds that
he doesn't believe them. He continues to demand answers but won't listen when Officers explain
anything to him.
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Allegation #4 +:~~.
The Board finds Allegation #4 to be NOT SUSTAINED due to the following: '~~ ~~~~ f~~
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- At no time does the Complainant indicate that he is having a medical emergency; he did express
that he needed his medical kit available to him.
- The Complainant informed Officers that he had checked his blood sugar prior to leaving his
apartment to come help his sister and his blood sugar it was low.
- The Complainant left the house without doing anything about his blood sugar level, but had a
snack immediately before the altercation.
- Officer C asked the Complainant if he wanted an ambulance and he replied that he wanted one.
Officer C asked the Complainant if he wanted an ambulance based on Complainant's reference
to past medical history and not because Officer C observed any signs or indicators of medical
distress.
- The Complainant would not cooperate with EMT personnel.
- The Complainant was taken to UI ETC where he was uncooperative with the nursing staff also.
- The Complainant denied that he had chest pain, fever, nausea, vomiting, abdominal pain, which
are all systematic of diabetic reaction needing medical attention.
Allegation #4 Conclusion
The Complainant appeared more interested in having his medical kit available to him than needing
immediate medical attention. The Complainant stated that his brother had been arrested before and
they would not let him have access to his medical kit and he did not want that to happen to him.
The attending physician was interviewed and asked if he felt that based on the Complainant's
behavior, the officer should have recognized that the Complainant was in need of immediate
medical attention. The physician indicated he did not think so.
Board Comments
The board noted that while the criminal complaint against the Complainant stated that the
Complainant "admitted to drinking, but denied it later" such admission was not noted anywhere
in the Chief's report or supporting documentation submitted to the board.
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5
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City, IA 52240-1826
(319) 356-5041
September 9, 2008
To: City Council
Complainant
Michael Lombardo, City Manager
Sam Hargadine, Chief of Police
Officer(s) involved in complaint
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From: Police Citizen's Review Board
Re: Investigation of PCRB Complaint #08-OS
This is the Report of the Police Citizens Review Board's (the "Board") review of the
investigation of Complaint PCRB #08-OS (the "Complaint").
BOARD'S RESPONSIBILITY
Under the City Code of the City of Iowa City, Section 8-8-7B (2), the Board's job is to review the
Police Chiefs 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 Chiefs 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 these 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", Section 8-8-7 B (2) a, b, c.
BOARD'S PROCEDURE
The Complaint was received at the Office of the City Clerk on June 5, 2008. As required by
Section 8-8-5 (B) of the City Code, the Complaint was referred to the Chief of Police for
investigation.
The Chiefs Report was due on September 3, 2008, and was filed with the City Clerk on August 19,
2008.
The Board met to consider the Chiefs Report on August 19, 2008 and September 9, 2008. The
Board voted to review the Chiefs Report in accordance with Section 8-8-7 (B) (1) (a), "on the
record with no additional investigation".
FINDINGS OF FACT
On June 1, 2008 at approximately 9:30 P.M., Officer A responded to a report of glass breaking and
two individuals arguing in the 100 block of S. Scott Blvd. Officer A met with both individuals and
ascertained that an argument originating indoors had continued outdoors where a ss cu~~was
dropped on the pavement. `=
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The complainant alleges Officer A made inappropriate comments about the complain~t~',~ pen~Tc ing
marriage and military service. ~ ~'
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POLICE DEPARTMENT INVESTIGATION
The police department reviewed the sixteen (16) minute in-car recording between Officer A and
both individuals involved. The in-car recording shows the interaction between Officer A and both
individuals as cordial. Officer A asks the complainant to clean up the broken glass and speaks with
the parties who initiated the call for service. Those parties subsequently advised the officer that the
argument escalated more than indicated by the complainant.
The in-car recordings do not provide any evidence that Officer A makes any negative comments
about the two individuals getting married or the complainant's military service. The majority of the
interaction between Officer A and the complainant appears off camera; however toward the end of
the service call neither Officer A nor the complainant displays any body language indicating a
hostile interaction.
Interviews were scheduled with both individuals involved for June 19, 2008. Both individuals
cancelled the interviews on June 19, 2008. The interviews were rescheduled for June 25, 2008.
Neither individual appeared for this interview, nor has any attempt to cancel or reschedule the
interviews been recorded.
BOARD FINDINGS
The allegations submitted by the complainant have been found to be NOT SUSTAINED. The
evidence provided by the Police Department contradicts the original claim that Officer A acted in
an inappropriate mariner, but showed rather that the' officer acted in a professional and courteous
manner.
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