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HomeMy WebLinkAbout2009-03-19 Info Packet~ - i ~~.®~r~ ~mli. ,~ -n..s~ CITY OF IOWA CITY www.icgov.org CITY COUNCIL INFORMATION PACKET March 19, 2009 MARCH 23 SPECIAL WORK SESSION IP1 Council Meetings and Work Session Agenda IP2 Memorandum from the Department of Planning and Community Development and the Department of Public Works: Flood recovery funding opportunities IP3 Memorandum from the City Clerk: Agenda Items for Joint meeting of April 8, 2009 MISCELLANEOUS IP4 Letter from Mayor Bailey to Downtown Business Owners: Help keep Iowa City clean and attractive [Response from Matthew Theobald follows.] IP5 Memorandum from the City Manager, Library Director, and the Director of Public Works: ICMA Public Library Innovation Grant Award IP6 Email from Congressman Dave Loebsack to Mayor Bailey: Remaining flood repair/mitigation needs [Correspondence from Mayor Bailey included] IP7 Memorandum from the Director of Public Works and the Planning and Community Development Director: Update: Flood-related activities IP8 Memo from the Transportation Planner: FY10 JCCOG Transportation Planning Work Program regarding traffic issues in the Dubuque Street corridor between Church Street and Jefferson Street IP9 Copies of letters from the Assistant City Manager to Community Event and Program funding applicants: Funding granted/not granted DRAFT MINUTES IP10 Police Citizens Review Board: March 10, 2009 ~~~ ~~~ -" ~®~~~ CITY COUNCIL INFORMATION PACKET CITY OF IOWA CITY March 19, 2009 www.icgov.org ~ MARCH 23 SPECIAL WORK SESSION ~ IP1 Council Meetings and Work Session Agenda IP2 Memorandum from th Department of Planning an Community Development and the Department of Public Wo s: Flood recovery funding` opportunities /r IP3 Memorandum from the City C rk: Agenda Items fq~r Joint meeting of April 8, 2009 ELLANE"OUS IP4 Letter from Mayor Bailey to Downtown~usin ss Owners: Help keep Iowa City clean and attractive \ IP5 Memorandum from the City Manager, Libr ry irector, and the Director of Public Works: ICMA Public Library Innovation Grant ward IP6 Email from Congressman Dave Loebsack o Mayor Bailey: Remaining flood repair/mitigation needs [Correspo dence from May Bailey included] IP7 Memorandum from the Direc r of Public Works d the Planning and Community Development Director: Update Flood-related activities IP8 Memo from the Transport ion Planner: FY10 JCCOG T nsportation Planning Work Program regarding traffi issues in the Dubuque Street cor 'dor between Church Street and Jefferson Street IP9 Copies of letters frome Assistant City Manager to Community Ev~pt and Program funding applicants: Funding ranted/not granted DRAFT MINUTES \, IP10 Police Citizens~teview Board: March 10, 2009 ~ _ , 03-19-09 ®°~'~ IP1 .,,,~ City Council Meeting Schedule and CITY OF IOWA CITY Work Session Agendas Ma~~h 19, 2009 www.icgov.org • MONDAY, MARCH 23 Emma J. Harvat Hall 6:30p Special Formal Council Meeting -Separate agenda posted Executive Session (land acquisition; City Manager evaluation) Special Council Work Session • Council Appointments • Agenda Items • Flood Response and Mitigation Update (IP#2) ^ Information Packet Discussion (3/12 and 3/19] ^ Council Time ^ Joint meeting agenda items (IP#3) ^ Schedule of Pending Discussion Items • Upcoming Community Events/Council Invitations • Discussion of Meeting Schedules • TUESDAY, MARCH 24 Emma J. Harvat Hall 7:OOp Special Formal Council Meeting Executive Session (City Manager evaluation) TENTATIVE MEETING SCHEDULE SUBJECT TO CHANGE • TUESDAY, MARCH 31 Emma J. Harvat Hall 5:30p Special Council Work Session- Priority-setting • MONDAY, APRIL 6 Emma J. Harvat Hall 6:30p Council Work Session • TUESDAY, APRIL 7 Emma J. Harvat Hall 7:OOp Regular Formal Council Meeting • WEDNESDAY, APRIL 8 IC School District 4:OOp ICCSD Board of Directors -Joint Meeting Central Office • MONDAY, APRIL 13 Emma J. Harvat Hall 5:30p Special Council Work Session- Priority-setting • MONDAY, APRIL 20 Emma J. Harvat Hall 5:30p Special Council Work Session 7:OOp Special Formal Council Meeting Continue Special Work Session if necessary 1 1 """®'~~ City Council Meeting Schedule and -n....._ CITY OF IOWA CITY Work Session Agendas March 19, Zoos www.icgov.org • MONDAY, MAY 4 Emma J. Harvat Hall 6:30p Council Work Session • TUESDAY, MAY 5 Emma J. Harvat Hall 7:OOp Regular Formal Council Meeting • MONDAY, MAY 18 Emma J. Harvat Hall 6:30p Council Work Session • TUESDAY, MAY 19 Emma J. Harvat Hall 7:OOp Regular Formal Council Meeting • TUESDAY, MAY 26 Emma J. Harvat Hall 5:30p Special Council Work Session- Priority-setting • THURSDAY, MAY 28 Emma J. Harvat Hall 5:30p Special Council Work Session- Priority-setting • MONDAY, JUNE 1 Emma J. Harvat Hall 6:30p Council Work Session • TUESDAY, JUNE 2 Emma J. Harvat Hall 7:OOp Regular Formal Council Meeting • MONDAY, JUNE 15 Emma J. Harvat Hall 6:30p Council Work Session • TUESDAY, JUNE 16 Emma J. Harvat Hall 7:OOp Regular Formal Council Meeting • MONDAY, JUNE 29 Emma J. Harvat Hall 6:30p Special Council Work Session • TUESDAY, JUNE 30 Emma J. Harvat Hall 7:OOp Special Formal Council Meeting r ^•'-1,,;,p~~ CITY OF IOWA CITY IP2 ~..~~ ~~~~~. ~E~ORANDI~~ Date: March 19, 2009 To: City Council From: Jeff Davidson, Department of Planning & Community Development ~%~;`~ Rick Fosse, Department of Public Works ~~+~ Re: March 23, 2009 work session: discuss flood recovery funding opportunities In conjunction with our ongoing flood recovery efforts, we have recently become apprised of five specific funding opportunities from the State of Iowa. The five programs involve both state funds and federal funds which are administered by the State. There are differing requirements and deadlines for the five programs, but the bottom line is that we must move swiftly to take advantage of these opportunities. At your March 23 work session we would like to step through each program with you and see if we can reach consensus on how to proceed. For each program we would like to: 1. Explain what the program can be used for 2. Explain our recommendation for Iowa City's specific use of the program 3. Discuss with you options for the program so that you can give specific guidance on how you would like us to proceed. Overall Strategy The staff committee that has developed the funding proposals which you will receive on March 23 has tried to be consistent with the overall flood recovery strategy which you agreed to for the Hazard Mitigation Grant Program (HMGP). To restate those objectives in priority order: We will attempt to buy out residential property in the 100-year. floodplain of the Iowa River. This will involve purchasing some properties (approximately 40) at the present time, with the goal of buying out the remainder over the next 10 to 15 years. Those who refuse buyout funds will not be granted public funds for the rehabilitation of their homes, nor are they guaranteed that they may not be negatively impacted by future flood mitigation strategies. This strategy is the most effective flood mitigation strategy possible. It reduces risk on the highest flood-prone properties to zero. A property which is bought out cannot be used for anything except open space in perpetuity. 2. For the remainder of the flood-impacted residential neighborhoods in the 500-year floodplain of the Iowa River, we will implement realistic protection measures that can be implemented at this time. This includes elevating roads in flood-prone neighborhoods, elevating structures, elevating mechanical systems within structures, backflow prevention valves, and attempting to provide secondary access to flood-prone neighborhoods. Council Work Session -March 23, 2009 Page 2 3. Our number one priority public infrastructure project will be the elevation of Park Road Bridge and Dubuque Street. This will assist flood-prone neighborhoods upstream by allowing water to be conveyed downstream more easily and not back up into the neighborhoods. Our second priority public infrastructure project is relocation of the North Wastewater Treatment Plant. These two projects are the focus of our local option sales tax efforts, but additional funding sources will be required as well. 4. If in the future the required funding for levees and flood walls is made available, we will consider such strategies in flood-prone neighborhoods. However, we do not believe such funding opportunities are realistic at the present time and do not believe that flood- impacted residents should be making decisions based on them occurring. We have done preliminary planning to know that these structures could cost approximately $34 million. We thought it would be helpful to restate the above objectives so that you could see how they tie into the strategies for the following five funding programs. Please be prepared to discuss these project proposals and authorize staff to proceed according to your wishes at the March 23 meeting. It is necessary that we receive authorization at the March 23 meeting in order to take advantage of these funding opportunities by the deadlines for the programs. There are at least two programs which have deadlines in April or May. Flood Recovery Specialist David Purdy has time to devote to these grant applications over the next several weeks before he becomes busy with HMGP buyout grant administration. We look forward to the discussion at the March 23 meeting. Council Work Session -March 23, 2009 Page 3 Program 1: HMGP Non-Acquisition (FEMA funds) Projects funded from this program should reduce or eliminate losses from future natural disasters. As required for all HMGP projects, each project we select must have abenefit/cost ratio greater than 1.0. Eligible projects include: • Construction of tornado safe rooms on private property. • Acquisition, structural relocation or elevation of buildings located in a flood hazard area. • Retrofitting of existing public buildings, facilities, or utilities to protect from flood hazard. • Stormwater management structures, such as culverts, flood gates, and retention basins. • Localized flood control projects such as floodwall systems that are designed to protect critical facilities and are not part of a larger flood control system. Back-up power generation and warning systems are not eligible at the present time. No local match is required and administrative costs are allowable. The funding we will apply for is discretionary. The Notice of Interest is due September 15, 2009, and the application is due November 15, 2009. Recommended Projects (not in priority order) • Tornado shelter combined with restrooms at Napoleon Park, Kickers Park, Hickory Hill Park, and City Park. These would be constructed in conjunction with programmed restroom improvements. $600,000 • Storm sewer backflow devices in Parkview Terrace, Idyllwild, Rocky Shore Drive, South Gilbert Street, and Thatcher neighborhoods. $650,000 • Modify arts campus storm sewer pump station. $500,000 • Modify Hwy. 6/Rocky Shore Drive lift station. $100,000 • Water well protection. $2,000,000 Total requested funding: $3.85 million Council Work Session -March 23, 2009 Page 4 Program 2: Community Disaster Grants It is anticipated that Iowa City will receive approximately $2.4 million from this State program, which was created by House File 64. This program is intended to benefit non-profit organizations, provide funding for the public purchase of land that is not FEMA eligible, repair and upgrade public infrastructure damaged by the flood, assist with the reevaluation and assessment of property due to the flood, provide small business assistance, and assistance for replacement and rehabilitation of housing. No local match is required and administrative costs are allowable. This program has a due date of April 1, 2009 and funds must be expended by July 30, 2010. Recommended Projects: (not in priority order) • Acquire vacant Parkview Church land in the 100-year floodplain between Taft Speedway and the Iowa River. This property, along with the Trimble property that is being acquired through the HMGP, would be added to Terrill Mill Park. We are currently having an appraisal done for this property. • Purchase any other non-HMGP eligible property in the 100-year floodplain. This could include 105 Taft Speedway, or buildings in Idyllwild for which there were four willing sellers and the property could be severed from the condo association so that fee title could be obtained. • Housing rehabilitation for residents up to 250% of average median income. We anticipate this would allow us to assist as many as 28 homeowners in the Parkview Terrace and Idyllwild neighborhoods. Projects will include general housing rehabilitation, elevating structures, elevating mechanical systems, and backflow prevention valves. • Assist with funding of Corps of Engineers Coralville Reservoir Operations Plan. Total requested funding: $2.4 million Council Work Session -March 23, 2009 Page 5 Program 3: Public Infrastructure Non-FEMA (CDBG) This program is for projects that FEMA cannot fund but are critical to flood recovery that benefit low/moderate income residents. Examples include damaged water and sewer systems, storm drainage systems, levees, roads and bridges. No single project may be awarded more than $5,000,000. $53,000,000 is allocated statewide. There is no required local match, but local match is beneficial in the project evaluation. There is no deadline for applying. Recommended projects: (not in priority order) • Elevate Foster Road adjacent to Idyllwild neighborhood. $3,000,000 • Elevate Normandy Drive/Manor Drive intersection. $1,000,000 • Elevate Park Road Bridge. $5,000,000 • Rocky Shore Drive floodgate. $130,000 • Levee construction in vicinity of South Gilbert Street/Stevens Drive. $1,000,000 • Levee construction in Baculus/Thatcher/Commercial Drive area. $1,000,000 Total requested funding: $11.13 million Council Work Session -March 23, 2009 Page 6 Program 4: Housing Buyouts, Non-FEMA (CDBG) The initial guidelines for this program stated that houses needed to be condemned to qualify for a non-FEMA housing buyout. We have requested that the program be modified to make homes eligible that were significantly damaged to at least 70% of their value. The Iowa Department of Economic Development has tentatively stated that they view this modification as appropriate, but has not issued a final rule. We do not have final CDBG rules and program guidelines, but hope to in May. No single award can exceed $5,000,000. There is no requirement for local match and administrative costs are allowable. We believe there are homes in Parkview Terrace which would qualify based on being significantly damaged to at least 70% of their value. An example of a home meeting this damage assessment would be one that has been gutted with no repairs having been made. This goes beyond the City Council's agreed-to policy of buying out homes in the 100-year floodplain. However, it would be consistent by removing the most at-risk homes from the floodway. A negative aspect to this program is the potential removal of residences from the property tax rolls. However, we were recently apprised of a new program administered by Iowa DED called the Single Family New Construction Unit Production program. We hope this program will result in the construction of 15-17 new affordable single family residences in Iowa City. This will help offset the loss of property tax revenue from the non-FEMA Buyout Program. Recommended Project: • Purchase as many houses as we can once the program rules are known. Total requested funding: $3.5 million Council Work Session -March 23, 2009 Page 7 Program 5: The Governor's State Bonding Program The legislature is still considering Governor Culver's request for $750,000,000 in bonding authority through the Rebuild Iowa Infrastructure Investment program. The Governor has put forth this program which would allow the State to sell bonds for flood recovery projects which have the following characteristics: • Are ready to be started and completed quickly •:• Create jobs • Contribute to sustainability The bonds would be paid off with a percentage of state-generated gaming revenue. Examples of eligible projects are housing, trails, highways, roads and bridges, mass transit, railways, airports, water quality and wastewater treatment improvements, flood control improvements, energy infrastructure, disaster relief infrastructure, and public buildings. The Governor suggested to Mayor Bailey at the forum at the Old Capitol on March 4 that an application should be filed for Iowa City's North Wastewater Treatment Plant relocation project. Recommended Projects: (in priority order) v Relocation of the North Wastewater Treatment Plant. $40 million • Construct levees in Parkview Terrace and Idyllwild neighborhoods. $34 million Total requested funding: $74 million ppddir/mem/3-23-09worksession. doc ~~®~z ~~,~~ CITY OF IOWA CITY MEMORANDUM IP3 DATE: March 17, 2009 TO: Mayor and City Council FROM: Marian K. Karr, City Clerk m~ RE: Agenda Items for Joint meeting of April 8, 2009 The ICCSD Board of Directors will host the next joint meeting of the City Councils of Iowa City, Coralville, North Liberty, the Johnson County Board of Supervisors and the Iowa City School,District on Wednesday, April 8, 2009 at the ICCSD Central Office Administration, 509 S. Dubuque St., at 4:00 PM. ICCSD Directors will share information regarding future school district facility plans and hope to receive comments from other governmental agencies. We can discuss any other items you may wish to have on the agenda at our meeting next week. A complete agenda will be available on April 2. Thanks for your cooperation. S:joint request for council tems.doc r 1 - - _,- CITY OF IOWA CITY . www.icgov.org O March 18, 2009 CITY COUNCIL Dear Downtown Business Owner: As a downtown business owner who has a stake in the vibrancy and attractiveness Regen;a Batley flayor of our central business district, I am writing to ask for your help in keeping downtown Iowa City clean and attractive. Mike O'Donnell Mayor Pro Tem '„_ Now that the winter snow has melted, winter debris accumulated in planters and conn;e champion other fixtures have become more visible. Further, as outside activities increase with amy Correia ! warmer weather, more trash is discarded on our sidewalks, streets and on City Matt xayek Plaza. With the stricter smoking regulations, we are also seeing an increase in the Ross Wilburn streets, and in public volume of cigarette butts discarded on the sidewalks Mike w,-ight , amenities just outside business establishments. This makes it increasingly difficult for the assigned City maintenance staff to keep up with cleaning demands. The City will be doing its regular annual downtown clean-up starting in April and ', perhaps going into early May. This effort focuses on cleaning the streets and sidewalks as well as cleaning out tree grates and planters. City crews also power wash the surface of City Plaza, steam clean the alleys, and perform maintenance work on public fixtures. This significantly improves the appearance of the downtown, but we will need your help in sustaining this throughout the summer season. Your efforts can make a significant difference in the appearance of our central business district. By sweeping dirt and other debris from the walkway in front of "' your business daily, and discarding these waste materials with your trash, our downtown will be much cleaner. We suggest that you place a receptacle for cigarette butts near the entrance of your business to encourage smokers to discard them responsibly. We have a wonderful downtown that many other communities envy. Together, we can ensure that our downtown remains an appealing destination for our citizens as well as for visitors. As we move into spring and our summer festival season, please join the City in its efforts to keep our downtown clean and attractive. Please feel free to contact me with questions or with other ideas to enhance the appeal of our downtown. Thank you for your commitment to our community. council@iowa-ci ty. org 410 E. Washington Street y Iowa City, IA 52240 Phone: (319) 356-5010 Fax: (319) 356-5009 S' erely, C ~ enia D. Bailey or Page 1 of 2 Marian Karr From: Regenia Bailey [bailey@avalon.net] Sent: Thursday, March 19, 2009 1:15 PM To: Marian Karr Subject: FW: Recent letter For council correspondence From: Soap Opera [mailto:soapop@gmail.com] Sent: Thursday, March 19, 2009 2:09 PM To: regenia-bailey@iowa-city.org Subject: Recent letter Dear Mayor Regina Bailey, I found the letter I received from you and the City to be insulting. The City asking retailers for help is a bit of a smack in the face. Retailers have been asking the City for help for years. The help we ask for is often something that we shouldn't have to be ask for. The City, however, has done nothing to mitigate it. Every day I remove the cigarette butts, trash and take the gum off the sidewalk and clean the same out of the planter and from around the bench in front of our store. This in addition to my cleaning of the urine and vomit the is deposited in our entryway. We also plant the planter in front of our store once of year. I say this not because I think it is particularly laudable, we've always believed that we have a responsibility to the community around us and maintaining the store front and the area around it is just part of that. This certainly isn't where it ends for us, but it is sufficient to illustrate my point. Our efforts, of course, makes very little difference because the bars which pretty much now surround me in all directions make no such attempt. Vomit on the front of their building, sits sometimes for days until, I'm assuming a City worker cleans it up. Piles of cigarette butts can be found in front of any such business. On a regular bases the sidewalks in our area are literally covered with grease from either or both spillage or improper disposal of grease from the stands until after a few days the City cleans it up. In addition our store's windows are broken regularly (at least once ayear-twice this year, three times if you count the building as a whole). We regularly clean urine, vomit and worse out of our entryway (at least twice a week). These are secondary impacts from other businesses. Impacts the City is tasked with preventing, but since the rates of crime in the downtown far exceed those in any other part of the City (by as much 300 or 400%) the City isn't. My family's business has been in the downtown for over 27 years. We have long born the brunt of the City's failure to prevent secondary impacts and it has hurt us badly. Our continued existence is probably two parts stubbornness (it would have probably been wiser to move, but we detest malls) Before you talk to me about having a stake in the downtown, I want to see the City proving it has a real stake. I want to see getting serious about noise, rowdy behavior, verbal abuse, public intoxication at least before 8 pm. That includes Saturdays in September and October. Ticket people for littering. I often see police observing people littering and do nothing. All of that says to me the City doesn't care. When the City shows it has a stake in the downtown then you can ask me to step up. Frankly compared 3/19/2009 Page 2 of 2 to the above problems trash and the general unsightliness of the downtown has little impact. It is the perception, not always incorrect if you look at statistics, that the downtown is unsafe that does the most damage. If the City actually takes some steps to curb that I'll be more than happy to sign up for a keep the downtown clean. Right now, I'm afraid, I'm at limit for cleaning up other people's messes. Matthew Matthew Theobald Manager/Part Owner The Soap Opera 119 E. College Street Iowa City, IA 52240 354-1123 3/19/2009 IP5 ~ ~ ~~..~ Iowa City Public Libra '`~~ ~~~ ' ~ ~~ ~~ ~' __ ~-. To: City Council 1O~~-f' ` C'.` ~~ IQ~` From: Michael Lombardo, Susan Craig, Rick Fosse Date: March 16, 2009 Re: ICMA Public Library Innovation Grant Award Efforts by Iowa City residents to improve the community's environmental sustainability will soon be supported by a generous grant. Iowa City and the Iowa City Public Library have been awarded a $57,634 Public Library Innovation Grant by ICMA, the International City/County Management Association. Iowa City Public Library is one of only nine recipients nationwide to receive the ICMA Public Library Innovation Grant. More than 500 applications were submitted. The grant will enable the Iowa City Public Library to partner with the Iowa City Public Works Department/Landfill Division and many other community organizations to implement "GREEN (Garden, Recycle, Energy, Ecology, NOW) Iowa City." Launching in April 2009, GREEN Iowa City will be a year- long series of programs, workshops and other hands-on activities intended to encourage Iowa Citians to increase their awareness, knowledge and participation in energy conservation practices. Other topics will include urban storm water management, urban composting and smart waste disposal. Financial assistance will be available to help residents purchase materials and equipment for creating rain gardens and weatherproofing their homes and businesses. ICMA Public Library Innovation Grants are designed to assist local governments in developing new and creative ways to strategically use their public libraries to meet community needs. Recognizing the importance of the city manager/librarian relationship to create and sustain positive change for communities, the Innovation Grant will be anchored by a partnership between Iowa City's City Manager and the Iowa City Public Library. The mission of ICMA is to create excellence in local governance by developing and advancing professional management of local government. The management decisions made by ICMA's 9,000 members affect 185 million individuals living in thousands of communities, from small villages and towns to large metropolitan areas. remaining flood repair/mitigation needs ~ ~~ Marian Karr From: Regenia Bailey [bailey@avalon.net] Sent: Tuesday, March 17, 2009 8:00 AM To: Marian Karr Subject: FW: remaining flood repair/mitigation needs From: Leshtz, David [mailto:David.Leshtz@mail.house.gov] Sent: Thursday, March 12, 2009 3:54 PM To: ccedco@iowatelecom.net; Kelly Hayworth; Regenia Bailey; Rod Sullivan Cc: jfausett@ci.coralville.ia.us; elhabel@ci.coralvil-e.ia.us; Michael-Lombardo@iowa-city.org; rick-fosse@iowa- city.org Subject: remaining flood repair/mitigation needs Friends, Congressman Loebsack is going to testify before the House Budget Committee next Wednesday (3/18) on the FY10 Budget and the need for additional flood relief. With his testimony, he would like to have letters from areas that still have flood relief needs. He can submit your letters for the record and discuss them during the testimony. Our DC staff suggest that It would be best if signed by the Mayor, another senior city official, or the Chair of the County Board of Supervisors. DC suggests that the letters 1) give a brief background of the amount/magnitude of damage in the community; 2) explain the ongoing need for assistance and how much has already been received; 3) explain what type/how much assistance is still needed. Exact dollar figures aren't necessary. If you want to comment on the congressman's role in helping you with flood relief or mitigation, you are welcome to do that, but that is up to you. We will need this input by Tuesday morning at the latest -our apologies for the short turnaround. If possible, please send your input to me and tyler.wilson@mail.house.gov. Thankyou- David Leshtz District Representative Congressman Dave Loebsack 125 S. Dubuque St., Plaza Center One Iowa City, Iowa 52240 319-351-0789 3/17/2009 ~.®~~, ,~~,~~ O D CIS T O IOWA CITY www.icgov.org March 16, 2009 EMAILED: tyler.wilson(a~mail.house.gov; David.Leshtz(a~mail.house.gov CITY COUNCIL Dear Congressman Loebsack: Magonia sailey Thank you for your continuing advocacy on behalf of Iowa cities affected by natural disasters in spring 2008. Recovery continues, but is going very slowly. Mike O'Donnell Mayor Pro Te"' Although we continue to assess the damage in Iowa City-to residences, to Connie cnampion businesses, to public infrastructure-at this time, we are estimating damage amount Amy Correia at over $39 million. Of course, this is in addition to The University of Iowa's $750 Matt Hayek million in damages. Ross Wilburn Mike Wright AS y0U know, Iowa City has received $1.5 million in State Jumpstart funds for residents and $1.3 million in State Jumpstart funds for businesses. Our community has received $2.2 million in Federal Jumpstart funds. Iowa City has filed an $11.5 million application for the Hazard Mitigation Grant Program (HMGP). We expect to hear about this funding in the next few months. Despite these funds, we continue to talk to citizens who are falling through the cracks. Thirty-five (35) residents need down payment or mortgage assistance. They have not been eligible for other sources of funds because they do not meet the income eligibility guidelines. To address this particular issue, our community needs funds that do not have income restrictions. Additionally, Iowa City must address its critical infrastructure needs to minimize the impact of any future flood events. We have spoken to you and your staff about two critical projects: the elevation of Dubuque Street and replacement of Park Road Bridge, and relocation of Iowa City's North Wastewater Treatment Plant. Elevation of Dubuque Street and Replacement of Park Road Bridge (cost: $21-$32 million) • Dubuque Street is the primary entrance to Iowa City from Interstate 80 and northern Johnson County with an average daily vehicle count of 25,500. • Dubuque Street and Park Road Bridge were closed for over 30 days during the 2008 flood. • Park Road Bridge is one of only five arterial street crossings of the Iowa River in Iowa City. • The University of Iowa's Mayflower Residence Hall, which is the home to 1,000 students, is on Dubuque Street. • Dubuque Street floods and must be closed when water release from the Coralville Reservoir reaches 10,000 cfs. Elevation of Dubuque Street would °ouncil@.owa-city.org alleviate this operational constraint on the Army Corps of Engineers' management of the reservoir. 4lo E. wasningt°~, screec In flood events, Park Road Bridge acts as a dam and increases the water levels Iowa City, IA 52240 In upstream. Phone: (319) 356-5010 Fax: (319) 356-5009 March 16, 2009 Page 2 Relocation of the North Wastewater Treatment Plant (cost: $63 million) • The North Plant is one of two sewage treatment plants serving Iowa City. It treats effluent from the Iowa City's hospitals and The University of Iowa's research facilities. • This treatment plant was inundated in the 2008 flood and during that time, only minimal sewage treatment was possible. These projects are our priority for the May 5 vote on a local option sales tax. However, even if the sales tax passes, we estimate that, with the four-year sunset, it will only provide revenue of $36 million. Clearly, Iowa City needs additional funding sources to address these infrastructure needs, as well as the on-going needs of our flood-affected residents. Again, we appreciate your continued advocacy on behalf of our community. I'd be happy to answer any questions that you have about these projects or Iowa City's flood recovery efforts. regards, _ ~ 1 ~~ R~enia D. Bailey Mayor ~r_,_--'r,®~r C[TY OF IOINR CITY 1P7 ,~®,~-~ ~ E ~ D RA N D [~ ~ Date: March 19, 2009 To: City Council From: Rick Fosse, Director of Public Works Jeff Davidson, Director of Planning and Community Development Re: Update: Flood-related activities Engineering and Public Works Administration • Preparing application to the EDA for funding for the Dubuque Street /Park Road and Wastewater projects. Project development for the Federal Highway Permanent Repair Project. • Met with FEMA to discuss the remaining project worksheets to be written. • Waiting to receive FEMA's decision in regards to the Animal Shelter. • Received authorization from the Iowa DNR for construction of the Iowa Avenue Sewer Crossing replacement. • Project planning for demolition of the homes acquired with the HMGP buyout funds. • Review of various flood related projects. Water Division • Replacing meters in flooded areas (Idyllwild & Parkview Terrace) as residents move in... (this is really accelerating with the nice weather). • Working with Engineering for design and schedule on the 12" river crossing repairs (Old Plant and Hwy 6) • Will meet with Deb Mansfield on Thursday to review FEMA PW's. Met with HRG on 2/24/09 to review Hazard Mitigation project...we expect a draft report on Friday 3/20/09. • Attended the U. of I. Flood Symposium last week. Wastewater Division Plant Maintenance Crew work this week: • North Plant, Humus pumping station replacement of controls, electrical, heater, exhaust fan - complete • North Plant Sludge Pump basement, #1 sludge transfer pump repaired, installed and operationally tested -complete Additional items to complete: • Complete duct and heat exchanger clean up • Remove old Admin Bldg. boiler • Relocate River Street Storm water Station controls -higher elevation • Convert West Park Lift station to submersible pump system • Replace Iowa Ave. Siphon system Planning and Community Development • Staff is working with 60 households to provide Jumpstart State #1 #2 and CDBG funding for housing repair/rehabilitation, downpayment assistance and interim mortgage assistance. • Of the remaining applicants whose income is 150% of median or less, 19 households remain eligible to receive funding. There are 35 households over 150% of median and staff hopes to find additional funding sources for those households. • Nasseem attended the case management subcommittee meeting last week; volunteer efforts and fundraising were discussed. • David Purdy and Sue Dulek continue to work on the HMGP administrative plan. March 19, 2009 Page 2 • David is also developing grants for the Community Disaster application and getting updated information about the other possible funding options, which are outlined in this week's Council memo from Jeff Davidson. The Community Foundation mortgage and rental assistance is complete. 24 families were assisted with slightly over $57,000. • The CDBG funded Single-Family New Construction Unit Production program was unveiled this week. Staff is working with builders, developers and lenders to develop 15-17 new homes that will be available to persons making less than the median income. The CDBG funds will be used as downpayment assistance. More information can be found at www.icaov.ora/newhomes . IP8 ~~ m e m o r~~ Date: March 18, 2009 To: Iowa City City Council From: John Yapp, Transportation Planner 7•'~`~~/ Re: FY10 JCCOG Transportation Planning Work Program item regarding traffic issues in the Dubuque Street corridor between Church Street and Jefferson Street As part of the FY10 JCCOG Transportation Planning Work Program, the City Council requested an evaluation of traffic issues in the vicinity of the Dubuque Street/Church Street intersection and the Dubuque Street/Jefferson Street intersection. This request was made during the time the Dubuque Street/Church Street intersection reconstruction project was being considered. The conclusions we reached in our evaluation are on the last page of the attached memorandum; two strategies we recommend implementing are summarized below: Jefferson Street/Dubuque Street Intersection traffic signal: We evaluated several scenarios for implementing a left turn phase for the southbound (SB) to eastbound (EB) movement. We recommend aprotected/permitted SB to EB phase: this means the left-turn movement is protected and has exclusive right-of-way for a short period of time followed by a permissive phase where vehicles may still turn left but must yield to oncoming traffic. This phasing scheme can be implemented with minimal disruption to the other legs of the intersection and to the pedestrian phases. To implement aprotected/permitted left turn phase, we will borrow time partially from the eastbound and the NB/SB phases. We can do this while maintaining an acceptable overall intersection functionality, and we can also maintain the progressive/coordinated traffic signal system for the Jefferson Street corridor. Way-Finding Signs: One of the concepts discussed for the Dubuque Street corridor is a more robust way-finding sign system for visitors. The University of Iowa is in the process of developing a theme for way-finding signs for the entire campus; this effort has been delayed due to the 2008 flood event. Staff has been part of the UI committee coordinating this effort and recommends that we continue to be for the purpose of identifying specific way-finding information for visitors to non-University facilities in the area. The attached memorandum is a more complete summary of our evaluation. Staff will be available at your March 23 work session to address any questions. Attachment cc: Michael Lombardo Dale Helling Jeff Davidson Rick Fosse Ron Knoche John Sobaski Guy Irvin jccog adm/mem/ya pp3-6-09. doc r r~~ Date: March 6, 2009 To: Iowa City City Council JCCOG m e m o From: John Yapp, JCCOG Transportation Planner ~ ~ l "w"-" Kent Ralston, JCCOG Assistant Transportation Planner (¢~-~ Re: FY10 JCCOG Transportation Planning Work Program item regarding traffic issues at Church Street /Dubuque Street intersection The FY10 JCCOG Transportation Planning Work Program includes a project to evaluate traffic issues in the vicinity of the Church Street /Dubuque Street intersection. This request was forwarded during discussion of the Dubuque Street /Church Street intersection reconstruction project, when Council determined not to implement left turn lanes on Dubuque Street at Church Street. Questions raised during a neighborhood meeting on the project have also been incorporated into the evaluation. This memorandum summarizes our recommendations and actions; we will be available during your March 23, 2009 meeting to address any questions. Study Area The study area is the Dubuque Street corridor (Church Street to Jefferson Street) and the Church Street corridor (Dubuque Street to Dodge Street). The Dubuque Street corridor transitions from medium and high-density multi-family residential on the north end, to religious institution, commercial and University uses on the south end. The majority of the Church Street corridor is a Neighborhood Stabilization Residential zone; the east end of the Church Street corridor is home to Horace Mann Elementary and several commercial uses. (Iowa llU'f) Dubuque Street is the primary north entranceway to the Iowa City Central Business District and University of Iowa main campus. Dubuque Street has four travel lanes (two northbound and two southbound). Dubuque Street is a heavily used roadway in Iowa City with Average Daily Traffic (ADT) exceeding 25,000 near the University of Iowa Mayflower Dormitory, 19,300 north of Church Street, and 14,800 south of Church Street (Iowa DOT, 2006). Church Street is the first east/west arterial street south of Interstate 80. Church Street is 31' wide and is marked for one eastbound and one westbound lane; on-street parking is permitted on the south side of Church Street. Church Street serves as a link between the two north entranceways into Iowa City, Dubuque Street and North Dodge Street (HWY 1). Evaluation of the Jefferson Street /Dubuque Street Intersection In effort to make Jefferson Street a more attractive eastbound route, we evaluated several scenarios for modifying the traffic signal at the Dubuque Street /Jefferson Street intersection. In traffic engineering parlance, vehicular movements through an intersection are expressed as Level of Service (LOS), graded on a scale from A - F. Free movement through an intersection has very good Level of Service (LOS A), while a congested intersection with a lot of delay has poor Level of Service (LOS F). The current intersection functions well, exceptfor the southbound (SB) to eastbound (EB) left turn movement, which has a poor Level of Service (LOS E) during the PM peak (see Table 1). The other movements at this intersection operate at a LOS B. It is typical for left turn movements to operate at a lower Level of Service than the other movements at an intersection, as left turn movements conflict with oncoming traffic. One limiting factor at the Jefferson / Dubuque intersection is that the traffic signal is part of a progressive coordinated signal system, and it is important to maintain the consistent 25 MPH signal progression on Jefferson Street. This means that the overall traffic signal cycle and eastbound green phase should not be changed. TABLE 1 Capacity Analysis -Current Signal Phasing Average Delay per Vehicle (seconds) and Level of Service (65 sec Cycle Length) AM Peak PM Peak Movement Delay LOS Delay LOS Eastbound LTlTHRU/RT 11 B 16 B Northbound THRU/RT 12 B 15 B Southbound LT 21 C 57 E Southbound THRU 14 B 14 B Shive-Hattery, Inc. TABLE 2 Capacity Analysis -Protected SB Left Turn Signal Phasing Average Delay per Vehicle (seconds) and Level of Service (65 sec Cycle Length w/longer N/S phase splits) We determined that a full protected left turn for the SB to EB traffic movement could improve the Level of Service for this left turn movement from LOS E to D during the PM peak, but it would decrease Level of Service for the other movements (see Table 2). Because the time for the SB to EB left turn movement would be taken from the other phases of the signal cycle, the EB movement would degrade to a LOS D, and the NB movement would degrade to a LOS C. The pedestrian phases for these movements would need to decrease by 10 seconds to accommodate the full protected left turn phase. Protected /Permitted Left Turn Phase: We evaluated several scenarios for implementing a protected /permitted left turn phase, which is a phase with a protected left turn for a period of time to allow a limited number of vehicles to turn left followed by a permissive phase, where vehicles may still turn left but must yield to any oncoming traffic. A protected /permitted left turn phase for the SB to EB movement which borrows time partially from both the EB and NB/SB phases can AM Peak PM Peak Movement Delay LOS Delay LOS Eastbound LT/THRU/RT 18 g 43 p Northbound THRU/RT 20 B 33 C Southbound LT 33 C 40 D Southbound THRU g A g A Shive-Hattery, Inc. TABLE 3 Capacity Analysis -Protected Permitted SB Left Turn Signal Phasing Average Delay per Vehicle (seconds) and Level of Service (65 sec Cycle Length w/longer N/S phase splits) AM Peak PM Peak Movement Delay LOS Delay LOS Eastbound LTlTHRU/RT 14 B 23 C Northbound THRU/RT 16 B 22 C Southbound LT 25 C 35 C Southbound THRU 11 B 11 B Shive-Hattery, Inc. improve the LOS from an E to a C for the PM peak, while maintaining the other movements of the intersections at a LOS C. Pedestrian movements would lose approximately 5 seconds of time, but would still be within specifications. Recommendation: Staff recommends implementing aprotected /permitted left turn phase for SB to EB movements at the Dubuque Street /Jefferson Street intersection to facilitate left turn movements onto Jefferson Street. This will increase the LOS for SB to EB left turn movements. We are comfortable making this recommendation since there are typically no additional vehicles or pedestrians waiting at the end of a green phase for the EB and NB legs of the intersection. Lane Assignment Signs Lane assignments signs are signs which cue motorists to position themselves in the appropriate lane of traffic for a downstream vehicular movement. We found that one of the more common collision types in the study area were side-swipe collisions on the one-way streets (Jefferson and Market Streets) where one vehicle, while changing lanes, crashes into the side of an adjacent vehicle traveling in the same direction. This type of collision is typically the result of inattentive motorists quickly changing lanes to position themselves for an upcoming turning movement due to not realizing which lane they are supposed to be in. We have implemented lane assignment guide signs on Market Street and Jefferson Street to mitigate against this type of collision. Wayfinding Signs One of the concepts discussed at the neighborhood meeting was wayfinding signs to direct visitors to their destinations. Wayfinding signs direct visitors to use certain routes. For example, visitors to the Iowa Memorial Union entering Iowa City on Dubuque Street would be directed by wayfinding signs. Typically, wayfinding signs are used for destinations likely to be visited by out-of-town visitors; local residents will continue to choose routes they find most convenient. The University of Iowa is in the process of developing a theme for wayfinding signs for the entire campus; this effort has been delayed due to the 2008 flood event. Staff is part of the UI committee coordinated the wayfinding sign effort. Evaluation of the Dubuque Street /Church Street Intersection Two ideas we were asked to explore were aleft-turn prohibition for vehicles turning from Dubuque Street to Church Street and an all-red phase for the Dubuque Street /Church Street intersection. We do not recommend implementing either of these types of traffic control due to the impacts they would cause. Prohibiting traffic from turning left from Dubuque Street to Church Street would divert traffic away from Church Street to other parallel E-W streets not intended to carry higher volumes of traffic; much of this traffic would still navigate back to Church Street via the grid street network. The left-turn prohibition would also be difficult to enforce, thereby limiting its effectiveness. An all-red phase at this intersection would seem to benefit pedestrians, but it would increase overall delay for both pedestrians and vehicles due to the additional time added to the overall signal cycle. The additional delay in the overall cycle typically causes an increase in jaywalking by pedestrians. Exclusive pedestrian phases at signalized intersections are recommended where pedestrians have a difficult time crossing the street due to very high volumes of vehicular turning movements; this is not the case at Church Street /Dubuque Street. Similar to left-turn prohibitions, all-red pedestrian phases also contribute to cut-through traffic on parallel streets. Countdown pedestrian signals were implemented with the recent Dubuque Street /Church Street project; these have helped by giving pedestrians more current information on crossing times. Traffic Calming An idea brought forward by neighborhood residents was implementing traffic calming on Church Street as a means of reducing the speed of traffic. The City has a policy against traffic calming on arterial streets for several good reasons. Arterial streets function as primary emergency response routes, public transit routes, and serve higher volumes of traffic. Discouraging traffic to use arterial streets pushes traffic volumes to parallel corridors which are typically designed to carry lower volumes of traffic and in terms of traffic control, width, pavement, signals and signs. Staff does not recommend changing this policy. Brick Paving At the neighborhood meeting on the Church Street /Dubuque Street project, some Church Street residents requested that Church Street be turned back into a brick street. This would be a City Council budgetary decision. There are pros and cons to brick streets; they can induce motorists to slow down, however they also cause more vibration and traffic noise, particularly as the brick street ages. Conclusion Unless a majority of Council disagrees: 1. Staff will implement aprotected/permitted left turn phase for the south-bound to east-bound vehicular movement at the Jefferson Street /Dubuque Street intersection. It is hoped that this action may divert east-bound vehicles from Church Street to Jefferson Street. 2. Staff will continue to work with the University of Iowa on a comprehensive wayfinding sign system for visitors to the area. This effort has been put on hold given flood-related priorities, but is expected to start up again later this year. 3. The City will not pursue an all-red phase or left turn prohibition at the Church Street /Dubuque Street intersection. 4. The City will not pursue traffic calming efforts on Church Street. Jccogadmin/mem/fylOWorkPro-Dubuque-Church.doc 4 ~~~.®~' i • w~®~~~ CITY OF IOWA CITY www. icgov.org OFFICE OF THE CITY MANAGER Michael A. Lombardo City Manager michacl-lombardo@iowa-city.org llale E. Helling Assistant City Manager dale-helling@iowa-ciry.org Kathryn L. Johansen Administrative Assistant to the City Manager kathryn-Johansen cr iowa-city.org IP9 DATE SAMPLE NAME ADDRESS CITY, STATE, ZIP Dear This letter is to inform you the Iowa City City Council has approved your request for Fiscal Year 2010 for community event and program funding in the amount of $ .Your check will be released on July 3, 2009. Attached to this letter you will find a Final Report Form for Community Event and Program Funding. Please complete this form no more than 30 days after the conclusion of your event and forward it to the City Manager's office. If you have any questions, please feel free to contact Kathi Johansen in my office at 356-5010. Sincerely yours, Dale E. Helling Assistant City Manager cc. City Council Similar letters sent to: Bike to Work Week Evert Conner Center - ADA Celebration Ralston Creek Fair & Flea Market-Extend the Dream Foundation Johnson County Local Food Alliance-Field to Family Iowa City Community String Orchestra Johnson County Historical Society-Irving Weber Days Landlocked Film Festival Mission Creek Festival Riverside Theatre Shakespeare Festival Summer of the Arts 410 E. Washington Street Iowa City, IA 52240 Phone: (319) 356-5010 ~ r , - ~..®ar FINAL REPORT FOR COMMUNITY EVENT AND PROGRAM FUNDING ~~~"'~~~,°r~~~ FY2010 (July 1, 2009 -June 30, 2010) CI of IOWA CITY **PLEASE TYPE OR PRINT CLEARLY IN BLACK INK** Name of event/program: Date(s) of eventlprogram: Funding received from the City for this event/program: $ Location of eventlprogram: Name of organization: Contact person: Day Phone: Mailing address: street City zip Estimated number of attendees: Describe the eventlprogram and all activities that occurred: How did this program/event benefit the Iowa City area? Major Expenses Description Amount Total Budget for Event/Program $ Revenue Sources Description* Amount City Funding $ Total Funding for Program $ *List public and private organizations, sale of items, etc. Signature: Title: Date: This application must be filled out completely. If more space is necessary an additional page may be submitted. Please submit this form to the City Manager's office within 30 days upon conclusion of your event/program. Michael Lombardo, City Manager City Hall 410 E. Washington Street Iowa City, IA 52240 Please call the City Manager's Office at 356-5010 if you have questions. _~ r ~ ~~,:.® ~ ~! ~m~~ ~ • wlr®~~~ CITY OF IOWA CITY www.icgov.org OFFICE OF THE CITY MANAGER Michael A. Lombardo City Manager michacl-lombardori~),iowa-city org Uale E. Nelling Assistant City Manager dale-helling(uiowa-city org Kathryn L. Johansen Administrative Assistant to the City Manager kathryn-Johansen@iowa-city.org 410 E. Washington Street Iowa City, IA 52240 Date NAME ADDRESS CITY, STATE, ZIP Dear SAMPLE This letter is to inform you your request for Fiscal Year community event and program funding was not granted. As you know, the City Council receives numerous requests each year for this funding and unfortunately not all applications can be approved. Thank you for applying. If you have any questions, please contact Kathi Johansen in my office at 356-5010. Sincerely yours, Dale E. Helling Assistant City Manager cc: City Council Similar letters sent to: Corridor Free Wireless Downtown Association -Taste of Iowa City Johnson County Local Food Alliance (Summit) New Life & Destiny C.F.I. Ministries -Back 2 School Picnic New Life & Destiny C.F.I. Ministries -Feed the Needy Hawkeye Area Council, Boy Scouts of America -Day Camp Phone: (319) 356-5010 DRAFT POLICE CITIZENS REVIEW BOARD - - MINUTES -March 10, 2009 ~P10 CALL TO ORDER: Chair Michael Larson called the meeting to order at 5:33 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, Officer David Schwindt, and Officer Mike Smithey (late arrival) of the ICPD; public, Caroline Dieterle; and Uofl Journalism Students, Tim Hau, Ashley Kating, and Erin Phillips RECOMMENDATIONS TO COUNCIL (1) Accept PCRB Report on Complaint #08-09 CONSENT CALENDAR Motion by King and seconded by Braverman to adopt the consent calendar as presented or amended. • Minutes of the meeting on 02/10/09 • ICPD General Order 07-01 (Patrol Rifle) • ICPD Department Memo #09-08 (December 2008 Use of Force Review) Motion carried, 5/0. King pointed out that for General Order 07-01 (Patrol Rifle),- section V. Procedures, number 2, letter (c) should have an "or" at the end since it carries over to letter (d). It was also noted that (b), (c), and (d) should also refer back to the suspect mentioned in (a). OLD BUSINESS Complaint Form Update regarding Officer Bill of Rights -Pugh reported to the Board that she had drafted some language referring to the Officer Bill of Rights for the PCRB Complaint form. There was discussion which amended the last sentence of the second paragraph which changed "may apply" to "applies". There was also discussion regarding the signature having to be notarized. The Board agreed that the current language on the form regarding the statements on the complaint to be true to the best of their knowledge was sufficient and did not want the complainant's signature to have to be notarized. (Wyss and Schwindt exited for emergency 5:42pm-5:48pm) Complaint Registry/Monitoring System -Larson reported that he had spoken with the Police Chief regarding his concerns and also to the City Manager. In reviewing City Code Chapter 8 the following sections made some type of reference to either a reporting or monitoring system, or a central registry: 8-8-2(B), 8-8-2(D)(1), 8-8-2(N), and 8-8-7(C)(1). Larson pointed out that he could not find a reference to tracking sustained allegations/complaints. The Board discussed citizen interest during the public forum in having the PCRB tracking officers with multiple sustained complaints, ways to increase the information on the annual report that goes to the City Council, the incomplete information if the Board were to compile a sustained allegation report which would not include complaints directly to the Police Department and the usefulness of an incomplete report. PCRB March 10, 2009 Page 2 Motion by Yoder, seconded by King not to keep a complaint registry/monitoring system for sustained complaints naming police officers or any other way identifying them. Motion carried, 3/1, Braverman voting no, Larson abstaining. Changes to the Standard Operating Guidelines -Tuttle had drafted the proposed changes to the Standard Operating Guidelines, Section V (Identification of Officers), letter A. The changes removed the unique officer identifier and changed it to an alpha identifier which would be used over and over again to guard against officer identification. Braverman proposed, in light of the Board's decision to discontinue the proposed sustained allegation report, a change in the SOP's was not necessary. The Board would continue their reporting as before and the Police Department would continue with the use of a unique identifier. It was suggested that if PD wanted to change the unique identifier that it should do so, but still be able to track it back to the original one. Motion by Braverman, seconded by Yoder not to change the Standard Operating Procedures. Motion carried, 4/1, Roth voting no. NEW BUSINESS None. PUBLIC DISCUSSION None. BOARD INFORMATION None. STAFF INFORMATION None. EXECUTIVE SESSION Motion by King and seconded by Braverman 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 March 10, 2009 Page 3 Open session adjourned at 7:04 P.M. REGULAR SESSION Returned to open session at 7:35 P.M. Motion by King, seconded by Braverman to forward the Public Report as amended for PCRB Complaint #08-09 to City Council. Motion carried, 5/0. Motion by King, seconded by Roth to cancel the April meeting due to lack of Board business. Motion carried, 5/0. Motion by King, seconded by Roth to reschedule the May 12th meeting to May 26th due to timelines and scheduling. Motion carried, 5/0. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • April 14, 2009, 5:30 PM, Lobby Conference. Rm (CANCELLED) • May 12, 2009, 5:30 PM, Lobby Conference Rm (Rescheduled to May 26) • May 26, 2009, 5:30 PM, Lobby Conference Rm • June 9, 2009, 5:30 PM, Lobby Conference Rm • July 14, 2009, 5:30 PM, Lobby Conference Rm ADJOURNMENT Motion for adjournment by Braverman and seconded by Yoder. Motion carried, 5/0. Meeting adjourned at 7:41 P. M. O W W V1 W U W U a 0 a O U ,- W ~ a~ A WN bl Z ~ ~ A ~ ~ W `~ H Ei 0 M ~ ~ ~ ~ ~ O N ~ ~i x w ~ ~ .-+ ~ ~ N w i~A ° ~ A _ ~a .~ .~ ~ C7 ~. ~~ '~ y }~ v~ y "^~ ~ ~ ~ W ~ ~~1 ~ ~+ ~ ~ G~ y y ~ tai ~ ~ y ~ ~ w~~zz u u u u u ~coOZ POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City, IA 52240-1826 (319) 356-5041 March 10, 2009 ~.., ~~ To: City Council ~ s - .:! Complainant ~; -~~;~ ~ T ;,,~ Michael Lombardo, City Manager ~ .~; .4 ; w ra Sam Hargadine, Chief of Police =`rr , ~, Officer(s) involved in complaint ' ~ ~ _, - , r ~ C~ From: Police Citizen's Review Board ~ v Re: Investigation of PCRB Complaint #08-09 This is the Report of the Police Citizens Review Board's (the "Board") review of the investigation of Complaint PCRB #08-09 (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 fmdings 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 October 10, 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 January 8, 2009, and was filed with the City Clerk on January O5, 2009. The Board met to consider the Chiefs Report on February 10, 2009 and March 10, 2009. 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." _ ., a r~, _°' '.', hJ ~ ..: ~ ~(1 ~` ALLEGATIONS ~ ~'` ~? D ~v This complaint arises out of an incident that occurred on July 12, 2008, in conjunction with an intoxicated minor female. The Complainant was arrested at the scene for Interference with Official Acts. Complainant alleged that: 1. Complainant had to yell at Officer A to get him to assist in holding the girl. 2. The officers did not get a blanket to cover the half-naked girl in spite of Complainant's repeated request for one. 3. Neither Officer A nor Officer B assessed the situation, asked any questions about what was going on or used a flashlight to be able to see what was going on. 4. The officers prevented critical care of the girl by putting her flat on her back, handcuffing her and arresting the Complainant. 5. The officers used excessive force by handcuffing the girl and treating her roughly. 6. The officers used excessive force by yanking the' Complainant's left arm and pointing a Taser at his face. 7. Officer A lied in his ICPD report in saying the Complainant was antagonistic towards the Officers, that Complainant was trying to start a fight or balling his fists, and that Complainant called Officer A a sorry son-of-a-bitch. 8. Officer A used bad judgment in moving the patrol car out into the roadway while his Complainant's wife was standing near the open door. . FINDINGS OF FACT On July 12, 2008, at approximately 11:52 p.m., Iowa City police officers were dispatched to the scene of the incident in regard to four people carrying an intoxicated female. Several officers responded including Officer A, Officer B, and Officer C. Upon arrival Officer C observed a young female located on a hill in the front yard of a house. The female was naked from the waist down. At this time there was an older male kneeling next to the girl and bending over her. The female was yelling and screaming. The male kneeling by the female told Officer C that he was a doctor and was later identified as the Complainant. Officer C approached the hysterical female and the Complainant. The Complainant was trying to hold the female on the ground. Officer C was advised that several other persons were with the female. Officers A and B then arrived and were advised by Officer C to attend to the female. Officer C then spoke with two females that were with the female. ~ They indicated that several males had carried the female to her current location. They also indicated their friend was drunk and out of control. They advised Officer C that the female had crawled out of a car window and had removed her skirt on her own. Officer C then took the other females to locate the house were the party was. 2 _ ~~a Q /'~ ^k aml~ 64 ` w F_ . r i . ~~y.. O %\ 4./ Officer A and the Complainant attempted to control the female. Officer A and the Complainant conflicted over their individual concerns for the female's welfare and personal safety of the officers. The Complainant wanted the female held on her side in case she vomited and wanted a blanket to cover her. As Officer B was assessing the situation, the female attempted to bite his arm. Officer B brought out handcuffs to control the female. The Complainant told Officer B not to handcuff the female. Officer B attempted to handcuff the female and the Complainant tried to get between Officer B and the female to prevent the handcuffing. Officer A, Officer B, and the Complainant were in close physical proximity to each other. Officer B picked up the female and carried her to the sidewalk where she was handcuffed. The Complainant had made physical contact with Officer A and Officer A pushed the Complainant away from him. Officer C had heard the conflict as the Complainant yelled demands on how he wanted the female cared for and Officer A commanded the Complainant to not interfere Officer C, who had come back to the location of Officers A, B, and the Complainant, stepped in to help prevent the Complainant from interfering. The Complainant told Officer C he was a doctor and Officer C advised him that an ambulance had been called. The Complainant called Officer C a "fucking idiot" and questions "are you a fucking idiot?" Officer C asked Officer A if Officer A wanted the Complainant arrested and Officer A replies in the affirmative. Officer C told the Complainant he was under arrest. Officer C attempted to take physical custody of the Complainant and told him to put his hands behind his back. The Complainant ignored several commands to put his hands behind his back. He physically resisted the arrest which caused Officer C to request assistance from Officer A. Officer A assisted Officer C and this left Officer B alone with the hysterical female. Due to the physical resistance by the Complainant, Officer C decided to disengage physically from him and deploy a Taser. Officer C again repeatedly requested the Complainant to place his hands behind his back. The Complainant told the officers he had a bad shoulder and he did not want to get injured. Officer C told him not to resist. The Complainant was then handcuffed and taken to a squad car by Officer A. After the female had been moved to the sidewalk and had been handcuffed, she settled down and was covered by a blanket provided by a neighbor. Officer D and the ambulance arrived on scene simultaneously. The paramedics requested Officer B go to the hospital with them and to keep the female handcuffed. At the hospital the female attempted to bite Officer B and the emergency room staff requested she remain handcuffed. One of the emergency room doctors ordered sedation of the female so she could be treated. 3 _ ..,~, C) 'ate ~n ~ , ~:. ~ ::- ~~ ~~ ~,~ r`' ~~~ ~. fl Q ~ c y> N After the Complainant was handcuffed and placed in the back of Officer A's squad car, Offi~~r E took the Complainants' spouse, to the back door of the squad car. She was allowed to talk with the Complainant through the open back door. Officer A did not know the back door was open and began to pull away. Officer C tapped on the left front hood to indicate Officer A should stop. Officer A stopped the car after traveling two or three feet. The door was then closed and Officer A transported the Complainant to jail. The Board reviewed the Police Chief s Report, which contained a transcript of audio from in-squad cameras; a number of statements from witnesses including the Complainants' spouse, and communications between the Johnson County Attorney and the Complainants' attorney. CONCLUSIONS Allegation #1: Complainant had to yell at Officer A to get him to assist in holding the girl. In car audio transcripts showed the Complainant requested assistance from Officer B, not Officer A. The request is made one time in a normal voice and Officer B assisted the Complainant upon request. NOT SUSTAINED Allegation #2 -The officers did not get a blanket to cover the half-naked girl in spite of the Complainant's repeated request for one. In car audio transcripts from two squad cars indicate the Complainant requested a blanket on one occasion and it is believed it was made to someone other than one of the officers. Given the volatile nature of the situation it was not possible to cover the female until both the female and the Complainant were under control. When the female was removed from where the Complainant was and was handcuffed, she settled down and was then covered. - NOT SUSTAINED Allegation #3 -Neither Officer A nor Officer B assessed the situation, asked any questions about what was going on or used a flashlight to be able to see what was going on. - The Complainant was the only individual who claimed lighting of the situation was required for an accurate assessment of the situation. A witness stated he thought a flashlight would not be needed. The Complainant stated he had a pen light from a neighbor. 4 _ ~~> ~i ~. ~ ~ C'i _ i° "`+' -- -~ .=a: "i C:.J Officer B had several communications with the female to assess her condition. Ba'~een Officer B's arrival and when the female first attempted to bite him was 2.5 minutes. The questions asked by Officer B were similar to that of the Complainants' and Officer B gave a complete overview of the situation to Officer A upon his arrival. NOT SUSTAINED Allegation #4 -The officers prevented critical care of the girl by putting her flat on her back, handcuffing her and arresting the Complainant. Due to the combative nature of the female, and subsequently the Complainant, the officers did not have a choice as to leaving the female on her side. Both officers at the scene are trained in dealing with intoxicated people and obstructed airways, and were both present with the female. The female was placed on her back in the ambulance and in the emergency room. She was also restrained both on the cot in the ambulance and on the gurney at the hospital by request of medical staff. This indicated that laying her on her back was not against medical procedure and did not prevent critical care as alleged by the Complainant. NOT SUSTAINED Allegation #5 -The officers used excessive force by handcuffmg the girl and treating her roughly. - Upon arrival the officers were presented with an unknown situation that required they act to ensure the safety of the female. - The Complainant requested the officers assist him in restraining the female. When the female attempted to bite Officer B it was decided- to handcuff the female to assist in restraining her and for the safety of the Complainant and the officers. - The female was not treated roughly in the handcuffing process and settled down when she was removed from the proximity of the Complainant and Officer A. Officer B was able to get her hands behind her back and handcuff her without more force. - NOT SUSTAINED Allegation #6 -The officers used excessive force by yanking the Complainant's left arm and pointing a Taser at his face. The Complainant was told he was under arrest and to put his hands behind his back several times. He refused and stiffened his arms and balled his fists. He later claimed he stiffened and did not cooperate because he did not want his shoulder injured. The Complainant stated the officers did not use force once he relaxed his arms. Officer C decided to deploy a Taser instead of physically struggle with the Complainant. This level of force was appropriate since the Complainant was physically combative and had aggressively closed on the officer earlier. When Officer C brought out the Taser, he again repeatedly requested the Complainant to put his hands behind his back and the Complainant eventually complied. NOT SUSTAINED Allegation #7 - Officer A lied in his ICPD report in saying the Complainant was antagomshc towards Officers, was trying to start a fight or balling his fists, and called Officer A "a sorry son-of-a-bitch." - In squad car audio transcripts indicate officers inform the Complainant that he cannot push officers and to unclench his fists. - Officer A's report states: "You can't push me you sorry son-of-a-bitch, I'm a doctor." This statement was not located on any squad car audio transcripts. The Complainant can be heard saying "You can't push a doctor for that matter." - It is believed that the words may have been said but should not have been in quotation marks. - NOT SUSTAINED Allegation #8 - Officer A used bad judgment in moving the patrol car out into the roadway while the Complainant's spouse was standing near the open door. - In squad car audio transcripts confirmed the car was moved by Officer A while the Complainant's spouse and Officer E were in the open back doorway area. - Officer C tapped on the hood to get Officer A's attention so the car would be stopped. - The movement of a car was in the control of the Officer operating the squad car and even though this movement may have been accidental and caused no physical injury, it is a safety issue that needs to be addressed by the Iowa City Police Department. - SUSTAINED BOARD CONIMENTS None r.,, p ~~ w ~,~ ¢_ ~~ `', ~ ~ ~~`~ 6