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HomeMy WebLinkAbout1997-02-25 Info PacketCITY OF IOW,4 CiTY CITY COUNCIL INFORMATION PACKET February 14, 1997 FEBRUARY 18 WORK SESSION ITEMS .I Agenda: Joint Meeting of University Student Senate and City Council of Iowa City [Handouts included in Council packets only] IP2 IP3 IP4 IP5 IP6 IP7 IP8 IP9 IP10 MISCELLANEOUS ITEMS Memorandum from City Manager: Pending Development Issues Memorandum from City Manager: Customer Service [Sample survey cards included in Council packets only] Memorandum from City Clerk: Meeting Schedule for February and March (Revision #5) survey Memorandum from City Clerk: 1996 Special Census --~ Memorandum from City Clerk: Joint Meeting with Board of Supervisors Memorandum from Economic Development Coordinator: Oral-B Laboratories CEBA Loan Memorandum from JCCOG Traffic Engineering Planner to City Manager: Maintenance of Street Lights January 1997 Building Permit Data · Presidents' Day Observance Schedule '71((o Memo from City Mgr. regarding Miscellaneous Police Information. -71r7 Press Release regarding Social Welfare Board to meet. -'/l~ Article from Chicago Tribune: "Officer kills artist, family demands justice." Agenda for the 2/20/97 meeting ~f the Board of Supervisors. Copy of letter from Johnson County Attorney to Assistant Attorney General regarding release of information in DCI report (Shaw case). Copy of letter from Jim Shaw regarding Shaw incident --~J~ Memo from City Clerk regarding Council Work Session of February 13, 1997.-7c~3 Recommendations regarding police procedure & policy (revised 2/19/97) for Police Dept. Information regarding overtime averages February 14, 1997 information packet page 2 Memo from Finance Dir. regarding revisions to Budget. CITY OF I0 WA CITY JOINT MEETING AGENDA UNIVERSITY STUDENT SENATE AND CITY COUNCIL OF IOWA CITY 7:00 PM, FEBRUARY 18, 1997 SECOND FLOOR BALLROOM, IOWA MEMORIAL UNION 6:30 p.m. 7:00-7:30 p.m. 7:30-8:30 p.m. 8:30-9:00 p.m. 9:00 Social (optional) Introduction Issues for discussion Parking Transit Bike Small group discussion Group ,Reports Wrap-up 410 EAST WASHINGTON STREET · IOWA CITY, IOWA $2240-1826 · (319) 356-5000 · FAX (319) 356-5009 7o7 ~J ING The Submitted by: University of Iowa University of Iowa Student Access and Mobility Parking is usually what students think of when they talk about getting to and around campus. Of course you may walk, bike, car pool, ride the Iowa City, Coraiville, or Cambus systems, and even take a motorcycle or cab, but if you live off campus, its likely that once in a while you will want to drive and park your car. According to Parking and Transportation employees, the three most commonly voiced comments or questions they hear from students about parking are as follows. · There is not enough parking · The parking is not close enough · Why can't I get a commuter permit? Although, these questions focus on the availability' of parking, the University, and in particular the Parking and Transportation Department looks at it a little differently. We are here to help provide access to the campus; to link you with its resources. We help provide this access to nearly 28,000 students, 13,000 staff and faculty and over 5,000 patients and visitors a day, not counting special and athletic events. To be sure, not everybody shows up at one time, but many do. To provide this access we operate a parking system, an intra-campus transit operation, a vanpool program, a carpool matching service, and support a growing community of bicyclists. Many in the University community also rely on the transit systems of Iowa City and Coralville and of course on the public parking provided by the City of Iowa City. Given the limited land resources, ahd the desire to develop and maintain a pedestrian campus, it is neither possible nor desirable to meet all the access needs of students, faculty, or staff through parking facilities. Still, today's parking system provides more than 12,000 spaces all over the campus. Campus Parking Inventory/Does not include Family Housing or Oakdale Cashiered 3,000 Reserved 4,56.0 Commuter 2,290 Storage 790 Metered 900 Total 1 1,5 4 0 Student Parking For students, there are two broad categories of parking demand on campus. Parking for students who live on campus and wish to store a car. Parking for students who live off campus and travel or commute to campus to attend classes and other. functions. Storage Storage parking for students living in residence halls is primarily offered at the Hawkeye Storage and Mayflower Lots. Currently there is no waiting list. Transportation to and from the lot is provided by offering trip-passes for day use on the Iowa City Transit System, and by Cambus at night and on some weekends. Storage parking is also available at Mayflower Residence Hall and the Family Housing units, but these facilities are not managed by the Parking and Transportation Dept. Commuting and Short Term Parking Weekday'auto access to the main campus for students who live off campus is provided in several different ways. ~ · Commuter permits in the Hancher and Finkbine Lots · Public & Student Cashiered Parking Facilities; Library Lot, North Campus Ramp, IMU Ramp, Fieldhouse Lot, Hospital and Dental Facilities · Public & Student Meters · Students with disabilities can also be assigned a permit to park in Faculty/Staff facilities Not all of these spaces in commuter, cashiered and metered facilities are available to students, and many of those that are, have been reserved for true out-of- town commuters, and for students who live in the metro area, but outside the campus zone. The campus zone is contained within a line drawn around the central portion of Iowa City containing the main campus and portions of the city as far east as Summit St. Those living within the zone are usually not eligible for a commuter permit, or an '%" permit. An "A" permit allows students access to student meters and the Library Lot during peak daytime hours. Instead, they qualify for a "J" permit which limits their weekday parking access. The objective is to provide parking to those students who are less likely to have access to alternatives like walking, biking , and the transit systems. Demand and Supply Even with these restrictions, demand for weekday student parking, much like that for Faculty/Staff and Visitor parking, often appears to exceed the supply. In particular, demand for close in, convenient, main-campus parking is always high during the fall and spring semesters. In general we believe that it is neither possible nor practical to meet all of that peak auto traffic demand. The primary reasons for this are safety, congestion, land use and money. · The University's goal of a pedestrian oriented campus is not entirely compatible with the introduction of increasing auto traffic into the center of a campus contiguous with the central business district and divided by arterial streets. · Land is at a premium. To add a 2,000 space, 5 level, ramp on the main campus today would require a site of at least one square block (400' x 400'). No such site is presently available near the heart of the campus. · Such a facility could cost well over $24 million and require an increase in annual revenues of $2.6 million, a full third of today's gross annual parking revenues from all sources. Parking structures now cost from $10,000 - $12,000/space to build. Financing, maintenance and operating costs can also become substantial. RecentResponses Instead, we have tried to steadily improve access for off-campus students in several ways. · Increased commuter space by allocating more Hancher and Finkbine lot assignments to students (600 assignments in 1987 - 1,050 assignments in 1997) · Support true commuters by increasing commuter assignments for students who live out of the Iowa City/Coralville metro area and have no alternative means of access to campus · Reserve a portion of meters and cashiered spaces for students who live outside the 'Campus Zone' ("A" versus "J" permits) · Replace as many spaces lost to new building construction, as possible · Offer a Rideshare Matching Service · Open up some student spaces on the Faculty/Staff Vanpool Program · Provide administrative and sales support to the Iowa City Transit Student Bus Pass Program ($16/mo. for students instead of $25) · Improve bicycle parking and support improved bike trails · . Open more public spaces in existing cashiered facilities like the North Campus Ramp, IMU Ramp, Library and Fieldhouse Lots Future Plans Th'e raw capacity of the parking system has grown from just under 8,000 spaces to over 12,000 in the last 10 years. During that time enrollment dropped. Three trends kept overall demand for parking high in spite of that drop: · Exceptional growth in UI Hospital & Clinic's services - both patient and staff parking grew · The community grew, with more people living further from central campus becoming more auto dependent - students and staff alike · Lives, and thus travel patterns became more complicated, leading to more auto trips, less pooling and less use of public transit. Note, more part-time students living out of town and employed, single parenting, older students, longer to graduate, more students with cars · Public transit services have been scaled back These trends continue today and we are looking for ways to accommodate these changes without paving over the campus. In the long term we would like to expand our commuter parking capacity by building a new remote facility, but a suitable site must be found and bus travel times to campus must be resolved. We continue to lose existing surface parking lots to growth and development, but when possible we replace them with structures and incorporate additional capacity. This has occurred recently at the Fieldhouse and a similar response is being planned near the research and education facility currently being designed by the College of Medicine. Within 5 years we also hope to open another cashiered facility (Lot or Ramp) on the Southwest corner of the Burlington and Madison Street intersections. To finance these projects and maintain what we have, a new parking rate structure will be implemented in the summer and fall of 1997. The increases will continue for several years. Faculty/Staff Surface Reserved Faculty/Staff Ramp Reserved Commuter-F/S & Student Student Storage Public Cashiered ~ Public Meters Student Meters PARKING RATE PROPOSAL Current FY 98 FY 99 FY 00 18.00/MO 20.00/MO 22.00/MO 24.00/MO 27.00/MO 30.00/MO 33.00/MO 36.00/MO 4.50/MO 7.00/MO 9.00/MO 11.00/MO 9.00/MO 12.00/MO 15.00/M O 18.00/MO · 50/hr .60/hr .60/hr .60/hr · 50/hr .60/hr .60/hr .60/hr .40/hr ·40/hr .40/hr .50/hr FY 01 26.00/MO 39.00/MO 13.00/MO 21.00/MO .60/hr .60/hr .50/hr INGj Submitted by: Dee Norton PARKING The City recently has completed a comprehensive review of its downtown parking system. Some key information from the Downtown Iowa City Parking Study, is provided on this and the following sheet. Copies of the complete study will be available to each of the discussion groups at the February 18th meeting of City Councilors and Student Senators. The two maps are self-explanatory: Figure 2 shows the location and the capacity of each city off-street parking facility, i.e., ramps and surface lots., and Figure 3 shows the location and number ofmetered on-street parking spaces in and near downtown, as well as the meter term. On the reverse of this sheet are three tables; Table A, showing the capacity of the over-all parking system (city, university, private), Table B, summarizing the utilization of city parking spaces, and Table C, indicating the anticipated impact on the parking system of future city and university projects. Some of the issues which might be considered at the joint meeting include: Parking meter turnover, "meter-feeding," enforcement The pattern of meter terms shown in Figure 3, 30 and 60 minutes in the central business area and two- and five-hours in the outlying areas, is designed to create constant turnover of the most desirable close-in spaces. It works only if persons do not engage in meter feeding, a practice that is in fact legally prohibited. Are meter terms appropriate considering the variety of users? Should enforcement be increased? Relaxed? Other options? Unmetered on-street parking in areas adjacent to the downtown Table B. shows that there is very heavy use during the day of unmetered on-street spaces in regions north, east and south of the central business district, and substantial use at night in some areas. In several locations residents have great di~culty finding an on-street space during the day, and in some places also in the evening. The prohibition on late-night parking is an aspect of this issue. Ramp utilization, ramp improvements, permit parking Table B shows that there are some 400 spaces available in the present city ramps, admittedly not always in the most desirable locations. Monthly permits for spaces in these facilities are a significant part of the demand for close-in parking, primarily by those who work in or near downtown. At present there are 835 permits, 42% of which are for spaces in the Chauncey Swan ramp and 21% of which are in the Dubuque St. ramp. New businesses want permit space for their employees and some of this existing capacity certainly will be used for more permits. The city soon will be making substantial improvements in the appearance, lighting and signage in the ramps. How extensively are the ramps used by students? Do students hold many permits? Do they want permits? Other suggestions about parking structures? Planning for new facilities The city is considering sites for one or more additional parking facilities. We need to be fully aware of University plans and future policies on parking, and to understand student concerns. Suggestions, comments, hopes? Summary: Inventory of Parking Spaces in the Downtown Area Type Number of SpacesChange Since 1988 City of Iowa City off-street 2,453 +273 City of Iowa City on-street 733 -42 Unmetered on-street adjacent to downtown870 -2 University of Iowa 2,125 -223 Private spaces 3,411 +317 Total Spaces Provided 9,592 +323 Summary( Utilization of Parking Spaces in the Downtown Area Daytime Spaces Facility Morning Afternoon Evening Available Capital St. Ramp 75% 70% 50% 150 Dubuque St. Ramp 60 70 50 150 Chauncey Swan R. 60 60 26 100 (Upper Levels) Iowa Ave., Metered 92 95 69 0/0 Near Northside, Open 97 93 64 0/0 Near Southside, Open 99 96 83 0/0 Near Eastside, Open 92 80 57 0/60 Co Summary of Short-Range (Five Year) Parking Demand From Downtown Development Projects Existing Spaces .Spaces Provided. Displaced On-Site 0 (-)34 (-)75 New Parking Project Demand Totel 1. Hieronymus Square 166 132 2. Main Street Building207 0 132 3. Library/Multi-Use Facility200 90 0 290 4. Engineering Building77 '43 0 120 5. Biology Building 0 0 0 0 Total Estimated Parking Demand 650 133 (-)109 674 Of the need for 674 parking spaces generated by the five development projects, 502 are long-term spaces (office, residential, and University uses) and 172 are short-term spaces (retail). FIGUR~'~ --] ~////////x//////,~/ L,J DAVENPOR Invento~ of Clty of Iowa City ~/ ~1 I~1 I r Off-Street Parking Facilities ~ ~ ~ z ~~~ ~ ~ ~ = Number 0f Spaces per F~cllity . I II I BLOOMINGTON S°human L°"I I I Uarketl SI'J ~t 'l Tofal Spaces: 2,453 - MARKET I I I~1I~ ~ O . JEFFERSON '~ UNI~:RSITY OF IOWA CB-IO ZONE -- COUNTY n [::OUR'n-lOUSE Z 0 F- Senior Center WASHINGTON ~,,~o. II L/-J]- Let 64-1A ~/i~ COLLEGE ,I :':':':':':-:':':':':':':':-:.:.:':':'~---~ Dubuque ':':':':':'>:':':':':':':':':':':':' I I Ramp BURLINGTON o COURT POST OFRCE HARR!i,SON JCCOG 1996 Iowa City CBD Parking Study Z W Z PRENTISS Z O Z O FIGURE 3 I ! I I I [ ]. Ir~ventory of On-Streei II \VENPORT M~t~red Parking MARKET JEFFERSON UNIVERSITY OF IOWA IOWA II MERCY HOSPITAL CB-IO ZONE WASHINGT( //'//////// ~/. COLLEGE BURLINGTON g .~ ,,, '~ POST ~ 60 .IN OFRCE ~ 2 HOUR H ARRI SON indicoted, < 'I--~.~ JCCOGII O PRENTISS -II I I I I' I I II I I IF ~i~l~;Z, Iowa City The Submitted by: University of Iowa Cambus Service Issues Commonly asked questions or issues raised by students Why don't you operate off-campus? Why don't you serve Hawkeye Apartments during the day? Why don't you divert "less efficient" service into more service for students? Cambus Service Policy and Design Cambus services are designed for the purpose of providing mobility on the UI campus - to link people, activities and facilities. This design remains consistent with its origins - initiated by student groups in 1972 to provide service between residence halls and classrooms. Cambus services have expanded and changed significantly over the years, however, its scope has remained at providing on-campus transportation. Within this context, it has also coordinated its services with Iowa City Transit and Coralville Transit systems. They provide the service to and from campus. Notable changes to Cambus services include the addition of the Bionic Bus and commuter lot services. The Bionic Bus provides demand-response service, via lift-equipped mini-buses, for persons with disabilities. The commuter lot services have been in response to significant development of perimeter parking facilities by the Parking division. The University of Iowa Cambus is a University owned and operated public transit system. It is one of 35 recognized public transit systems in the state of Iowa. Cambus also receives transit financial assistance from the Federal Transit Administration and the IDOT. This includes operational assistance and capital grants which have funded a large portion of all Cambus vehicles and facilities. This financial assistance requires that Cambus comply with all Federal and State public transit laws and regulations. Cambus Fixed-Route Service Fixed-Routes · Red & Blue Routes Circle the entire campus, in opposite directions. · Interdorm Route All residence halls to the main campus/downtown. · Mayflower Shuttle Route Mayflower & eastside residence halls to the main campus/downtown. · Pentacrest Route N. Hospital area, West side commuter lots to main campus/downtown. · Hospital Routes All commuter lots to the hospital. · Oakdale Route Oakdale campus to the North Hospital area. · Hawkeye Route Hawkeye Apts. to the main campus/downtown area. · East Campus Shuttle S. Madison St. area (Lot 11) to the main campus/downtown area. · SafeRide Service (on-campus Red/Blue, off-campus van) Late night, Fri. & Sat., during the Fall/Spring academic periods. - 6:30 am to Midnight -(weekend service, also) - 6:30 am to 9:00 pm - - 6:55 am to 4:30 pm - - 6:30 am to Midnight - ~ 5:45 am to 6:30 pm - - 6:30 am to 9:00 pm - - 6:45 pm to Midnight -(weekend service, also) - 6:30 am to 6:30 pm - 10:30 pm to 2:30 am - Service Levels: · Academic : (Fall/Spring) .Interims: · Summer : (8 week session) All Routes are Full Service & Weekend Service. 10 minute Red/Blue Routes, 10 min. Interdorm/MF Shuttle. All Routes are Full Service except: 30 minute Red/Blue Routes, No Interdorm, No weekends All Routes are Full Service except: 15 minute Red/Blue Routes, No Interdorm, No weekends Cambus Facts Transit Services Provided: .... On campus Fixed-Route, Para-Transit ("Bionic'"), SafeRide Fleet Size: ....................................20 Full-Size Transit Coaches, 4 Para-Transit Mini-Buses 2 Mini-Buses Buses in use at Peak: ............ 16 Fixed-Route Buses and 3 Bionic Buses Ridership Per Year: ................ 3.9 million Ridership Per Day: .................. Up to 27,000 Miles of Service Per Year: .... Hours of Service Per Year: .... EmploYees: ................................... 620,000 61,000 5-Non-student 145-Student -Manager & Mechanics (4) -Driver(118), Support(21), Supervisor(6) Operational Budget: .................... $1.4 million Revenues: ....................................Student Fee 40%, State/Fed Transit 35%, Parking 18%, Other 7% Other: ......................... Governing Entity: Iowa Board of Regents. Metropolitan Planning Org. (MPO): Johnson County Council of Govts. Recognized by Federal Transit Administration (FTA) & recipient of funding. Recognized by laDOT & recipient of funding (State Transit Assistance). Member of Iowa Public Transit Association (IPTA) Cambus Impacts and Projects A number of items have and are occurring which have very significant impacts upon Cambus services and operations. Accessible Service: In response to the Americans With Disabilities Act (ADA), Cambus is currently proceeding with its plans to implement accessible fixed-route service by the Fall of 1997. In order to achieve this goal, two primary actions must take place - 1) Obtaining the necessary equipment and 2) Redesign of services. Cambus is currently in progress with obtaining the equipment as 5 new accessible replacement buses are on order and it will soon proceed with retro-fitting 15 buses with wheelchair lifts. A considerable amount of planning still needs to be conducted in order to implement such service without dramatic adverse impact on existing services or costs. In addition to the above, Cambus will also be modifying its Bionic service by reducing its service area to a campus zone - in line with the fixed-route service area. Also, to potentially improve the ability to provide service, Cambus is will be replacing two of its mini-buses with new low-floor, ramp-access vehicles. UI Facility Development: Cambus must always adapt its services to changes and additions of UI facilities. These changes often require modification or expansions of service. Some of these changes have and will include - expansion of commuter parking facilities, PBAB, the new Health Sciences campus, UIHC expansions, relocation of the Cambus stop at the entrance of UIHC, the new West Campus ramp, development of the Hawkeye apartment area. Misc. Changes: Several items have and are occurring which impact Cambus operations and finances. Among these are increased restrictions on student employees, mandatory drug and alcohol testing, increased needs for driver training (CDL, ADA), reductions in transit assistance programs, increased regulation. Cambus Financial Cambus has entered a period of flat revenues and increasing costs. The flat revenues are due to the nature of its revenue sources (i.e. student fee, govt. transit assistance). Increasing costs are due in large part to changes in equipment operated and competition for student employees. This has created a situation of limited and non-growing resources, therefore, creating an environment where services are unable to expand and may actually need to be reduced. ~ o o c- © © Submitted by: Karen Kubby Current costs to ride IC Transit: S0.75 per ride $6.50 for a strip of 10 tickets : $25 monthly pass $20 low-income monthly pass $20 K-12 student pass $80.00 U of I student semester pass (the pass is still available rated amount at any time during the semester) Current costs to ride SEATS (our paratransit service-you must be ADA certified to qualify for this service): : $1.50 per ride S0.75 low-income cost per ride no monthly pass available Next year's total budget for transit, including paratransit: is $3.3 million. Federal transit operating assistant is down to from a high of 1995 of $350,000. This shortfall is made up in thre~:ways-- increased fares, less night service, and higher subsidy fr0':~property taxes. The operating assistance may stabilize, depending on how tl~:'~: 05th Congress and the President handles mass transit issues in thei~i~:budget deliberations. We each can have some effect on this. Ridership has been steady over the last 10 years, at 1.5 million rides It costs $47.84 per hour (includes all costs-labor, ':maintenant! gas, etc.) to run each bus. Another way to view this s thati:iit~:'c:osts!:S:!4~::iO1/mile to run an IC Transit bus. At Council direction, staff will review the existing fixed route~ ~nd: ~ake recommendations for change. Our current system was developed in the 1 970's and our community has changed a lot in the past 25-30.Ycars.:The changes will take into account the following criteria: : 1. Keeping blanket coverage during peak times (6-9am an~..3!6pm) 2. Base mid-day service on demand and some specific social needs (Le not isolating pockets of elderly population) 3. No reduction in the hours of service. This ::may:lead to. small:.char~:es.~in:,,o.u:r,::.transit se~ice,::it:: may:lea:d:. to.a. complete revamping of our routes. The goal is to p¢'ovideA bette~ :quality and possibly quantity of bus service to current ride~s.::~r'he ~0:p:, is to implement any changes to our system::this:AuguSti Before any changes are made, the Council must hold a public beari~i::: Submitted by': The UniversiN of Iowa Bicycle Issues Based on regular questions from students, the most active bicycling issues currently raised are as follows: · Why aren't there more bike parking spaces? · When and where will bike parking improvements be made? Why do you ticket and impound bikes? Parking Inventory The current inventory of bicycle parking indicates a total of 3,846 spaces in 109 sites on both sides of the river. Rack locations are detailed in the 1996-97 Bicycle Regulation brochure. Since 1995 the University has installed nearly 1,000 new spaces, of which about half were replacement and half expansion. Many of the older style racks are not used effectively because of their incompatibility with newer style bikes, so even a one for one replacement has the same benefits as an expansion. East Campus West Campus Total Campus Date Spaces Spaces Spaces Dec-96 1.710 2.136 3,846 (52 Sites) (57 Sites) (109 Sites) Recently Completed Improvements Capacity Capacity Net Gain Prior After Date Project Location to Project Project Jul-95 Eng. Research Facility 0 16 16 Jul-95 Boyd Law Building oS 45 90 45 Oct-95 Boyd Law Building - N 18 26 8 Sep-95 Seashore Hall - W 24 40 16 Jun-96 Engineering Building 48 72 24 Jun-96 Main Library - S 54 60 6 J u I - 96 Fieldhouse - NW * 0 24 24 Aug-96 Phillips Hall - W 27 80 53 Aug-96 Becker Comm. Studies Bldg. ' 0 30 30 Aug-96 Currier Hall - N 28 48 20 Sep-96 Hosp. Ramp II - E 63 168 105 Oct-96 PBAB - S ' 24 80 56 Ocl-96 MacBride Hall - N ' 60 123 63 Oct-96 Main Library - N 41 48 7 'Temporary Style Rack Total 432 905 473 Future Improvement Projects For 1997/98 The University is actively planning improvements to a number of bike parking sites, and these plans will be implemented as funding becomes available. To date, the primary sources of funding have been UI Parking and Transportation Dept. funds and UI Landscape Improvement funds. Because of concerns over safety, location, effectiveness and appearance; bicycle parking improvements average about $100/per space. A list of sites we are planning to improve in the next 2 years are as follows: Capacity Est. Capacity Net Prior After Gain Project Location to Project Project Melrose Ave Parking Ramp - NW 0 120 120 Schaeffer Hall - S 104 180 76 Iowa Memorial Union - SE 76 96 20 Lindquist Center - W 40 48 8 ' Lindquist Center - SE 0 16 1 6 Becker Comm. Studies Bldg. 30 40 1 0 English Philosophy Building - E 18 40 22 PBAB - S 24 48 24 Hardin Health Sciences Library 62 160 98 Hosp Ramp 1 - SE 41 96 55 Fieldhouse SE/Lot 6 0 64 64 IMU Parking Ramp Level 4E 0 100 100 MacBride Hall - N 123 180 57 Total 518 1188 670 Bicycle Parking & Operating Regulations The more important points in the bicycle regulations focus on a voluntary registration program, along with operating and parking regulations. The operating regulations focus on the issues of pedestrian safety and protection of the physical environment. The University Public Safety Dept. is charged with enforcing those regulations. Parking regulations are designed to balance the riders desire to have safe convenient parking with the University's need to maintain pedestrian right-of-ways, access to facilities, protect property, and sustain an attractive welcoming campus. The Dept. of Parking & Transportation is responsible for enforcing bike parking regulations. Bicycle policies and regulations are reviewed annually and published in a brochure which is distributed at student vehicle registration, and with warning tickets during a period at the beginning of the fall semester and in the spring. Following this educational period, parking citations are written, and fines assessed for illegally parked bikes. Most citations are written on bikes blocking access to facilities, inhibiting the use of street furniture or handrails, or which have been parked against or upon trees, shrubs or other plantings. When a ticket cannot be issued because an owner cannot be identified for lack of registration, or when a bike is clearly obstructing facilities or damaging plant material, we may immobilize or impound the bike. First time offenders can have their fines and fees waved if they properly register their bikes. Submitted by: Karen Kubby BIKING ISSUES .:Man~::::¢~oplgi:: ,ha:~e~!t~ound it hard to park their bikes downtown due to a sh~::~-'i~g¢'"'C~f::::(g. i¢!~e;s.:?'~..hat?) parking spaces. In July of 1994, there were 21 8 bicycle? pa '.~i',n~ .~i:~:@ ':~:'s. Since then, 130 new spaces have been created. 78 ~f:(h~e arelacks :;~Dl~'~.ed in parking ramps and on the sidewalk, 52 are meter ::/.~ack~:: ';:~of n0w;""(:~:;e?:~are a total of 348 parking spaces for bi- the Near Noahside (Hamburg Inn area), 32 spaces In 1'99~: :Cou~cil::~d':d'~;'8~parking spacesforbJcycles in the formula for parking requirements in our zonin~ ordinance along side car parking requirements. The:requirements are based on the density of thezoning and the number of dwelling units. Basically, new development outside Or,he downtown is re- : q~!red to provide one bicycle parking space per~'wetling unit. In the most dense zones, for apa~ent buildJngs~ the requirement is 5% of the number One of the:~Bj~es~-~:Jnvestments communities in this area are making is in the develop:~e~f:gf:fecreation/c~'mmuter trails, It is hoped that in the near future that you can travel frbm~the southern to the no~hern pa~s of the coun~ along these trails. The sogi, .to i~t~roo~ct~d trials so that ::Seighborhoods are connected tg:iA~er al trails which connect to the tra ':: system~:o~;~he ne~ communi~. ~lthough Jt Js a major investment, it is a much smaller one than road building. Here is a brief accounting of the number of trails in each cemmuni~ that are planned for the near future and the projected costs asSOciated with this venture. The amounts not. ed area combination of local a~8 federal monies. Iowa City. 6 pro'ects, totalin $2,7'57 000 Corny e-1 pro'ect, the amount has not been determined yet Noah Libel- 1 project of 9378,800 Johnson Count: 1 project at $70,~ with another project being planned with no determination of cost Yet. I~ :~dition, the Ci~ of Iowa City and ttqe Universi~ of Iowa will begin a Share the Road signage program in the spring as weather permits. Signs will be installed eve~ three to four blocks along the on-street routes (see attached map). The purpose of this program is to remind all users of the road that different vehicle ~pes share the road as legal vehicles and therefore, all users have equal rights and responsibilities in using the road · ::. , City of Iowa City MEMORANDUM Date: February 11, 1997 To: City Council From: City Manager Re: Pending Development Issues An application submitted by Staples, Inc. for final plat approval of a Resubdivision of Lot 2, Westport Plaza, an 11.41 acre, two-lot commercial subdivision located south of Ruppert Road. An application submitted by Oral B Laboratories to fezone a 3.75 acre tract of land located on Mall Drive from Community Commercial (CC-2) to General Industrial (I-1). A request by Preucil School of Music to establish an early childhood department (pre- school/small classes) in the RS-8 zone at 704 N. Reno Street. jw/pending.sa City of 'Iowa City MEMORANDUM Date: February 12, 1997 To: City Council From: City Manager Re: Customer Service Survey In May 1996, a "Customer Satisfaction Survey" was developed by our Water Division. The intent was to identify strengths and weaknesses in our customer service practices. This survey was distributed in a number of ways. · Meter exchange bulk mailing · Field customer individual contacts · Telephone service contact · Special project contact Historical survey data indicated a 15% return would be expected from a mail survey. Initially, 250 surveys were sent to customers participating in the meter exchange program from January to June 1996. Thirty-two percent of these customers responded within four weeks. Since July 1,1996, survey cards are left after every contact with water customer service staff. These contact activities include: meter exchange, leak investigation, pressure check, faulty meter, final inspection or service leak investigations. These cards are reviewed by customer service staff. If a response is requested or more information would be helpful to the customer, it is taken care of immediately. Other survey responses are tabulated on a monthly basis. December 1996 resulted in 50% of the surveys being returned. The response has been much higher than expected. The results are used to develop improved customer service practices as well as acknowledge staffs accomplishments. Attached is a copy of the customer service response card. Attachment jw/survey,sa ~' =:~ ~' n° ~' ~ . ~' ~.<,, ~.= ::l ,.. o o o o'-, ...0 .;.= ,( .~ o o~ ~"-. " 0.-(~ · · · · · ~ ~' '~ ,", m 0 ~ 0 :~ I~" ~ · ~ 0 ~ 0 '-- "~ "'~ i. ~ ~ --- ~< ~ c :1o. ~ c ~ ~ U o=  o(,. __= ,,~_ _ =. L... ,< .. ,< ~. ,) ~_o:.,.< ; iE. X F-O tO Z W © 0 LL ~ © 0 0 0 0 0 W I W Ill I-- W II W W r~ w 0 w ~ z II Ii w u_ W _J O~ W III I O0 ~w w u) n W w 7 II ~ W _J L' .J Z LU 0 LU X ~ X X X X ~XX XX X X X~XX X ~X X X LU Ld LLI W ~ Z W n (s) z~ 0 0 0 XXX~XXXX ZZZ~~~~~~JJJJJJJJJJJJJ LIJ I.-- Z LIJ 0 WWWWWWW WWWWW WWWWWWWWWWWWWWW W LLI W rn W W W 0 n~n~w W -J o c4 W XXX~X~XX ZZZZZZ ~~~ ~~ ~~ W z T C) X W r~ W t-- W W 0 W O-- z~ II n"' n~ W Z 0 ~-z W .-~ ~ Z ii L~ ~w II O~ W W "r ~w LU n W wz O© (/) z iii 0 C) O~ ~o~ (9 '- XX XXXXXXOXXXXXXXXX ~ z ~ o - ~> ~ E ~®~oo~~ City of Iowa City MEMORANDUM DATE: February 11, 1997 TO: Mayor and City Council REVISION #5 FROM: Marian K. Karr, City Clerk RE: Meeting Schedule for February and March On February 11 Council agreed to the following meeting schedule. Please note changes in February and March. Thursday, February 13 - Special Work Session/Police Policies & Procedures - 9:30 a.m. Tuesday, February !8 - Special Work Session/Student Senate - (optional social 6:30 p.m.) Meeting time - 7:00 p.m.+ Wednesday, February 19 - Special Work Session/Police Policies & Procedures Public Discussion- 7:00 p.m. Thursday, February 20- Special Formal/Executive Session (personnel)10:00 a.m. Thursday, February 20 - Joint Meeting/64-1A - 4:00-6:00 p.m.* Monday, February 24 - Work Session - 7:00 p.m. Tuesday, February 25 - Formal - 7:00 p.m. Monday, March 3 - Special Work Session - 7:00 p.m. Tuesday, March 4 - Special Formal - 7:00 p.m. Wednesday, March 5 - Joint Meeting/64-1A - 4:00-6:00 p.m. Monday, March 17 - Special Work Session- 7:00 p.m. Tuesday, March 18 - Special Formal - 7:00 p.m. Wednesday, March 19' - Joint Meeting with Library Board - 5:00 to 7:00 p.m. + Meeting to be held second floor ballroom, Iowa Memorial Union (optional social 6:30) * Meeting tentatively set for Room A of the Public Library Please let me know when you will be out of town even if it would not affect a Council meeting. This will aid staff in scheduling special meetings and when necessary for preparing agenda/packets ahead of time for early pick-up. Reminder: Please send me information on summer plans as soon as possible so we may review the summer schedule. Thanks for your cooperation. CC: City Manager City Attorney Department Directors cclerk/schedule.doc City of Iowa City MEMORANDUM Date: To: From: Re: February 13, 1997 Mayor and City Council Marian K. Karr, City Clerk 1996 Special Census OVERVIEW In July, 1995, the Iowa City City Council requested a special census be conducted to determine a more current population figure for Iowa City. Increases were projected in both population and housing units. Council was informed that the special census would show an increase in official population of more than 3,100 people since 1990, increasing state Road Use Tax funds and Population Allocation Tax Revenues by $230,000 each year after the census is certified. The City of Iowa City contracted with the US Bureau if Census to initiate a special census to occur February 1996. City Clerk Karr and Economic Development Coordinator David Schoon were appointed to work with the Special Census Division of the Federal Bureau of the Census and to lead the city's involvement in the special census. In order to direct the 1996 Special Census and to insure a thorough and accurate count, a local 1996 Special Census Committee was formed as follows: Mary Mclnroy- Speaker's Bureau David Purdy-Senior Citizens Don Canfield-Community Businesses F. Jack Newman-Churches Dottie Ray-Public Relations Ann Rhodes-University of Iowa Joanne Fritz-University of Iowa Marian Karr-City Clerk David Schoon-City Economic Development Jill Smith-Community Schools Six Special Census Committee meetings were held September, 1995, through January 23, 1996 to promote the special census to various segments of the community. City department directors were asked to contribute ideas and display space to the special census efforts. The City of Iowa City contracted with a Burken Design to develop a census logo, brochure development and time line strategies. 71/ POSTPONEMENT AND RESCHEDULE A temporary Federal Government shutdown in February 1996 closed the Special Census Division of the Federal Bureau of the Census, delaying Iowa City's Special Census. The 1996 Special Census was rescheduled from February 1996 to August 29, 1996. CENSUS WORKERS Iowa City was responsible for recruitment of census workers. Recruitment ranged from newspaper classified ads to Job Wanted listings at Job Service of Iowa and the University of Iowa. Special Census Committee members distributed Census Worker Wanted information at the 4-H Fair, public library and Senior Center. The City received approximately 400 census worker applications and 97 census workers were hired and trained. A local census office was opened at 2405 Towncrest Drive, Iowa City, by the Special Census Division of the Federal Bureau of the Census to direct all census worker training and activities. The office remained open until close of the Special Census on October 24th. 1996 SPECIAL CENSUS PROMOTION The Iowa City 1996 Special Census Committee held monthly meetings March, 1996, through September 1996 and distributed special census information to encourage participation from all facets of the Iowa City Community. City departments displayed census information in buses and ramps, put up library displays, included census information in the City News and utility billings, distributed information via neighborhood newsletters and posted information on Jeonet, a local internet service. During the census promotion, census brochures and informational letters were distributed to 263 service clubs and organizations, Elderly Services, Home Delivered Meals, Iowa City Recreation Center Summer Camps and Swim Programs. 1996 Special Census articles were published in the' Iowa Citv Press Citizen, Cedar Rapids Gazette, Advertiser, AARP Newsletter, Chamber Reflections, Crisis Center Newsletter, Emer.cjencv Housing Shelter Newsletter, Free Lunch Newsletter, RSVP, Senior Center Post and Universitv of Iowa Faculty Staff News. Two guest editorials promoting the special census were written by City Clerk Karr and published in the Iowa City Press Citizen and University of Iowa Daily lowan. 1996 Special Census posters were placed in all Laundromats, Salvation Army, city buses, grocery stores, downtown businesses, and University of Iowa Cambus. There were five Dottie Ray Show radio interviews and public service announcements on KXIC, KRNA, Senior Center TV Channel 2, Cable Government Channel, and the Cable Weather Channel. In August, 1996, 3,600 1996 Special Census brochures were delivered to churches, 175,100 special census bag stuffers to area grocery stores and financial institutions and 12,000 Special Census brochures to the Iowa City Community Schools and Regina Schools. A 1996 Special Census Committee Speaker's Bureau gave presentations to area civic organizations including the University Athletic Club, Chamber Leadership Program, Chamber 3 University Community Relations, Noon Lions Club, Oaknoll, Old Capital Sertoma Club, Rotary, Noon Kiwanis Club, and Morning Kiwanis Club. The University of Iowa participated fully by distributing 1996 Special Census information to their Residences Services, Greek Houses, Family Housing and international students. 477 posters were posted throughout the University of Iowa campus and information posted on sports games message boards. City of Iowa City Cable TV Division produced a 10 minute 1996 Special Census video for Cable TV broadcast and Speaker Bureau's engagements. FINAL REPORT According to the official count of the 1996 Special census, the population of the City of Iowa City was 60,148 and the housing count 24,437. The City of Iowa City projects a net benefit of $66 per person increase for Road Use Tax and $4 per person increase for Population Allocation Tax Revenues, totaling a net $70 increase per person population increase. The 1996 Special Census demonstrated a 410 population increase from the 1990 Census, thereby showing a $28,700 benefit to the city each year. This increase will benefit the city in 1997 through year 2002, resulting in a total benefit of $172,200 based on the current per person rates. Historically the rates do increase annually and additional monies would be made available. A detailed analysis of the census figures attached will be prepared by PCD Director Franklin at a later time. bc4-1 ~.~-r o~ c% UNITED STATES DEPARTMENT OF COMMERCE Bureau of the Census Washington, DC 20233-0001 February 7, 1997 Mr. Stephen J. Atkins City Manager 410 East. Washington Street Iowa City, Iowa 52240-1826 Dear Mr. Atkins: According to the official count of the special census, the' population of the city of Iowa City, Johnson County, was 60,148 and the housing count was 24,437 as of August 29, 1996. We are enclosing a tabulation that provides detailed information from the special census. If you require further information concerning the special census, please contact Elaine Csellar, office of Special Censuses on (301) 457-1429. Sincerely, :: :: ELAINE M. CSELLAR office of Special Censuses Bureau of the Census Enclosures Z 0 J I ~0~0 z City of Iowa City MEMORANDUM Date: February 13, 1997 To: Mayor and City Council From: Marian K. Karr, City Clerk~ Re: Joint Meeting with Board of Supervisors County Adm. Asst. Carol Peters phoned regarding the scheduling of a joint City Council/Board of Supervisors meeting. The Board has suggested Wednesday, April 2, 4:00-6:00 or 5:00-7:00. Please let me know if this date and one of the times is acceptable. We can discuss agenda items later. CC: City Manager City Attorney Date: To: From: City of Iowa City MEMORANDUM February 13, 1997 City Manager David Schoon, Economic Development CoordinatO~__~ '~'~~'~r'/--~ Re: Oral-B Laboratories CEBA Loan As the attached letter indicates, Oral-B Laboratories has decided not to continue to pursue the CEBA forgivable loan. Though Oral-B will not be using the state funds, the company is continuing the expansion project here in Iowa City. The State has been informed of the company's decision. No action is required from the City Council regarding the company's decision. As the staff at the corporate headquarters began to read the agreement for the forgivable loan, they developed concerns regarding certain reporting requirements and covenants. Given their concerns and the fact that the amount of the loan was relatively small compared to the overall project cost, they concluded not to pursue the forgivable loan. The company is aware that the City's $40,000 forgivable loan was part of the local contribution for the CEBA loan award and that the loan agreement for the City's loan would contain requirements similar to the CEBA loan agreement. Therefore, Oral-B will not be pursuing the City's loan. Bill DeStefano, Controller of the Iowa City Oral-B facility, relayed to me that though Oral-B will not be using the financial incentive package put together by the City, he believes the package played an important role in locating the expansion project here in Iowa City. As with the NCS and Moore Business projects, the local Oral-B plant had to convince its corporate headquarters to locate the expansion project at the Iowa City plant rather than at one of the company's other facilities. Many factors were involved in the decision to locate the expansion project. Though Mr. DeStefano did not say that the financial assistance package was the deciding factor, he did say that he felt the offer of assistance demonstrated to the company's top management that the State of .iowa and the Iowa City community supports the local operation and that the community was a partner with the local operation in landing the expansion project. The staff at the Iowa City facility expresses its appreciation for the support. CC: Bill DeStefano Karin Franklin Sarah Holecek Mike Swesey, IDED Marty Kelly, ICAD John Wetzel, MidAmerican Energy f:\prospect\ora10213,mem Laboratories David Schoon Economic Development Coordinator City of Iowa City 410 East Washington Street Iowa City, Iowa 52240 February 3, 1997 Dear David, As discussed, atter review of the covenants of the CEBA loan agreement and other documents required by the State, the .Treasury Department of the Gillette Company has instructed me to respectfully decline pursuing this loan referenced under Application No. 97-PRO-05. The main objection by the Company relates to reporting requirements as well as other covenants. The Treasurer's Department advises me that their general practice is not to pursue this type of loan unless the amount is material. If I had known this policy statement, I would not have begun the process, and for that I apologize for the amount of work which has been done by both of our organizations. I would like to thank you for the support you have given Oral-B Laboratories, and be advised our expansion project in Iowa City will continue. Sincerely, cV~ ntDr~lteerfa n ° ~"~ , Oral-B Laboratories, Iowa City Plant cc: R. Gray, R. Colgan A Gillette Company 1832 Lower Muscatine Road P.O. Box 4502 Iowa City, Iowa 52240-4502 Tel: (3'19.) 338-5411 Fax: (319) 356-9165 City of Iowa City MEMORANDUM Date: To: From: Re: February 13, 1997 Steve Atkins, City Manager Doug Ripley, JCCOG Traffic Engineering Plann r ~e~ Maintenance of Street Lights I understand the issue of street light maintenance came up at the February 11, 1997 City Council meeting. When street lights are observed going on and off it means the lighting elements are in need of replacement. This work is performed by MidAmerican Energy Company. Under the City's reorganization of traffic engineering responsibilities. citizens may contact me at 356-5254 or the Streets Division at 356-5181 to report a street light in need of maintenance. They may also contact MidAmerican Energy directly.. The person at MidAmerican Energy to contact is Theresa Stokes at 319/341-4401. If you have any questions or require additional information do not hesitate to contact me. CC: Jeff Davidson Chuck Schmadeke Rick Fosse Bud Stockman Im\dr2-13.wp5 Page: 1 ,..,ate: 02/04/97 From: 01/01/97 To..: 01/31/97 Permit Applicant name Address No. CITY OF IOWA CITY EXTRACTION OF BUILDING PERMIT DATA FOR CENSUS BUREAU REPORT Steve Atkins Type Type Stories Units Valuatio Impr Use BLD97-0015 ORAL-B LABORATORIES 1832 LOWER MUSCATINE RD 600005F WAREHOUSE ADDITION ADD NON 1 0 $ 2650000 BLD97-0042 CLARISSA T WATT 1603 MUSCATINE AVE ADD NON 0 0 $ 2500 ADD NEW FRONT PORCR ON COB94ERCIAL BUILDING ADD NON permits: 2 $ 2652500 BLD96-0678 PETE WILSON 562 FOSTER RD ADD RMF 0 0 $ 5000 18 X 10'-6" SCREEN PORCH ADD RMF permits: 1 $ 5000 BLD97-0011 DAN & JANET TEETS 20 AMBER LN ADD RSF 1 0 $ 13750 12' X 16' THREE SEASON PORCH .................................................................................... 7 ............................................... ADD RSF permits: i $ 13750 BLD96-0676MERCY HOSPITAL 500 ~UkRKET ST PATIENT CARE UNIT RENOVATION, PHASE ONE, PEDIATRICS INTERIOR REMODEL OF THE PEDIATRICS UNIT ALT NON 0 0 $ 2B0000 BLD97-0039 CHURCH OF JESUS 503 MELROSE AVE ALT CHRIST L-DAY S REMODEL FOR A CHANGE OF USE FROM S.F.D. TO RELIGIOUS INSTITUTION BLD96-0692 WAL-MART STORES 1001 HIGHWAY I WEST REMODEL VISION CENTER NON 2 0 $ 60000 ALT NON 0 0 $ 45000 BLD97-0021 PLMBERS SUPPLY CO 2020 S RIVERSIDE DR CONVERT WAREHOUSE SPACE TO OFFICE ALT NON 1 0 $ 14000 BLD97-0022 LUCAS V~ORDEN 2122 ACT CIR CONVERT OFFICE TO ANIMAL CLINIC ALT NON 0 0 $ 12500 BLD97-0032 KNEBEL WINDOWS 700 CAPITOL ST INTERIOR REMODEL OF CO~ERCiAL SPACE ALT NON 0 O $ 10000 BLD97-0026 SLAGER APPLIANCE 425 HIaI~WAY i WEST REMODEL INTERIOR OF BUILDING ALT NON 0 0 $ 9500 BLD97-0040 SLAGER APPLIANCE 425 HIG}IWAY I WEST ALT NON INTERIOR REMODEL OF THE PARTS DEPARTMENT OF THE COF~MERCIAL BUILDING BLD97-0012 S.G., INC. 325 WASHINGTON ST INSTALL AIR-LOCK ~ REMOVE WALLS 0 0 $ 750O BLD97-0019 CITY OF IOWA CITY 123 S LINN ST REPLACE WINDOW WITH DOOR ALT NON 0 0 $ 5000 ALT NON 0 0 $ 4200 Page: 2 m~te: 02/04/97 From: 01/01/97 TO..: 01/31/97 CITY OF IOWA CITY EXTRACTION OF BUILDING PERMIT DATA FOR CENSUS BUREAU REPORT Permit Applicant name Address Type Type Stories Units Valuation No, Impr Use BLD97-0023 IOWA CHILDRENS 1660 SYCAMORE ST MUSEUM CONSTRUCTION OF ACTIVITY ROOM ALT NON 0 0 $ 30O0 BLD97-0033 TASTE OF CHINA 1705 S 1ST AVE NEW METAL AND GLASS VESTIBULE AT THE ENTRY ALT NON 0 0 $ 2600 BLD96-0687 NOVAK LC 1950 LOWER MUSCATINE RD ALT NON 0 0 $ 2000 INTERIOR REMODEL OF PIZZA PARLOR ALT NON permits: 13 $ 425300 BLD97-0041 JIM ALBRECHT 2139 TAYLOR DR ALT RDF 0 0 $ 6000 515 S,F. OF BASEMENT FINISH IN ONE SIDE OF THE DUPLEX ALT RDF permits: 1 $ 6000 BLD97-0017 BOYD INVESTMENT 640 STUART CT CONVERT STORAGE AREA TO TWO BEDROOM DWELLING UNIT ALT RMF 0 1 $ 10250 BLD97-0009 LARRY WOODS 606 S JOHNSON ST 18' X 14' OFFICE ATTIC ROOM FINISH WITH A HALF BATH ALT RMF 0 0 $ 4O0O BLD97-0006 JANE DORMAN 107 CAYMAN ST CONVERT SCREEN PORCH TO A 3-SEASON PORCH ALT RMF 0 0 $ 3500 BLD97-0034 BEN RITTGERS 818 MARKET ST ALT RMF 0 0 $ 200 INSTALL EGRESS WINDOW ON THIRD FLOOR ALT RMF permits: 4 1 $ 17950 BLD97-0043 L, PAUL KINNY 645 S GOVERNOR ST COMPLETE REMODEL OF INTERIOR OF HOUSE BLD96-0680 WALLY HUDSON 1006 PHEASANT VALLEY ST CONVERT BASEMENT TO HABITABLE SPACE BLD97-0024 RANDY & CAROL 134 KENNEDY PARKWAY ALEXANDER PARTIAL FINISH OF BASEMENT BLD97-0029 JOHN EGGENDURG 1411 YEWELL ST MASTER BEDROOM REMODEL BL~96-0631 CURTIS & CINDY 750 PERRY CT WILLIAMS CONVERT BASEMENT TO BEDROOM AND TV ROOM BLD97-0013 BILL LYNCH 210 RICHARDS ST 7. X 12' PORCH ENCLOSURE ALT RSF 2 0 $ 40000 ALT RSF 0 0 $ 18700 ALT RSF 0 0 $ 14000 ALT RSF 0 0 $ 10400 ALT RSF 0 0 $ 5000 ALT RSF 0 0 $ 1500 Page: 3 Rate: 02/04/97 From: 01/01/97 TO..: 01/31/97 CITY OF IOWA CITY EXTRACTION OF BUILDING PERMIT DATA FOR CENSUS BUREAU REPORT Permit Applicant name Address Type Type Stories Units Valuation No. Impr Use BLD97-0007 MARTHA GREER 1408 ESTHER ST INST~J~L EGRESS WINDOW ALT RSF 0 0 $ 560 BLD97-0008 JOHN REIS 915 HIGHLAND AVE ALT RSF 0 0 $ 500 INSTALL EGRESS WINDOW IN BEDROOM ALT RSF permits: 8 $ 90660 BLD97-0020 SOUTHGATE 701 MORMON TREK BLVD NEW NON 2 0 $ 195000 DEVELOPMENT 90' X 125' COMMERCIAL BUILDING NEW NON permits: i $ 195000 BLD97-0010 FRA/Trz CONSTRUCTION 1402 COMPTON PL 'NEW RMF I 3 $ 305868 THREE uNIT CONDO WITH TWO CAR GARAGES NEW RMF permits: 1 3 $ 305868 BLD96-0684 BILL EICHINGER 1340 GOLDENROD DR S.F.D. WIT~ TWO CAR GARAGE NEW RSF 2 I $ 188788 BLD97-0037 BOYD CROSBY CONST 29 INVERNESS PL S.F.D. WITH TWO CAR GARAGE NEW RSF 2 1 $ 179520 BLD97-0028 MCCREEDY-TAYLOR 4718 CHANDLER CT S.F.D. WITH 2 CAR GARAGE NEW RSF 2 1 $ 152813 BLD97-0003 MOORE CONSTRUCTION 1229 GOLDENROD DR CO., INC. S.F.D. WITH 2 CAR GAP, AGE NEW RSF 2 1 $ 130822 BLD97-0002 MIKE & LORI STREB 3315 ROHRET RD NEW RSF 1 0 $ 124044 S.F,D. WITHOUT GARAGE NEW RSF permits: 5 4 $ 775987 BLD97-0027 ZAPATIL CONSTRUCTION 121 COLLEGE ST REP NON 0 0 $ 18000 ENGINEERED FLOOR REPAIR REP NON permits: 1 $ 18000 B~D96-0690 JAMES B. & BECKY 115 S GOVERNOR ST REP RMF 0 0 $ 200 BUXTON REPLACE EXTERIOR REAR LANDING AND STAIRS ON ROOMING HOUSE STRUCTURE. .................................................................................................. J ............................... ~_ REP RMF permits: 1 $ 200 Page: 4 D~te: 02/04/97 From: 01/01/97 To..: 01/31/97 CITY OF IOWA CITY EXTRACTION OF BUILDING PERMIT DATA FOR CENSUS BUREAU REPORT Permit Applicant name Address Type Type Stories Units Valuation No. Impr Use BLD97-0035 ROGER DUFFEY 2410 WAYNE AVE FIRE REPAIR OF THE S.F.D. REP RSF 1 0 $ 30000 BLD97-0016 BILL LEDGE 320 N MT VERNON DR S.F.D. FIRE RESTORATION REP RSF 0 0 $ 25000 BLD97-0005 JEUNG HEE LEE 726 IOWA AVE REP RSF 0 0 $ 6825 REPLACE PARTIAL FOUNDATION REP RSF permits: 3 $ 61825 TOTALS 8 $ 4568040 MEDIA RELEASE February 10, 1997 CITY OF I0 WA CITY PRESIDENTS' DAY OBSERVANCE SCHEDULE Contact: City Manager's Office 356-5010 City administrative offices at the Civic Center will Monday, February 17, 1997, in observance of Presidents' Day, City services is as follows: be closed A schedule of Iowa City Transit Buses... will operate regular hours and normal schedule. · Parking Meters... will be enforced. · Ramp Parking... will be charged. · Iowa City Public Library... will be open regular hours. · Senior Center... will be open holiday hours (10:30 a.m. to 3:00 p.m.). Meals will be served. · Iowa City Recreation Center... offices will be closed. The pool, gym, and game room will be open regular hours. · Iowa City Landfill... will be closed. Refuse, Recycling, and Yard Waste... will not be collected on Monday, February 17. Residents on the Monday route should place refuse, recycling, and yard waste at the curb by 7:00 a.m. on Tuesday, February 18. Residents on the Tuesday through Friday routes should have refuse, recycling, and yard waste at the curb by 7:00 a.m. on their regular collection day. The City cannot determine exactly when items will be collected. 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-5009 City of Iowa City MEMORANDUM TO: FROM: DATE: RE: City Council City Manager February 18, 1997 Miscellaneous Police Information 3. 4. 5. 6. 7. 8. 9. 10. Use of Force Policy - Johnson County Age and Experience - Police Officers Field Training Officers' Profile Internal Affairs Investigation Overtime Statistics Use of Weapons - 1996 Citizen Complaints Open Door- Dodge Cleaners Internal Reviews- Davidson request Department Roster - 95, 96, and 97  JOHNSON COUNTY SHERIFFS DEPARTMENT NUMBER ., · IOWA CITY, IOWA I-C '~i~ ~r 010-2 GENERAL ORDER SUBJECT USE OF FIREARMS - DEADLY FORCE ISSUE DATE 03/22/93 EFFECTIVE DATE 04/01/93 PAGE NO. POLICY: It is the policy of the Johnson County Sheriff's Department to show the highest respect and value of human life, and to that end the use of deadly force, particularly through the use of firearms, must be strictly controlled and used only as a last resort in life threatening situations. The apprehension of criminals and the.protection of property must at all times be subservient to the protection of life. The department further recognizes that the responsibility for protecting life must include that of its deputies as well. DEFINITION: 1. Deadly Force The legal definition for the term deadly force as set forth in Chapter 704 of the Iowa Code includes: Any force used for the purpose of causing serious injury. Force which the deputy knows or reasonably should know will create a strong probability that serious injury will result. The discharge of a firearm in the direction of another person with the knowledge that the person is present even though there is no intent to inflict serious physical injury. The discharge of a firearm at a vehicle in which there is known to be a person. PROCEDURE: It is expected that employees of the department will use only the MINIMUM amount of force to effect an arrest or to protect oneself or others. I-C-010-2 USE OF FIREARMS - DEADLY FORCE PAGE 2 OF 4 The use of a firearm by a deputy represents the application of MAXIMUM force. Deputies are expected to exhaust every other reasonable means in the course of their duties before resorting to the use of firearms. Deadly force should not be used on mere suspicion that a crime, no matter how serious, was committed or that the person being pursued committed the crime. There must be some reasonable basis in fact or a set of circumstances which would lead a reasonable person to believe that a serious crime has been .committed in order to justify the use of deadly force. A deputy shall not discharge a firearm in the performance of their duties, except under the .following circumstances, and after all alternatives have been exhausted: ao When it is absolutely necessary to protect the deputy or other persons against death or great bodily harm. So To effect a felony arrest, to prevent the escape of a felony suspect or inmate, or to recapture an. escaping felony suspect or inmate when all other means have failed and where all three of the following conditions exist: 1. The felony for which the arrest is sought is a serious crime such as murder, rape, armed robbery, arson or a burglary where there has been the use or threatened use of deadly force. 2. There is substantial risk that the person whose arrest is sought will cause death or great bodily harm if the apprehension is delayed. 3. The deputy has either witnessed the crime or has sufficient information to know with a virtual certainty that the suspect committed the offense. To kill unlicensed dogs pursuant to Chapter 351 of the Code or to kill a dangerous animal or one that is so badly injured that humane treatment requires its death to prevent further suffering. In all such cases adequate care should be taken so that shots do not endanger any citizen or property and whenever possible, the necessary killing of animals should be done discretely. Do For target practice or required qualification at an approved range or in some other completely safe target shooting area. I&C-010-2 USE OF FIREARMS - DEADLY FORCE PAGE 3 OF 4. Firearms will not be discharged under the following circumstances: A. As a warning At moving or fleeing vehicles unless the circumstances come within the provisions of Section 3-A or 3-B of this order. Except as noted below, whenever an on-duty deputy draws a sidearm or breaks out any auxiliary firearm in the presence of a suspect but does not fire it OR when a deputy discharges a firearm either: A. Accidentally, or Be In the performance of their prescribed duties, excluding target practice and the killing of animals where there are no adverse consequences of taking such action the deputy must notify the highest ranking officer on duty at the time. This may be done verbally, but must be done immediately after the incident. Similarly, in any off-duty situation where a deputy uses (i.e., draws, displays or fires) a firearm in an official manner relating to law enforcement type action, the deputy will follow the reporting requirements set out immediately above. Recreational and sports activities are clearly exempt from this requirement. In addition to the verbal report, the ranking officer may direct the deputy to submit a standard incident report, containing a detailed account of the matter, to the Sheriff or Chief Deputy. If a written report is required, the following time frame shall be observed: For on-duty deputies this report must be dictated prior to the end of the current shift. For off-duty deputies this report must be dictated as soon as circumstances permit but no later than 8 hours after the incident. If a deputy who draws or discharges a weapon as outlined above is physically or psychologically incapable of filing the required report, the deputy's immediate supervisor or the ranking deputy on duty at the time of the incident shall be responsible for filing as complete a report as possible pending further departmental investigation of the incident. I-C-010-2 USE OF FIREARMS - DEADLY FORCE PAGE 4 OF 4 Each incident shall be reviewed by the Sheriff and/or the First or Second Deputy as soon'as possible, and in cases where it is evident that this order has not been fully complied with, appropriate disciplinary. action including suspension and/or termination of employment may be taken. No.final action will be taken without permitting the deputy to offer a full and complete explanation of the situation. Approved SHERIFF 2/14/97 Age 54 51 5O 49 46 45 44 43 42 41 40 39 38 37 36 35 i'unce .)il';ffJ/ e]ii Number of Officers 4 1 1 3 1 2 1 3 1 3 3 7 1 4 3 2 Years of Sex Rank Experience M Chief 30 M Captain 28 M Lieutenant 29 M Sergeant 25 M Lieutenant (Investigations)26 M Officer 25 M Officer 26 M Officer (Investigator) 25 M Officer 19 M Officer 22 M Officer 17 M Officer 12 M Officer (Investigator) 18 M Captain 18 M Officer 20 M Officer 19 M Officer 7 M Lieutenant 19 M Sergeant 18 M Officer 6 M Sergeant 18 M Officer 12 M Officer 7 F Sergeant (Investigations) 17 M Sergeant 14 M Lieutenant 12 M Officer 18 M Officer 13 M Officer 13 M Officer 6 M Officer 11 F Officer 15 M Officer 13 M Officer 12 M Officer 2 M Sergeant 14 M Officer (Investigator) 14 M Officer 5 M Sergeant 9 M Officer (Investigator) 5 Page 1 of 2 Age and Experience of Iowa City Police Officers Number of Years of Age Officers Sex Rank Experience 34 3 F Officer (Investigator) 11 M Officer 9 M Officer 8 32 1 M Officer 8 31 2 M Officer 5 M Officer 3 30 2 M Sergeant 6 F Officer 2 29 3 M Officer 4 F Officer 1 M Officer 0 28 1 F Officer 4 27 4 M Officer 6 M Officer 1 M Officer 0 M Officer 0 26 1 F Officer 1 25 3 M Officer 1 M Officer 1 M Officer 0 24 2 M Officer 1 M Officer 0 23 1 M Officer 0 2/14/97 Page 2 of 2 MEMORANDUM TO: FROM: RE: DATE: Stephen Atkins, City Manager R. J. Winkelhake, Chief of Police~l~ FTO's February 7, 1997 The department has ten (10) Field Training Officers (FTO's) who are an average age of 36.6. The year of age range from twenty-seven (27) to forty-six (46). The average time of service with the Iowa City Police Department is 10.9 years. Years of Service range from three (3) to twenty-two (22) years. The education level ranges from a high school diploma to five (5) with Bachelor Degrees. The average education beyond high school is 2.8 years. This data included Jeff Gillaspie. Three additional officers are being trained which will change the data as follows: Average age 36 Average years of service 10 Average education level beyond high school 2.8 The Field Training Officers will be: Berg, Brucher, Campbell, Fortmann, Heick, Huff, Hurd, Jackson, Miller, Nixon, Platz, and Singleman. MEMORANDUM TO: FROM: RE: Stephen Atkins, City Manager R. J. Winkelhake, Chief of Police INTERNAL AFFAIRS INVESTIGATIONS DATE: February 7, 1997 Individuals on the Iowa City Police Department who have participated in Internal Affairs Investigations are Captain Pat Harney, Former Captain Don Strand, Captain Tom Widmer, Lt. Matt Johnson, Lt. Ron Fort, Lt. Dan Sellers, Former Deputy Chief Stock and I. Other people may be called upon for assistance based on their area of expertise. OVERTIME STATS FOR PATROL OFFICERS TOTAL OVERTIME HOURS Ave/Officer/Year Ave/Officer/Pay Period Ave/Officer/Week % Overtime is Court Overtime % Regular Overtime 1996 1995 1994 1993 1992 5830.75 5288.5 4804 4948.25 4723 129.57 139.17 126.42 137.45 112.45 4.98 5.35 4.86 5.29 4.33 2.49 2.68 2.43 2.65 2.17 32% 36% 44% 39% 39% 68% 64% 56% 61% 61% NOTE: Court overtime is included in the overtime averages. As stated in their contract, police officers who are required to make court appearances outside their regular work hours, shall be paid a minimum of 2 hours pay at the overtime rate of time and a half. An example would be that an officer is scheduled for court at 9:00 a.m. That officer may actually be in court for 10 minutes, but receive pay for 2 hours at time and a half. OVERTIME WAGES Budgeted $ Actual $ Spent % Budgeted $ Spent 1996 1995 1994 1993 1992 $102,191.00 $99,506.00 $106,049.00 $87,700.00 $86,650.00 $121,116.79' $103,945.60 $101,728.40 $79,931.19 $87,140.17 119% 104% 96% 91% 101% * Grant dollars for traffic and alcohol enforcement. MEMORANDUM TO: FROM: RE: DATE: Stephen Arkins, City Manager R. J. Winkelhake, Chief of Police USE OF WEAPONS February 12, 1997 The following officers reported that they drew their weapons in 1996: BADGE NUMBER AGE EXPERIENCE 35 4 32 8.4 14 1 3O 1.3 20 5 27 1.3 45 1 36 5.4 85 4 30 6.6 53 1 29 1.3 46 2 31 5.3 33 5 34 9.5 28 2 37 12.3 3 3 26 3 38 5 25 1.3 54 1 25 .75 24 1 37 13.5 48 1 29 4.3 34 3 34 8.25 INCIDENCE Car Burglary Suspect Building Suspects-3 arrests Subject with gun Felony Traffic Stop Subject with loaded gun Subject with knife Fight - reported weapon Building Search Federal warrant Arrest Subject with knife (2) Felony Traffic Stop Building Search Subject - reported with gun Building Search Building Search - 3 arrests Burglar suspects Armed Subject Subject with gun Felony Traffic Stop Arrest Fight - reported weapon August 30, 1996 Felony Traffic Stop Arrest Building Searches (3) Building Search Building Search Arrest Felony Traffic Stop Building Search (2) NAME NUMBER AGE EXPERIENCE INCIDENCE 26 3 31 3.9 Arrest Felony Traffic Stop Building Search 27 1 40 12.41 Burglary Suspects 43 1 35 5.41 August 30, 1996 21 1 36 14.25 Building Search - Arrest 96 1 39 17.9 Federal Warrant 93 2 54 25.75 Building Searches (2) 36 2 40 7.75 Burglary Suspects Building Search 97 4 40 1 8.25 Building Searches (3) Federal Warrant 25 1 43 12.41 Federal Warrant 37 2 '42 7.16 Arrest Subject with gun 42 2 27 6.25 Armed Subject Building Search 18 1 39 15.25 Federal Warrant 49 3 37 2.75 Arrests Building Searches (2) 22 1 39 13.5 Building Search 32 2 30 2.75 Subject reported with gun Subject with knife 9 2 43 19 Building Searches (2) 47 2 28 4.3 Building Search (2 arrests) 86 1 51 26.67 Building Search 2 1 26 1.25 Felony Traffic Stop 82 2 36 14.3 Building Searches (2) 50 4 24 1.25 Building Search (2 arrests) Burglary Suspects Fight - reported weapon 99 1 43 18.25 Building Search 12 4 24 .5 Arrest Fight - reported weapon August 30, 1996 Federal Warrant Of the incident reflected in this report, one incident was during the day watch, sixteen incidents were during the late night watch (11-7), and eleven were during the evening watch (3-11). The report covers eighty-three times in which thirty-eight officers reported to have displayed a weapon. Sixteen officers displayed a weapon one time Ten officers displayed a weapon two times Four officers displayed a weapon three times Five officers displayed a weapon four times Three officers displayed a weapon five times Average Average Yrs Age Experience 33.75 9.4 40.80 10.47 32.00 4.45 30.00 7.0 28.70 '4.1 The average age and experience for officers assigned on the watches as of the beginning of 1996 were as follows: Day Watch Evenings Late Nights Age Experience Age Experience Age Experience Supervisors 46.5 15.5 41 17.5 43.5 20 Officers 42.4 16.16 34.2 6.46 36.38 9.5 Officers who were in training or were hired during 1996 averaged 25.6 years of age with 14+ years of formal education. The younger officers generally prefer to work evenings and late nights at the same time the labor agreement provides for the more senior officers the opportunity to work the day watch. The vast majority of the calls which tend to result in officers displaying their weapons occurs on the late night and evening watch. Additional information from 1994 and 1995 will provide data from which possible trends may be determined. MEMORANDUM TO: FROM: RE: DATE: Stephen Atkins, City Manager R. J. Winkelhake, Chief of Police CITIZEN COMPLAINTS February 12, 1997 I spoke with and asked the supervisor to provide a brief memo in which the supervisors were to attempt to recall the number of citizen complaints they were involved with during 1996. The best estimates of the supervisors ranged from zero to about two per month. However, three of the supervisors were able to determine the exact number 0, 4, and 12 for the entire year. The other supervisors estimated the number. Five of the supervisors are relatively new to their positions and have had little experience in dealing with citizen complaints. The twelve complaints that Captain Harney handled were concerns raised by citizens which were not resolved by the watch or unit supervisors.. The supervisors referred the citizens to Captain Harney. The vast majority of the citizen complaints are resolved at the supervisors level. The supervisors have suggested that a better term to use is inquiry rather than complaints because many times the citizen is asking a question about a law or procedure, rather than the conduct of an individual officer or employee. Some of the responses from supervisors about the type of complaints or concerns are as follows: 1. "Why did I get a ticket and the person beside or near me did not?" 2. "Don't the officers have better things to do?" 3. The five biggest problems that were addressed were under the following five general categories of complaints: a. Complaints of why it took the officers so long to respond to a call were of common concern. b. Problems of why a person had received a parking ticket or had their vehicle towed were also addressed. c. The question of officers speaking to a person in an official or rude manner were fielded. Generally these inquiries were based on a feeling. The complainant would say that the officer made them feel in this manner or in some negative way. d. Another common complaint was from friends of someone that had been arrested. Usually they would claim that their friend had done nothing wrong and they wanted to know why t~ey had been arrested. e. The last category of complaints come under the listing of why do we do what we do in that manner. This last field is usually the easiest to handle as a simple explanation of how we resolve a problem is sufficient for the complainant. Most the complaints I have handled have been resolved simply by explaining police procedure or clearing up a misunderstanding between the citizen and the officer. Most of the complaints/concerns revolve around better communications regarding procedures. One method we have utilized to foster a better understanding of procedures is the Citizen's Police Academy. MEMORANDUM TO: FROM: RE: R. J. Winkelhake, Chief of Police P. L. Harney, Captain, Field Operations OPEN DOOR - DODGE CLEANERS - 8128196 DATE: February 12, 1997 Regarding the open door incident at Dodge Cleaners, located at 227 1st Street. in Iowa City. The incident occurred at approximately 0513 on August 28, 1996. The late night officers were investigating a burglaw at 601 Hollywood Blvd. and an open door at Pyramid Services on Highland Court. At approximately 0513 bicycle officer Christopher Akers discovered a door standing open at Dodge Cleaners. He radioed into the Emergency Communications Center advising them of the open door. Officer Sammons and Lieutenant Sellers responded to assist Officer Akers in the checking of the building for possible intruders. Just inside the open door the officers found a small entry area with a door to the left which was locked and two doors which are side by side straight ahead. Of the two, the one to the left was locked (later found to lead upstairs) and the door to the right was unlocked. The unlocked door led into a hallway and then into the cleaners work area. Officer Sammons positioned herself outside at the Northeast corner of the building where she could observe the open door which faces north and a door that faces the east. The east door opens into the business customer service area. Officer Akers and Lieutenant Sellers entered the door and proceeded to check the business working area for any possible intruders. While checking the business, Lt. 'Sellers and Officer Akers were approximately halfway through the area when an audible alarm sounded inside the building. The alarm sounded at approximately 0522. They completed the building search and exited the building. As they exited, they observed a male lying on the ground just outside. the door. Officer Sammons was about 5-8 feet away with her gun drawn and pointed toward the ground. The male was wearing under shorts; he was later identified as Mr. Earl Baugh, the manager of Dodge Cleaners. Shortly after the alarm had sounded the male exited the building from the same door that the officers had entered. Officer Sammons was not familiar with the interior layout of the building. As such Officer Sammons' ordered Mr. Baugh to the ground until Officers Akers and Sellers exited the building. At that point, Mr. Baugh was let up and he was identified as the manager. Officer Akers accompanied him to his upstairs apartment and obtained proper identification. Officers also were informed by Mr. Earl Baugh that he and his wife, Cadetha reside in the upstairs area. It had been determined that there had not been an illegal entry or intrusion to the building and that the door had not been properly secured that night and it somehow came ajar during the night. On the morning of Wednesday August 28, 1996 I was informed of the incident by Officer Christopher Akers when I reported for duty at approximately 0630. Officer Akers had explained to me as to what had transpired and said that I may receive a call from the Baughs. This type of concern is my responsibility to handle and I made note to review the matter with the Watch Commander. On Tuesday, September 3, 1996 I received a telephone call from Cadetha Baugh at approximately 0810 a.m. Carletha explained to me that their business alarm had sounded during the early morning of August 28. Her husband, Earl, had gone downstairs dressed only in his under shorts to reset the alarm. As he exited the building, he was confronted by Officer Sammons at gun point and she told him to get on the ground. Cadetha said that Earl tried to explain who he was, however, he was told to get down. He did get down on the ground and remained there until the other officers exited the building. At that point, he was allowed to get up. Cadetha Baugh stated that she felt that the officers had overreacted and that she had encouraged her husband to call the police department and talk to someone about it. Carletha told me that Earl didn't want to make a big deal about it and said that the officers were only doing their job. She then said that they would like to have the supervisors and officers come to their business to meet the officers so that the officers would recognize them and know that they reside there. I advised her that I would make those arrangements with the watch commander (Lt. Sellers) and I would call her back for a date and time. I then advised Chief R. J. Winkelhake as to what had occurred and as to what Mrs. Baugh had requested. I also advised Chief Winkelhake that I was making the arrangements for a meeting with the late night officers. The Chief concurred. On the morning of September 4, 1996 Chief Winkelhake advised me that he had received a telephone call from Channel 9 TV news reporter Mike Wagner, who was inquiring about the Cleaners incident. At 1:30 p.m. September 4, 1996 I telephoned Dodge Street Cleaners to speak with Cadetha Baugh, with the intent of arranging the meeting with Lt. Sellers. After Cadetha answered the phone, she handed the phone to a person who identified himself as Attorney Tom Riley. He said that Mr. and Mrs. Baugh had contacted him to discuss their rights and the issues. I advised Mr. Riley that I had called to arrange the meeting that Mrs. Baugh had requested, however, due to the situation at hand that they would need to discuss it and get back to me if they still wished to have the meeting with the officers. I then advised Chief Winkelhake of the current situation. On September 6, 1996 I received a telephone call from a male who identified himself as Lester (last name unknown) and he stated he was with the Tom Riley Law Firm. He said that they were reviewing the incident and that they did wish to proceed with Mr. and Mrs. Baugh meeting with the night officers. Arrangements were made and Earl and Cadetha Baugh came to the police department and met with Lt. Sellers and the late night officers. I do not have the date that the 'meeting took place, however, it was shortly after the September 6 telephone call from the Riley Law Firm. Wednesday, August 28, 1996 0630 Captain Harney advised of incident by Officer Akers. Captain Harney made note of incident for review. Tuesday, September 3, 1996 0810 Captain Harney received a telephone call from Cadetha Baugh Captain Harney advised Chief Winkelhake of phone call from Baugh Wednesday, September 4, 1996 AM Chief Winkelhake received a telephone call from Mike. Wagner reference the incident Wednesday, September 4, 1996 1330 Captain Harney called Carletha Baugh and Attorney Tom Riley was there and talked with Captain Harney Friday, September 6, 1996 Call to Captain Harney from Lester ? who identified himself as being with Tom Riley Law Firm. Said to proceed with meeting Date unknown Meeting took place at Iowa City Police Department with Lt. Sellers and late night officers OSHA GRAY DAVIDSON 14 SOUTH GOVERNOR STREET TO: ChiefR. J. Winkelhake ICPD IOWA CTTY IOWA 52240 USA Tel: (319) 338-4778 Fax: (319) 338-8606 osha~pobox. eom 10 February 1997 Dear ChicfWinkclhakc, Could you please send me a list of all internal reviews concerning use of force complaints filed since the time you first arrived in office. , Thank you for your cooperation, Sincerely, MEMORANDUM TO: R. J. Winkelhake, Chief of Police FROM: P. L. Harney, Captain Field Operations RE: INTERNAL REVIEWS DATE: February 14, 1997 I began conducting internal affairs investigations during the year 1991. Following is a list of the investigations which had some type of use of force or use of force connotations. 1996 Three instances: a. Officer took hold of persons arm. b. Person fell off bicycle while intoxicated - Relative felt officers may have caused his injuries. c. Weapon incident - Shaw case. ~995 Ten instances: a. Complaint of attaining bruises from being pushed into squad back seat when arrested. b. Officer accused of bumping citizen while closing a door. c. Complaint of attaining bruises when taken to jail. d. Complaint of being injured and bruised by officers while they were enforcing a child custody order. e. Complaint of being bruised while being arrested. f. Complaint of sustaining a knee injury while being arrested. g. Complaint of bruised arm while being arrested. h. Complaint of unreasonable force by being handcuffed and taken to hospital for other medical reasons. i. Unknown citizen complaint of observing a person being placed on the ground and possibly kicked during an arrest. j. Complaint of being bruised and handled roughly at jail after an arrest. ~994 Four instances: a. Complaint of bruise on shoulder when placed on the ground during an arrest. b. Officer unjustifiably struck complainant several times with PR-24 during arrest. Complaint that officer used to much force during an arrest. Officer unjustifiably struck complainant with PR-24 several times during an arrest. ~993 Two instances: a. Complaint that officers used two much force while arresting him and was arrested unnecessarily. b. Complaint of a bruised ankle and other bruises after running and being caught and taken to the ground. ~992 No complaints pertaining to the use of force. ~99~ Five instances: a. Complaint of too much force being used during his arrest, and attaining bruises. b. Complaint of being pushed against police car during arrest and it was painful. c. Complaint of attaining scrapes and bruises when taken to the ground during a foot chase. d. Complaint of being pushed into the back seat of a squad car after an arrest, attaining bruises. e. Complaint of being physically directed to sit down by an officer. 990 One instance: a. Complaint of use of force during arrest. 989 One instance: a. Complaint of use of force by officer. IOWA CiTY POLICE 1997 R. J Winkelhake Chief Patrick Harney Captain Tommy Widmer Captain Ronald Fort Lieutenant Rick Wyss Lieutenant Oanny Sellers Lieutenant Matthew Johnson Lieutenant Kevin Heick Sergeant Vicki Lalla Sergeant James Steffen Sergeant James Linn Sergeant Bill Campbell Sergeant Christopher Akers Officer Paul Batcheller Officer Kevin Berg Officer Jerry Blomgren Officer Mike Brotherton Officer Dave Brucher Officer Bill Campbell Officer Ralph Cox Officer Jenny Davis Officer Mike Delaney Officer Dan Dreckman Officer Dave Droll Officer Steve Duffy Officer Steve Fortmann Officer Robert Gass Officer Ronnie Gist Officer David Gonzalez Officer Robert Happel Officer Doug Hart Officer Kevin Heick Officer Mark Hewlett Officer Bill Hoeff Officer Harry Huff Officer Greg Humrichouse Officer Kevin Hurd Officer Sid Jackson Officer Paul Jacobs Officer Troy Kelsay Officer Steve Kivi Officer Gerry Knock Officer Brian Krei Officer Marty Leik Officer Erik Lippold Officer Mike Lord Officer Jon Luellen Officer Larry Maurer Officer Edwin McMartin Officer AI Mebus Officer Scott Miller Officer Daniel Moore Officer Joel Myers Officer Dave Nixon Officer Tony Noble Officer Cathy Ockenfets Officer Deb Petersen Officer Kristen Platz Officer Kevin Prestegard Officer Becki Sammons Officer Ed Schultz Officer Denise Shaffer Officer Chuck Singleman Officer Don Steva Officer Darin Zacharias Officer DEPARTMENT ROSTER ' ~OWA CITY POLICE DEPARTMENT ROSTER 1996 R. J Winkelhake Chief Patrick Harney Captain Oenald Strand Captain Ronald Fort Lieutenant Tommy Widmer Lieutenant Danny Sellers Lieutenant Matthew Johnson Lieutenant Richard Wyss Sergeant Vicki Lalla Sergeant James Staffen Sergeant James Linn Sergeant Craig Lihs Sergeant Christopher Akers Officer Paul Batcheller Officer Kevin Berg Officer Mike Brotherton Officer Dave Brucher Officer Bill Campbell Officer Ralph Cox Officer Jenny Davis Officer Mike Delaney Officer Dan Dreckman Officer Dave Droll Officer Steve Duffy Officer Steve Fortmann Officer Robert Gass Officer Ronnie Gist Officer David Gonzalez Officer Robert Happel Officer Doug Hart Officer Kevin Heick Officer Mark Hewlett Officer Bill Hoeff Officer Harry Huff Officer Greg Humrichouse Officer Kevin Hurd Officer Sid Jackson Officer Paul Jacobs Officer Troy Kelsay Officer Gerry Knock Officer Brian Krei Officer Marty Leik Officer Erik Lippold Officer Mike Lord Officer Larry Maurer Officer Edwin McMartin Officer AI Mebus Officer Scott Miller Officer Daniel Moore Officer Joel Myers Officer Dave Nixon Officer Tony Noble Officer Cathy Ockenfets Officer Deb Petersen Officer Kristen Platz Officer Kevin Prestegard Officer 8ecki Samrnons Officer F_d Schultz Officer Denise Shaffer Officer Chuck( Singleman Officer Don $teva Officer Darin Tacharias Officer Rick Banta Officer Frank Cummings Officer Tony Moody Officer Ray Reynolds Officer Vernon Coates Officer Jeff Gillaspie Officer :OWA CiTY POLICE 1995 R J Winkelhake Chief Patrink Harney Captain Donald Strand Captain Ronald Fort Lieutenant Tommy Widmer Lieutenant Danny Sellers Lieutenant Matthew Johnson Lieutenant Richard Wyss Sergeant Vicki Lalla Sergeant James Steffen Sergeant James Linn Sergeant Craig Lihs Sergeant Christopher Akers Officer Rick Banta Officer Paul Batcheller Officer Kevin Berg Officer Mike Brotherton Officer Jenny Brown Officer Dave Brucher Officer Bill Campbell Officer Vernon Coates Officer Ralph Cox Officer Frank Cummings Officer Mike Delaney Officer Dan Dreckman Officer Dave Droll Officer Steve Duffy Officer Steve Fortmann Officer Robert Gass Officer Jeff Gillaspie Officer Ronnie Gist Officer David Gonzalez Officer Robert Happel Officer Doug Hart Officer Kevin Heick Officer Mark Hewlett Officer Harry Huff Officer Greg Humrichouse ' Officer Kevin Hurd Officer Sid Jackson Officer Paul Jacobs Officer Troy Kelsay Officer Gerry Knock Officer Brian Krei Officer Marty Leik Officer Erik Lippold Officer Mike Lord Officer Larry Maurer Officer Edwin McMartin Officer AI Mebus Officer Scott Miller Officer Tony Moody Officer Daniel Moore Officer Joel Myers Officer Dave Nixon Officer Tony Noble Officer Cathy Ockenfels Officer Deb Petersen Officer Kristen Ptat, z Officer Kevin Prestegard Officer Ray Reynolds Officers Beck~ Strommet Officer Ed Schultz Officer Denise Shaffer Officer Chuck Singleman Officer Don Steva Officer DEPARTMENT ROSTER Paul Sueppet Sergeant Io, IO{A CIYY CLERK F]om, 3o Ho~a]t¥ 2-1{-97 ~,33pm p. ~ of ~ For Immediate Release For More Information Call Bob Welsh 354-4618 SOCIAL WELFARE BOARD TO MEET The Johnson County Cluster/Social Welfare Board will meet Wednesday, February 19, 1997 from 4:00 PM-6:00 PM at the Department of Human Services, Conference Room, 911 N. Governor. The Board has set this time frame to make it possible for persons who have concerns and suggestions to share them with the Board. · Items on the agenda include updates and discussion on: 1) Welfare Reform, 2) Public Forum on March 6th, 3) County Budget for Human Services for FY .'98, and 4) The Innovation Zone Application to be submitted by February 28, 1997. The members of the Johnson County Cluster/Social Welfare Board are: 'Mary Blumenstein, Don Drake, Barbara Smith, Sarah Van Gilder, and Bob Welsh, ·Chair. Persons who have questions and concerns about programs, policies and procedures of the Department of Human Services are invited to attend the meeting or to call Bob Welsh, 354-4618. FROM PAGE ONE Artist's family, friends on restless quest Iowa City officials want the college town's residents to put Eric Shaw's death behind them, but one wrote, 'Before there can be any healing, the wounds have to be cleaned.' CONTINUED FROM PAGE 1 was a figore in front of me ... I wasn't expecting anybody behind ~he door. There was a flash of movomon(. [ lhink wo slartled one :1110{hol'. My gill/ WOlI{ 0[~. I lievet Ill:ldo ;I COl/s('iOtlS docisiml [o eVOll pull tim lriggm'," said h)wa Cily p,,li,'e ~dTJoor ,IolTroy Gillaspic ill a -WOl'11 ~{:I~PlllOI1~ J~ days ~/['{of the l)avid }{I]1iJhl el' lyes Mohlos ,,v3x IIw ['l'iplld Oil the ojJIOl' Olld Ol' lh~' 1Jim WhOll Stlaw was shol ~o .Ioalh. [Iv had been consol Jug %h/tw. wile W;lS (JJgJ]'allgJlJ OVOF an ;11'~,.1111/OllJ wilh his girlfriend. lhltiila lyered Shaw had com- ,{nilh'd suicide. AFter hearing the ~Jlol and ]ils J'l'Jelld's screams, Butilia called Iowa Cily police, who wouhl to/1 him only' lhat they already Jlad offJoel's Oll JJle scene. "11 wasn'l unli/ 9:30 {he ilext tllOl'llJllg Ilia{ lhe slale poJic~ WellJ tn l)avo's hol]se and loht him that lyelice had fired the shot that kfihM Eric." ,lay Shaw said. . Allot a lengthy investigation l,,'al and state police, ,1ohnson (%11111V I)I'oSPCHI(W thdri(:lq While, who oarlira' ha(I h,]'lnOd lhe !lie "1111jll>:iJ[Jvd." Je;ll'fllJJy I;ll];ispio had bern] n('gligeH1 and t~;~d 11(~I J'rdl{~wod proper proce- dill'{,, 11~ ,'i'}111iD;t] chaFgeS wmdd I., filed ilg;lil/ql the police officer. "11,' panick(,d. lie overreacted :~,1 insPire'lively pulled lhe lrig- F.m'. ;m(l ]m should IloJ have." the J~rosecuJof said lasl week. "tie was guilly .f I~('gJJ~u~rleO, and j~,}li~'~, 111:lllll*aCli('o. [[o CallSOd ~trOllgf'111 (1o:11Jl. alld lie used d.mlly f'm'co willmul }11siil'icatiOll, 1,,11 3w did 11~J Jlav(' a will~l and X~:~IlI{)11 (JJsr*Pg;~l*d [',)r hlllllall lifo ,-viminn] (lilies;Ill('. ;I lhl'OO Vt'~11' was instead allowed to resign fi'om {lie oily police delmrhnonl. To the oulrage of Shaw's aggrieved family, cily officials then called Dr the residents or Iowa City to begin the healing process. Nearly six months later, tlmt has not hap~n~. There will be no closure in this tragedy until Shaw's family and other efttics or the shooting and the events surrounding it can gd something approaching justice, they ~id. As it now stands, too many questions remain concerning how this talented and enterprising young man came to be shot to death in his own studio by a police officer. "BeDre there can be any heal- ing, the wounds have to be cleaned, and nntil t~at is done, this is going to Dster," said Iowa City writer Osha Gray Davidson, a co-Dunder of the Citizens for 'Justice and Accountability in the Death or Eric Shaw. The group has joined the vielira's parents in asking Dr a Dderal civil rights investigation of the killing. Davidson, 8haw's ramfly, and other critics point out that Gillespie initia~y eNimed that ~e had mistaken the telephone in Shaw's hand Dr a gun and fired in serf. defense but later changed his story to say that he acciden- ta~y fired his .40 caliber hand~n when he "flinched.". A grand jury should have been i AP phok~ Blossom and Jay Shaw look at one of their son's works. The county prosecutor says they "need to accept... they will never get adequate justice." allowed to consider Gillaspie's varying account and also ask him why police rushed into the studio rather than following safer proce- dures such as calling the build- ing's owner or surrounding it and demanding that anyone inside come out, Davidson said. bast week, two residents who were impaneled as grand jurors at the time of the Shaw killing said they had been so dismayed by Whlte~s~deei, lon not.'to put'the matter before them that they ecru sidereal convening their own grand jury investigation, which Iowa law permits. White moved quickly to dis- courage them, they said. "He told me that I did not know what I was doing, and he said, 'You are tinkering with people's lives and you need to be cautious,' "said grand jury panel member Lori Klockau, 42, an attorney who worked in White's office as a law student. White last week denied any attempt to intimidate the grand jurors, but he said he did commu- nicate to them that he felt conven- ing an investigation into the Shaw killing "would be unnecessary, unwise and unadvisable." · The 15-year veteran prosecutor offered that "not every wrongful death is a crime" and that the Shaw family "needs to accept the reality that they can never get adequate justice for the wrongful death of their son." White's critics think otherwise, and they have asked for justice at the federal level. A10verbaugh, spokesman for the U.S. attorney's office in Des Moines, said last week lhat his office a~nd lhe Jus- tice Department's civil righis divi- "Issues never go away in Iowa City. We are still arguing over urban renewal and parking ramps," said City Manager Sieve Arkins, who came to Iowa City 10 years ago after holding the same position in northwest suburban Sehaumburg. "This is a town of scientists and I)hilosophers and wrilers who Commerce calls city leaders lnur- derers and liars and spews them with profanity. It is a struggle to remain con- trolled, or to deal with grief, when his sows death has gone unpun- ished, Shaw said. "We know this was not premeditated murder ... bul these officers acled in a )nan- riot thai was so dangeroils Jl was sion in Washington will decide d(?mand prooF," he added. "(The incvital)h) that J/my would kill whether to conduct a feder.~t Sh.~,~killing) is an issue that. someone, ~nd j~r:' in~'csl igat'l'on ':intb"~e ,=;~.n~:~ ~.i~-s'g., man y:: *J u dg' ' mount tG' m~//r~/T/ii.m "~ shooting. ments~good and bad--and no said Shaw. ' Next week, the City Council will meet with citizens to discuss con- cerns about the case that are aired almost daily in letters to the editor and other forums. Some critics have called for the resigna- tions of key city officials while others have defended the city's actions and said it is time to move on. "This city has become divided over this," said Davidson, 42, who resigned from the towo's human rights commission to protest the shooting. Home to the university of Iowa and its internationally renowned writer's program, Iowa City has a strong intellectual presence for a rural community of only 60,000 residents, which makes for dose scrutiny of public officials and often vociferous debates over pub- lic policy. solid empirical evidence. You would }Lave to get inside the police officer's head to know why this happened." Atki~ is but one city official who has been under heavy fire by critics, who wear stickers with question marks pinned to their coats during cmffrontational meet- ings with city officials. The most visible and vocal crit- ics are Eric's parents, Jay and Blossom Shaw, both 55, who move through this town and their daily lives like tormented spirits as they fight to keep their son's wrongful death in the public eye. Tall, pale and haggard, Jay Shaw has chronicled both his anger and his sorrow in the local newspapers. Occasionally, the anger wins out when this respected businessman and long- time member of the Chamber of The parents filed a wrongful death suit seeking more than $3 million for the killing. The city quickly settled the suit for $1.5 million earlier this month, but the Shaws say the money has done nothing to ease their grief. "I just want my son back. I just want Eric," said a tearful Blossom Shaw, who with her husband moved to Iowa City years ago to attend the writeifs program, but gave up her writing career to care for Eric and his sister, Alissa. Blossom Shaw said those who keep telling her it is time to deal with her grief and to move on are missing the point. "Injustice is something that you do not get over," she said. "That is what scares )ne the most because I don't know how we are ever going to live with that.", Crime' · With communism's fall, gangs quickly emerged thoughout East Europe. CONTINUED FROM PAGE 1 these new democracies is suffer- ing because of increasing crime. If the police don't respond, people will lose faith in the system. There's a real chance they would revert back to the systems they had before," said Pledger, who is now retired. In addition to the role-playing l~chniaues that Anderson special- money laundering, pyramid scams and credit card fraud--crimes vir- tually unknown during the com- munist era--have flourished in the newly-liberated East European economies. The most aggressive criminal enterprises first appeared in Rus- sia and several of its former republics. They quickly expanded westward, first to Poland, Hun- ized and ill-equipped to handle the unanticipated onslaught of orga- nized crime. At the academy, the rebuildin~ program starts with the basics. "First thing we give them is ~ conrse we call 'Human Dignit~ and the Police,'" said Pledger "They have to nnderstand that ~ police department in a democrac~ has to tie open and accountable We emphasize ethics, internal con trols and hmnan rights." This is where Anderson's actin~ experience comes in. Using a tech nique called role playing or "socio. drama," Anderson and Ray Pitts To: IO~A CIT? CLE~ From: Jo BogatL¥ Z-19-97 8:Ham p. Z of 4 Jdmsoa Colm~ Sally Slutsman, Chairperson Jo~ Bolkcom Charles D. Duffy Jonalhan Jordahl Stephen P. Lacma BOARD OF SUPERVISORS February 20, 1997 FORMAL MEETING Agenda 1. Call to order 9:00 a.m. 2. Action re: claims 3. Action re: formal minutes of February 13th. 4. Action re: payroll authorizations 5. Business from the County Engineer. a) Action re: acceptance of track quote for a Ford m the amount of $61,352. This truck is for hauling and snow removal purposes. This is a replacement vehicle. b) Action re: Resolution 02-20-97-1 Road Embargo. c) Other Business from the County Auditor. a) Action re: permits b) Action re: reports Other Business from the Planning and Zoning Administrator. a) Final consideration of application Z9660 of Marvin Gregor. 913 SOUTH I~JBUQUE ST. P.O. BOX1350 IOWA CITY, IOWA 52244-1350 TEL: (319) 356-6000 FAX: (319) 35645086 To: I0~L CITY CLERi Fr~e: Jo BogarLy 2-1g-g7 8:$4aa p. 3 of 4 Agenda 2-20-97 Page 2 b) Final consideration of application Z9662 of Brad Amendt. c) Final consideration of application Z9663 of Richard Borchard. d) Other 8. Business from the Assistant Planning and Zoning Administrator. a) Discussion/action re: the following Platting application: Application S9679 of David and Susan Schmidt requesting preliminary and ['mal plat approval of Black Diamond Addition, a subdivfision described as being located in the SE 1/4 of the SE 1/4 of Section 28; Township 79 North; Range 7 West of the 5th P.M m Johnson County, Iowa (This is a l-lot, 3.103 acre, farmstead split, located on the south side o£ Black Diamond Road SW, one mile west of Highway I SW in Union Twp.). b) Other 9. Business from the County Attorney. a) Report re: other items. 10. Business from the Board of Supervisors. a) Motion authorizing Chairperson to send letters and certificates of appreciation to Computer Needs Committee members and the GIS Study Team. b) Motion to appoint Bumell Chadek as S.E.A.T.S. Interim Director effective, February 23, 1997. c) Motion accepting Mary Dolezal resignation from the Johnson County Task Force of the Heritage Area Agency on Aging and authorize Chairperson to send a letter of appreciation. d) Motion accepting William Kelly resignation from the Johnson County Historic Preservation Commission and authorize Chairperson to send a letter and certificate of appreciation. e) Motion to hold the formal meetings on the second Thursday of the month at 5:30 p.m. starting with the month of April. To: IOUA CITY CIZRI rroe: Jo BoOarty 2-19-97 8:54aB p. 4 of 4 Agenda 2-20-97 Page 3 f) Motion to hold an informal strategic planning session Monday, February 24, 8:00 a.m. at Wetherby's, 1210 1st Ave., Coralville, Iowa. g) Motion to hold a joint meeting with Johnson County Township Trustees March 18, at Montgomery Hall, Johnson County 4oH Fairgrounds. h) Motion authorizing letter of commitment requesting designation of Innovation Zone. (Application requesting designation is subject to revisions. This application is in response to legislation regarding Welfare Reform addressing families and children.) i) Motion authorizing Johnson County to act as fiscal agent for the "Children-At-Home Pilot" grant. ( Grant Amount is $20,520. This grant purpose is the provision to admimster a voucher payment program for families with a child with a developmental disability to access the services and supports necessary to enable the child to remain living in the family home.) j) Motion authorizing the County Attorney to draw up an amending resolution stating the makeup of the Information Services Advisory Committee addressing the what and when activities. k) Other ! 1. Adjourn to informal meeting. a) b) c) d) e) Inquiries and reports from the public. Reports and inquiries from the members of the Board of Supervisors. Report from the County Attorney. 4:15 p.m. Business from county employees re: concems of proposed extended county office hours./discussion Other. 12. Adjournment. J. Patrick White County Attorney Office of the Johnson County Attorney Johnson County Courthouse · 417 South Clinton Street · P.O. Box 2450 · Iowa City. IA 52244 Phone (319) 339-6100 · Fax (319) 339-6149 February 18, 1997 Jeff Farrell Assistant Attorney General Hoover State Office Building Des Moines, Iowa 50319 Civil-Juvenile Oeoorah Farmer Min(X Criminal Day,el v Jar~ MI. y~e~s Jan C Walef'no~se Rivka ~ ~ D Re: Investigative report no. 9609424 Dear Jeff: This is a follow-up to my phone call of last week. The Iowa City City Council has, quite appropriately, now begun a policy review regarding the unjustified use of deadly force by an Iowa City police officer which caused the death of Eric Shaw. That death was investigated by the DCI and its case number is 9609424. Upon review of the report of investigation and in consultation with Special Agent in Charge Benson and Special Agent DeRooi, I determined that criminal charges did not lie against Officer Jeff Gillaspie. Agents Benson and DeRooi concurred in the decision not to charge. On October 3, 1996, contemporaneous with announcing the decision not to charge, I released a 33-page packet of informa- tion regarding the investigation and my analysis. I had stated early on that my goals included release of all relevant infor- mation as early as possible. I believe I met that goal with the packet released. As I am sure you know, the DCI was, at best, uncomfortable with the rather full release of information which I undertook. Be that as it may, members of the City Council, and perhaps the Council itself, still are asking for release of the full report. This letter requests that you review the report in light of my release and the significance of the case and consider whether any additional portions of the report could, in your judgment, be released. To whatever extent possible, if you could review the instant report and comment on its release in light of The Hawkeye v. Jackson, 521 N.W.2d 750 (Iowa 1994), that would be helpful. Jeff Farrell February 18, 1997 Page 2 It remains my view that all relevant information has already been released and that a literal, full report release would unnecessarily invade the privacies of several individuals. Your own consideration of this question, including whether further material could be released, would be appreciated. Thanks for your time and assistance. /dre enclosure cy: Steve Atkins Rick Benson Sincerely, J. Patrick White Johnson County Attorney James E Shaw 3118 North Summit Avenue Mfiwaukee, Wisconsin 53211 414 964-7248 Feln'uary 4, 1997 Mr. Larry. Baker Iowa City, Council Dear Mr. Baker: Thank you for questions that you asked at Saturday's C~ty Council meeting. I have wTi~n letters thanking you publicly. I trust that they will be printed but just in case they are not, I want to tell you that I appreciate the work and c~msideration you are giving this very, important matter. You seem to recognize that the public may not have received a fair representation of what happened. I don't want to ascribe to you thoughts that you are not having, but I want to say that your response to 1VIr. Thornb~rry when he larnbasted the thought of 'premeditation' was brilliant and right to the point. ' Let's determine first if he did it" I think you said, then we can decide what to call it. It will be a difficult to determine exactly what was done in the absence of having the wimesses in a court of law. But the testimony already on record of Mr. White (KCJJ radio interview), Mr. Benson (Pres~ Conference Oct 3), Officer Zacharia~, and Sergeant Jackson and the immediate testimony of Officer Gillaspie clearly indicate that to call Officer Gillaspie's pulling of the trigger, 'a flinch". ia a stretch. °A stretch' is also the characterization that Mr. White made of Officer Kels~;s belated testimony about scratches on the door. You will note in a careful reading of the transcripts that Mr. Keisay never once called thia an investigation of a possible burglar~.' in progress when he wa~ calling for back- up.. nor did he feel the need to ju.~tify his call for back-up with anything more than 'an open door'. At 23:43:05 Officer Kelsay had already made the determination that a police officer should go through that open door, however he did not 'want to go in, in plain clo~es". ]ames E Shaw 1 Larry Baker Lori's response at 23:43:10 is written as 'No'. Whether that is a question, or an affirmation of his decision. is impoasible to determine from a transcript. It is obvious that no objections were made regarding Officer KeLsay's decision to enter a building with no probable cause other than an open door. If that is true, then why, a/ter Eric was killed, did it become necessary to begin talking of % suspected burglary in progress". What changed? I have important questions which I would like to see asked. There are aspects of this case that I would like to see presented that are not yet on record. Will there be an opportunity to do that? But back to your specific queation about the movements and actions of Officer Gillaspie in the moments before he pulled the trigger. It is baffling how Kelsay, who was standing right next to Officer Gillaspie, managed to see nothing of Gi!laspie's movements prior to the pulling of the trigger but recounts great detail at many other important points. Kelsay heard the gun discharge but did not see what Gi!laspie ~id even though he reported seeing where the barrel of the weapon was just before it was fired. You will note on careful reading that Kelsay sometimes has to catch himself as he begins to describe something visually then backtracks and speaks in general tern~ or in terms of sound. Officer Kelsay's .statement dated 8/30196 of the shooting is covered in one phrase 'As he pushed open the door a gunshot was fired'. It is remarkable that at the most important point of this whole incident - a moment which most likely is seared into his mind - he dismist, es it with one passive phrase, 'a gunshot was fired'. I do not have a video tape of the passages that were read to you at the council meeting so I do not know if they were complete or even which ones were read so please forgive me if there is duplication. Seargeant Jackson's testimony. among others, adda'esses this subject, especially the early testimony. The later testimony includes various examples of backtracking on statements. $. Jackson ~94 Incident ~96047129 8/31 / 96 8:44am page 2 '1 asked Giilaspie what happened and he said he shot the guy. He said as he opened the door he saw someone, saw- their hands and something in their hands being rai.~d. [eft said he saw the objecf and shot. Jeff said the object turned out to be a telephone.' (emphasis added) James E Shaw 2 Larry Baker This is a far different characterization than the one Patrick White cho~e to present to the public. Now contrast what Sgt. lackaon ~aid on September 19, 1996 with his ~atement of 20 days before. $. Jackson #94 IAIR 96-10 9/19/96 05:17 page 2 "....he saw the per,~m, a person in a door and he was surprised or startled and saw his, saw some hand movement and he said ht shvt him. He, lgLmg retract that. he didn't say that he shot him but he said he didn't know it was a telephone, it was a phone. He said he saw a phone ,,tier he h~d shot him." (emphasis added) Notice that $gt. Jackson said again as he had done on 8/31/96 that Gillaapie said that he had shot Eric. This time however $8t. Jackaon retracted the part about shooting Eric. But one sentence later he again says that Gillaspie said that 'he had ,~hot him'. No mention of "a flinch" or "I didn't know the gun had discharged ~ or words to that effect. page 3 Sellers: Did you get the impression he might have thought it was a weapon? Jackson: Yes. page 4 Sellers: Did they indicate they'd said anything as they were entering the building? Jackson: From what, from what I could get from Troy's conversation and fr~'wn !eft's, there was no time at all. Please forgive my increduliLy but this is one of the most preposterous statements assodated with this case. Where did all the time go? Who was in charge of this time of which them was none at all? What ernerg~ncy took away all this time? Was it because all three of them were suppormd to be off- duty? Was it because they wanted to surprise ~ person they were hearing talking to someov. e~ (This of course ,has never been admitted but it would at least give some credulity to the statement, 'there was no time at all'.) Nothing said by the officers gives any justification for entering the building without announcing their presence. /ames E Shaw 3 Larry Baker February 12, 1997 Statement of Officer Zacharia~ August 30, 1996 Time 2346 As I approached them saw that Gillaspie had his weapon in his right hand along side his leg, ...... Gillaspie stepped in closer to the door from the east side and started to push the door open ...... Gillaspie opened the door slowly about a third of the way and was inching his way in ....... He would have been in the door frame. Gillaspie seemed to, all in one motion stand straight up and fire his weapon into the building. Officer Zacharias lAIR 96-10 9,'19/96 15:1;3 page 2 Zach: (GiUaspie) was right in about the door frame when all of a sudden it seemed to me he stood up and fired one shot. page4 Zach: (GiUaspie) had (the weapon) at his side and when he started opening the door. I believe he had it, pointed at the inside of the building. Fort: And the reaction you saw from him, just prior to the shot, was what? Zach: Just prior to the shot, he was opening the door, and I believe he was, like stood .~'traight up and almost in a backwm'd motion, urn, he stood straight up and pulled his hand up and fired. ~, 'Faking a look at these various accounts it is obvious that they are not describing a flinch. James E Shaw 4 Larry Baker The questions before you presently are related to the leadership qualities and abiUties of Chief Winkelhake and Steve Atkin~. Important to a determination of their leadership is the following: Iowa City's Law Enforcement Code of Ethics t 206 INTEGRITY: The public demands that the integrity of i~ law enforcement officer(s) be above reproach, and ~e di~mesty of n .~inole officer may impair public cortfidence and cast suspicion upon the entre Department. Succumbing to even minor temptation can be the beginning of a malignancy which may contribute to the corruption of other~. An officer mu~ scrupulously avoid any conduct which might compromise the integrity of the officer, a fellow officer, the Department, or the Cit3,. I true that you will specifically focus on this aspect of Chief Winkelhake's leadership. The question i$ whether the rllshoO~O, of ~he police chief impairs public confidence and casts suspicions upon the Depa,t-,,~ent and by extension the cit3.. of Iowa City. Iowa Citv's Law Enforcement Code of Ethics suggests that it doe~. Will a majority of the City Council members go on record as being in agreement that integrity is a necessary character trait of those in pceition$ of leadership? Thank you for looking into these very serious mat~ers. Please call or fax me if I can provide you with any additional info~iiiation or anawer any questions. Sincerely, James E Shaw James E Shaw 5 Larry Baker City of Iowa City MEMORANDUM Date: To: From: Re: February 18, 1997 Mayor and Cily Council City Clerk Council Work Session, February 13, 1997 - 9:30 a.m. in the Council Chambers Mayor Naomi J. Novick presiding. Council present: Novick, Baker (left at 12:35 p.m.), Kubby, Norton, Thomberry, Vanderhoef, Lehman (arrived 10:15 a.m.). Staff present: Atkins, Helling, Woito, Karr, Winkelhake, Dilkes, Holecek. Tapes: Reel 97-31, All; 97-32, All. POLICE POLICIES AND PROCEDURES UPDATE City Manager Atkins reported work is being done on the following reports: Reel 97-31, Side I · 1994-5 Police Records Review including number of time weapons drawn, by whom, age, and training; · Johnson County copy of Use of Force policy; · Field training officers' profiles; · Entire police department profile, including age, gender, years of experience, and rank; · Other cities' claims requests (Lehman); · Police chief update memos regarding watch commanders and how they undertake complaint review; and · Release of DCI report/freedom of information request. COUNCIL QUESTIONS & ANSWERS-POLICE POLICIES & PROCEDURES SEE A'n'ACHED MEETING PROCEDURE DISCUSSION Council discussed format issues for the Reel 97-31, Side I Meeting adjourned 12:52 p.m. procedures public discussion. Council directed City Clerk to allow citizens to sign up, beginning February 13, 3 p.m., to speak about the twenty-two recommendations outlined in police policies and procedures review and to accept presubmitted questions to be answered by Council at that meeting. Reel 97-32, Side 2 scheduled February 19, 1997 police policies and 1. Norton/There seems to be a lot of agreement that the policies regarding building search, open doors that were applied in this particular case are similar to those in many other communities across the state and perhaps further. It also seems to be agreed that those policies were largely derived from the program at the Iowa Law Enforcement Academy ([LEA) and reflect the training given there. Am I okay so far? Woito! Yes. Norton/Now, we do know about the policies. We do not know the detailed practices in other communities, that is how they would in fact dealt with exactly a similar situation. We obviously don't know that for sure. What concerns me as I look at the ILEA program or training with respect to crimes in progress, this may have not been reported that way but it seems to have been dealt to some extent with in that way. And more specifically with respect to building search I want to read a few points from there and then ask concluding questions. It says, "Extreme caution should be used in approaching and deploying at the scene." Just to highlight. "Robbery calls count for 21% of the annual police death toll. The officer should not rush in haphazardly but should analyze the scene and wait for assistance. The basic rule of robbery is . Do not enter the location initially. There are too Thi~ represents only a reasonably accurate transcription of the Iowa City council meeting of February 13, 1997 WS021397 February 13, ! 997 Council Work Session page many disadvantages. Who is the defender? How many are there? ffyou can't verify, the officer may need to approach the building and if possible, look inside. This can be extremely dangerous. It should be a last resort. Any other way of verification is much better. Entering the area risks a shoot-out with a danger to bystanders. It is difficult to distinguish between suspects and bystanders. Use caution." There is more under Building Searches. "It is not always easy to determine why the building is open. It is dangerous to make assumptions. Always check a building like it is occupied. fithere is any other reasonable option, do not go it, especially if you know someone is inside. Verbal challenge." It doesn't say anything other than just the word. "There are many reasons for doors to be open. One of the most common is owners forgot to lock up." Now, just given that sample of guidelines, what I am going to try to ask is this. Do you think that our applications of those policies, our implementation, if you wish, of those policies, right, on the occasion, was wise and appropriate and in line with these policies? Was it a wise application? Winklehake/I think you are reading two different things as well. Norton/Part of it is in there from Crimes In Progress and part of it is from Building Searches. But they all have that same tenor. W'mklehake/Part of what you were reading was from Robbery, right? Norton/This is a- well, part of it was under Robbery Calls, Crimes in Progress and pan of it was under Building Searches. But they all seem to me to have the same general- Winklehake/Robbery is quite different though than the other ones. Norton/Well, was this call- was this being treated that way to some extent. The officers seem to say so. Winklehake/When you go on a bank alarm, one of the things you don't want to do is go it. Norton/Okay. Winklehake/Okay. I mean that is the last thing you are going to do because you have people inside, hostage situation. When you are doing a building search or going to check for crime in progress, a burglary. Again, you will have- The officers will respond to the location and evaluate what they are seeing, what is going on and then make some decisions whether or not to proceed and what the next step is This represents only a reasonably accurate transcription of the Iowa City council meeting of February 13, 1997 WS021397 February ! 3, 1997 Council Work Session page 9 going to be. One of the things you talked about-verbalization. There are two different thoughts on ve~oalization and again, it is going to be the individual who needs to make that decision based on what they have in front of them at that time and their perception. Norton/I still ask the question. Do you think, given those guidelines and if you want to limit it to just the ones I read under building searches. Do you think it was a wise and appropriate application of those principles in the present case? Winklehake/I believe the office~ used some of the principles that were there. Obviously it could have been done better because somebody was killed. Norton/All right, a follow up. Why not- What is the matter with- It emphasizes cover to considerable extent here because you don't know what is happening. What is the matter with a bull horn from a protected position and say were are concerned, let us know? What is the matter with that? Wrinklehake/That is an option. It is generally one that is not used. Norton/It just strikes me as unbelievable that it is not used. Why do we have to move into the verbal challenge if you take dogs in? Winklehake/Because there you are sending the animal in and they will bite somebody. Norton/I understand there. Here you are sending an officer in. It seems to me analogous. You are sending an officer in with a gun e.g. a bite of considerable consequence. Winklehake/Hopefully they are not going to shoot someone. Norton/Okay. But it seems to me there that they use. warning. It just seems inconsistent not to use warning when some other form of checking out goes on. So I just- Well I still- That is a deep concern to me about, you know, all the policies seem to me fairly well articulated. Now I don't know how those-that training actually impinges on people. I don't know to what extent it is checked on and I am not quite clear, and I will come back to this later after my time is up, about how it is reflected in the training that we get during field training. Do people get actual simulated or real experiences in building searches following these principles? Winklehake/The field training that is done is in real situations generally. Norton/None of them are set up, in other words? They could be simulated, couldn't they? This represents only a reasonably accurate transcription of the Iowa City council meeting of February 13, 1997 WS021397 Febma~t 13, 1997 Council Work Session page 10 Winklehake/In field training, the process we use are real situations. Norton/Well, I will come back. Woito/But we're recommending that we do actual simulated training. My answer to your question is slightly different. I think the application for the building search in this case was not wise and not proper-not prudently used because of the result. Norton/I have- I will be back. Thank you. Nov/Karen. 2. Kubby/I have some questions about the internal report and in looking through it again, I realize that there are a couple- I don't know how helpful or not these things would be but wonder why they are not in there and one of them, there is not sketch of the crime scene. There is no- I mean, in a traffic report you kind of have a sketch of what happened and there is no real outline of where, exactly where people were. People talk about it in narrative but there is no sketch. Is that is something that is typically left out of internal investigations? Winklehake/Internal investigation, it could be. In this case it wasn't. We did not have control of the crime scene once we gave it to the DCI. We did not go in and make measurements or anything else that you would typically do for a crime scene sketch. We did not do that. We secured the scene for the DCI so their crime lab could do their work and I can't tell you whether or not they did it, the sketch. I have not seen the DCI report. Kubby/It seems like- I don't know how helpful it would have been for the internal investigators from the narratives. To ask people to say here is the building, where were you such and such. It seems like a fundamental piece that is missing. The other question is, is it- that there is no report from Gi!laspie himself. There is a statement but there is- He was still on the force and he made no report and why is that? Winklehake/The night that this occurred, he was in no condition to make much a statement at all and we had mental health officials with him at that time. After the DCI took over the investigation, they handled all of the investigation, including statements from Gillaspie and we did not go back other than through his attorney and he had an attorney at that time and that statement to the DCI with Pat White. This represents only a reasonably accurate transcription of the Iowa City council meeting of February 13, 1997 WS021397 February 13, 1997 Council Work Session page 11 Kubby/Is it because he was on administrative leave and that people on administrative leave don't do duties? W'midehakeff Oh, no. Administrative leave, you can ask questions and everything else. In this case there was also ~n attorney involved in it immediately. If we are going to ask questions, we are going to have to go through that attorney. Kubby/I understand about emotional distress and not being expected to write the report. But he was on leave for quite awhile and it seems that it would be important for one ofthe main players here to make a report, even if it is after. WinklehakeJ The report was made to the DCI, their investigation. Kubby/Through an interview?. Winklehake/Yes. Kubby/Yeak I still don't- Just I don't find that answer satisfactory but I got the answer, an answer. Nov/I am going to pass on this one. No, I am not going to pass on this one. I still have got questions on definitions. In one instance we are saying burglaSt and another instance I heard Dee Norton say robbery. Can you give us the dictionary definition of why those things are different? Winklehake/A lot of people use them interchangeable. There are different penalties. Woito/Criminal law. Winklehake/If you want to- Woito/It is criminal law and Dale can state it better than I can. Nov/Tell me how we can do it. Woito/Robbery is when you are in a building and you encounter someone who is committing a theft. Burglary is someone enters a building with intent to steal. Burglary or robbery is a far more heinous crime and ordinarily there is some threat involved. This was not called in as a robbery. Nov/All right. This represents only a reasonably accurate transcription of the Iowa Ci~ council meeting of February 13, 1997 WS021397 February 13, 1997 Council Work Session page 12 Woito/You explain it. You are the former cop. Helling/The main distinction is that robbery is from a person and burglary would be from the building. Norton/Premises. Nov/Okay. So if a robbery came in be would ask a person inside that building to hand over the money or whatever. If a burglar came in, we assume the building did not have any person in there other than the burglar. Winklehake/If an individual is in a building when the burglar arrives, there is an enhanced penalty for that. Atkins/Burglary can accelerate to robbery based on those circumstances. Winklehake/Your classic example would be a bank robbery, where someone goes in a bank and robs the bank. A burglary is breaking into your home or business. Nov/Okay. But if someone broke into the business while I am working there, it then became a robbery? Thomberry/If it is confi'ontational. Winklehake/It could be either. Nov/If it is confrontational. But ifI didn't know about it and I just continued working somewhere, then it wasn't? Woito/I think that sounds fair. Nov/Thank you. Go ahead. 4. Thomberry/In the ILEA trainer on Building Searches, if there was an open door you should consider the building occupied. And let me read one little paragraph, "When asked to whether the officers should or should not identify themselves or announce their entry," going back to Dee Norton's question." stated that announcing or identifying themselves eliminates the element of surprise." In any event, the option to announce or identify themselves is just one item on the checklist found in the handbook and covered in the ILEA training and is ultimately This reprtsents only · reasonably accurate transcription of the low· City council meeting of February 13, 1997 WS021397 February 13, 1997 Council Work Session page 13 left up the discretion of the officer based on the circumstances confronting the officer at the time. I think that is an important consideration of the officer investigating any burglary, robbery situation. In Karen's questions which were pretty good, you stated, Karen, that anytime a gun is drawn it should be done because the officer feels endangered and I have a question regarding that if you could help me out with this. Anytime a gun is drawn, it should be done because the officer feels in danger. If there were a injured deer, which most of the weapons drawn incidents come from, do you feel just because they have drawn their weapon, there should be down time after dispatching this animal or is it just within the confines of another person? Kubby/I personally would say if you have to shoot an animal, that there is some physiological changes that go on when you are taking a life, whether it is a human life or a deer or a dog and that maybe the down time should be a different- I am not a physiology- a doctor, I am not a psychologist to know if that is appropriate. But in my mind it would be appropriate to have some amount down time after that situation. I would find it and I think most people would find it somewhat disturbing to have to do that. Thomberry/Some people would and some people wouldn't and I believe that the people that would be opposed to using a gun at any time or feel threatened by the use of a gun probably wouldn't be police officers and I think that during- Larry. Baker/ Well, I was going to say I would like to have an opportunity where we can ask each other questions about our own feelings, I don't know how much time we can. spend cross examining each other. I would rather- Kubby/Well, I mean this is an idea that I have had for one of the solutions, one of the things we can do. Maybe we can talk about it more then. But-' Baker/I am not sure how fruitful that is going to be. Kubby/Well, I feel fine about answering Dean's questions. If that is how he wants to use his turn, that is up to the discretion of- Baker/I don't feel fine about us cross examining each other. I would rather deal with people in front of us. I do want to deal with us but at another format. Nov/All right, is there any feelings from other people about this style of question? This represents only a reasonably accurate transcription of the Iowa City council meeting of February 13, 1997 WS021397 February 13, 1997 Council Work Session page 14 Lehman/Well, I think you are going to get some incidental comments of that kind. But by and large it ought to be focused on the people in front of us and on the issues I think. I don't have any- Kubby/It could be at the discretion of the individual council member, how they choose to use their turn. Norton/No big problem. Nov/We will try and focus on the facts. Kubby/We should let Dean finish if he wasn't finished. I mean, if we are going to change the rules, we should at least let him finish. Nov/Are you finished? Thomberry/Yes, I am. Nov/If you have more to say, Dean- Thomberry/No (can't hear). 5. Vanderhoeff In your memo, Linda, on page 18 where it is talking about the "stonewalling position" and how that appears and that how defensible or not defensible'it is after an incident, some description which this certainly is and you had stated in your opinion that the city took action and the Police Chief took action to change the policy on the open door and because of the type of case that we have here, that it is stated by Mr. Gillaspic that he flinched. I find this an unusual kind of situation and we read in the rest of your literature that our open door policy is compatible with the training from the state and with other police departments. So are we to assess from this one case of the stated flinch, that our policy and practice must forever be changed? In other words, do we have to always announce or do something different because we have changed this now? And I am not saying that we shouldn't have some new training ideas or practices to happen. But I do have a concern for our officers that maybe in the way we have written the new policy, are we protecting our own officers and the people around us, Where I get into this is with the idea of securing and then trying to find an owner or someone to respond and the length of time that this takes and where is the line that we can change and move from what this new policy is saying to incorporate it with what has been the regular practice. In other words, without a warrant or without written or verbal consent. This represents only a reasonably accurate transcription of the Iowa City council meeting of February 13, 1997 WS021397 February 13, 1997 Council Work Session page 15 Woito/You have focused on only one affirmative step- Vanderhoef/On this particular one, yes. Woito/That the city and the Police Chief took and I outlined several affirmative steps and I did not specifically call out the PCRB which is pretty obvious. But I am not saying that you have to live forever with this new open door policy. I think that is one of the things that still needs to be discussed and if there are pros and cons of the current policy, if you are going to use it, we may want to obtain written consent and I am suggesting that we go to- If you have enough resources, you go to the three business calls that VanWyck suggested and try and learn more information. I am not saying that simply because we have taken one affirmative step in terms of changing the open door policy, that you are forever locked into that. I am not saying that at all. I pointed that case out to you simply to, as an educational point, for you people as policy makers and learning constitutional law. It is an important factor for you to know. Vanderhoef/Yeah, and I find this line in here because we made the change. Woito/It doesn't mean you are locked into it. Vanderhoef/And if the policy that we changed to now, R. J., maybe you can help me out with this a little bit on how the officers feel about this now because the policy has changed and right now they have all of these steps that they must go through and there is still times that personally I would want to be able to make an assessment of the situation and the old policy might be more appropriate. Woito/That is up to you as far as I am concerned. Vanderhoef/Well, R. J. Winklehake/At the present time with the policy we put in place, there are some downsides to it. Is one obviously that if an owner is in the building and something happened with you, we are not going to be able to make that contact for some time. That is one downside. The other one is it is a little bit more time consuming because you ~ ' have to have somebody there and they are trying to reach somebody. You always have the possibility that the information we have is outdated and that is the largest that we had with trying to get names of people to call. That is almost outdated from the time that you have it. Then I guess that is a decision that from your stand point, from city council, is one that I guess I would look for guidance. Do we want This represents only a reasonably accurate transcription of the Iowa City council meeting of February 13, 1997 WS021397 February 13, 1997 Council Work Session page 16 do this kind of activity where we will not search a building unless there is a very obvious break in such as the windows, the door is kicked in, coffee strewn about the place. You see somebody. Obviously then the officer are going to take some action. Until then, at the present time with the policy in place, they won't. They will try to contact you or somebody that is in the management of that company to come down before they enter the building. Vanderhoef/So you are saying that they are going to have to have some powerful evidence that will make them have an assessment that they must go in. Winklehake/Under the policy, that is one thing that has to be them. Other wise they can still contact the supervisors, the supervisor can come down and make a decision about entry into a building. Vanderhoef/So you are going to get a second opinion. Winklehake/There is additional steps to go through before they would ever go in a building. Vanderhoef/Okay. 6. Baker/R. J., this is a question for you as a follow up to a statement made at the last meeting. Whether intentionally or not, an answer given at the last meeting would have led, I think, most people to believe that the Human Rights Commission reviewed police policies and procedures and signed off on them. We now understand that their perception of what they did is different than what might have been what the' public, council might have been led to believe was said. So can you tell me what is your understanding of the role of the HRC prior to this and did they not review the policies and procedures? If they didn't, that is one thing. But do you think that is an appropriate role for them in the future? Winklehake/The information that I had taken from was a group of policy statement that are in our policy procedures manual and I ask them to review those. That is what they reviewed. My expectation when I took that to them was to review that in light of the HR Commission and the function that they perform because most of those statements are things of how we deal with people, things we do. They did review those and I did have those returned to me. When I said they reviewed it, that is what I am talking about. That is what they reviewed. I understand from the letter we had that in the letter it says they did not take any formal action. My expectations were met when I got the information back from them along with some recommendations that they had made. That was all that I expected and that This represents only a reasonably accurate transcription of the Iowa City council meeting of February 13, 1997 WS021397 February 13, 1997 Council Work Session page 17 what was done. And I certainly didn't make that statement to mislead anybody because my expectations of having taken that, I thought it was a good thing for the HR Commission to review that. They did. My expectations were met and that is what I said and if that is misleading, I am certainly sorry about that. My expectations were met when I received that back. I was not aware that they were expecting to see a finished document after that. Their recommendations were, I think, only three things and we have implemented them in certain stages. Baker/Do you see a role for them in the future in reviewing policies and procedures? Winklehake/For the same kind of statement, I don't have any problem with anybody reviewing those, quite frankly. Baker/I assume the PCRB would be in a position to review that on a continuous basis? Winklehake/I would imagine. Baker/All right, that is all I got for right now. Nov/(Sneeze) My apologies, it came out so fast. 7. Norton/I have three questions that were in the set that were answered in the book but I am not sure that I am still fairly clear. I want to hear a little more elaboration in the answers that were given. #53, 54, & 55 if anybody wants to refer to the book. And I will just read them all and then you can comment on other questions. How in the world can it be that no voices were heard at the door despite the fact that a conversation was going on as a matter of a few feet away? And apparently that was true, Kelsay was there first and then again when he and Gillaspic later were on the scene. It must have happened two times according to what I can see. Did anybody actually look through the north window which according to Jay Shaw gives you a view behind the door in question? And I have not understood yet whether that was actually occluded at the time by some items inside the building or not. I know some windows were but was that one? I have not heard yet whether or not that was actually used and was there really genuine evidence of forced entry. Now I understand pry marks but I think again Jay pointed out that the deadbolt was back which hardly suggests a forced entry. Now can you respond to those three questions somehow? ~ · Winklehake/Yes. As far as hearing the voice, I have no idea. I was not there. The officer said that when they listened to the door, they did not hear a voice. Beyond that, I This represents only a reasonably accurate transcription of the Iowa City council meeting of February 13, 1997 WS021397 February 13, 1997 Council Work Session page 18 can't give you an answer. I was not there. I don't know how come they didn't hear anything. Norton/It would have been a good question to ask Gillaspic the morning before he lef~ for Fairfield, wouldn't it at least? There is a question about why he wasn't interviewed by the DCI before he !eR town. Winklehake/Oh, I don't know what the DCI asked. I know they did talk to him. I have never seen that report. Norton/Okay, well that is another issue we will get to. Winklehake/I have never seen that report. So I can't tell you what they asked on that morning. The window, I think you seen some photos- Vanderhoef/Yes. Winklehake/And you look at that east window, you are talking about the- Norton/I am talking about the north. Winklehake/The north window. Norton/North. The window from the north I think is the one that is in question. Winklehake/You look at the wall. When you see that wall by the door, there is an area where the wall comes in from the door, protrudes into the building, then goes across. Then I believe there is another small out cropping until it gets to the window and then comes back to the window. If you look in the window, you will see there is some sort of an object, I guess it is a bend of some sort. I don't know exactly what that is but you can see it on the photo from the inside of the building and there is also some equipment that was there. We don't know to any of degree of certainly as to exactly where Eric Shaw was seated or if he was seated. Norton/We know where the phone was. Winklehake/We know where the phone was. It was somewhere close by but we don't know if that phone was extended or not because we cannot tell. Kubby/It might be helpful to have the pictures here right now since they are public- released to the public. That we could point to the window. This represents only a reasonably accurate transcription of the Iowa City council meeting of February 13, 1997 WS021397 February 13, 1997 Council Work Session page 19 Norton/Okay, but what I am trying to get out is is it clear that every possible way of looking into the building was indeed tried? Winklehake/My understanding is that the officers had- Kelsay had looked in the north in this area and he looked in here and when they came back both- I can't say both. I believe Kelsay walked by and Gillaspic did as well over here. Do you want me to bring this over there? Kubby/Point to the north window from the inside. Winklehake/This is the north window. Kubby/Right but from the inside so you can see the blockage. And there is no date. We know what the date is. Norton/This is related to my earlier question about patience and exploring every opportunity and that kind of thing and that is why I am- Winklehake/What you are looking at here- Here is the door (can't hear). Atkins/R. I., I don't think we are picking it up on tape. I think you will have to lean a' little closer. Winklehake/What you arelooking at is the door and the window and this is Gilbert is out here. So this is the north side. This is the north side looking north from inside the building. Here is the door and what I am talking about right here from the door frame to the edge of the door, I mean the wall. Now you look across here, you see this comes out just slightly, it goes over to here. Now, when you see this wall, what you are looking at, I believe, is this and this is not a good picture here. But you can see there is an object here. That is this gray object on the inside. Now when you have the wall comes out, you also have this piece of equipment, what it is, I don't know and then a step ladder which is folded up against that wall. Which the opening that you can see is here and depending on where the individuals here with all of this equipment, this table was also- that is one of the items that was moved. Norton/Now there are no windows looking in this other plane, okay. Winklehake/They are here. Now if you go- This represents only a reasonably accurate transcription of the Iowa City council meeting of February 13, 1997 WS021397 February 13, 1997 Council Work Session page 20 Norton/Which would give you a view parallel to the wall in which the door was open. Winklehake/If you look in here, you will see this is the north or east wall. What you see along the east wall are a number of vending machines that are blocking the windows. If you look at the window, this appears to be a piece of plywood. I can't tell you if it is plywood or the back of the vending machines. Kubby/I don't know if you want to go through, if other council members want to see all of that. Vanderhoeff I have seen them. Kubby/I know but with the explanation. And the people who are here to listen may want to view those now since they are public documents. Woito/Dee, in answer to your question, Kelsay looked in the north window, walked around and looked in the east window, came back around and looked in the north window again and when C,-illaspie showed up, he looked in the north window. Zacharias did not because he was off to the west and had walked back to the police car. Norton/Well, I would like to, while I am here, get one more quick one. Woito/And I- This is speculation. But it is possible that during that time Butitta was talking on the other end and Shaw was listening. Norton/It is possible. Woito/I mean that is a possibility. We don't know that. We will never know that. Nov/All right, Dee had one more question here on signs of forced entry. Norton/Well, I asked about that question. Can you comment on that? They saw the pry marks but did they look at the deadbolt. Woito/Kelsay stated, he stated that there were signs of old pry marks as well new pry marks on the door jam and the strike plate. Winklehake/Where is the deadbolt? It is not unusual to have the deadbolt closed or open.. Norton/Unused in other words. This represents only a reasonably accurate transcription of the Iowa City council meeting of February 13, 1997 WS021397 February 13, 1997 Council Work Session page 21 Nov/Okay, moving on. Norton/Can I ask one more or move on? Go ahead, I will take it. I have one other that I would like to ask and that is this overtime question. How many hours- Nov/Can we move on? That is really another question. Norton/All right, that is a different one. I will take a turn next time. Nov/Thank you. 8. Kubby/And I have a series of questions that relate to what Dee just asked that gets into 4th Amendment issues. I have a series of either five or six questions that all relate to the answer given. Can I ask them all? I would like to be able to ask them all at once and not have the answer be disjointed by time. No~ Go ~e~. Thornberry/You can have the mic. CHANGE TAPE TO REEL 97-31 .SIDE. 2 Woito/ Specifically there's U.S. Supreme Court case that says it applies to commercial property and the more recent Iowa'Supreme Court case implies that it applies to property, personal property and realty. Kubby/So my understanding is on the perception of officers at the scene at the time that they suspected some criminal activity going on inside because of the marks on the door and that's why they decided to enter to investigate. That they looked, they didn't see anything. They heard, they didn't see anything. But they or didn't hear anything, but they saw the pry marks and that's what instituted them taking a next step, is those pry marks. Woito/Not necessarily. It was a combination of both. The open door, security check which is a slightly different animal under the 4th Amendment, and some evidence of criminal activity. Possible criminal activity. Winklehake/One of the activity things, also the number &burglaries that were there. That's why they were out there because it was a large number of burglaries and they're looking for burglaries. This represents only a reasonably accurate transcription of the Iowa City council meeting of February 13, 1997 WS021397 February 13, 1997 Council Work Session page 22 Kubby/So for example Kelsay earlier found a door open in another place, in a salon across the street that was typically found to be open once in a while, so there was no suspicion. There were no other signs. He didn't go in with this building check there. He just closed the door again. Correct? Winklehake/That was a building he was very familiar with. Kubby/Right. So he goes on his surveillance and building check and finds a door that is open that has lights on and that in his estimation has some old and some fresh pry marks, and he's there because of the number ofburglades so what is it that makes him decide to call back up and to enter and to the officers to go forward. Is it because possible criminal activity? Would they go if it was just a building check and they didn't suspect any criminal? Would they have done to that particular step of entering with their guns drawn? Winklehake/Go ahead. Kubby/I mean do you go into if there's an open door and you don't there's any criminal activity, why go in? Winklehake/Okay. What they were doing at that time was still assessing what they were dealing. They felt there could a threat there. They were assessing what they were doing and they pushing the door open to see what's there. The next step. Go ahead. Kubby/I mean from Pat White my remembrance of Pat White's press conference, he was saying that they were following procedures as stated, well, I guess it's not stated. In that the pry marks at the perception of the officers at the time but that was one of the big things that made it seem logical to Pat White for them to go forward with starting to enter the building. Why else would you enter that building? Under what conditions would it be appropriate for officers to go into a building that has an open door? Winklehake/They see somebody injured. They see somebody in the building taking property. In this case, they were opening the door to see just what they have there. Kubby/Okay. So their suspicion that there could be criminal activity because of events that had happened in the prior months with burglaries in that area. And because of. some physical evidence perceived by the officers at the time. This represents only a reasonably accurate transcription of the Iowa City council meeting of February 13, 1997 WS021397 February 13, 1997 Council Work Session page 23 Winklehake/As they understood it, yes. That would be correct. Kubby/So, I guess I'm having a hard time understanding the possible criminal activity that they were wanting to get more information about to see if that was true or not that that makes the 4th Amendment kick in a different way. And that was there any evidence on August 30th of those five exigent circumstances that allows an entry without a search warrant or consent? That's a question for Linda. Woito/The first- I have to preface my answer with what I believe this entry can be characterized as both an emergency aid entry which requires a lower standard of evidence than the exigent circumstances which requires probable cause. Kubby/Please explain the first part of your comments. How is there any evidence that this was an emergency entrance? Woito/The emergency aid exception as outlined by Professor LaFave and as recognized in some states, specifically as a building security check is an attempt to protect life and property. And that's recognized by a three states. It was specifically rejected by the 1 lth Circuit. There are no cases in Iowa on it. But the emergency aid exception to protect life and property recognizes a building check where you have nothing more than an open door. Kubby/If there's only three states that have this, I understand you're saying there's no case law on it in Iowa, but why does that allow us to act on it or have it be an appropriate act when there are other discretionary options on how to deal with this situation? Woito/ It has never been raised in Iowa even though the practice is long standing, because the ordinary legal procedure where it is raised is where someone goes, an officer goes in to do a security check where there's a door leR open at night and it's not supposed to be open. The officer knows that. They go in to try and find out who the owner is. And in the meantime, they stumble upon contraband, illegal weapons, and the person, the owner or the tenant is charged criminally. In that context, the owner or tenant will move to suppress that evidence, exclude it as being illegal under the 4th Amendment because the entry itself was illegal. Those are the contexts where you get the cases. That has never presented itself in Iowa and I suppose the answer is, until someone raises it in a court, answers it yea or nay, Iowa law enforcement officers have consistently used the practice because certain segment of society has demanded it. This represents only a reasonably accurate transcription of the Iowa City council meeting of February 13, 1997 WS021397 February 13, 1997 Council Work Session page 24 Kubby/So you're kind of saying that unless there's a test case, you can violate the 4th Amendment? Woito/No, I'm not saying that. I'm saying that there are, aside from these other three cases, this Professor LaFave who is a recognized expert on the 4th Amendment, has recognized the security building check for an open door since 1978. And the American Bar Association standards in 1980 recognized it as a valid exception to the 4th Amendment. Kubby/But unless you have a specific case as you outlined that you've got your five exigent circumstances plus- Woito/This emergency aid doctrine. Only it doesn't mean that I as a lawyer am comfortable with that, but legally, that's the situation. Norton/Is there a reasonable officer aspect to that at all? I mean. Woito/Yes. Norton/Determining what that situation is. Woito/ Probable cause you need evidence to believe criminal offense is being or has been committed. In terms of the emergency aid doctrine, you only need to show that a reasonable officer has reasonable grounds to believe that either property is need of securing or a person is in.need of protection. Kubby/I'm not a huge stereotypical property rights person. This doesn't feel right to me. Woito/It doesn't feel good to me either. Kubby! And I know that in the past- Woito/That's the result of my research. Kubby/That you talked about tactics, changing some tactics if we want to recognize the ability to go in because there's no case law in Iowa. But that really speaks to the method, not to what we feel is a legal entry. Woito/No, I still think if we're going to do building checks with an open door, I want a written consent from that owner. This represents only a reasonably accurate transcription of the Iowa City council meeting of February 13, 1997 WS021397 February 13, 1997 Council Work Session page 25 Norton/Like a prior blanket. Woito/That we don't have to face whether that entry was consensual or not so there isn't any question. Kubby/All right, but we, I guess that leads to a whole other way of how we deal with that because I may feel the need to say yes you can go in but I guess I'd need to think about how comfortable I'd feel about our policy being that you give a blanket consent under any circumstances on the front end. Nov/We're not discussing policy changes. We're asking questions. I understand how you feel and I understand how she feels, but I'd like to pursue questioning and then hopefully get to the point where we're going to actually implement policy changes. Woito/ In the case law from the states that do recognize it, have two elements: that they see an open door and they feel that the property needs protection, the second one is they have no reason to believe that the owner would not consent to their entry. That's the Alaska case on point. Kubby/Okay. Nov/Ernie, do you have a question for staff?. Lehman/Well, I apologize for being late, but I was defending council at a service club meeting which I had made earlier and as you pointed out, I didn't check my calendar. Nov/And as I pointed out, he's not going to do that again. Lehman/I hope you're right, Mom. 9. Lehman/I guess I just have you know a couple of questions. There are clearly pry marks on the door. Is that correct? Winklehake/That's what I've been told. Lehman/And this is in an area where we've had some burglaries in large numbers. Winklehake/Yes. This represents only a reasonably accurate transcription of the Iowa City council meeting of February 13, 1997 WS021397 February 13, 1997 Council Work Session page 26 Lehman/Was it reasonable for our officers to assume that there might be something going on unusual with an open door in this area.9 Winklehake/I believe it was. Lehman/Do you believe that officers acted in a masonable fashion? Winklehake/I believe it was reasonable to the time that gun went off. Lehman/Thank you. Baker/A good question, though. Nov/Good question, but it's good aftersight. Lehman / Oh, I am not saying it's right at all. Nov/I'm not arguing with you. I'm just saying that part of our answers in all of these cases are 20-20 vision aRer the fact and there's no way we can get around that. Only two people who actually knew exactly what happened when and one of them is not here to tell us. Lehman / Naomi, my point is, there are going to be some changes in policy. There already has been some, but I think we have to look at the policy that was in place at the time. Nov/Yes. Lehman/And if it was reasonable and if they did act inappropriately, I need to know that. There's no question in my mind that we change policy. I mean I think there are policies that we have to change and some of those policy changes am probably going to be, are probably going to be detrimental to the Police Department. Nov/Okay. We can talk about policies later. Lehman/I'm sorry. Nov/Let me move on to a question. Winklehake/Can I just add one thing? This represents only a reasonably accurate transcription of the Iowa City council meeting of February 13, 1997 WS021397 February 13, 1997 Council Work Session page 27 Nov/Certainly. Go ahead. Winklehake/When I said it was appropriate what they had done, reasonable, it was reasonable but could we have done things better? Yes. 10. Nov/I heard that Ames has enacted a new policy. I don't know how recent it is. But they have asked a business owner, all business owners, to ring in to the police department whenever there is somebody who is working there late at night. Just call. lust let us know one of the employees is there. What so you think about that? Winklehake/We've already given that out to "Walk of the Stars." That was one of the handouts that we had at the table, the booth that we had. And I've also talked with the Chamber of Commerce about having that put in Reflections as a reminder to people about doing that. Nov/Have you had anyone do it? Winklehake/Call in? Nov/Yes. Winklehake/Yes we have, even before we put that out. I can't tell you that anyone called in as a result of that, but I do know people who have called in prior to (can't hear). 11. Thomberry/Let's get-an actual scenario that happened in Oklahoma City several years ago. I'm in the restaurant business and a lot of the burglaries or robberies turn in to nasty situations as you probably know. Looking through the windows of a restaurant, you can see the dining area. You cannot see the kitchen area or the office area, the cooler freezer or walk in areas. In Oklahoma City several years ago, we had at the close of business several people walked in as they're taking trash out the back door. Came in. Put all of the employees that were currently there closing the business for the evening in the walk in cooler. Had the manager open the safe. They then proceeded to put the manager in the cooler. Shot everybody in the head and killed everybody. Went out the back door and they were gone. Given that in my, and this can happen in any restaurant at any time, and it happens a lot. I have hold up buttons here and there throughout the store and if the wires are cut the alarm goes off, so it's either going to get pushed, an alarm is going to get pushed or a wire going to get cut and the alarm is going to go off. It's wired to the security system and then they call the Police Department as you probably know. Given that this alarm is, say this incident happens, this scenario happens in a restaurant locally. The alarm goes off. The officers go to the scene This represents only a reasonably accurate transcription of the Iowa City council meeting of February 13, 1997 WS021397 February 13, 1997 Council Work Session page 28 where the alarm has gone off. They attempt to contact the contact person on the card. There's no answer. Given the current policy in Iowa City, the new current policy, what do you do? Winklehake/I expect the officers would contact their supervisor. The supervisor would come to the location and make a decision whether to go in to the building at that point. Given the set of circumstances that it was just at closing, I would expect that the supervisor would authorize the officer to go in. Woito/Well if they saw mutilated bodies in there. Thomberry/No. They an see nothing. You look through the windows and you see the dining room. You can't see in the back. You can't see in the kitchen. You can't see in the back. You can't see anything. Everything looks normal, all open doors are closed and locked. Baker/Closed and locked? Thornberry/Yeah, the front doors are locked because he had just locked them. They are talking the trash out the back. They come in the back door, whatever. They close the backdoor, it is an automatic lock door. Winklehake/It is automatically locked, it becomes a much harder decision. Thornberry/Yes, it does. Winklehake/I assumed that when we talked about it, that door was unlocked and then supervisor, I think, would make the obvious decision to go in. If they are locked, you are going to try to reach somebody and- Thornberry/Yeah and you can't reach. The manager is opening the safe. Winklehake/You are probably not going to have anybody going in that building. Kubby/You don't have any evidence. Lehman/No reason. Thornberry/There is no- Other than the alarm. The alarm has gone off. All right. Kubby/You call the second and third person on the list. This represents only a reasonably accurate transcription of the Iowa City council meeting of February 13, 1997 WS021397 February 13, 1997 Council Work Session page 29 Thomberry/You can't raise anybody and how long is this going to take and how many lives are you putting at risk? This happens in the restaurant business a lot, throughout the country. Winklehake/I can give you a very vivid example of that in the department I worked with. They had Brown's Fried Chicken. I believe 6 or 7 people were killed there. An officer did go to that location, did check the building, did not see anything and left. About four hours, three hours later one of the parents showed up- Thomberry/Is this the one in Chicago or- Winklehake/Palatine, Illinois. Thomberry/Yes, right. Winklehake/And that was where the officer had gone, did drive around the building, didn't see anything unusual and left. Thomberry/This is what I don't want to happen and I don't- You got to weigh the two. And I just wanted to know, with this knew policy, like say you even suspect so. Well, an alarm has gone off. What do you do? And if the current policy is you do nothing, you surround the building and wait for everybody to bleed to death.. Kubby/Are there employee cars in the parking lot still? Thomberry/No, the employees don't park in the parking lot. They park off of the lot so that the customers can park in the lot. Kubby/Then an officer should know that so they can look around and see if other cars that don't look like residential cars, do a license check. If there are- Thornberry/We are talking a lot of time. Kubby/But in your scenario, people are- Nov/Let R. J. answer. We are not hearing him with everybody talking. ~ · Winklehake/I am sorry. When you said the officer should know. There are a lot of assumptions of things the officer should know. But many times they are not going to know. They don't know who works where, who drives what and the chances of This represents only a reasonably accurate transcription of the Iowa City council meeting of February 13, 1997 WS021397 February 13, 1997 Council Work Session page 30 them knowing that are very slim on unless they have the opportunity to meet with you and see your business, talk to you. That is a problem. Thomberry/So under the current policy, it would be a call of the shit~ supervisor or whatever? Winklehake/Doors are locked. There is no sign of any problem inside. An alarm went off. It is going to be get a hold of the owner, get a hold of somebody from the business. Get the alarm company to come and they got a problem, they figure out what is wrong with your lock. Nov/Or possibly have a pre-signed consent to go in if the alarm goes off and you cannot get anyone. Winklehake/The presence policy, we don't have that. Nov/But we could. Winklehake/That could be an alternative, yes. Nov/Do you have anything else? Dee- Vanderhoef/I was just going to add one local thing, the fumigation of a local restaurant where we had a person die recently in Iowa City and this could have been an open door situation if someone happened to be checking the doors. I don't know whether it was or not. But that is another instance that if an open door had been found at that time and somebody waited to get a hold of somebody versus going in. Might have found that young man soon and taken him out. So that is not here or there. 12. Vanderhoef/I would like to talk a little bit about canine unit. Have you ever worked with a canine unit or had one in your police force? Winklehake/Never had one on a department although we have worked with canine unit in the past. Vanderhoef/Okay. And what is your assessment of them? Winklehake/I think they serve a very definite purpose and I think there is a very good use for searching, building searches and also narcotics. Dogs can be trained to do a number of things and if you have a well trained dog, good handler, they are This represents only a reasonably accurate transcription of the Iowa City council meeting of February 13, 1997 WS021397 February 13, 1997 Council Work Session page 31 certainly an asset to the department. And in fact we have a thing that I had given Steve that we have to put in another form for proposal of starting a canine unit. Vanderhoef/What would be the downsides of having a canine unit? Are there any? Winklehake/A canine unit? Obviously there is cost, taking care of the animal, food. You have to have a vehicle to transport the animal. The individual officer, generally that is what their duties are. They are assigned to that animal all the time. The experience in the past for canine units is that they have a working life of maybe 5 to 7 years. The dog usually lives longer so you end up needing- The canine handler generally takes another, dog has to be put down. The recommendation generally is that you provide a place at the resident of the dog handler to be able to take care of the dog. You don't put him down at the animal shelter. Which means you have a cost of building a kennel run and that kind of thing. Beyond that, I think they are a useful device, one that we could certainly use. The proposal is that we would seriously look at that. Woito/There are liabilities. They do bite people and you will incur claims from people who are bitten. A number of the departments that I talked to have experienced that. And one county abandoned their canine unit because the place where they were kept by the handler, kids would tease the animal and the animal would bite them then. There were just too many claims. So they abandon the canine unit. Vanderhoef/So what risk do we have of a well trained dog in pursuit of unreasonable force? Woito/In my mind, it is better to send a dog in in terms of police safety than sending an officer in who can get killed by someone inside. Winklehake/Canines can be trained different ways. For instance, in a building search, a dog can go in and bark when they locate somebody or go in and bite. Of course the handlers and trainers don't like to go in and bark because if you do have an armed assailant, then they shoot the dog. But if you are going to have somebody shot at, it should be the dog I would say. Woito/I would prefer that, yes. Vanderhoef/Either one is a good choice. Thank you. Woito/And I think one of the things you have to balance as a council is protection of life versus property. I mean that is your balancing act. This represents only a reasonably accurate transcription of the Iowa City council meeting of February 13, 1997 WS021397 February 13, 1997 Council Work Session page 32 Kubby/Can I ask a follow up question while we are on the topic? How often in the last three years would a canine unit have been more effective than if we had used different tactics? I mean if we end up changing tactics for going in for a building check or for criminal activity, does that have some of the same advantages of the canine unit in terms of protecting officers as well as people in the building, whether they are criminals or owners or have rightful reason to be there. I mean those are another way to look at it but instead of a canine unit, we can look at changing tactics as well as the combination of the two. Winklehake/You are asking which is better? Kubby/Can changing our tactic have some of the same advantages of a canine? I am- maybe it is not a question. Maybe that is a comment. Norton/It might preclude the need, in other words. If you appropriately change tactics, it might preclude the need for the canine. Winklehake/I think what it comes down to though is somewhere along the line the decision is made to go into a building. Now which is better, doing it with an armed officer or with a dog? Norton/In that case, why couldn't you call a sheriff2. He has a canine unit, doesn't he? Winklehake/The sheriff has a canine unit. However that canine unit is not always available. Norton/There is a certain sense that might be an option without- In other words, would help support their expense without bearing a whole new set of expenses. We could occasionally make use of that in situations where it was really needed. Winklehake/That could be an option although I don't know if we had a canine unit, I think we would use that canine unit so much, that it would not be a viable alternative to expect the shedif'to come in with their dog every time we would want an animal. Norton/I take it would be fairly rare if you follow the substantial changes. I think it would be rare that you would need it. Kubby/Or else we maybe need information to know that. This represents only a reasonably accurate transcription of the Iowa City council meeting of February 13, 1997 WS021397 February 13, 1997 Council Work Session page 33 Council/(All talking). Norton/If we make the changes we are talking about, it would be rare. Where you sit tight in many cases. That is still the point of all of the training is sit tight, don't- Nov/Okay, moving on. Larry- 13. Baker/Question for R. J. In trying, for me to understand how you supervise your department, one of the things I need to understand how you evaluate your department. How you evaluate your own personnel. At~er, without dealing with the specifics of this incident, but let's say there is an incident that requires an internal investigation, police officers involved. You have to review their actions. Now assuming that the policies allow a range of decisions and actions on the scene, isn't judgment a criteria for you evaluation of that officer? That is, in that range of actions and this is easy in hindsight, I recognize that. Clearly some actions are better than other actions, So at~er the fact, when you are evaluating your officers, how much latitude in your own mind or legally do you have to say that the officer's judgment was not as good as you could have, should have, would have reasonably expected in that situation and therefore the officer ought to be censored in some form. How do you evaluate actions after the fact? And how 'much latitude and how much freedom do you have to evaluate the judgment of your officers? Winklehake/The purpose of an internal affairs is to decide whether or not the officer acted appropriately. What you are going to do there is look at that range of decision making that they may have and various tools that they have available to them. And there is a judgment issue that comes into play. Did you make the proper judgment given the set of circumstances you were dealing with7 That is certainly a criteria that is used when you make a discipline decision. When you are looking at the criminal end of it, you need to have violation of criminal law and that would not necessarily be internal affairs. There is a decision early on in the conduct of the officer. When you are going to do an internal affairs, you need to decide whether or not there is going to be a criminal investigation or you are going to do an administrative investigation. Administrative being your internal affairs. If it is a criminal investigation, all of the other rights that everybody else has applies to that officer as well. In the administrative hearing, the administrative review, if the individual who is assigned to do the internal affairs- For instance Captain Harney is investigating or asking somebody to give them an answer and you are the individual who is refusing to answer. What he would do is tell me about that. I would come in and give you a direct order to answer that question. If you refuse to do it, that is insubordination and that is a whole other issue. We do use judgment, This represents only a reasonably accurate transcription of the Iowa City council meeting of February 13, 1997 WS021397 February 13, 1997 Council Work Session page 34 for instance, even though you may have used tools that are appropriate. However, in an instant that would be under investigation, it was not the proper one for you to use given the set of circumstances. That is judgment. And that is where we exercise our judgment with respect to your actions. Baker/Okay, now, procedurally the internal investigation is done by the captains or a lower level than you and you review their findings? Are you involved in the actual investigation? Winklehake/Generally I am not involved in the investigation. When we get an internal affairs, we have had a number of officers and I think somewhere you asked for information as well as to who had done internal affairs before. We have had captains, lieutenants and they may request additional assistance from anyone with certain areas of knowledge that they feel in necessary. Definitely a person doing the internal affairs will do that investigation, they keep me appraised as to what they are -where they are at, how are they doing, are we proceeding because they do have a time table. They may request additional time but we try to get that done within 30 days. Baker/In your position, do you have the authority to disagree with an internal finding, an investigation finding? Winklehake/Yes. Baker/And Steve, you have the ability to disagree with R. J.? Atkins/Yes. Baker/Okay, thank you. That is all. Nov/Dee- 14. Norton/I was- I started on this question earlier. Would you elaborate a little bit on a question that came, I think, at our February 1 meeting, about overtime and spell out for me just how long Kelsay was on duty that day and why was it apparently so long? Can one sign up for overtime at one's discretion? Winklehake/There is a number of different ways that you come up to overtime. For instance, if you are an officer and you are working and you have a call. Let's say you are working day 1, and you have a call in the last 45 minutes and it is going to take you two hours. You work that case. So that is unplanned overtime. This represents only a reasonably accurate transcription of the Iowa City council meeting of February 13, 1997 WS021397 February 13, 1997 Council Work Session page 35 Norton/I understand. Winklehake/Another situation that we need to pay overtime for that we do not control is court time. Norton/I understand. Winklehake/The court appearances are set and we need to pay the time for that. Norton/Those are clear. Winklehake/There is also some overtime that we know that we are going to have. For instance, d.t. Friday Night Concert, various traffic enforcement efforts. Those need to be posted. The officers volunteer to work those and then we have a labor contract that says we should try and equalize the overtime. The way you do that is take a look at how much overtime someone has worked verse the people that are requesting it and the people that have requested it. Those individuals who have worked the least amount of overtime are entitled to work that under equalization. Norton/I understand all of that and it seems reasonable~ But I am asking here is a person that just walked in and said I want to do some burglary walking or door checks. Apparently as far as I can see, it was just strictly voluntary. It wasn't anybody assigned him or wasn't matching up hours and he had already worked a lot that day. Winklehake/He had worked an eight hour day on burglary investigation. He had been assigned to the investigation within a few days before this incident. He had worked from midnight to 8:00 doing nothing but burglary patrol as well as some other police officers. That night he had signed up, had already signed up for the Friday Night Concert which he had to fulfill that. When he came back to the building, he was in the locker room changing, Lieutenant Johnson was also there at the time preparing to go out on the street and he discussed it with Officer Kelsay and he said if you want to, let me know, I would like to have you go to work. Norton/So he was invited to. Winklehake/Lieutenant Johnson was there, yes. Norton/So Kelsay was invited to go out on that extra. I thought he volunteered for that. This represents only a reasonably accurate transcription of the Iowa City council meeting of February 13, 1997 WS021397 February 13, 1997 Council Work Session page 36 Winklehake/I cannot tell you the exact word. I have not asked the exact words. Did Johnson say if you want to, you can. Did Kelsay say I would like to. Norton/Does somebody have to authorize it? Winklehake/Lieutenant Johnson did. Nov/While you are following that one, will you also find out if this was a general question7 In other words, is anyone available to do this tonight and then he volunteered. Or was it directed to him? Woito/I recall it was directed to him. Winklehake/The only two people who were there were Johnson and Kelsay. Nov/Okay. Winklehake/Lieutenant Johnson was in charge of the investigation. Norton/Karen, I got more but go ahead. l$..Kubby/I want to go back to a training question and explore a little bit about where ILEA trains officers to have their fingers (can't hear). And I know that during training at the firing range, they are taught to not have their finger on the trigger when they are changing positions so that there are no mishaps. And it is my understanding that in a street ~ituations, that that is left to the officers discretion. I want to confirm if that is true and what the City Attorney's advice is on our local training for that. Winklehake/Could you repeat what you just said? Kubby/Is it true that it is the officer's discretion when a weapon is drawn outside of the firing range as to where their finger is in terms of on or off the trigger? Winklehake/Whenever the officer is transit, going from one location to the other, the best safety mechanism is not to have the finger in the trigger because if you slip and fall, you have a discharge. However, when you are approaching something, you are going to do something, you are going to take some action. Again, that is an officer's discretion because it is based upon your perception of a threat. This represents only a reasonably accurate transcription of the Iowa City council meeting of February 13, 1997 WS021397 February 13, 1997 Council Work Session page 37 Kubby/What, what- I am making the assumption that if Gillaspie flinched and the gun fired, that it means that his finger was on the trigger. Winklehake/I just don't know. Kubby/I don't know if that is true or not because if it is not, that means he had to physically put his finger on the trigger and pull it. Norton/We don't know, do we? We don't know where it was. Kubby/I don't know. I guess that's a question I want to put out there to have staff find if any of the documentation has that answer. I don't recall Gillaspie specifically stating or being asked if he remembers if his finger was on the trigger site. I've gone through it a couple of times that maybe another somebody looking could find a yea or nay to that. But I guess for my question let's assume that it was on the finger, his finger was on the trigger and he flinched and it fired. Under the circumstance, that I've just been told in my previous questions that there may be suspicion of criminal ac. tivity, there's a combination of the building check and possible, exploring to see if there was criminal activity. Would it have been an appropriate use of that discretion at that time to have his finger on the trigger, any of the officers to have their finger on the trigger? Winklehake/It would be appropriate use of their discretion to make that determination based on what their perception was of what they were doing. Kubby/Was there any questioning by Fort and Sellers or Patrick White to any of the officers about what was their perception to establish.'? To me it seems kind of important. What is your perception of the danger of that situation and where was your finger? To me those would have been important questions to ask and I'm not sure that they were. Woito/Part of the answer to that question, Karen, is based on the experience of the officer, the experience of the department. Entry into a building where you don't know if anyone's in there but you assume someone is, is a very dangerous situation because the officers in their experience are confronted with burglars, with knives, crowbars, etc. and their own experience and their training that it's hazardous will all go into their own perception of whether an imminent danger or even a possible danger is going to be confronting them. Kubby/I guess. This represents only a reasonably accurate transcription of the Iowa City council meeting of February 13, 1997 WS021397 February 13, 1997 Council Work Session page 38 Woito/I mean so it's based on the evidence that they're seeing, but it's also going to based on their training, what they've been told by their trainers about be careful of this, be careful of that, and their own experience. I mean if they've gone in as R.J., R.J. had a friend and R.J. can certainly speak for himself, had a friend who was killed in an entry like that, and his heightened sense of, his sense of danger would be much more heightened perhaps than someone who never heard of such an incident. Kubby/Right. And so it kind of gets to how often has that happened here in Iowa City. Woito/I don't know. Kubby/I know that we have some information, because one of the things I want to establish is that if officers are feeling in danger when they're on calls because of events that have happened over the last five years, say, that's why one of the questions I asked was how often has a weapon been drawn upon an officer so I can get a sense of how dangerous do officers see the community to be, whether that weapon is directed at them or not, there's still the sense of danger. And the answer is really based on seized weapons versus weapons that were observed and it was only cutting instruments if I remember correctly and firearms. It didn't · ~ account for crow bars or baseball bats or other.things that weren't cutting instruments or firearms. · , .: Woito/I have an anecdotal answer. In speaking with the officers generally and you know we see them regularly in our office. They tell me that in the past five years that they are confronting a lot more violence and a lot more dangerous situations than they were five years ago. I don't know if they can tick off, I mean if you talk to all 60 of them if they could all tick off 5-10 things that were different, but I've asked the same questions of the officers tell me, I don't want to hear statistics just tell me what your experience is. Kubby/Do you think that it also in your questioning, in just conversation with officers, that they're drawing their weapons more often as maybe a result of that atmosphere? Woito/That was not a specific answer I got. I said you know if there's more drawing of weapons, tell me why. I don't know that there is but why. Please explain it to me. And the answer was, the dangers that are perceived or are faced out there are greater. There're more dangers. This represents only a reasonably accurate transcription of the Iowa City council meeting of February 13, 1997 WS021397 February 13, 1997 Council Work Session page 39 Kubby/Would it be, because one of the things that I was kind of surprised at when Pat White was asking Gillaspic that how often in the last year had you drawn your weapon, and he said about 20 times that he's drawn his weapon. And I asked some seasoned officers who have been on you know 15-25 years how often in your career have you drawn your weapon, and it was less than that. And that concerned me that that was a lot of times. And even if we cut it in half because his guess was totally off, that still seemed a lot compared to what other officers, an officer who had been on the force for a long time or had been recently retired had said to me. And so maybe it would be important information to ask of officers how often are you drawing your weapons. I mean we'll have that information from now, from October on, but to get an anecdotal sense, to know if there's a trend on our end as a result of or in conjunction with the trend out in the community as a way, just because officers feel more in danger, I guess. That would help me make some more logical decisions about these policy questions, you know, if that's how officers are feeling they need to be reacting. If other officers are not pulling their weapons that often, drawing their weapons that often or if there are only a few who are, I guess I want to know what are their perceptions. Are they just substantially doing it? Is it because of they missed some training or we just need to spend more time with those officers on different tactics? I think those are important, that anecdotal if we can't get it on paper is important to know. I think because I'm really concerned not only about the way we provide police services in the community but also the safety of our officers, that if they're feeling unsafe out there, I need to understand. Winklehake/A very important segment of what you talked about is the type of call when: the call comes in. We have a number of calls, reported person with a weapon,.with a gun, that the officers are responding to. And when they respond to that, there's going to be a heightened awareness and they are going to draw a weapon and if you're going in to a situation where somebody's supposed to have a gun running amuck with it, you're going to draw your weapon. It may turn out that person threatened somebody with a gun and never saw the gun. But when the officers responding to it is a man with a gun, a person with a gun call, they're responding to that call, there's a certain perception or expectation that when you call in to the police department that you're telling the truth and we need to respond to that call appropriately and if what you're saying is correct. So there's a heightened awareness from that standpoint when the officer goes. Kubby/All right, but those will be recorded, reported because it was drawn in the presence of people according to what you said last time. This represents only a reasonably accurate transcription of the Iowa City council meeting of February 13, 1997 WS021397 February 13, 1997 Council Work Session page 40 Winklehake/The officers when we were going through the 94-95 data to see if'there's a trend and ages, that's one of the things I think you had asked for last time around, we're doing that. And I recall what you said about Officer Gillaspic. The information reports that I have to date don't indicate 20 times. CHANGE TAPE TO REEL 97-32 SIDE 1 Kubby/Experience level, his peers in terms of experience on the force, are doing that as well, I'd like to know that. Vanderhoef/Karen, may I? I've thought about some of the same concepts and what strikes me though unless it's straight out anecdotal to ask each one of our policemen as to how much danger they feel they are in, their role as a police officer. Kubby/Did you find it? Vanderhoef/That's asking each person to have, to say something about it and they have their own personal standards. And when we get into this kind of information, officer A has standards of this that frighten him. Officer B has standards of this that are quite different from A. So I'm not real sure the kind of things that you're asking for, how useful it's going to be for me. Kubby/How else do we assess what kind of- Vanderhoef/I am not sure. Kubby/Different tactics we need to be and training we need to provide to provide either a safer comfort level so that the weapons don't have to be drawn as often or to just have guidelines or to state to help decide if we just need to state that that discretion's going to be full or there's going to be some guidelines plus discretion. So I guess I'd like to explore it and then we may not it useful the conclusion I'm drawing. Vanderhoef/But what strikes me as coming forth in all of this though is that we have to have some measurementsthere of what is perceived as dangerous. Nov/We're going into this back and forth thing that we said that we weren't going to do today and I would like us to move on to questions to staff and we will have council back and forth time just that we shouldn't interpose. This represents only a reasonably accurate transcription of the Iowa City council meeting of February 13, 1997 WS021397 February 13, 1997 Council Work Session page 41 Vanderhoef/What I would say then, please, is- Kubby/If it is relevant to the discussion, it seems very reasonable. Vanderhoef/What I'm saying right now is that to ask staff to put together some information that we haven't set standards on I think is inappropriate right now. Kubby/But if we have lots of officers drawing guns that we don't know about, then I mean isn't that relevant? Lehman/Wait a minute, I'm next in line. Nov/That's what I'm trying to say. Let's move on. 16. Lehman/I think we talked about this two weeks ago Saturday. I personally do not recognize the relevance of how many times an officer draws his gun. I care very very much how many times he rims his gun. And I cannot believe that an officer who draws his gun without his finger on the trigger is very bright. Would you comment on that R.J.? If you're going to draw your gun. Thomberry/It's a club. Kubby/Wow. Lehman/You'd better have your finger on the trigger. Kubby/That sounds pretty dangerous. Lehman/Now wait a minute. Then carry a toy pistol. Norton/You keep it outside the trigger guard for most times. You only put it in when things are imminent. Lehman/You don't draw it unless there's a reason. Woito/The training indicates both. The training video. Lehman/And the training, I have problems with that too. But I can't imagine an officer drawing his 'gun,' he wouldn't draw it unless he felt there was some imminent danger. If he felt them was an imminent danger, why wouldn't he have his finger on the trigger? This represents only a reasonably accurate transcription of the Iowa City council meeting of February 13, 1997 WS021397 February 13, 1997 Council Work Session page 42 Winklehake/The only reason he may not is because they're moving and for their safety and other people, they would not have it in until they get to a place where they feel comfortable as far as cover and expect to have to take some action. That would be the only reason. Lehman/But I look at the record and we've had this horrible thing happen, but the record of this police department, I don't know how many times they draw their guns. You know I guess I really don't care. But their record has been almost impeccable, except for one big problem and it was a big problem. It's a horrible problem. It's something we have to deal with. It's something that tears our insides out. But overall I think that we've done a good job and I don't think it's a matter of how many times we draw our weapons or whether or not we have our fingers on the trigger. Sorry about that. Nov/Okay. Kubby/(Can't hear) frequent instances before this in recent history that the community felt was inappropriate that the officers drew their weapons. Nov/Can we move on, please? Kubby! There was disagreement on that. Nov/Are you ready? Go ahead. 17. Thomberry/Staying with this just a moment, just as a follow up question to Karen and Ernie's question, do you have normal officers, I mean officers who normally work the night shift and officers who normally work the day shift? Winklehake/Yes. Thornberry/Are there more incidences of drawn weapons in the day time or the night time? Winklehake/More incidents in the evening and late night than days. Thornberry/Why? Because of the element out there? Winklehake/The nature of the work. The nature of the incidents that they're dealing with. This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1:5, 1997 WS021397 February 13, 1997 Council Work Session page 43 Thomberry/Okay. What is the most tense call that an officer may respond to? Would it be a robbery in process, or would it be a domestic dispute? Given those two. I don't know if there are any more that are any more dangerous or any more. Winklehake/From my own perspective, the one that I think would be more tense, would be the domestic. That's my personal feeling on that one. And I don't know what you could ask individual officers. They may give you the robbery. You're asking which I believe, I think the domestic because it's one on one dealing with two people and generally in a domestic, if I'm dealing with you and you and I are not agreeing as to what conduct you're going to follow, the other person will take your side and be behind me. Domestics and traffic stops are the most serious officer, the two most serious things for them to deal with where they get hurt. Kubby/They're most vulnerable then? Winklehake/Those two situations. Traffic and domestic. Woito/And the courts recognize that. Thomberry/Now are there, on traffic stops it's usually one officer involved with the vehicle, is that?: Winklehake/Additionally generally there is one officer and whenever we have a traffic stop, the practice has them to dispatch a second car as a backup unit. Thomberry/Other than a minor traffic stop for violation or always? Winklehake/A traffic stop. Thomberry/Really? Winklehake/Traffic violation a second unit starts until the first officer says everything's okay. Thomberry/Are there, on a domestic dispute then, is there always more than one officer assigned to that domestic dispute? · Winklehake/We automatically assign at least two to that. Thomberry/And as far as drawing weapons are concerned, there's no, is there any situation that calls for drawing weapons more than others in the context of This represents only a reasonably accurate transcription of the Iowa City council meeting of February 13, 1997 WS021397 February 13, 1997 Council Work Session page 44 domestic disputes, car stops, burglaries, robberies. Is there any propensity for the officer to draw their weapon more oRen on those types of calls? An open door, burglary in process, a domestic dispute. Is there any? Winklehake/A burglary in progress, an open door, probably would lead to a drawn weapon faster than a domestic unless you receive information that a domestic is also there's a weapon involved. It may be possible then that the officer would have their weapon drawn. Kubby/But we don't keep stats on that kind of thing, which we could do once we start collecting statistics. We could relate the drawing of weapons to the kind of · incident which would be useful in helping us focus different training or more training be useful. Thornberry/Well I just go back.to the situation where the officer feels that he must use the type of force necessary to control the situation whether it be a night s. tick, whether it be his voice and it progresses through the different 1-2-3 as we've read and the gun being the last resort. But I agree with Ernie that when that gun is pulled, when he feels that he has gotten to the level that that gun is pulled, he is not moving, he is not going from station to- You know, he pulls that as a last resort, the gun is: not a club, it is a weapon and to fire that weapon, you got to pull the trigger. So when they get to that point, you need to use that weapon as it was designed. Kubby/But then the question may- .. Thornberry/I can't think we should tell-give direction as to whether an officer has their finger in the trigger guard or outside the trigger guard. Nov/Okay, we can, at some point put that direction in if everybody agrees on it. Thomberry/We are not the experts and we are not in the situation. Lehman/That is policy and that is not what we are really talking about. Woito/In terms of use of a weapon, it is also a part of the display of force that is usedto try and control the situation, far short of actually being fired. Thornberry/I understand. Just the display of a weapon- Woito! Yes, yes. This represents only a/reasonably accurate transcription of the Iowa City council meeting of February 13, 1997 WS021397 February 13, 1997 Council Work Session page 45 Thomberry/Might change a situation. Woito/Right and it is a higher level of a voice or- Thomberry/I undei'stand. Nov/I think we all got that much understanding. Do you have any follow up? Dee- 18. Vanderhoeff I was going to pass but something just crossed my mind. I am learning a lot by asking a lot of questions here and I appreciate the answers that I am getting. I felt that I have great forward answers from you folks and I do appreciate that. And as we start talking a little bit and getting off subject, and I try not to, it strikes me that we are going to be, we and I am talking about council, reacting to some policy and procedures. I am beginning to get a sense for myself that policy is one thing that I see as important for council maybe to see. Procedure I am beginning to see how much less and less I know about filling a police department, about what their procedure ought to be. And I would just like a candid response from you as to how you and your police officers might feel about a group of individuals who care.a lot but who are not trained in police work to be setting procedure for your officers. Thomberry/It would be real candid here. Vanderhoef/I am serious. This is really something that bothers me. Winklehake/As an overview to policy, I think the city council needs to set a policy guidelines for the department to try to follow. This is what the city would like. And then through the City Manager's Office and department heads, that we put together the policies internally for us to be able to carry out the general policy that you are trying to accomplish. In that policy then there will be procedures that we need to follow in order to get that policy done. Those procedures may be affected by the County Attorney's Office as far as taking cases to court, the City Attorney's Office because of maybe a city ordinance we are going to try to enforce. Those procedures need to be done internally and they can be changed rather quickly dependingon the situation that we are faced with. There is a new city ordinance comes into place, we may need to change a policy as far as our procedure to get that enforced or to be able to enforce it, do whatever is necessary with that. But generally overall, I think it is not different from what city councils do. You set the tone for the general policy of the community and that is certainly an oversight that needs to be there. I think then your desire to go in a certain direction is always This represents only a reasonably accurate transcription of the Iowa City council meeting of February 13, 1997 WS021397 February 13, 1997 Council Work Session page 46 communicated to the City Manager who in turn let's his department head know this has to be done. As far as individual policies, some of the policies may not make any sense to you unless you have a City Attorney or somebody else sit down and say this is the reason you need to do that and there are many things that we do, seems to me that it would be much easier if we did them another way. But there are certain requirements that are in place that we have to follow as well. But I think policies within the department, we set the policies based on what the direction of the City Manager and city council are. Vanderhoef/Just as a comment then. My perception of what is happening in our community is that the community is asking council to set a lot of procedure kinds of things and that they have some assessments out there of what they expect the Police Department to do in certain procedural ways and I don't know how we communicate to them that procedure is not what I personally think and I don't know about the rest of you folks whether you see it that way or not. But I see procedure is not our domain. Our domain is policy and you are in charge of procedure and I hope our constituents understand this that we cannot be setting procedure. The professionals- Atkins/May I comment on that? Vanderhoeff Please do. Atkins/I don't want to sound like this is a lecture but cities are very complex institutions. 'You have multiple missions. How many of you know how to repair a broken water · line. I can assure you I don't other than you expect them to be- Because of the health, safety, and welfare of your community is at risk when the water line is broken and you have an expectation and the expectation is the critical word that your employees are prepared to deal with those types of issues. I may take a bit of exception to what you say, Dee, in that I think you are entitled to some expectation with respect to, and maybe the word procedure isn't right. Maybe it is technique. How we go about things. Bottom line is you people pay for it. I mean you authorize the taxes and you authorize the budget that gives the money to the Police Department to send the officer to ILEA. And so I do think you have- It is of some importance to you that the policy is you want a well trained Water Division in your Public Works Department just as well as you want well trained police officers. I think you can establish certain expectations. I think the difficulty oRen is how that ends up being communicated and I str6ngly suspect out of all of this debate, a year from now, we will be doing things differently. And to me that is technique and you have an expectation there and that is okay. This represents only a reasonably accurate transcription of the Iowa City council meeting of February 13, 1997 WS021397 February 13, 1997 Council Work Session page 47 Council/(All talking). Vanderhoeff Finally boils down and is enacted and how they get to meeting our policy is not where I see that we are them and like we have said, there have been several ways to get to the same kind of thing and some may be better than others and some may take assessments on the situation at that time and that is where I am feeling that we, as councilors, are not down to the nitty gritty of it. Atkins/I think that is a debate that you- Nov/We may or may not be down to that nitty gritty someday. Council/(All talking). Kubby/With engineering. Procedural things and direct them to do procedural things differently all the time. Part of that is discretionary on the council. But if there are four votes to get into the devil of the details to make sure that that policy is lived out- Vanderhoe17 The policy yes. Kubby/(Can't hear) procedures all of the time in all areas of the city at our discretion. Atkins/When you debate procedures and live out the policy, whether you know it or not, you are changing it along the way. It just happens very subtly. Nov/We will continually make these changes and we will continually ask why this procedure.9 Why not that procedure and we will ask for justifications and we may change. Thomberry/Yes but in following your same scenario, Steve, in the Department of Public Works, when they are putting a pipe down, laying a pipe across the street and they are doing it with a crane, with a cable. It is not our purview really to tell that crane operator what the diameter of the cable should be to carry that pipe. Lehman/Why not? Thornberry/That has got to be- Because I am not in that department and I don't have that expertise. Okay. As I don't have the expertise in every departmentas you know. That is why you have department heads of each department. This represents only a reasonably accurate transcription of the Iowa City council meeting of February 13, 1997 WS021397 February 13, 1997 Council Work Session page 48 Atkins/So you appreciate it. Cities are complex organizations. It is a difficult task for you. Norton/Let's pass it around. There are lots of exceptions. I will talk about them in a minute. Let Larry have a turn. Nov/Moving on. Kubby/After Larry, could we have a break? Nov/Yes, that is what I was about to say. At~er Larry, we shall have a break. Go ahead, Larry. Baker/Are you sure you don't want to break before this? No~ Oh. 19. Baker/R. J., my last question was about your role in general in evaluation of personnel, just generally it works. This is a question about your specific actions after the Shaw shooting and before I ask you this specific question, I have to comment about the word perception because it is part of the question I am going to ask R. J. The :past four months I have been talking to individual police officers privately and confidentially. I haven't talked to, you know, a majority of the . . department but I think a !or. And one of the perceptions that is consistent individually that comes from those officers is, I have heard this in various forms, the people in Iowa City don't see the same Iowa City that we see. That the . . public's perception of Iowa City is one form of reality but we deal with on a daily basis would surprise most people in Iowa City. This goes back to the officer's perception from their jobs and how they respond to the public that they have to deal with. Most of us have nothing to do with the Police Department. They deal with, and I will be crass about this, a very different kind of population most of the time. And that shapes their perceptions of their jobs. But the specific question to you, R. J., is right at~er that shooting, the first public meeting that this council had, there was a 2 1/2 hour public discussion about the police department from members of the public. A very critical harsh representation in that public's mind of what the Iowa City Police Department did in general. They weren't talking just about the Shaw Shooting. They were talking about the department. In subsequent · meetings, that perception was narrowed down to the Shaw incident. I mean the complaints, the questions, the actions of individual officers and you and Steve and everybody else. My question to you is have you watched, you personally, watched all of those public discussions? Are you aware of what happened that first night? How aware is your department of that public perception that is being presented? This represents only a reasonably accurate transcription of the Iowa City council meeting of February 13, 1997 WS021397 February 13, 1997 Council Work Session page 49 And what have you done individually as a supervisor of that department to talk to your department about how they could, should respond. How they might amend their be.haviors if you think it is necessary? What have you done to address to your department a perception of that department by certain members of this community and I mean it as specifically as possible. How did you talk to them? Where there written directives? How did you talk to your department a~er the shooting? Winklehake/For the most part, in regards to that particular meeting, what we have done is I have addressed a number those issues with the supervisors here is what people said, here are things that you need to be aware of. Address a couple of things with individual officers that were brought up with respect to language that is used, perception of how they are treated. There were some of the issues that quite honest, one was 20 years ago. Can't do anything about that. There was a couple of them about perceptions of how people are treated and we always have to be reinforcing the fact that how you deal with people and to.treat them equally, the same, with courtesy regardless of what the incident is. Those kind of things are not just because of that but have been continuously discussed with individual supervisors. When they have individual complaint, they deal with it one on one with the officer. When we dealt with these particular issues, we had a staff meeting. We spoke at one point about these kind of issues. I spent a great deal of one and one time with individual officers as well. That has been an on-going process, particularly after the shooting with respect to the. different kinds of complaints that we have had. We have had individuals for other parts of our community call about some of the people who made comments. They added their comments to that with respect to what credence to give to some of the folks. And even that, when people say well, that is just so and so. Yes, but it is still a citizen in the community and deal with that particular issue. So those are on-going kinds of things. I don't know if that gives you an answer or gives you an idea. Baker/When you say staff meeting, what constitutes a staff meeting? Winklehake/A staff meeting is supervisors and that would be a staff meeting. We discussed a lot of different items. And some of the individual information about the Shaw shooting was provided along with just general comments about some of the concerns that we have. For instance, language when you deal with somebody/Just because you are drunk doesn't mean that you can go ahead and start using language that you should not be, period. Baker/ Have you ever- You say you have talked to individual officers. Have you ever had a meeting with a large group of patrolmen, patrol officers? Give me a sense of who in your department has heard from you? This represents only a reasonably accurate transcription of the Iowa City council meeting of February 13, 1997 WS021397 February 13, 1997 Council Work Session page 50 Winklehake/Supervisors, individual officers. I am dealing with officers daily, every day. To list off the names- At one point or another I talk to about every officer in the department. Baker/ Have you had those discussions since the shooting? In so many words said, if these things had gone on, this is a leading question, I apologize. If these things have gone on that is totally unacceptable and there will be punishment if we find out that this is- Winklehake/And the individual- If this is going on, it can't go on. It is inappropriate, period. For instance, sweating. We don't do that. The supervisors, if you hear that, it has to be reported and you can expect discipline. Baker/So you are trying to make the department more sensitive to public perception of its performance. Winklehake/We always try to. Baker/I realize that. Sometimes, you know- Winklehake./The general comments come- Yes, we always try to do that. Baker/Thank you. Nov/To follow up, before we take, are any council members on a strict time line? Baker/12:30. Nov/12:30. Anybody else? Okay. We are going to take a short break. [Council Break 11:40 to 11:50 AM] 20. Norton/I first want to just make a comment about the issue of policies and practices and procedures. I do not think that we are involved in specifying the details of police procedures. What I am concerned about is are we following and implementing the procedures that we have adopted as spelled out in the ILEA program and in our field training and that it still seems to me is our responsibility whether we may even disagree with some of those policies. But are they being. properly focused on the people who are in the field? Are want to reiterate, again, what it says. If there is an other, this is under Building Searches now, not under This represents only a reasonably accurate transcription of the Iowa City council meeting of February 13, 1997 WS021397 February 13, 1997 Council Work Session page 51 any other category. If there is any other reasonable option, do not go in, especially if you know, and I wrote or think, if you know someone is inside or suppose think would be the same thing. So, I am very deeply concerned about implementing that policy which is taught by the Academy. I am curious about how we supplement that training in our field training because I see categories in our field training that talk about exigent circumstances under search and seizure. That is the closest I can come. They talk about that and they talk about when to use a consent to search or explain reasonable expectations of privacy. It sounds like we attend to some of these matters but how are they being implemented? That is my question again, how are we implementing those policies and how are we supplementing them in our field training? Winklehake/Field training is generally given immediately after the Academy. So what the- Karr/R.J. nile on? (Can't hear) Nov/Just hang it up a little higher. Lehman/Hook it on your mustache. Nov/I have the same problem. I keep moving around. Lehman/You don't have a mustache. Winklehake/I also have been told I have to speak up more for the camera people; The- Generally the field training is done immediately after the officer has gone through the law enforcement academy so that the information that they get from the Law Enforcement Academy is still fairly fresh in their minds. We, as Linda had pointed out, and I think I mentioned it as well, we do not set up scenarios for them to go through. Field training is take the call, handle the call based upon the information that you have and the field training officer will make the judgment as to how well you are following the proper procedures. Field training gets into procedures more than training that you would have at the Academy. That is a basic level. The field training now is taking that and implementing it and putting it into practice on the street and the field training is evaluating how well you are doing that. If you are not doing it, the field trainer immediately brings that to your attention, that is on a daily basis. The field training supervisor is the person that is in charge of the field training also meets with the field trainer and the trainee to evaluate how well they are implementing the policy, procedures and so on that we have in respect to how they are actually answering the call. So the training that we do is based up on the This represents only a reasonably accurate transcription of the Iowa City council meeting of February 13, 1997 WS021397 February 13, 1997 Council Work Session page 52 Law Enforcement Academy, then taking it and putting it into practice during the field training, period. Norton/What do we say to them about the legal aspects of these issues? What do we say to officers in training about the legal aspects of this kind of search? Do we discuss any of the issues that Linda is now researching?. Winklehake/The legal issues that you are talking about, unless they are in that field training, the issues that Linda has researched, unless they are located in there, are not going to be a topic for discussion unless there is a call and something occurs where they are going to go into that kind of thing with the County Attorney's Office perhaps because to the type of call they have handled. Norton/Well, one last question. Was Gillaspic right in saying that SOP was to not issue a verbal warning? Winklehake/No. because when you are talking SOP, I am assuming it is written down. Norton/Well, that is- I don't know. SOP's in the army were always written down as you well know. Winklehake/SOP is not a term that I generally use and we usually do not use in the department. Norton/Well, it is in the standard operating procedure could be a standard practice, could be a policy that is written out. I think it probably could be either. But at least that was his words. Winklehake/What he is saying there, I believe, is if you are going to enter a building and you think there is a burglar in them, you are generally not going to know because you want the element of surprise. Norton/I don't see anything in the training where they are actually clear about when that should be used or not. I understand in certain cases when you have a suspect in mind, I understand that. But this is a case where you don't know what is in there. Winklehake/And when you look at the building, you are always assuming it is occupied. It doesn't necessarily mean by the person who is suppose to be in there. And that means that you have to have a reason for a higher level of concern whatever action you are going to take because somebody may be in there. You have to be prepared for the burglar, you have to be prepared for the- This represents only a reasonably accurate transcription of the Iowa City council meeting of February 13, 1997 WS021397 February 13, 1997 Council Work Session page 53 Norton/I am aware of that. I am saying what do you say to them about verbal warning? Are they to do it or are they not or is it discretionary? Winklehake/It depends on the situation and from that standpoint, yes it is discretionary. Norton/Okay. Nov/Okay, Karen. 21. Kubby/I want to follow up on a question that Dean had asked on February 1 to Linda about who would you have called in other than the DCI if anybody and why and you answered I would have called a department, a law enforcement department that I knew and trusted and that is all I am going to say right now. Would you elaborate on that a little bit? I guess I am having trouble seeing how having another, a different outside agency doing an investigation, at that point in time anyway, would have helped us have more information. Because you shouldn't have been exposed to their or been involved in their investigation because .you might need to be legal representative for an employee or the city as a client. So how would that have really made any difference in terms of communication? Woito/ Prior involvement by the ICPD with the DCI permitted Iowa City- The DCI treated us as sort of the client and the report ultimately was ours. This time, for some reason, the DCI took a different tact and decided the DCI report was not ours, it was their investigation alone. Kubby/Is that a discretionary thing or a change in their overall policy or-? Woito/I don't know. And so, I mean, R. J. and I were both surprised to find out that all of a sudden this thing. although it was suppose to be taken out of our hands from a criminal standpoint, was they attempted to take the entire thing out of our hands : for all purposes which was very frustrating. I mean it was the tail wagging the dog. Kubby/So, an advantage of a different outside agency at that time had been that we could have better communication? Woito/Yes. Kubby/And we have had different communication with the DCI in the past? Woito/Yes. This represents only a reasonably accurate transcription of the Iowa City council meeting of February 13, 1997 WS021397 February 13, 1997 Council Work Session page 54 Kubby/I wonder, have we ever explored that with them as to why this was treated differently? Is it because of the magnitude of the incident? Woito/I don't know. R. $. talked to them. Winklehake/When we contacted the DCI, I fully expected that we would be given the report. We had been given reports in the past on other incidents where they worked with us. But that was usually on a joint investigation such as a homicide. Whenever there is a homicide, we will call the DCI and because we want the additional staffing to be able to explore all leads quickly as possible and in this particular case, we invited them to come in. I, police department, I approved the decision to have them come in and investigate what we had done, one of the members of our department. They gave me a chronological- Something happened in the past where they gave a report to a police department and the police department gave it to the newspaper, the newspaper published it verbatim. They decided they are not going to even have that happen again. In this particular case, they said the report would go to the County Attorney because he would be the one that would be making a decision on prosecution. I have expressed my dislike for that policy to the agent in charge. Obviously it hasn't changed and from the way the Attorney General is talking, it may not change. But as far as calling somebody else in, if God forbid we were having another situation like this, my first choice is DCI. They have the best equipment, the best trained people to be able to do that kind of investigation, and that would be my choice to call in. I realize the thing that Linda is saying, but strictly from the investigation stand point or the ability to be able to perform that investigation, I believe they are the best ones to do that. Kubby/If, what's his name, Jerry- Woito/Jeff Fan'ell. Kubby/Who is representing the DCI at the Attorney General's office at the State of Iowa says no to releasing the report, the Freedom of Information Act requests that we are going to be making will go to Tom Miller, who is this person's boss, right? So he could be overruled by someone in the same office. Woito/That's right. Kubby/Is there any advantage, Linda, in your mind when there is a situation of this level to having the internal investigation be done by any outside of the department, This represents only a reasonably accurate transcription of the Iowa City council meeting of February 13, 1997 WS021397 February 13, 1997 Council Work Session page 55 another law enforcement agency to come in and do the internal investigation? Or in addition to? Woito/Did you ask do I see merit in it? Is that your question? Yes. I see some merit in it. I haven't really thought about whether I would have recommended this, except that this, my original response to the PCRB was to be an ad hoc response to serve as an external internal affairs review. Kubby/Internal to the institution but outside of that part. Woito/Right. Give them this document. Give them the rules and the policies and say go at it and review it. But the council chose to take a much more formal approach to the PCRB. And in terms of turning it over to another outside agency~ I guess they there would be some merit to that. I haven't really thought that through. Winklehake/Your outside agency would be the DCI. Woito/Not necessarily. Norton/It could be the Cedar Rapids Police Department. Woito/You could ask another, for example in some counties, they have their own internal affairs. I mean if something like this happened there, they would not go to the DCI. They would have their own Internal Affairs Department do it. But then they're a much bigger agency. ' Nov/Also if talk about Internal Affairs and internal investigation, the word does not apply to another department being asked to come in and investigate us. Kubby/Well, I'll ask my question in a different way. If we were trying to establish, when something of this magnitude has happened, it really is a traumatic thing for everybody involved and is there merit in having an outside agency help establish whether policies and procedures were followed correctly? And that would lead to disciplinary decision. Woito/I think in terms of being an outside objective neutral entity that we all felt we could trust, I think the answer is yes. And Larry's concerns have always been in terms of the internal review by you and what we're doing now. The perception is always going to be you know you're my clients. My report may be deemed a cover up of something and I think there is merit for an outside review, especially in something as horrendous as this incident. This represents only a reasonably accurate transcription of the Iowa City council meeting of February 13, 1997 WS021397 February 13, 1997 Council Work Session page 56 Norton/We were thinking in the the PCRB, just an incident comment, I haven't made too many. We were thinking in the PCRB procedures of actually joining somebody from the the PCRB, some representatives from that body. Right? Perhaps with the people to try to give the investigation all the credibility or at least more credibility perhaps than it might other wise have. I think that is still a consideration. Woito/Yes. I think so. Kubby/I guess my last question on this subject is do you see any merit in having, I guess really- I have really have two, I lied, I am sorry. I will ask the first one and try to remember the second one. Do you feel like there is any merit at this point in having an outside law enforcement agency having review this whole thing from dealing with the burglaries in the south part of town all the way through council dealing with it? Is there any merit to that at this point in your mind as our lawyer. Woito/At this point, I would rather have the PCRB do that. I think that falls within the jurisdiction of what you, what I see them doing and what you see them doing. Kubby/Okay. And lastly, we have been asked by membersof the public to think about asking Pat White to have an entity different and higher than he to look at the criminal aspects of this again. In your mind, are there any merit to that? Woito/Apparently there is some attorneys and I haven't done any research in this at all. But there is some common law that would permit a grand jury to be convened. at the behest of a citizen. The problem, there are no rules of procedure. There is really no case law. There is no case law in an (can't hear) in Iowa. And then the question is if Pat White refuses to be the prosecutor gMng the grand jury information, does the county have authority to hire an outside prosecutor, I have no idea. And who would be giving them advice as to what the law was? I mean they can't be a vigilante. This country rejected vigilantism in more than 200 years ago. So- Kubby/Is it legally possible for the grand jury to convene themselves? I have been told that by a few lawyers. Woito/ I have been told that by a few lawyers and some judges that they believe at common law, that that is possible. Then you have a problem with who Presents the case, where does the money come from to pay them? I mean, who pays for the court reporter?. This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1:t, 1997 WS021397 February 13, 1997 Council Work Session page 57 Kubby/The logistics of living out and convening itself. Woito/And whether the 6th Judicial District would do that. There are a whole series of unanswered questions. Atkins/And isn't there also a question of secrecy because they do conduct themselves in secrecy? It is all sealed so it would never get out. Woito/Right. Thomberry/Could I get a clarification to the answer to Karen's question that was a follow up to my question at the last meeting regarding my question to you. In retrospect, what other agency would you have called in if not the DCI? You said that there was another agency that probably should have been called in. What agency would that other than the DCI? Woito/There are several other law enforcement agencies that I think could have been objective and done a good job. Thomberry/Who would they be? Woito/Well, the one that I am obviously the most familiar with and have the most trust in is obviously Polk County Sheriffs Office. Kubby/Because of your past- Woito/Because they know- Yes, because I have worked with them for 8-9 years and I trust them. Thomberry/Over the DCI? Woito/Well, I mean, just in terms'of my experience and their approach would not be this is our report and we can't have it. If we requested it, it should be our report. Nov/Well, we understand all of that and as R. J. said, in previous practice, the DCI had behaved that way. So we were not prepared for them to behave badly this time. Woito/And I can have 20/20 hindsight that is perfectly clear that we obviously didn't have. Nov/Okay, Emie's turn. This represents only a reasonably accurate transcription of the Iowa City council meeting of February 13, 1997 WS021397 February 13, 1997 Council Work Session page 58 22. Lehman/My turn. I don't think anybody was more frustrated than the council in not getting information and I know we all were, whether it be R. l., Linda, Steve, council. We were very very frustrated to not have the information and having the public ask us questions. I guess my question is do you believe and this is for R. $., you and Linda both. Do you believe there was any agency in the state that would be more impartial and more fair than the DCI? Woito/I don't- I don't know. Winklehake/I don't believe so. I think the DCI is impartial, fair as they can be and they will, if there is a- something wrong they are going to tell you. Woito/The reason I hesitate to answer that, Ernie, is,! haven't seen their report. So in terms of my own- Lehman/I am just asking about impartiality. Woito/In terms of my own information and what I know from having talked to the officers, I don't know what their investigative techniques look- CHANGE TAPE TO REEL 97-32 SIDE 2 Woito/Question. Lehman/Do you trust them? Woito/As far as I know, I would trust them but I mean I have no reason to distrust them other than their lack of sharing information. Lehman/I totally agree with that, absolutely. Woito/I mean, I don't have any- Lehman/And I think, R. J., and I agree with you R. J., from what little I know, I think they probably are the most impartial organization in the state to investigate the situation like we had. But it is just horribly frustrating the lack of information. Norton/I find it incredible.that they are not a established procedure in the state or perhaps in the nation for investigating incidents in which a member of the police force is This represents only a reasonably accurate transcription of the Iowa City council meeting of February 13, 1997 WS021597 February 13, 1997 Council Work Session page 59 alleged to have been involved. I find it weird that an entity has some degree of fieedom as to where they go for an independent investigation. Woito/That is because the U.S. Supreme Court generally views that as a local decision. I mean, policing is a local matter. Winklehake/In Iowa, the answer is the DCI. Norton/Automatically? Winklehake/Generally. Norton/Generally but I mean not automatically? Winklehake/No because some departments will do their own investigation, Other departments may ask the county to do their investigation. Norton/I can see that. It just seems to me to be unreasonable. Woito/Waterloo asks Blackhawk County. Winklehake/I spoke to them and actually in reality they call the DCI into it. Norton/Maybe it is something that needs to be pursued legally. Lehman/Just an observation. I think had we asked the county or some other jurisdiction to do this investigation, we would be subject to a lot more criticism than we already are. I think the DCI probably- Nov/That is hard to know. Lehman/No, no, no. I am just- My own perspective. I am not speaking for you. Kubby/It is just hard to general- Because you are going to ask a law enforcement agency and some people would say that any quasi-person is automatically a kind a part of the brotherhood anyway. And so there is always going to be that tension no matter what we do. But the important point is there are choices. Norton/We should ask New York City. They have lots of experience. Thomberry/Would you trust them for a minute? This represents only a reasonably accurate transcription of the Iowa City council meeting of February 13, 1997 WS021397 February 13, 1997 Council Work Session page 60 Norton/No but they have had plenty of experience trying to figure out who should do invent an investigation. Thomberry/Well, you are going to be in Washington, D.C. You might as well- They have got an average of one killing a day in Washington, D.C. They must have some experience. Nov/Okay, Dean, do you have something? 23. Thomberry/I don't think this is set up to be a witch hunt and I surely don't want it to be. We are after answers of an incident (can't hear). And I am fairly well satisfied ifI don't- if there aren't any additional questions that the public hasn't wanted answered that hasn't been answered. There are going to be questions forever and I guess we could have these-meetings weekly and continue asking questions. I don't have anymore at this junction, I guess. Nov/At some point after we have been around, we are going to have to decide that questions from the public will be cut off. Now we may have to set a date of some sort so we don't carry on too long..Ijust everybody to think about that. Vanderhoef/I am going to pass. Nov/Larry. 24. Baker/Yeah, a quick question about training. This is for R. J. Is there anything in the ILEA or the ICPD training that highlights for an officer the potential danger of police work at the end of a shift when fatigue and stress are most likely? In other words, is there something, are officers made more aware of the fact that- I mean, common sensieally you are coming off of an 8 hour shift, you have been through stressful situations and you are called into another stressful situation, is this experience highlighted for a special training? Of for example, that particular night understand Gillaspic had been involved in another violent confrontation and at the end of his shift it is very stressful, should he or should any officer be more- have they been sensitized to be more alert, careful? What do you do about that as an issue? Or is it an issue? Winklehake/In regards to the Law Enforcement Academy, I cannot say with any degree of certainly as to what their training is in respect to that. With regards to the training that we have here, I think the only thing that comes close is the fact that as a general practice, we do not like to have officers work more than 12 hours or so This represents only a reasonably accurate transcription of the Iowa City council meeting of February 13, 1997 WS021397 February 13, 1997 Council Work Session page 61 at any given time in a row. And that is simply because of fatigue. But that is the only thing that I can think of that comes close and that is a policy, a practice if you will. Not a policy, but a practice that has been given the supervisors that we want to be very careful. We don't want people working 16 hour days and I have used the 12 as the number. That we use 12 hours in a row. Beyond that we don't want people to work. We prefer that they not work. But as far as actual sitting down policy written out and we train people that we do not work more than that, no, that is not the case. Baker/ An officer wouldn't- An officer's training, her or she wouldn't through the end of the shift go into a situation as part of this mental checklist that we keep talking about be more self conscious about their decisions that it is late, I am tired, I need to be more aware of my psychological physical condition. Or it is just assumed that they are sensitive to that? Winklehake/I don't know if it is safe to say that it is assumed that they are aware of that. The field training officer may well talk about fatigue as a factor during their training. But I cannot point to that location and say this is where we talk about it. Baker/You said they may well talk about it but you don't know for sure whether it is talked about. Winklehake/It is not spelled out. Baker/Okay. Winklehake/It may be something they discuss but I cannot point to it and say we do that everytime that we train somebody. Baker/Would you go back and ask those officers, field training officers if this is ever part of their training? Winklehake/If they could remember it, yeah, we can ask that question. Baker/Okay, thank you, that is it. Kubby/Are we going to stop at 12:307 Nov/I would like to stop at 12:30 or shortly after because Larry has to go. I would like some indication of how many more questions council members still have. This represents only a reasonably accurate transcription of the Iowa City council meeting of February 13, 1997 WS021397 February 13, 1997 Council Work Session page 62 Norton/I can ask more questions. It is somewhat like Dean says, it could go on endlessly. I am willing to defer at the moment. I assume questions come up Tuesday night, is that- wait a minute, is that Wednesday night? Baker/Next Wednesday night. Norton/Next Wednesday night is the next we visit this matter? Baker/We could sort of- That is where we have questions and the public is allowed to ask questions? Norton/Yes, so I take it there might be some additional come up there. Baker/Maybe we need to just impose a deadline on ourselves saving an hour for ourselves to wrap up. Anything else address individually but open it up to the public after that? Nov/I am trying to get an idea on what we have here today. Norton/I am going to pass, Naomi. Nov/Is there anyone- Larry, you for example, do you have ten more questions or three more questions? Baker/I have three more questions but they do not have to be asked today. Kubby/Most of my questions have to do with policy changes. Nov/Well, I would like us to give us some time today to try and wrap up general questions and then talk about policy changes the next time we get together and give out public discussion time to do policy changes or questions based on what they want. But I would hope that we can wrap up questions and if Larry is the only one who really has a couple more questions. Baker/No, I mean it is not my turn. Nov/Okay.' Kubby/Dee, did you pass? Norton/I passed. This represents only a reasonably accurate transcription of the Iowa City council meeting of February 13, 1997 WS021397 February 13, 1997 Council Work Session page 63 Nov/All fight, go ahead. 25. Kubby/This is a question about wearing vests. If you are in uniform and on duty, should you have a vest on? Winklehake/Sorry. Kubby/If you are a uniformed office on duty, is part of your uniform a vest? Winklehake/For the uniform, yes. Kubby/You should always be wearing your vest when you are on duty in uniform? Winklehake/It depends on the assignment. For instance, I do not require that captains to where a vest. Kubby/How about patrol officers? Winklehake/We provide them one. It is not mandatory that they were it.' However, we provide one .for them and they are encouraged to wear it whenever they are on duty. Kubby/So what about, for example, Kelsay was out specifically to do door checks and to be on the scene in an area where there are lots of burglaries. And he did not have a vest on. What about uniformed officers, plain clothes officers? Winklehake/The detectives, the uniformed investigators- I am sorry. The plain clothes investigators, they are not required to wear uniforms. They have the same option as the uniformed officers. We provide one for them. There are occasions where they are going to be involved in entry on a felony warrant or something, I will tell them I want you to wear that vest. Now you ask about Kelsay that night? Kubby/I am just thinking if you are out there because there are lots of burglaries, maybe it would have been a wise- Winklehake/Are you asking my opinion? I think he should have had it on. I think he is foolish not to have it on. Nov/Were the other officers wearing them? This represents only a reasonably accurate transcription of the Iowa City council meeting of February 13, 1997 WS021397 Council Work Session February 13, 1997 Kubby/G-illaspie was. Norton/Yes, they were. Nov/The other two were? Winklehake/Yes, the other two were. Oh yeah, yes they were. Kubby/Have you talked to Kelsay about that? Winklehake/Pardon? Kubby/Have you spoken with.Kelsay about that? Winklehake/Have I about that particular issue? I haven't. I don't know if Lieutenant Johnson has, I don't know. I have not spoken to him about that particular issue. Kubby/Thank you. page 64 RECOMMENDATIONS - POLICE PROCEDURE AND POLICY Revised 2/19/97 The I.C.P.D. should consider pursuing the development of a canine unit. In the policies and procedures associated with the canine unit the attendant rights and responsibilities of the owner and occupant versus the community interest in security associated with a building search can be weighed and considered. The use of a canine unit in these circumstances should be considered a use of force. Wherever practical, the use of "plain English" will be used throughout the description of policies, procedures, and field training tasks. This will also include the definition of various organizational units, and other related descriptive terms. The "Rules and Regulations" will be incorporated into one document with General Orders as "Policies and Procedures." Immediately following an incident whereby a weapon used by an Iowa City police officer is discharged, resulted to injury or death of a person, the individual officer will be subject to an alcohol and drug test. Procedures for such test to be identified. In the preparation of internal affairs reports, the investigating officers must detail the conclusion they have reached and the reasoning behind that conclusion. This will include, but not be limited to, any violation of law or any violation of Department or City personnel procedure or policy. o All I.C.P.D. training curriculum will be located in one place, one document, and kept at a location that is convenient for public review. The use of force policy for the Iowa City Police Department will be presented in both narrative and graphic presentations by a combination of 1991 and 1995 policy statements. The policy will require a periodic update of the training video on use of force. o The requirement for police review board with respect to any incident that involves the discharge of a firearm and/or other use of force will be determined by the chief and a report filed with the office of the Chief. The department will create an internal review committee to review the use of force during the preceding month. This review will summarize any trends or other factors that might be helpful to responding to the community's safety. 10. The chief of police will prepare an annual report on the use of force, and that report will be made available to the public. 11. The City Attorney will be assigned the task of training with respect to various constitutional issues associated with the work and responsibilities of Iowa City police officers. This will include, but not be limited to, constant update on the Fourth and First amendments to the U.S. Constitution and training related thereto. 12. The policy on outside employment needs to be rewritten to conform with actual practice, since the chief of police must approve outside employment. 13. The City Attorney, as a matter of policy, will be identified in the text of the General O. rders as the reviewing agency of all general orders and all field training tasks/manual. Also all special orders and department memoranda dealing with legal matters shall first be approved by the City Attorney before implementation so that they be reviewed in accordance with the various legal interpretations at the time. 14. An annual report on training activities for the Iowa City Police Department will be prepared by the captain for administrative services. 15. A detailed distribution list for all general orders of the Iowa City Police Department will be identified to include the City Attorney. The captain of administrative services will assume the responsibility for the continual update of those books according to the list. 16. The statement of mission and department goals and objectives in the department's rules and regulations was developed as a result of the Citizens' Task Force. A yearly list of activities and objectives with respect to the work of the department will be prepared. The proposal by the Citizens' Task Force lacked reference to changing legal environments and should be amended accordingly. 17. As a matter of policy the City Attomey's office will be notified at the initiation of an internal affairs investigation for their advice and guidance on the preparation of the investigative report. 18. The use of the language "unfounded", "exonerated," and/or "not sustained" is not sufficient with respect to internal affairs investigations. Clear language, in keeping with the plain English policy, will be developed. 19. Internal affairs reports are to be synopsized and the use of the term "be brief" be incorporated rather than "limit to ten lines". If policies and procedures are violated, any type of discipline that may result from an internal affairs investigation will be articulated in detail by the chief. The prior disciplinary history of the individual involved will be included in the report. 20. In response to citizen complaints, the previous practice of the use of a form letter will be eliminated, and a specific personalized letter sent. 21. The Iowa City Police Department has incorporated into its "use of force" the policy identified as the "Quad Cities" group. It was learned that this policy is substantially modeled after certain federal (e.g., Secret Service) use of force policies. It was concluded that the International Association of Chiefs of Police "use of force" policy is more appropriate, understandable, and, in accordance with Iowa and constitutional law. It also appears to more satisfactorily address community standards. Amendments will be made accordingly. 22. The IACP "use of deadly force" statement indicates that sidearms should not be exhibited or displayed in the absence of facts which necessitate the use of deadly force. It will be incumbent upon the City Attomey to include this as a component of "use of force" training for our officers. 23. Incorporate into training, both field and special refresher courses, instruction/tactics for "building searches." (City Attorney recommendation 2/11/97 memorandum. ) mgrlpollce,pol 3 OVERTIME AVERAGES OVER 6 RANDOM PAY PERIODS: Pay periods used were: February 10-23, 1996 May 18-31, 1996 August 10-23, 1996 October 5-18, 1996 November 30-December 13, 1996 January 11-24, 1997 385.25 hours by 40 officers for an average of 9.63 hours' per week 319.75 hours by 40 officers for an average of 7.99 hours per week 297.25 hours by 37 officers for an average of 8.03 hours per week 411.25 hours by 38 officers for an averge of 10.82 hours per week 176.25 hours by 27 officers for an average of 6.53 hours per week 374.25 hours by 32 officers for an average of 11.70 hours per week GRAND TOTALS FOR 6 PAY PERIODS TOTAL OVERTIME WORKED = TOTAL OFFICERS WORKING OVERTIME = AVERAGE HOURS PER PAY PERIOD = 1964 HOURS 214 9.18 City of. Iowa City MEMORANDUM Date: February 14, 1997 To; From: Re: City Council and City Manager Donald J. Yucuis, Director of Finance Q )(~'/ Revisions to the Fiscal Year 1998, 1999 andS2000 Proposed Three-Year Financial Plan and Capital Improvements Program Budget Through Fiscal Year 2002 A public hearing is scheduled for Tuesday, February 25, 1997, at 7:00 p.m. in the Council Chambers regarding the adoption of the Fiscal Year (FY) 98 budget, the FY98, FY99, and FY2000 three-year financial plan, and the Capital Improvements Program (CIP) budget through FY2002. This packet includes the public hearing notice that will appear in the newspaper on Thursday, February 20, 1997, and the forms that are required by the State to be filed with the adoption resolution. The attached schedules highlight the changes that have occurred in the FY98, FY99 and FY2000 three-year financial plan and the CIP budget between December 1996 and the City Council's final review and recommendation. Please note that the FY98 property tax levy rate is set at 12.796 per $1,000 of taxable assessed valuation compared to 12.653 in FY97. The FY98 tax levy request and total expenditures as published in the newspaper for the public hearing cannot be increased but can be reduced prior to final approval. Final City Council approval of the FY98 budget, three-year financial plan, and multi-year CIP plan is scheduled for Tuesday, March 4, 1997. Three resolutions will be presented for your approval. The first resolution will approve the FY98 budget excluding HACAP and Free Medical Clinic funding which will be presented separately in a second resolution. The third resolution will approve the FY98 to FY2000 three-year financial plan and also the multi-year Capital Improvements Program budget through FY2002. Please contact me at 356-5052 or Deb Mansfield at 356-5051 if you have any questions. Attachment finadm\budget\flnplan,mmo NOTICE OF PUBLIC HEARING BUDGET ESTIMATE Fiscal Year July 1, 1997 - June 30, 1998 City of Iowa City, Iowa The City Council will conduct a public hearing on the proposed 1997 - 1998 Budget at the Civic Center, 410 E. Washington St. on February 25, 1997 at 7:00 o'clock p.m. The Budget Estimate Summary of proposed receipts and expenditures is shown below. Copies of the detailed proposed 1997 - 1998 Budget may be obtained or viewed at the offices of the Mayor, City Clerk, and at the Library. The estimated Total tax levy rate per $1000 valuation on regular property is....$12.7962 The estimated tax levy [alLQ per H000 valuation on Agricultural land is ............ $ 3.00375 At the public hearing, any resident or taxpayer may present objections to, or arguments in favor of, any part of the proposed budget. ,1997 Is/ ' ~. Budget Re-estimated Actual FY 1998 FY 1997 FY 1996 REVENUES & OTHER FINANCING SOURCES Taxes Levied on Property 1 20,424,857 19,786,220 Less: Uncollected Property Taxes-Levy Year 2 Net Current Property Taxes 3 20,424,857 19,766,220 Delinquent Property Taxes 4 TIF Revenues 5 62,000 62,000 Other City Taxes e 456,000 440,000 Licenses & Permits 7 543,200 581,450 Use of Money & Property 8 2,860,612 3,038,274 Intergovernmental 9 15,306,700 21,158,327 Charges for Services 10 29,302,802 27,601,552. Special Assessments 11 Miscellaneous 12 3,352,959 1,632,673 Other Financing Sources 13 110,118,279 73,763,487 Total Revenues & Other Sources 14 182,427,409 148,043,983 EXPENDITURES & OTHER FINANCING USES Community Protection 15 (police,fire,street lighting, etc.) 11,148,317 11,054,763 Human Development 16 (health, library, recreation, etc.) 29,899,831 9,856,242 Home & Community Environment 17 (garbage, streets, utilities, etc.) 76,462,842 84,860,414 Policy & Administration 18 (mayor, council, clerk, legal, etc.) 5,788,065 6,339,908 'Non-Program 19 Total Expenditures 20 123,299,055 112,111,327 Less: Debt Service 21 11,472,254 8,814,941 Capital Projects 22 60,427,287 49,677,856 Net Operating Expenditures 23 51,399,514 53,618,530 Transfers Out 24 57,825,978 59,312,716 Total Expenditures/Transfers Out 2s 181,125,033 171,424,043 Excess Revenues & Other Sources Over (Under) Expenditures/Transfers Out 26 1,302,376 (23,380,060) Beginning Fund Balance July I 27 50,496,252 73,846,312 Ending Fund Balance June 30 28 51,768,628 50,466,252 19,193,169 19,193,169 55,164 461,445 559,452 4,424,769 15,718,322 25,585,849 52,099 2,758,528 58,436,008 127,244,805 10,160,176 7,367,017 84,638,307 6,913,042 0 109,078,542 46,938,255 12,458,960 49,681,327 34,131,923 143,210,465 (15,985,660) 89,811,972 73,846,312 ~n, On ~0 ,-- ~ ~ ....... .,~. 7 c o LI. · O. Li- n' )- uJ X n Z u. .J Z LU 8 CITY OF IOWA CITY FY98 - FY00 PROPOSED FINANCIAL PLAN RECONCILIATION OF CITY MANAGER'S ORIGINAL PROPOSED TO CURRENT PROPOSED AFTER CITY COUNCIL AND ADMINISTRATIVE ADJUSTMENTS FY98 FY99 FUND/REVENUE/EXPENDITURE DESCRIPTION BUDGET BUDGET GENERAL FUND: REVENUES: Total per City Manager's Proposed Budget Adjustments: Property taxes-based on final County Auditor's Valuation report Machinery & Equipment Credit from State Human Rights Housing Discrimination Grant Removed from Budget Sale of Peninsula Property - from 91,250,000 to 1,300,000 Sub total - General Fund Revenue Changes Total Proposed General Fund Revenues FY2000 BUDGET 29,579,743 31,874,301 31,874,126 (65,081) 86,145 (25,000) (25,000) 50,000 (3,936) 25,000 29,575,807 31,899,301 (25,000) (25,000) 31,849,126 EXPENDITURES: Total per City Manager's Proposed Budget Adjustments: Personal Services: City Council Proposed Salary Incr. Human Rights Investigator- additional 1/2 time (.50 FTE) Animal Control - Additional .50 Clerk/Typist Out by City Council Library: Requested to open 12 additional Sundays; reduced to 6 additional Parks - Additional MW II (.50 FTE) CBD Central Bus. District - Additional MW II (.50 FTE) Sub total - Personal Services Commodities, Services, & Charges:, Information Services chargeback - reduced due to GIS & Imaging projects removal Convention Bureau at full 25% of hotel/motel tax Senior Center postage reduced - mailing project to be done in FY97 Sub total - Commodities, Services, & Chargebaoks Capital Outlay: Neighborhood Services - PIN Program expenses ' Fire - {3) Speaker System not approved Police Patrol - vehicle purchase delayed due to no-cost lease extension Sub total - Capital Outlay Changes Transfers Out: General funding of Civic Center HVAC moved from Gov't Buildings to Non-Op Admin Non-Op Admin funding of CIP projects Streets funding of ClP projects Parks funding of CIP projects Parkland Acquisition/Development funding of CIP projects Sub total - Transfer Out Changes Sub total General Fund Expenditure Changes Total Proposed General Fund Expenditures 30,217,216 31,033,683 33,710,227 1,913 1,462 (889) 26,941 28,456 30,960 (16,040) (16,945) (18,463) (6,600) (6,833) (7,225) 16,168 17,084 18,621 16,168 17,085 18,623 38,550 40,309 41,627 (20,387) (73,576) (72,755) 10,000 10,300 10,609 (5,000) (5,150) (5,304) (15,387) (68,426) (67,450) 25,000 25,000 25,000 (10,500) (18,500) (4,000) 25,000 25,000 (7,500) (7,500) 25,000 44,000 25,000 (25,000) (25,000) (25,000) '(49,000) 50,000 (7,100) (7,100) (7,100) (63,600) 54,400 (7,100) (44,437) 51,283 (7,923) 30,172,779 31,084,966 33,702,304 CITY OF IOWA CITY FY98 - FY00 PROPOSED FINANCIAL PLAN · RECONCILIATION OF CITY MANAGER'S ORIGINAL PROPOSED TO CURRENT PROPOSED AFTER CITY COUNCIL AND ADMINISTRATIVE ADJUSTMENTS FY98 FY99 FUND/REVENUE/EXPENDITURE DESCRIPTION BUDGET BUDGET ENTERPRISE FUNDS: REVENUES: Total per City Manger's Proposed Budget Adjustments: Transit Agreement with University Heights - adjusted Total Proposed Enterprise Fund Revenues FY2000 BUDGET 42,185,651 45,873,062 49,830,238 4,319 7,620 13,242 42,189,970 45,880,682 49,843,480 EXPENDITURES: Total per city Manager's Proposed Budget Adjustments: Landfill transfer out to fund Hazardous Waste Recycling Facility CIP Landfill interfund loan to fund CIP's: Sr. Center HVAC and Airport Maint Bldg. Siding Information Services funding - reduced due to GIS & Imaging projects removal Sub total - Enterprise Fund Changes Total Proposed Enterprise Fund Expenditures 39,060,087 41,616,681 45,357,077 520,000 129,500 (9,235) (15,227) 640,265 (15,227) (15,700) (15,700) 39,700,352 41,601,454 45,341,377 OTHER FUNDS: REVENUES: Total per City Manger's Proposed Budget Adjustments: Debt Service Property Taxes - Revised bond issue projections Information Services funding - reduced due to GIS & Imaging projects removal Sub total - Other Fund Revenue Changes Total Proposed Other Fund Revenues 27,312,034 28,496,405 29,724,664 (2331506) 316,316 257,693 (26,000) (1OO,000) (100,000) (259,506) 216;316 157,693 27,052,528 28,712,721 29,882,357 EXPENDITURES: Total per City Manager's Proposed Budget Adjustments: JCCOG: Information Services chargeback - reduced Debt Service: revised principal and interest payments Assisted Housing: Information Services chargeback - reduced CDBG: Information Services chargeback - reduced information Services: Eliminate Imaging Capital Outlay in FY98, leave in FY99, FYO0 Information Services: Eliminate GIS Capital Outlay in FY99, FYO0 - will be CIP · Sub total - Other Fund Expenditure Changes Total Proposed Other Fund Expenditures GRAND TOTAL - OPERATING BUDGET Total Operating Revenues after Adjustments Total Operating Expenditures after Adjustments 28,283,582 30,648,751 31,658,112 (760) (3,584) (3,695) (375,490) 176,736 113,907 (1,047) (4,926) (5,079) (571) (2,687) (2,770) (26,000) (100,000) (100,000) {403,868) 65,539 2,363 27,879,714 30,714,290 31,660,475 98,818,305 106,492,704 97,752,8451 103,400,710~ 111,574,963 110,704,156 10 CITY OF iOWA CITY FY98 - FYO0 PROPOSED FINANCIAL PLAN RECONCILIATION OF CITY MANAGER'S ORIGINAL PROPOSED TO CURRENT PROPOSED AFTER CITY COUNCIL AND ADMINISTRATIVE ADJUSTMENTS FY98 FY99 FUND/REVENUE/EXPENDITURE DESCRIPT. ION BUDGET BUDGET FY2000 BUDGET CAPITAL IMPROVEMENT PROJECTS (CIP) REVENUES: Total per City Manger's Proposed Budget Adjustments: Revisions to multi year plan Bond Control Account Sale of Bonds (Sewer, Water,' GO) Sub total - ClP Revenue Changes Total Proposed CIP Fund Revenues & Transfers In EXPENDITURES: Total per City Manger's Proposed Budget Adjustments: Multi-Year Projects: Parking Ramp - Maintenance Wastewater - Main Break Repairs - Misc. Water - Main Break Repairs - Misc. Civic Center - Building Repairs / Improvements Subtotal Multi-Year Projects Fiscal Year Projects: Willow Creek Trail - Moved to FY97 Iowa River Trail - Burlington to Sturgis Ferry - Moved from FY97 Dodge St/ACT/Old Dubuque Rd. Intersection Imprv - Moved from FY97 Foster Rd.-West of Dubuque Phase I thru Elks - Moved from FY97 WW-Phase II-Napoleon Park Lift Station Wylde Green Sanitary Sewer - New Project Napoleon Park Renovation - Split between FY97 & FY98 South Soccer Field Complex - Split between FY97 & FY98 Librarv-Replace Roof,Carpeting and HVAC - Split between FY97 & FY98 Airport Maintenance Building Siding Senior Center HVAC Foster Rd.-Dubuque to Prairie du Chien (ROW/Grading) - Moved from FY97 Subtotal ClP Fiscal Year Projects Sub total ClP Expenditures Changes Total Proposed CIP Fund Expenditures Bond Control Account transfers out (Sewer, Water, GO) Total Proposed ClP Fund Expenditures & Bond Transfers 55,624,171 27,185,518 46,279,961 4,805,586 1,170,000 520,000 30,490,603 35,296,189 1,170,000 520,000 90,920,360 28,355,518 46,799,961 55,624,171 27,185,518 46,279,961 200,000 300,000 300,000 300,000 170,000 170,000 170,000 50,000 50,000 720,000 470,000 520,000 (299,000) 1,500,000 350,000 400,000 151,836 600,000 400,000 400,000 453,250 29,500 100,000 4,085,586 4,805,586 60,429,757 30,490,603 90,920,360 700,000 700,000 1,170,000 28,355,518 28,355,518 520,000 46,799,961 46,799,961 GRAND TOTALS: Revenues Expenditures 189,738,665 188,673,205J 134,848,222 131,756,2281 158,374,924 157,504,117 11 CITY OF IOIVA CITY CITY COUNCIL INFORMATION PACKET February 21, t997 .FEBRUARY 24'WORK"SE$SlON' ITEMS" 'IP1 IP2 IP3 City Conference Board Information Memorandum from Assistant Planning Director and Parking & Transit Director: City Parking Study Final Report Memorandum from Assistant City Attorney Mitchell: Committee Downtown Iowa Recommendations of the "Play Vehicles" IP4 IP5 IP6 IP7 IP8 IP9 IP10 IPll IP12 IP13 IP14 IP15 IP16 IP17 IP18 IP19 IP20 IP21 IP22 · MISCELLANEOUSI'TEMS .' ' ' :"::'..'":::::~I Memorandum from City Manager: Federal/State Financial Aid - Fiscal Year 1997 7?) Letter from City Manager to Christine Fennesy (MidAmerican Energy Co.): "Trees Please" Grant 7~/ Program Letter from City Manager to Representative Dick Myers State Sales Tax on Community Pool Water Memorandum from Community Development Coordinator: Update on the Community Housing Forum Subcommittees Memorandum from Finance Director: City Council Recommended Budget Changes from the February 10, 1997, Informal Meeting Memorandum from Memorandum from Memorandum from Memorandum from Memorandum from Lisa Handsaker and Marian Karr: Recognition Letter from Mary Spittier (US West Direct) to City Manager. Phone Book Recycling Letter from Paula Dierenfeld (Office of the Governor) to Mayor: Resolution in Support of Legislation to Rescind Language in Iowa Law Preempting Local Governments from Adopting Tobacco-Related Ordinances Letter from Barbara Grohe (IC Community School District) to Mayor: Safe Schools and Safe Communities Note from Nicole Hoch (Pahellenic Council President, U of I) to Mayor: Thank-You Minutes: PATV Board of Directors December 19, 1996, Meeting. Iowa City Water Division Press Release: Water Quality Invitation to Larry Olson Retirement Open House Agenda: February 18, t997, Johnson County Board of Supervisors Informal Meeting Agenda: February 24, 1997, Johnson County Board of Supervisors Informal Meeting City Clerk: February 10, 1997, Work Session -7_-~.~ City Clerk: Board and Commission Minutes '7~'~ Assistant City Attorney Mitchell: Partial Litigation Update -~-~ Assistant City Attorney Mitchell: Yeggy's Request to Meet with City Council 7qs 7 /7 7qg 7'// 7qo Information Packet February 21, 1997 page 2 Agenda for 2/25/97 meeting of the Board of Supervisors. OFFICE OF THE IOWA CITY ASSESSOR JOHNSON COUNTY ADMINISTRATION BUILDING DAN L. HUDSON ASSESSOR DEPUTY FEB 1 9 1997 ~ CAROLYN BURKE DEPUTY CITY MANAI EI 'S OFFICE February19,1997 Dear Conference Board Member: The meeting of the Iowa City Conference Board for the public hearing on the Iowa City Assessor's FY '98 budget is scheduled for Monday, February 24, 1997 at 7:00 P.M. at the Iowa City Civic Center. Enclosed, so you may review the infonnation before the meeting, are: 1. The Agenda 2. A copy of the January 29, 1997 minutes. 3. A comparison budget with 3% and 4% increase. 4. For reference, a survey of city assessor and staff salaries, benefits, and quantity and quality statistics. If you have any questions about the budget, or anything else, feel free to call me. Sincerely, Dan L. Hudson Iowa City Assessor 913 SOUTH DUBUQUE STREET · POST OFFICE BOX 1350 · IOWA CITY IOWA 52240 TELEPHONE 319-356-6066 February 19, 1997 TO WHOM IT MAY CONCERN: The Iowa City Conference Board will meet at 7:00 P.M. on Monday, February 24, 1997 at the Iowa City Civic Center Council Chamber. The purpose of the meeting is to hold a public hearing on the Iowa City Assessor's proposed budget for FY '98. AGENDA: 1. Call meeting to order by the Chairperson. 2. Roll call by taxing body. 3. Act on minutes of January 27, 1997 Conference Board Meeting. 4. Public hearing on budget. 5. Adopt budget. 6. Other business. 7. Adjournment. Dan L. Hudson Clerk, Iowa City Conference Board CITY CONFERENCE BOARD JANUARY27,1997 City Conference Board: January 27, 1997, 7:03 P.M. in the Council Chambers at the Iowa City Civic Center. Mayor Naomi Novick presiding. Iowa City Council Members Present: Baker, Kubby, Lehman, Norton, Novick, Thomberry, Vanderhoef. Johnson County Supervisors Present: Bolkcom, Duffy, Jordahl, Lacina. IC School Board Members Present: Matheson. Others Present: Hudson, Atldns, Helling, Karr, Woito. Tape Recorded: Reel 97-11, Side 2. Chair Novick called the meeting to order and Clerk Hudson called roll and stated that a quorum was present, the School having only one member present will not have vote recorded. The City moved to accept the minutes of the last Conference Board meeting, February 26, 1996, County seconded, and the motion carded, 2/0. City Assessor Hudson presented his proposed FY '98 Assessment Expense Fund Budget. The increases are $8,615 for 4% salary adjustments and $1,880 for FICA and IPERS increases. These are offset by a $3,928 increase in the unencumbered balance and a decrease of $6,700 for no assessment rolls and postage. This leaves a net decrease of $133, while the levy rate drops over 2% to .20015 fxom .20450. Funding for the Special Appraiser's Fund of $53,018 is requested. This is made up of $1,500 to the car replacement fund, $5,000 to a new computer replacement fund, $2,500 to a new leave contingency fund and $50,000 to a new mass re-appraisal fund. Discussion was held about the budget. The City moved to lower the 4% wage increases to 3%, and the County seconded. After disenssion the vote was deadlocked, City - yes, County - no, School - no vote. It was decided to publish the budget as proposed since it can be lowered at the public hearing, but not raised. The County moved to accept the proposed budget for publication, City seconded, and the motion carried, 2/0. The County moved to set the public hearing for Monday, February 24, 1997 at 7:00 P.M. at the Iowa City Civic Center, City seconded, and the motion carried, 2/0. The vacancy on the Iowa City Board of Review has been advertised and there were two applicants. It was moved by the County to appoint Haywood Belle to the Board of Review for a term ending December 31, 2002, City seconded, and the motion carded, 2/0. Other Business: Councilor Baker still wants to study combining the city and county assessor's offices and decided a good time to look at it would be when the current city assessor retires is approximately 3 years. The assessor also stated that during the next year he would do the customer survey that was suggested last year. There being no further business, it was moved by the City, seconded by the County to adjourn at 7:37 P.M. Motion carried unanimously, 2/0. Dan L. Hudson Clerk, Iowa City Conference Board ITeM # 31 32 32 35 35 35 31,32,35 COMPARISON OF 3% ANI} 4% ITEMIZED BIJI)GET - ASSESSMENT EXPENSE FUND EXPRNDITURE 4% FY '98 SA!.ARIRS 3% FY '98 City Assessor $ 54,350 $ 54,350 First Deputy 46,710 46,260 Second Deputy 43,970 43,550 Plat Supervisor 32,960 32,640 Clerk 28,205 27,935 Appraiser/Clerk. 23,020 22,800 Longevity 2,825 2,825 Total Salaries $ 232,040 $230,360 34 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 OTHER RXPRNDITURRS Board of Review Employer Share: FICA Employer Share: IPERS Health Insurance Mileage & Auto Office Supplies & Postage Telephone Publications, Subscriptions & Dues Bonds & Worker's Compensation Equipment Maintenance Appraisal Service Insurance Continuing Education Appeals to Court Schools & Conferences Legal Unemployment Conference Board Examining Board Computer Charge Total Other Expenditures TOTAL BUDGET UNENCUMBERED BALANCE TO BE RAISED BY TAXATION $ 9,000 18,440 13,350 28,000 1,600 7,700 1,100 1,400 800 200 40O 3,500 2,200 25,000 3,800 2,000 2,000 0 30 8,800 $129,320 $ 361,360 -41,980 $ 319,380 $ 9,000 18,310 13,250 28,000 1,600 7,700 1,100 1,400 800 200 400 3,500 2,200 25,000 3,800 2,000 2,000 0 30 8,800 $129,090 $ 359,450 - 42,460 $ 316,990 COMPARISON OF 3% AND 4% BUDGET - SPECIAI, APPRAISERS FUND 4% FY '98 Mapping & Appraisal Car Replacement Re-Appraisal Fund Leave Contingency Computer Replacement 25,500 4,500 50,000 2,500 5,000 87,500 34,482 53,018 TOTAL UNENCUlVIBERED BALANCE TO BE RAISED BY TAXATION GRAND TOTAL TO BE RAISED BY TAXATION $ 372,398 3% FY '98 $ 25,500 4,500 50,000 2,500. 5,000 87,500 - 34,482 $ 53,0 8 $ 370,008 MAXI~ LEVY ALLOWED FOR 3% Maximum Assessment Expense Fund 1,595,674,307 x .00027 IPERS & FICA Funds Unemployment Compensation & Tort Liability Maximum for Assessment Expense Fund Maximum Special Appraisers Fund 1,595,674,307 x .000405 Maximum allowed without State approval Maximum Emergency Fund 1,595,674,307 x .00027 (Which requires State Appeal Board Approval) Maximum that could be raised by taxation for FY '98 FiscalYear 1979-80 1980-81 1981-82 1982-83 1983-84 1984-85 1985-86 1986-87 1987-88 1988-89 1989-90 1990-91 1991-92 1992-93 1993-94 1994-95 1995-96 1996-97 1997-98 4% 1997-98 3% LEVIES AND RATES SINCE 1980 AmountLevied 146,050 175,930 184,145 192~60 201,186 200,278 181,958 186,780 149,491 218,823 191,619 234,390 252,789 242,474 228,690 316,002 303,281 319,513 319,380 316,990 LevyRate .26746 .29593 .30081 .28004 .27000 .22454 .18905 .17616 .13953 .19279 .16666 .19498 .20574 .18729 .16688 .22132 .20446 .20450 .20015 .19866 Amount Levied $ 61,000 15,000 98,868 73,890 75,000 45,000 75,000 120,000 78,000 64,000 30,000 17,000 53,018 53,018 $ 430,830 31,560 2,800 $ 465,190 $ 646,250 $1,111,440 $ 430,830 $1,542,270 Levy Rate .09592 .02177 .13000 .08284 .06416 .03743 ' .06104 .09269 .05845 .04482 .02023 .01088 .03323 .03323 City of Iowa City MEMORANDUM Date: To: From: Re; February 21, 1997 City Council Jeff Davidson, Assistant Planning Director "~/~ Joe Fowler, Director of Parking and Transit Downtown Iowa City Parking Study Final Report At your February 24, 1997 work session we will continue our discussion of the downtown parking study by addressing issues 6, 7, and 8 on pages 50-52. Hopefully we can get through the remaining issues. You will also notice a couple of points in need of concurrence or clarification in the italicized sections which follow. We will need to briefly discuss these with you on the 24th. At the last discussion on February 10, the following conclusions were reached: Staff should immediately increase the availability of downtown parking permits, using the excess parking capacity on the upper floors of Capitol Street Ramp, Dubuque Street Ramp, and Chauncey Swan Ramp. The additional permits should be limited to the upper floors of these facilities, with the necessary enforcement by the Parking Division to ensure that lower level parking remains for downtown shoppers. It is our recommendation that we proceed at the current time with 1 O0 additional permits in Dubuque Street Ramp and 100 additional permits in Chauncey Swan Ramp. This is a 26% increase in the current number of downtown parking permits (835). The addition of 200 permits allows us to use much of the excess capacity in these facilities, while retaining some excess spaces for short-term parking. We do not believe any additional permits should be placed in Capitol Street Ramp at this time. Because of the prohibition on parking on the first three floors of Capitol Street Ramp until 10 a.m., there are very few spaces for additional permits at the top of Capitol Street Ramp. The additional permits would have to be accommodated within the first three floors where the parking prohibition until 10 a.m. currently exists. This could probably be handled by changing the parking prohibition until 10 a.m. to only the first two floors of Capitol Street Ramp. Because this would reduce the amount of short-term shopper parking in this area, we do not recommend it be done at this time. We would also suggest that you implement a moratorium on permit holders in Chauncey Swan Ramp upgrading to a Dubuque Street Ramp permit. Otherwise, this could quickly deplete the 100 additional permits in Dubuque Street Ramp, leaving all the new permit capacity in Chauncey Swan Ramp. Chauncey Swan Ramp is a less desirable location for us to work with attracting new office development to downtown Iowa City. We also propose a 50/50 split in the new 200 permits to be divided between new office develop- ment and availability to the general public. If some limit such as this is not placed on the 200 new permits, we predict they will all sell out at the beginning of this fall's University semester. Downtown Parking Study--Final Report February 21, 1997 Page 2 Given what we project as the demand for the new permit capacity you have created, we feel it is extremely important for the City Council to commit to acquisition of property as 'soon as possible for the Near Southside multiuse parking facility, wherever it may eventually be located. A decision is needed within the next couple. of months so that we can get a facility designed for construction in FY98. If this does not occur we believe the selling of additional permits in the City parking ramps will quickly get us to a position where parking for short-term shopping uses is severely compromised. The additional monthly permit capacity should be used as a marketing tool for downtown economic development, especially office development. These marketing efforts should not include subsidy of permit rates. 3. The existing parking permit pricing differential, which reflects the convenience of the respective permit facility locations, should remain in effect. 4. There should be no shifting of permits out of certain parking facilities. 5. There should be no increased enforcement of meter feeding. All 30-minute on-street meters in the Central Business District should be converted to 60-minute meters; all Central Business Distdct 60-minute on-street meters should be converted to $1.00 an hour with 15 minutes for 25¢. We will begin phasing in this change immediately. Would you please clarify for us if this is intended to include parking meters along Iowa Avenue. There are approximately 160 60-minute meters in this area, and we are not sure if you want these converted to the $1 per hour or only the 60-minute meters on Clinton, Washington, Dubuque, and Linn. Increasing the amount of downtown on-street angle parking on Linn Street and College Street should be investigated. Can it be done with new striping and meters, or does it require major pavement reconstruction? 8. There is not a great deal of interest in a carpool monthly parking permit system, but information regarding such a system should be made available for subsequent discussion. Attached you will find a proposal for a carpool monthly parking permit program which we developed last year. It has been revised to reflect your decision to increase the number of available monthly parking permits. If time permits, we can also discuss this at the February 24 work session. Attachment cc: Steve Atkins Karin Franklin Bill Dollman David Schoon Don Yucuis jw/parking.Jd City of Iowa City MEMORANDUM Date: February 18, 1997 From: City Council Jeff Davidson, JCCOG Transportation Planner Joe Fowler, Director of Parking & Transit '~.--.- Re: Proposal for a Carpool Monthly Parking Permit Program at the City Parking Ramps If Council is in favor of implementing a monthly parking permit system oriented to increasing the average number of occupants per vehicle, we recommend proceeding with 25 carpool monthly parking permits each in the Capitol Street and Dubuque Street parking ramps. These would be in addition to the current number of permits at each facility. This system could be implemented immediately. We initially felt it was likely that the persons taking advantage of this program would be persons currently 'parking all day at the hourly rate because they could not get a monthly parking permit. Given Council's recent decision to expand the monthly permit system, the demand for carpool permits may be significantly reduced. The successful carpool programs we are aware of in large urban centers involve mandated use by an employer, not voluntary use by motorists. Prior to offering carpool permits to the public, current permit holders would be offered the opportu- nity to convert from an unrestricted permit to a carpool permit. It is our opinion that there will not be significant conversion of regular permits to carpool permits. We do not feel motorists will want to trade the convenience of a regular permit for the financial incentive of a carpool permit. Proposed rules. Vehicles with carpool permits would be required to enter the ramps with at least two occupants. For enforcement purposes, dropping off passengers before parking would not be possible. Reserve spaces for the carpool program would be located on lower levels of each ramp to encourage use and ease of monitoring. Carpool permit holders would be spot-checked by current Parking Division employees. A substantial penalty would have to be established for violations. Spaces for carpool users would be reserved until 10:00 a.m. At that time they would become available to the general public. Complaints that we are likely to receive include permit holders who are given tickets that will claim their carpool rider is ill that day or on vacation. We have all heard the stories of creative methods which have been used to circumvent programs designed to encourage multiple occupant vehicles. The price incentive for this program should be substantial to encourage participation. A 50% discount on the current permit cost combined with reserved lower level parking would offer an attractive package to potential users. A 50% discount from the current permit rate would result in Dubuque Street ramp permits at a cost of $22.50 per month, and Capitol Street ramp permits at $27.50 per month. Financial impacL It is difficult to precisely project the revenue impact on the parking system from this proposal. If all If all 50 carpool permits were sold and each vehicle contained two people who were parking all day at the hourly rate, the resulting net loss in revenue would be $100,000 per year. This is the worst case scenario from a revenue standpoint, but we should 2 expect some loss of operating revenue to occur. Council should be aware that the gains in reduced traffic volume and savings in capital facilities expense by increasing average auto occupancy will come at a cost of lost operating revenue for the parking system. We have stated to you on several occasions that most of the complaints we receive about the monthly parking permit system pertain to the availability of permits, not the expense. With the recent Council decision to increase the availability of monthly permits, we feel this will significantly decrease the demand for carpool permits. If the availability of regular permits is restricted, then there may be demand for carpool permits. Let us know how you would like us to proceed. jccogtp\ca~poo12.mmo City of Iowa City MEMORANDUM Date: To: From: Re: February 21, 1997 The Honorable Mayor Naomi N. Novick and Members of the City Council Dennis Mitchell, Assistant City Attorney ,~'~ Recommendations of the "Play Vehicles" Committee Attached please find a copy of the memorandum setting forth the recommendations of City Staff for new regulations regarding play vehicles. I will available at the work session on Monday evening to answer any questions you may have. CC: Linda Woito, City Attorney Stephen Atkins, City Manager Bill Dollman, Parking & Transit Capt. Patrick Harney, Police Terry Trueblood, Parks & Recreation Jeff Davidson, Planning & Community Development Rick Fosse, Public Works City of Iowa City MEMORANDUM To: From: Date: The Honorable Mayor Naomi J. Novick and Members of the City Council Linda Newman Woito, City Attorney; ~ Dennis J. Mitchell, Assistant City Attorney August 22, 1996 Re: Recommendations of the "Play Vehicles" Committee City Staff met on August 13, 1996 to further discuss "play vehicles." The Committee included: Bill Dollman, Parking & Transit; Captain Patrick Harney, Police; Terry Trueblood, Parks & Recreation; Jeff Davidson, Planning & Community Development; Rick Fosse, Public Works; Linda Newman Woito, City Attorney; and Dennis Mitchell, Assistant City Attorney. The Committee unanimously makes the following recommendations. A summary of the proposed regulations is contained in the attached grid. A. Definition of "Play Vehicles." Under Section 9-1-7 of the City Code, "toy vehicles" are prohibited from going upon roadways, but the term "toy vehicle" is not defined. The Committee recommends substituting the term "play vehicles" for "toy vehicles". Define "play vehicles" as roller skates, roller blades, skateboards, coasters, in-line skates, and other similar wheeled or coasting devices, including unicycles. Specifically exclude bicycles from the definition of "play vehicles". B. Regulation of Play Vehicles in the Central Downtown Business District. Prohibit play vehicles on the public right-of-way, including sidewalks, in the Central Downtown Business District. Define the Central Downtown Business District as that area bounded by Capitol Street to the west, Burlington Street to the south, Van Buren Street' to the east, and Iowa Avenue to the north. Bicycles are currently prohibited on sidewalks in all commercial districts under Section 9-8-1 E. The Committee recbmmends amending Section 9-8-1E'to only prohibit bicycles on sidewalks in the Central Downtown Business District as defined above. NOTE: Earlier this week, and subsequent to the final recommendations of the Committee, this office received a call from Eldon Snyder of the University of Iowa Community Credit Union. The Credit Union, which is located on the north east corner of Iowa Avenue and Van Buren, falls just outside of the boundaries of the area the Committee recommends as the Central Downtown Business District. Eldon stated that the Credit Union currently has problems with skateboarders and expressed concern the proposed ordinance could drive more skateboarders to their location. Eldon asked our. office to convey his concerns to the City Council and his desire to have the boundaries of the Central Downtown Business District expanded to.include the Credit Union. 2 C. Regulation of Play Vehicles on Other Public Right-of-Ways and Public Places. Prohibit play vehicles, with the exception of roller blades, in-line skates, and roller skates, on all roadways, alleys and streets, as well as in public parking lots and public parking ramps. Prohibit roller blades, in-line skates, and roller skates on all roadways, alleys, and streets except in RS-5 (low density residential) and RS-8 (medium density residential) zones. This would limit the use of roller blades, in-line skates, and roller skates to less busy, "local" streets. Require roller bladers, in-line skaters, and roller skaters who use roadways, alleys and streets in RS-5 and RS-8 zones to follow the rules of the road. Prohibit roller blades, in-line skates, and roller skates on all public parking ramps and public parking lots, except for the top level of Chauncey Swan Parking ramp after 6:00 p.m. if additional fencing or railing is erected. This exception would allow those who currently play roller blade hockey on the top level of Chauncey Swan to continue to do so if additional fencing/railing safety precautions are added. Those who play roller blade hockey on the top level of Chauncey Swan have expressed concern over the lack of any other safe, alternate place to play roller blade hockey in Iowa City. Permit all play vehicles on sidewalks in residential areas, but require play vehicles to yield the right-of-way to pedestrians. Bicycles are currently allowed on sidewalks in residential areas under Section 9-8-1 E, and must yield the right-of-way to pedestrians. In addition, prohibit bicycles in public parking ramps and public parking lots except for parking bicycles in bike racks. D. Prohibit the Use of Play Vehicles and Bicycles Within the City Plaza. Section 10-5-4, currently entitled "Bicycle and Skating Restrictions," prohibits the use of bicycles, roller skates, roller blades, skateboards, and other such coasting or wheeled devices within the City Plaza. Amend this Section to prohibit all "play vehicles," as well as bicycles. E. Regulations of Play Vehicles in Parks and Playgrounds. Prohibit the use of play vehicles in Chauncey Swan Park. However, allow the use of play vehicles in all other parks and playgrounds except where posted as prohibited, as long as the play vehicles are used in a safe manner so as not to injure other persons or property. The Committee recommends prohibiting play vehicles in Chauncey Swan Park because of the continuing problem with the destruction of public property. F. Repeal Code § 9-3-9, Entitled "Play Streets." Under this ordinance, the Traffic Engineer has the authority to designate any street a "play street." Only drivers who reside or have business on the street are authorized to drive on a street while it is declared a "play street." Apparently the purpose of the ordinance was to allow the Traffic Engineer to close streets for sledding during the winter. The Committee believes this Section should be repealed because it is outdated. Other City Code sections currently provide for parades, block parties, etc. G. Miscellaneous. The Committee recommends that the Council request a report from Parks and Recreation on the feasibility of building a skateboard park. Although the Committee questions whether a skateboard park would be used enough to justify the costs and has concerns about where a skateboard park could be located in order to make it accessible, the Committee believes Parks and Recreation should be asked for its recommendations. The Committee also recommends requesting a report from Parks and Recreation on the feasibility of building an ice\roller blade hockey rink. Attachment CC: City Clerk City Manager Assistant City Manager Bill Dollman, Parking & Transit Captain Patrick Harney, Police Terry Trueblood, Parks & Recreation Jeff Davidson, Planning & Community Development Rick Fosse, Public Works x m o o o o o City of Iowa City MEMORANDUM Date: February 12, 1997 To: City Council From: City Manager Re: · Federal/State Financial Aid- Fiscal Year 1997 While it is difficult to predict State legislature and Congressional behavior particularly as it relates to domestic spending, we all are aware that reductions in federal aid can be expected. Little to no growth in State aid is anticipated. The following is a review of federal aid for programs and projects administered by the City. The issues of state fiscal control, such as tax freezes, tax caps, changes in property assessment, etc., are not discussed but do have a bearing on our community's future financial welfare. · Federal transit operating assistance $250,000 For Fiscal Year (FY) 97 Iowa City Transit will receive $250,000 ($192,000 operations and $58,000 capital outlay) in FTA Section 5307 (formerly Section 9) Operating Assistance compared to $264,992 in FY96. It appears that operating assistance ($192,000) will remain at a constant level through FY98. Staff is assuming elimination of operating assistance by FY2001. State transit operating assistance $266,000 Iowa City Transit received $278,262 in FY96 and anticipates $266,000 in FY97 in State Operating Assistance. We assume little change in dollar amounts between FY97 and FY98. This money is from a dedicated fund which is 1/20th of the first four cents of the state tax on new and used car purchases. These funds do not appear to be in jeopardy, although some highway construction interests have classified this funding as a diversion of Road Use Tax Funds and recommended this practice be eliminated. Currently the Governor has initiated a study group with respect to the use of Road Use Tax funds. We are not aware of the status of this review. Federal transit capital assistance $2,107,250 In FY97 we are scheduled to receive $533,000 in FTA Section 5307 capital assistance (local share $125,500) for a variety of transit projects. Iowa City Transit will also receive in FY97 $2,054,250 in Federal Section 3 capital assistance funds for 83% of the cost of ten (10) new buses. Although the federal capital assistance is at risk, we foresee no significant difficulties until at least FY2002. A current Congressional recommendation is to reduce the level of funding from 83% to 50%. Several years ago the City set up a capital reserve for the City's share (17%) of the cost of replacement buses (depreciation account). This fiscal policy has worked well and funds were transferred into the reserve from the City's general revenues. Starting in FY97, the City has stopped making transfers into the reserve, and will fund the local share through a general obligation bond issue. 2 Community Development Block Grants $1,364,816 This is a federal grant used to meet the goals and objectives of the CITY STEPS plan. These funds are used for housing, jobs, and services for low income residents. The current allocation is as follows: Administration and planning Operations (aid to agencies) Contingency (unallocated) Projects $125,000 169,050 192,542 878,224 A substantial portion of these CDBG funds are dedicated to our area human service agencies and the City's housing rehabilitation programs. The staff administering such programs are paid by these federal funds. HOME Investment Partnership $562,000 Iowa City began reviewing HOME funds in FY95. This federal program focuses on housing activities ranging from construction to tenant-based rent assistance for low income persons. Administration $56,000 Projects 506,000 Emergency Shelter Grants $69,600 This program is a "pass through" from the State of Iowa. Five local human service organizations receive ESG funds from the state on an annual basis. The City's role is with the coordination of the ESG program and day-to-day administration. Administration Operation (Aid to Agencies) Airport Improvements Grant (since 1988) $3,180 60,400 $1,261,545 Our airport has been fortunate since 1988 to have received a number of state and federal grants. Budgeting from the FAA Aviation Trust Fund was at $1.45 billion dollars for FY96. Budgeting for FY97 is proposed at $1.6 billion dollars. An increase in funding will probably not have any effect on the Iowa City Airport. In that the Master Plan was not concluded until July 1996, we missed the cutoff date to be programmed for FY97 funding. We have applied for funding in FY98. There is a move in Congress to appropriate funding from the Trust Fund through a multi-year program. This would make it easier to program capital improvements. There are several billion dollars in the Trust Fund and, at this time, the money is to be appropriated annually. 3 Most airport project grants require a 10% local match. Whether the FAA will fully fund its share of capital improvements for a renovated airport is unknown. Historically, FAA has done so. The following represents the 1988 to present funding. Pavement rehab, Runway 17/35 Feasibility study Pavement rehab, Runway 06/24 Crack sealing, Runway 17/30 Security fence Master Plan grant Miscellaneous $320 000 61 380 646 065 58 567 14 000 93 629 67 904 Assisted Housing Programs- FY97 The following information details federal funding levels for existing housing assistance programs. Current appropriations do not allow for program expansion and have not had an effect on our current service level Section 8 certificate/voucher program (i.e., total number of voucher/certificates). Section 8 (FY97) 527 certificate 350 vouchers Administration 2,167,896 1,074,684 443,987 3,907,403 These are annual housing assistance payment funds. Staff anticipates funding to remain at a constant level, with minor increases due to an inflationary factor. Performance Funding Subsidy (PFS) $62,172 PFS is available from HUD to assist public housing authorities in meeting operational expenses. Staff assumes slight reductions in PFS funding. The City's public housing operations are substantially funded through rental income. Community Improvement Assistance Program (CLAP) $183,000 ClAP funds are used to improve and upgrade Public Housing units. ClAP funding should continue in the future but at lower funding levels. 4 Capital Improvements Projects There are many capital projects, notably street improvements, funded by federal souroes. These federal sources are often federal trust (specific purpose) fund revenues, such as federal gasoline tax and therefore not as often subject to Congressional budget cutting. The projects listed show the federal share only. We do not believe major reductions are forthcoming. Iowa River Corridor Trail Melrose, Brookside Melrose near West High Melrose near Hawkins First Avenue - Muscatine Burlington/Gilbert Intersection FY96 $391,700 970,000 1,355,900 442,000 400,000 FY97 200,000 Assisted Housing Programs As indicated, we do not expect a change in current federal support for housing assistance; however, capital funds, construction, purchases, etc. will likely be eliminated or severely reduced. Also, in order for the federal money to "go further," it can be expected that federal regulations may change, such as rather than 30% of their income being a requirement for low income families, it would be increased to say 32%. ftnadm/ald.97 February 14, 1997 CITY OF I0 WA CITY Christine M. Fennes¥ MidAmerican Energy Co. 1 River Center Place 106 E. Second Street Davenport, IA 52808 Dear Ms. Fennesy: On behalf of the citizens of Iowa City, we would like to take this opportunity to express our community's appreciation to MidAmerican Energy for the "Trees Please" grant program. Iowa City's $3,500 portion of the grant will be put to good use planting trees along Mormon Trek Boulevard, We are sure that the many visitors and residents who drive and walk along Mormon Trek Boulevard will greatly appreciate the trees for many years to come. The citizens of Iowa City have a long history of holding trees as an important part of their community, and we will be pleased to tell them about MidAmerican Energy's part in supporting that commitment into the future, Sincerely, City Manager CC: Terry Robinson City Council tp5-4cm.doc 410 EAST WASHINGTON STREET · IOWA CITY, IOWA $2240-1826 · (319) 356-$000 · FAX (319) 356-5009 731 MidAmerican ENERGY MidAmerican Energy Company One RiverCenter Place 106 East Second Street R O. Box 4350 Davenport, Iowa 52808 319 326-7111 Telephone February 5, 1997 Terry Robinson 410 E. Washington St Iowa City, Iowa 52240 Dear Mr. Robinson: Congratulations! Iowa City has been awarded a $3,500.00 grant from MidAmerican Energy Company's tree planting program, Trees Please! We're pleased that your community has made a commitment to a tree-planting project. Enclosed, please find a Progrmn Agreement, which lists your responsibilities and the accomplishments required of your committee. Please sign this agreement and return it in the postage paid, self-addressed envelope. Upon receiving the signed agreement, a check will be issued to your community. As the 1997 program manager, I encourage you to call me with any questions or concerns regarding the trees program. MidAmerican also has a tree booklet available for additional information on tree planting. If you would like one, please call 1-800- 434-4017. Sincerely, Christine M. Fennesy Program Manager CITY OF I0 WA CITY February 19, 1997 The Honorable Dick Myers Representative (49th District) State Capitol Des Moines, IA 50319 Dear Mr. My~~,~,'---- Thank you for the information regarding exempting State of Iowa sales tax on community pool water. We have reviewed the law and our community pool is not now being charged sales tax for municipal water use. Sincerely, Stephen J. Atkins City Manager cc: City Council Irn~sa2-12,doc 410 EAST WASHINGTON STREET + IOWA CITY, IOWA 52240-1826 · (319) 356-$000 · FAX (319) 336-$009 City of Iowa City MEMORANDUM DATE: February 14, 1997 TO: City Manager and City Council FROM: Maurice Head, Community Development Coordinator Update on the Community Housing Forum Subcommittees Rackground On October 23, 1996 the Planning and Community Development Department along with the Home Builders Association and Chamber of Commerce held the Community Housing Forum. After this successful forum, attendees and others in the community received our information about the opportunity to participate on one of the working groups/ subcommittees. We received a great response from the community and the subcommittees filled very quickly. Each subcommittee is well-balanced and represents a cross-section of Iowa City. The majority of issues and solutions generated at the Community Housing Forum fit into one of the following broad areas: 1,) Development and Regulatory Measures, 2.) Funding Mechanisms, and 3.) Target Groups and Goal Setting. These categories represent the three subcommittees. Subcommittees The three subcommittees are comprised of 12 to 14 members. Attached is a list of members for each subcommittee. To date, each subcommittee has met twice. The subcommittees have refined the issues from the October 23 meeting and approved a workplan to guide the discussions for the next several months. Copies of the workplans for each subcommittee are attached. The following is a brief summary of the purpose of each subcommittee: Development and Regulatory Measures: In examining the factors that affect housing cost, the regulatory process plays a major role in determining the cost of housing development. This subcommittee will examine local government regulations required for development of housing, as well as possible measures that could reduce the overall cost and increase the diversity of supply of suitable housing in the City. Fundirtg Mechanisms: This subcommittee will examine possible alternatives for funding affordable housing projects that meet the financing needs of households earning at or below median income. The review of new incentives, implementation techniques and public- private intervention will be pan of the subcommittee's discussion. Target Groups and Goal Setting: This subcommittee will provide a picture of those in need of suitable housing. It will identify the population groups in need of some level of housing assistance and recommend a course of action through goals and objectives. The subcommittee will also address the provision of suitable housing for a broad range of income groups and populations in the City. Process Each subcommittee will develop a working paper with the assistance of staff. In order to get additional input, the subcommittees will report their findings back to the Community Housing Foram large group. The large group will have the opportunity to review the working papers and then staff will combine the working papers into a "Committee Report" for review by City Council this summer. Outcome The intended results of the Committee Report are recommendations to assist City Council in its deliberation of housing issues, to help crystallize City govemment's role in housing solutions and to assist Council in selecting appropriate housing strategies to implement in the future. Staff will continue to update City Council at each milestone in the process. If you should have any questions, please let me know at 356-5244. February 3, 1997 Revised Community Housing Forum Subcommittees Target Groups and Goal Setting Subcommittee Names 1. Heather MacDonald 2. Wendy Bums 3. Mary McCue 4. David Purdy 5. John Shaw 6. Larry Wilson 7. Kathy Minette 8.' Bob Elliott 9 Mark Hall 10. Mary O'Neill 11. Jean Martin 12. Jason Chen 13. Gail Francis 14. Representative from Evert Conner Center Phones 335-0501 351-1214 338-6134 354-6276 354-3796 335-1206 354-9200 337-1026 351-2814 351-1214 351-6391 338-3771. 338-5551 338-3870 Funding Mechanisms Subcommittee Names 1. Linda Murray 2. Amy Correia 3. Ellen McCabe 4. Bill Stewart 5. Rick House 6. Tamara Bokal 7. Skip Wells 8. Maggie Van Oel 9. Jodi-beth McCain 10. Allan Axeen 11. Ken Gatlin 12. Elizabeth Swenson Phones 354-5706 626-3260 351-0140 338-1277 354-7501 356-5812 341-2172 335-3000 337-9070 354-7827 337-1000 337-3855 Development and Regulatory Measures Subcommittee Names 1. Jennifer Williams 2. Joni Kinsey 3. Wayne Petersen 4. Jayne Sandler 5. Ernie Galer 6. Joe Bolkcom 7. Glen Siders 8. Gretchen Schmuch 9. Charlie Eastham 10. Steve Johannes 11. Sue Licht 12 John Lee 13. Wendy Wyant Phones 339-6487 354-9529 338-2339 339-9934 351-3569 356-6000 337-4195 335-6926 338-1066 351-2300 338-7188 338-3791 337-5765 WORKPLAN DEVELOPMENT AND REGULATORY MEASURES SUBCOMMITTEE Meeting 1 (Dec. 17) Meeting 2 (Jan. 22) Meeting 3 (Feb. 26) Meeting 4 Meeting 5 Meeting 6 Meeting 7 Meeting 8 Meeting 9 Introduction of members * Identification of issues * Discussion of research needs How neighborhoods are designed and integrated: * Examples of existing housing developments * Planned Unit Development concept versus standard subdivisions * New Urbanism concept - examples from other communities Development regulations in Iowa City: * Rezoning process * Subdivision standards, regulations and requirements * Site plan review * Public works infrastructure policy * Building permit process Examine possible incentives and techniques to obtain diversity and affordability: * Density bonuses * Fast track approval for housing developments * Inelusionary zoning * Infrastructure reductions for affordable housing Review building codes that may affect existing and new housing: * How can flexibility be incorporated into the building code * What techniques can reduced the overall costs of building housing * General building code safety requirements Review development fees: * Subdivision improvement fees required to build housing * Examine possible fee waivers Develop a working draft report: * Discuss and identify housing problems to be addressed in the report * Identify techniques and incentives for recommendation Review draft report: * Subcommittee review * Community Housing Forum - large group review Integrating draft reports * Integrating the three subcommittee reports into a final document * Review final document COMMUNITY HOUSING FORUM TARGET GROUPS AND GOAL SETTING WORKING GROUP WORKPLAN Meeting 1 (Dec 12, 1996) *Identification of housing issues *Discussion of research needs Meeting 2 (Jan 30, 1997) *Discussion about income, wages and cost of living in Iowa City -Table of HUD Income Guidelines for Iowa City -Hourly Wage Information table -Average Weekly Wage by Industry for Johnson Co. -City to City Cost of Living Comparison table*Review of number of households by income category*Discussion on what the average household can afford to own or rent? Meeting 3 (February 27, 1997) *Discussion about the definition of affordable housing -Average purchase price of a house -Summary of 1996 housing sales -Average and Fair Market rents -Review the availability of affordable rental housing*Discussion of the distribution and availability of affordable owner-occupied and rental housing Meeting 4 *Identification of target groups by income categories -What are the housing needs for the following groups? Target Group I Target Group II Target Group III Target Group IV Target Group V <30% of Median Income 31% to 50% 51% to 80% 81% to 100% 101% to 115% Meeting 5 *Discussion of goal setting -What type of housing should be developed for each target group to fill the need? -What production goals and objectives for new owner- occupied and rental housing should be considered? -What policies and strategies should be considered? Meeting 6 *Development of a working draft report -Discussion and identification of housing problems to be addressed in the report -Identification of techniques and incentives for recommendation Meeting 7 *Review draft report -Subcommittee review -Community Housing Forum - large group review Meeting 8 *Integrate draft reports -Integrate the three working group reports into a final document -Review final document Meeting I (Dec. 9) Meeting 2 (Jan. 22) Meeting 3 {Mar. 5) Meeting 4 (Mar. 26) Meeting 5 Meeting 6 Meeting 7 Meeting 8 Meeting 9 WORK PLAN FUNDING MECHANISMS SUBCOMMITTEE January 22. 1997 Introduction of Members Identification of Housing Issues & Research Needs Introduction of Local Funding Resources * City of Iowa City - Federal Funds ' - Taxes (TIF, exemptions, abatement, PILOT) - General Fund and Infrastructure Improvements Discussion of Federal and State Resources * Federal Government - Dept. Of Housing & Urban Development (HUD) + PH, Sec. 8, Sec. 202 and 236, 515 - Historic Preservation Tax Credits * State of Iowa - Iowa Finance Authority (IFA) + LIHTC, HAF, HSOG - Iowa Dept. of Economic Development (IDED) + HOME, CDBG and ESG * University of Iowa Discussion of Private Financing * Federal Home Loan Bank * Local Lenders * Private Foundations\Organizations * Owner Equity or Financing Examining Additional Financing Options * City of Iowa City - Local Option Sales Tax and Bonding * State of Iowa * Private Lenders * Target Populations to be Served Developing Partnerships * Public\Private Involvement via Funding * Education\Outreach on Housing Alternatives * Research into Other Community's Efforts * Preservation of Neighborhoods * Municipal Intervention Through Regulatory Measures Develop e Working "Draft" Report * Discuss & Identify Housing Problems to Be Addressed * Identify Techniques and Incentives for Recommendation Review "Draft" Report * Subcommittee and Large Group Review Integrating "Draft" Reports * Integrating Subcommittee Reports & Review Final Paper City of Iowa City MEMORANDUM February 12, 1997 To: From: Re: Stephen J. Atkins, City Manager Donald Yucuis, Finance Director .,~ City Council recommended Budget changes from the February 10, 1997 Informal Meeting. Below is a summary of the City Council recommended budget changes that were made at the February 10, 1997 Informal Meeting: General Fund · Delete the Federal Grant monies for Human Rights Total revenue changes · Increase the Convention and Visitors Bureau to their 25% allocation -$25,000 -25,000 + 10,000 Add Full time employee, charged % time in Parks and ~ time in CBD + 33,000 Fire Dept- Delete Capital Outlay request for Communication between cab and back of vehicle - 10,500 City Council Salary Increase + 1,750 Library- reduce to six Sundays, the request to open an additional twelve Sundays - 6,000 Animal Shelter-take out new % time Account Clerk -15,000 Total expenditure changes + 13,250 City of Iowa City MEMORANDUM Date: To: From: Re:' February 21, 1997 Mayor and City Council City Clerk Council Work Session, February 10, 1997 - 4:10 p.m. in the Council Chambers Mayor Naomi J. Novick presiding. Council present: Novick, Baker, Kubby, Lehman, Norton, Thomberry, Vanderhoef. Staff present: Atkins, Helling, Karr, Yucuis, Shank, Dilkes, Franklin, Holecek, McClure, Schoon, Schmadeke, Davidson, Dollman, Fosse, Woito. Tapes: Reel 97-5, All; 97-26, All; 97-27, All; 97-28. INTRODUCTION - NEW HOUSING DIRECTOR Reel 97-25, Side 1 HIS Director Boothroy introduced Maggie Grosvener, Housing Administrator. CITYMANAGER ANNOUNCEMENTS Reel 97-25, Side 1 City Manager Atkins stated Osha Gray Davidson requested the number of claims and lawsuits filed against the police during his tenure as City Manager. Atkins noted that information has been sent to him. Baker requested that information relating to the former City Manager Berlin also be sent to Mr. Davidson. Atkins said Dave Moore requested certain staff information and Carol deProsse requested information about his relationship .with Police Chief Winkelhake before he came to Iowa City. Atkins noted that he did not know Winkelhake pdor to Winkelhake's job interview for the Iowa City position. - Atkins informed Council that he denied a request by KXIC for discussion between the Police Department Sergeant Mike Brotherton and Osha Davidson. BUDGET DISCUSSION Reel 97-25, Side 1 City Council Members and staff reviewed the following budget issues: Human Rights City Manager Atkins, Assistant City Manager Helling, Human Rights Director Shank, and Assistant City Attorney Dilkes presented information. No changes were made to the proposed budget. Hospice Road Race $5,000 Request Council agreed not to fund the Hospice Road Race funding request. Friday Night Concert Series $7,500 Request Council decided not to fund the request for an additional $2,500, but retained the $5,000 previously proposed. Arts Fest/Jazz Fest $5,000 Hotel/Motel TaxlCVB Council agreed to fund the Arts FestJJazz Fest $10,000 from the General Fund. Parks and Recreation Commission B New Positions Council agreed to budget one full time maintenance position and direct Parks and Recreation Department to have the position concentrate on the central business district and park mainte- nance. Heritage Trees Council agreed to fund Heritage Trees $3,000 for Iowa City use only, and request a budget prior to release of funds. Council Pay Raises Council agreed to a $500 increase per member and the Mayor to be paid the City Council salary plus $1,000, and direct staff to prepare a systematic pay review tied to the CPI for Council consideration. BUDGET HIGHLIGHTS Reel 97-25, Side 2 Atkins noted highlights as 1. Page 2. Page 3. Page 4. Page 5. Page 6. Page page 15 - Financial Plan of the proposed budget. Council reviewed the budget follows: 16- Police. Investigation CSO 17 - Fire training intercom systems ($10,500) (eliminate) 16 - Police. Fire arms training systems 18- HIS Housing Inspector 17 -Animal Control half time clerk (eliminate) 19- Senior Center ClP ($150,000) 9. 10. 11. Page 19 - Library increase from 40 to 52 Sunday open hours ($12,000 - Reduced to $6,000 Kubby raised concerns regarding the Solid Waste Supervisorial position. Norton commented on City computer expenditures. Vanderhoef inquired about Library ClP upgrade requests Vanderhoef inquired about the South Sycamore Regional detention ($800,000.) [Council Break 6:15 p.m. to 7:00 p.m.] REVIEW ZONING MATTERS Reel 97-26, Side 1 Franklin presented the following Planning & Zoning items for discussion. MOTION SETTING A PUBLIC HEARING FOR FEBRUARY 25, 1997, ON A RESOLU- TION APPROVING A REQUEST FOR VOLUNTARY ANNEXATION OF A 140.5 ACRE 3 TRACT LOCATED ON THE EAST SIDE OF SCOTT BOULEVARD, NORTH OF HIGH- WAY 6. (STREB) Bo MOTION SETTING A PUBLIC HEARING FOR FEBRUARY 25, 1997, ON A ORDI- NANCE AMENDING THE ZONING CHAPTER BY CONDITIONALLY CHANGING THE USE REGULATIONS ON A 140.5 ACRE TRACT FROM COUNTY M1, LIGHT INDUS- TRIAL, TO C1-1, INTENSIVE COMMERCIAL (38.93 ACRES), AND I-1, GENERAL INDUSTRIAL (101.57 ACRES), FOR PROPERTY LOCATED ON THE EAST SITE OF SCOTT BOULEVARD, NORTH OF HIGHWAY 6. (STREB/REZ96-0021~ Go PUBLIC HEARING ON AN ORDINANCE AMENDING THE ZONING CHAPTER BY DESIGNATING THE EAST COLLEGE STREET HISTORIC DISTRICT, AS A HISTORIC PRESERVATION OVERLAY ZONE, FOR PROPERTY LOCATED ALONG COLLEGE STREET BETWEEN SUMMIT STREET AND MUSCATINE AVENUE. Doug Russell, Historic Preservation Commission Chair, presented information. PUBLIC HEARING ON AN ORDINANCE AMENDING THE ZONING CHAPTER BY DESIGNATING THE COLLEGE GREEN HISTORIC DISTRICT, AS A HISTORIC PRESERVATION OVERLAY ZONE, FOR PROPERTY LOCATED GENERALLY AROUND COLLEGE GREEN PARK, ALONG E. COLLEGE STREET FROM DODGE STREET TO GOVERNOR STREET, AND ALONG S. DODGE AND S. JOHNSON · STREETS BETWEEN E. COLLEGE AND BURLINGTON STREETS. See previous item. PUBLIC HEARING ON AN ORDINANCE VACATING GABLE STREET, A DEVELOPED RIGHT-OF-WAY EAST OF SYCAMORE STREET, SOUTH OF LAKESIDE DRIVE. (VAC96-0004) ORDINANCE AMENDING THE ZONING CHAPTER BY CHANGING THE USE REGU- LATIONS ON A 40.7 ACRE PARCEL LOCATED ON THE NORTH SIDE OF ROHRET ROAD, EAST OF HIGHWAY 218, FROM RS-5, LOW DENSITY SINGLE-FAMILY RESI- ' DENTIAL, TO OSA-8, SENSITIVE AREAS OVERLAY/MEDIUM DENSITY SINGLE- FAMILY RESIDENTIAL. (WALDEN HILLS/REZ96-0020) (FIRST CONSIDERATION) Lea Supple and MMS Consultant Larry Schnittjer presented information. LOW INCOME ASSISTANCE PROGRAM Council directed staff to pursue the low income assistant programs for the City of Iowa City based on Option 1 yeafly income/130% Federal Poverty level (chart of 1/10/97). Staff Action: Staff to meet and coordinate efforts and report back to Council (Karr). DOWNTOWN PARKING STUDY Reel 97-27, Side 1 PCD Director Franklin, Transportation Planner Davidson, and Transit Superintendent Dollman presented information. Council reviewed the following Downtown Iowa City parking study issues: 4 1. Planning for major facility. Davidson stated staff is continuing negotiations with St. Pat's and he will contact property owners of the Rebel Motel to check on their development plans. Additionally staff will start discussions with the University on the next facility with Council's prefer- ence being the Eastlawn site and two lots to the west. Council resumed discussion of the Downtown Parking Study. 2. Monthly permit parking. Council directed Davidson to increase the number of monthly parking permits; utilize top floors of ramps; allot some parking permits for economic development; and retain pricing differentials. 3. Meter feeding. Council directed staff to increase 30 minute meters in CBD to 60 minutes/S1 charge (with 15 minutes for a quarter) and do not step up meter feeding. 4. On-street parking. Council directed staff to investigate on-street angle parking in CBD. 5. Average auto occupancy. In response to Council, Davidson stated he will provide Council with information at their next work session on pricing incentives for increasing the number of people per vehicle in downtown City parking facilities. Staff Action:' Further discussion scheduled for February 24. Memo in Council packet for discussion (Davidson). REGIONAL SOLID WASTE MANAGEMENT PLAN (Agenda Item #12) Reel 97-27, Side 2 City Manager Atkins and JCCOG staff person Jeff Davidson provided information and respond- ed to Council questions. SOUTH SYCAMORE REGIONAL BASIN (Agenda Item #13) Reel 97-27, Side 2 City Engineer Fosse, Ed Brinton, Lon Drake, and Johnson County Soil and Water Conservation Representative Amy Bouska presented information. UTILITIES BACK BILLING DISCUSSION Reel 97-28, Side 1 City Manager Atkins, City Attorney Woito, Assistant City Attorney Dilkes, and Finance Director Yucuis presented information. In response to Council, Atkins stated that he will present a report on multi-family unit billing. Council directed staff to begin the new adjustment policy July 1st. In response to Kubby, Yucuis stated that City will notify people found to be role-billed of the new policies. 5 Staff Action: Issuing refunds and notifying affected customers of new policy. Working with HIS to update files (Yucuis). TWO BILLS PER TWO WATER METERS Reel 97-28, Side 1 Finance Director Yucuis responded to Council questions regarding two bills per two water meters. Staff Action: Staff will manually insert two bills into one envelope until new program can be implemented. Information Services developing program to print one bill for two meters at same address (Yucuis). APPOINTMENTS Reel 97-28, Side 1 Johnson County/Iowa City Airport Zoning Board of Adjustment - Karen Countryman COUNCIL AGENDA/TIME Reel 97-28, Side 1 (Consent calendar #4f(9) - John Weber letter) In response to Vanderhoef, Council agreed to direct City Clerk Karr to prepare a resolution setting liability limits for pedicabs at $250,000. (City Manager memo 2/6/97 re: Update on Business Contact Information) In response to Vanderhoef, Atkins stated there will be a thorough follow up to businesses that have not responded to the emergency contact requests. In response to Thomberry, Atkins stated he has received a report' and is reviewing recommendations for the Gilbert Street/Kirkwood Avenue intersection. Norton requested that Council formal and work session transcriptions be placed on the Intemet. There was not a majority of Council in support of the request. o Norton requested establishing formal thank-yous and exit interviews for departing board and commission members. City Clerk Karr stated work is being done on formal thank- yous for board and commission members. Novick stated Council will think about exit interviews. Norton raised concems about the amount of board and commission minutes received at one time, and their timelines. City Clerk stated work is being done on continuity and formatting of board and commission minutes. Norton raised concems regarding correspondence received from Bob Stika concerning a parking ticket. In response to Norton, Council agreed to the following police procedures meeting schedule: February 13- 9:30 a.m. General questions February 19- 7:00 p.m. General questions public discussion February 20- 10:00 a.m. Formal/executive session (personnel). In response to Kubby, City Manager Atkins stated that County Attorney Patrick White said he would preepare correspondence regarding the Council's request for release of the DCl report by Thursday. 6 10. In response to Baker, City Attorney Woito stated that the City is not obligated to defend former Officer Gillaspie from federal cdminal charges. 11. Kubby requested that Council schedule charitable contributions for discussion. 12. Mayor Novick announced that joint City Council/Library Board meetings with the consul- tant are scheduled February 20, 4:00 p.m. to 6:00 p.m, and March 5 4:00 p.m. to 6:00 p.m. 13. Mayor Novick requested to change the February 25th formal meeting time to 7:30. Council agreed to retain the starting time for 7 p,m. 14. Kubby noted that the February 18th joint meeting with University of Iowa Student Senate begins at 6:30 with a half hour social time. 15. City Attorney Woito stated that the Dennis Mitchell memorandum "Partial Litigation Update" was not confidential. Meeting adjourned 11:10 p.m. clerk~cc2-10.Inf City of Iowa City MEMORANDUM Date: February 18, 1997 To: From: Re: Board and Commission Staff Marian K. Karr, City Clerk ~', Board and Commission Minutes At a recent City Council meeting the issue of Board and Commission minutes was discussed. As a result of that discussion I am requesting your assistance on two issues, format and timeliness. FORMAT Boards and Commissions should use similar format for minutes. The following is recommended: a. Members present b. Members absent c. Staff present d. Changes to minutes of previous meeting e. Recommendations to the City Council 1) Items should be listed as separate agenda items to distinguish them from formal receipt and filing of minutes. 2) All recommendations should be accompanied by the appropriate staff report(s). Information pertaining to any alternatives that were considered and the rationale for the recommendation should be included when appropriate. 3) When items come to the City Council for which there is a designated Board or Commission those items should be referred to that Board or Commission and a report or comment back to City Council. f. Requests to the City Manager for information or staff assistance g. List of matters pending Commission-Council disposition h. Summary of discussion and formal action(s) taken TIMELINESS Board and Commission minutes should be furnished to Council on a regular basis. Council has requested that minutes be submitted to them prior to any Council action or discussion of items included in the minutes (i.e. recommendations to Council should be on the same agenda as the detailed minutes). They also stressed the importance of obtaining the minutes prior to the holding of public hearings by that Board or Commission to enable Council Members the opportunity to attend. Please communicate this information to your minute taker or volunteer preparing your minutes, and call me with any questions you may have. cc: Department Heads City Council bc3-1MK City of Iowa City MEMORANDUM T0: From: Date: Re: The Honorable Mayor Naomi Novick and Members of the City Council Dennis Mitchell, Assistant City Attorney ~ February 18, 1997 Partial Litigation Update City of Iowa city v. Yel, gys A. Application for Contempt On November 19, 1996, the City filed an Application for Contempt against Wilfred, Hubert, and Bernard Yeggy for storing or allowing to be stored any junk or salvage materials at 828 St. Anne's Drive in violation of the permanent injunction. Trial was held before the Honorable Judge Larry J. Conmey on February 13, 1997. Wilfred and Hubert Yeggy were found guilty of wilfully violating the injunction and fined $500.00 each plus court costs. Neither were sentenced to jail. (I dismissed Bernard during the trial because Wilfred testified that Bernard had no involvement with the storage of junk and salvage materials at 828 St. Anne's Drive and Bernard does not own the property.) B. Municipal Infraction Cases On November 14, 1996, Hubert Yeggy was issued a municipal infraction for allowing junk or salvage materials to be collected and to remain upon the exterior of the property at 828 St. Anne' s Drive in violation of Section 6-1-2A, City Code. On the same date, Bernard Yeggy was issued a similar citation with respect to 834 St. Anne's Drive. Both citations were tried before the Honorable Associate District Judge Stephen Gerard on January 15, 1997. A ruling has not yet been issued in these cases. C. Defendants' Application to Dissolve or Modify Injunction The Yeggys have filed an Application to Dissolve or Modify the Injunction at 828 St. Anne's Drive. I will be filing a response in the near future. Linda Newman Woito, City Attorney Stephen Atkins, City Manager Marian Karr, City Clerk Dale Helling, Assistant City Manager Sarah Holecek, Assistant City Attorney Eleanor Dilkes, Assistant City Attorney 7,37 City of 'Iowa City MEMORANDUM To: From: The Honorable Mayor Naomi Novick and Members of the City Council Dennis Mitchell, Assistant City Attorney ~V~ Date: February 19, 1997 Re: Yeggys Request To Meet With City Council The Yeggys, through their attorney Dean Spina, have again requested the opportunity to meet with the City Council. They believe they need at least an hour or two to thoroughly discuss all the issues and explain why they believe the City Council should conduct an "independent investigation" of the City's actions against them. I believe the City Council could respond to this request in several different ways: 1. Choose not to schedule a meeting with the Yeggys and their attorney. It is my understanding that several members of the City Council have already met individually with the Yeggys and/or their attorney. Additionally, Dean Spina has already addressed the Council during public discussion and has sent several letters to the Council explaining the Yeggys position. The Yeggys and their attorney always have the option of addressing the Council during the time set aside for public discussion at a formal Council meeting. 2. Choose to meet with the Yeggys and their attorney. Because such a meeting would not prejudice the City in pending or imminent litigation (strategy would not be discussed since the Defendants and their attorney would be present), the meeting could not be held in executive (closed) session and notice of the meeting would have to be published. 3. Designate less than four members of the City Council to meet with the Yeggys and their attorney. This would eliminate the need to publish notice of the meeting. 4. As you know, the City agreed to participate in mediation with the Yeggys provided the Yeggys pay the costs of mediation and the neighbors participate. Dean Spina informed me that he is looking into the costs of mediation and will get back to me within the next couple of weeks. If the City does end up going to mediation with the Yeggys, three members of the City Council who are interested could attend. One member of the Council has already indicated a willingness to attend. Please let me know as a collective body at one of your upcoming work sessions whether you would like to meet with the Yeggys. Any Council members who would like to participate in the mediation should call me at 356-5030. CC'. Linda Newman Woito, City Attorney Stephen Atkins, City Manager Marian Karr, City Clerk Dale Helling, Assistant City Manager City of Iowa City MEMORANDUM TO: City Council FROM: Lisa Handsaker Marian Karr DATE: February 20, 1997 RE: Recognition Because Iowa City Board and Commission Members commit a groat deal of time and energy to the City, we would like to propose the following ideas for recognition: A group "swearing-in" of new members at a Formal Council Meeting perhaps every three months. The Mayor could perform swearing-in ceremony, and then each member could state their name and respective board/commission. This would give members the opportunity to attend a Council meeting, put faces to the names of members, and give members public exposure for their commitment. We could also present them with a Certificate of Appointment along with a pin. 2. A group "Council thank-you" to be held every three months at a Formal Council Meeting recognizing' ending terms. Certificates of Appreciation could be presented by the Mayor and, again, each member could state their name' and respective board/commission. Currently, some staff are distributing Certificates of Appreciation to their out-going members, but not all.' This should be consistent throughout the City. Please let us know if you have any comments or additional ideas. We would like to establish new procedures for recognition beginning July 1. U $ WES1' Direct 9394 Weet Dodge Road, Suite 2O0 OmeJ~, NE 68114-3310 P'none 402 384-3986 In State 800 248-3883 Out o~ State 800 231-6975 FAX 402 384-3177 Mary $pimer Re~/c~ Manage~ - IA-NE-SD-ND February 14, 1997 Stephen Atkins City Manager 410 E. Washington Iowa City, IA 52240 Dear Stephen: We recently completed a very successful U S WEST phone book recycling event in the Iowa. City area. With the help of our partner, Hy-Vee Food Stores, and the overwhelming response of the community we surpassed last years collection figure. Through these efforts we were able to recover over 94 tons of outdated U S WEST phone books. These outdated phone books were shipped to a paper recycler in the Pacific Northwest and recycled into directory grade paper on which new U S WEST phone books will be printed. These 94 tons translate into: - 102,768 phone books - 1,610 trees saved - 312 cubic yard of landfill space saved - Laid end-to-end, these books would stretch for more than 17 miles. Thank you for your continued support and participation in this not-for-profit environmental community service. We look forward to another successful recycling event in the Iowa City area in 1997. If you have any questions, please feel free to call me at (402) 384-3986. Sincerely, Mary Spittier Punisher of The White & Yellow Pages TERRY E. BRANSTAD GOVERNOR OFFICE OF THE GOVERNOR STATE CAPITOL DES MOINES, IOWA 50319 51 5/281-5211 February 17, 1997 FEB19 1997 S OFFICE The Honorable Naomi J. Novick City of Iowa City 410 E. Washington St.- Civic Center Iowa City, IA 52240-1826 Dear Mayor Novick: Thank you for sharing a copy o£ your city's resolution in support of legislation to rescind language in Iowa law preempting local governments from adopting tobacco-related ordinances. The Governor appreciates knowing the views of your local officials regarding this matter. As you may know, Governor Branstad supports removal of the preemption language and has included it in his recommendations to the legislature this session. He is also proposing the penalty on underage smoking be increased to create a greater disincentive for youth to smoke. Governor Branstad has been a long-standing proponent of changes in Iowa law to reduce the numbers of Iowans who ~moke. He is hopeful that additional progress can be made this year to accomplish that goal. C Sincerely, Paul~. Dierenf~ ~ Administrative C~unsel _,,,) PSD:vs February14, 1997 IOWA CITY COMMUNITY SCHOOL DISTRICT Naomi Novick, Mayor City of Iowa City 410 E. Washington Street Iowa City, Iowa 52240 509 S. Dubuque Street Iowa City, Iowa 52240 (319) 339-6800 Dear Naomi, Safe schools and safe communities are everybody's priority. As community policy makers we have the responsibility to deal with this priority efficiently and effectively. The.Urban Education Network of Iowa, a coalition of Iowa's eight largest school districts, is hosting a drive-in conference on Safe Schools and Safe Communities on March 20, 1997 in Des Moines. All eight member districts are forming a team of eight to ten policy makers and executive leadership from their community to address this priority issue from the policy perspective. We invite you to join us and be a part of the team for the Iowa City Community School District. We are hopeful you or at least one representative from the Iowa City Council can join representatives of our school board and our Associate Superintendent in this worthwhile endeavor. Governor Branstad has indicated his interest and support in this conference and plans to address the group at the beginning of the session. Enclosed is a brochure for the conference. Please contact Joan Vanden Berg at 339-6800 by February 28 if you will be able to attend. Joan will be responsible for registering our team. We feel this safety conference for policy makers is a good and appropriate step in our continuing efforts to strengthen and support the well-being of our community. Thank you for your consideration! Sincerely, Dr. Barbara Grohe, Superintendent CiTY AfANA;ER'S OFFICE APPROVED Minutes PATV Board of Directors Thursday, December 19, 1996, in Meeting Room C of the Iowa City Public Library Present: Robin Butler, Tim Clancy, Vicky Grube, Mose Hayward, Verne Kelley, Derek Maurer, Chris Randall, and Tim Walch Staff: Ren6 Paine BTC: Betty McKray Call to Order: Maurer called the meeting to order at about 7:05 p.m. Approval of July and September Minutes: On a motion by Randall and Hayward, the board approved minutes of the November meeting as amended. Board Announcements: In the interest of getting acquainted, those present introduced themselves all around. Reports: BTC: McKray reported that the commission received notice from TCI that it would be changing the lineup of channels available on the local cable system; the decision to remove WGN may be reversed, however, due to complaints from subscribers. Also, the city hired Ethan Fox to be the new community programming coordinator. CHAIR: Maurer reported on activities of the past year and presented a brief outlook on the future for the benefit of new board members. He described the new three-party agreement between PATV and the cities of Iowa City and Coralville for operation of the public access channel. Key features of the contract include the fact that Coralville is a party to the agreement; the contract's three-year term and continued funding at the current level, adjusted for inflation; and the contract's stipulation that criteria for evaluating PATV's performance be negotiated within six months. Another event of the past year was the BTC's decision to hire a community programming coordinator to address local community programming needs. This had been a contentious issue between PATV and Iowa City--and within the PATV board itself--for several years. Since the BTC's action last summer, however, a much more positive and cooperative relationship has developed between PATV, the city, and the other local access providers; all parties now meet regularly as the Community Television Group (CTG) to coordinate and plan community programming activities. Another accomplishment of the past year was completion of the board's first performance evaluation of the director. To do this, a committee made up of board officers surveyed staff and a random sampling of producers, and consulted directly with Paine; the result was very positive, recognizing APPROVED Paine's strengths as director and the overall good performance of the organization. Finally, looking toward the future, Maurer recommended that the board re- evaluate PATV's mission and goals in light of the signing of the new contract and settlement of the community programming question. He'd like to see the organization be more proactive in stimulating volunteer activity to support community programming, while maintaining its commitment to serve individuals seeking to use public access as a means of self expression. Another goal, according to Maurer, should be to increase public awareness of, and broaden community participation in, public access. And with respect to the board itself, Maurer said he'd like to see the board clarify its governance duties so that it concentrates on providing leadership to PATV rather than duplicating management functions; this is in accordance with principles he is reading about in the book Boards That Make a Difference: A New Design for Leadership in Nonprofit and Public Organizations, by John Carver (San Francisco: Jossey- Bass, Inc., 1990). MANAGEMENT: Paine distributed copies of the latest budget report from the bookkeeper, as well as a letter from Greenwood and Crim, P.C., regarding the accounting firm's annual review of PATV's accounting system and procedures. She also distributed a memo to the board supplementing packet materials regarding proposed equipment purchases; the memo explains how the list of 'equipment and proposed vendors was developed. Also, Paine reported that although approval of all the equipment proposed for purchase would take us slightly over our equipment budget, there is a surplus in our maintenance budget that would cover the difference while leaving a reasonable margin for maintenance for the remainder of the fiscal year. Also, Paine reported that she hired a new workshop instructor, Sandy Dyas, to replace Matthew Thomas, who is leaving PATV to concentrate on his graduate studies. Another personnel change is anticipated when Jim Haverkamp moves out of state in January; Haverkamp is a production specialist/office manager who works about 35 hours a week. Finally, Paine described her recent thinking regarding PATV's strategic position, based on the need to promote a larger vision of "the big access picture." In essence, she believes that community access in all its forms represents the unique strength of cable television as it faces competition from satellite TV and, in the future, from telephone companies entering the cable market. Rather than the resentment and distrust that have often characterized the outlook of access organizations and cable companies toward one another, there is every reason for the two parties to form a strategic alliance. Convincing TCI that access represents a competitive advantage locally will depend, however, on the ability of the various access providers to work together to provide services and programming that the community wants. Paine believes it would be a revolutionary approach for access interests and the cable company to form such a strategic alliance. 2 APPROVED Old Business: BOARD APPOINTMENTS: Maurer distributed copies of letters from Robynn Hergert and John Carhoff indicating their interest in being appointed to the board position recently vacated by Trey Stevens; one other individual, Meg White, has indicated she also is interested. The board asked Maurer to invite all three to the January meeting so the board could meet and speak with them in person. Maurer also urged board members to call the individuals if they would like to learn more about their backgrounds and goals for PATV. New Business: ELECTION OF OFFICERS: The following board members were elected by consensus to serve as officers for the coming year: Chair: Derek Maurer (nominated by Randall and Grube) Vice Chair: Chris Randall (by Butler and Grube) Secretary: Verne Kelley (by Kelley and Randall) Treasurer: Robin Butler (by Grube and Randall) .. COMMITTEE ASSIGNMENTS: The following members were appointed by consensus to the following standing committees: Financial: Robin Butler, Tim Walch Administrative: Verne Kelley, Derek Maurer, Chris Randall Outreach: Tim Clancy, Vicky Grube, Mose Hayward EQUIPMENT PURCHASE: On a motion by Hayward and Grube, the board approved by consensus the package of equipment purchases presented by staff. Adjournment: The meeting adjourned at about 8:50 p.m. Respectfully submitted, Derek Maurer 3 Lisa Handsaker From: Sent: To: Subject: IOWA CITY WATER DIVISION 410 E Washington St. Iowa City, IA 52240-1826 Water Quality Carol Sweeting C~~ Tuesday, February 18, 1997 2:24 PM *Water Division; *All Civic Center Employees; Solid Waste Department IC Water Quality For Immediate Release Tuesday, February 18, 1997 Contact: Carol Sweeting (319) 356-5164 7:30 a.m. -4 a.m. Iowa City} The recent warm temperatures and spring like conditions as well as the U.S. Army Corps of Engineers draw down cycle for the Coralville Reservoir may be taking a toll on Iowa City drinking water quality. The result is an increase in taste and odor when you turn on your faucet. Iowa City obtains most of its drinking . water from the Iowa River. Adjustments have been made at the treatment plant to minimize taste and odor. The treated drinking water meets or exceeds all drinking water standards set by the Environmental Protection Agency. The chlorine dosage has been increased to ensure bacterial safety during this annual river occurrence. The water is safe to drink. Iowa City customers may notice the following: · a stronger chlorinous odor · an earthy taste It is possible to make the water more palatable by placing a container in the refrigerator for several hours. This allows the chlorinous odor to dissipate. If you have questions or comments contact the Iowa City Water Division at 356-5164. Page 1 CITY YOU ARE INVITED TO AN OPEN HOUSE IN HONOR OF LARRY OLSON LARRY IS RETIRING AT THE END OF FEBRUARY 1997, AFTER 13 YEARS OF SERVICE TO JOHNSON COUNTY AS DIRECTOR OF JOHNSON COUNTY S.E.A.T.S. A RECEPTION WILL BE HELD IN THE BOARD OF SUPERVISORS 'BOARD .ROOM JOHNSON COUNTY ADMINISTRATION BUILDING '913 SOUTH DUBUQUE STREET IOWA CITY, 52240 · 1 ~ p~m. to 3:00 p.m. THURSDAY, FEBRUARY 27, 1997 '/% To~ IOWA £IT¥ £~ [~om~ Jo ~oga~t¥ Z-l~-9'I ~ZUp~ p. Z 0£ ~ Johnson Sally Stutsman, Chairperson Joe Bolkcom Charles D. Duffy Jonalhan Jordahl Stophen P. Lacina BOARD OF SUPERVISORS CORRECTION February 18, 1997 INFORMAL MEETING Agenda 1. Call to order 9:00 a.m. 2. Review of the formal minutes of February 13th. 3. Business from the County Engineer. a) Discussion re: truck bids. b) Discussion re: railroad crossing on Tag Avenue. c) Discussion re: public hearing on road vacation 3-97. (All that portion of Muscatine-Johnson Road that exists from Johnson County 620th Street to the abandoned railroad right-of-way, which crosses the road approximately 1320 feet to the North, including the 42 foot long x 16 foot wide bridge across Hockey's Slough. d) Other Business from Cheryl Whitney, Area Administrator for Department of Human Services. a) Discussion re: b) Discussion re: c) Other Innovation Zone. Children at Home Grant. 913 8oIYrH DUBUQUE ST. P.O. BOX 1350 IOWACITY, IOWA 52244-1350 TEL: (319) 356-6000 FAX: (319) 356-6086 qqq 2-18-97 Page 2 5. Business from the Board of Supervisors. a) Discussion re: letters of appreciation for Computer Needs Committee and GIS Study Team members. b) Discussion re: meeting days and times for Board of Supervisors' meetings. c) Discussion re: proposal for videotaping the Board of Supervisors' weekly informal meetings. d) Reports .... 1 e) Other 6. 2:00 p.m. - Department Head Meeting. a) Discussion re: Franklin time management seminar. b) Discussion re: postage. c) Discussion re: technology decision making structure (Model). d) Reports/updates from Department Heads. e) Other ^djoum 7. Discussion from the public. 8. Recess. Sally Slugman, Chairporson Joe Bolk¢om Charlos D. Duffy Jonathan Jordahl Stephen P. Lacina BOARD OF SUPERVISORS Monday, February 24, 1997 Wetherby's Board Room 1210 1 Avenue Coralville, Iowa 52241 INFORMAL MEETING Agenda 1. Call to order at 8:00 a.m. 2. Strategic Planning Session for Johnson County/discussion. 3. Adjournment. 913 SOUTH DUBUQUE ST. P.O. BOX 1350 IOWA CITY, IOWA 52244-1350 TEL: (319) 356-6000 FAX: (319) 356-6086 ~o~ IO{A CIYY CLERR F~om, Jo Ho~a~y 2-24-~7 11:3~am p, R of 3 Johnson Co~rdy I' .BOARD OF SUPERVISORS Sally Stutsman, Chairperson Joe Bolkcom CORRECTION Charles D. Duffy Jonathan Jordahl Stephen P. Lacina February 25, 1997 INFORMAL MEETING Agenda 1. Call to order 9:00 a.m. 2~ Review of the formal minutes of February 20th. Business from Mike Singer, Planner/Project Coordinator for Hart- Frederick Consultants re: presentation on T.I.F.'s (Tax Increment Financing districts), RISE '(Reinvest in Iowa States Economy) Grants and C.D.B.G.'s (Community Development Block Grant)/discussion. 4. Business from Brad Neumann, Solid Waste Management Planner for Johnson County Council of Governments re: East Central Iowa Council of Governments Solid Waste Management Plan/discussion. 5. Business from Marianne Milkman re: bike trail along Dubuque Street (damage incurred with laying of a gas line)/discussion. Business from the County Engineer. a) Discussion re: Five-Year Construction Program for Secondary Roads. This work session is to plan what construction projects will be programmed for the next five years (to be held at Secondary Roads). b) Discussion re: speed limit on James Avenue. c) Other 913 SOUTH DUBUQUE ST. P.O. BOX 1350 IOWACITY, IOWA 52244-1350 TEL: (319) 356-6000 FAX: (319) 356-6086 CITY CLERR F~om, Jo Houarty ~-~4-~7 ii,3gam p, 3 of 3 Agenda 2-25-97 Page 2 7. Business from the Board of Supervisors. a) Letter re: joint meeting with Louisa, Muscatine, and Jotffison County/discussion. b) Discussion re: setting salary for interim S.E.A.T.S. Director. c) Discussion re: appointment of (2) two supervisors to Information Services Technology what/when Committee. d) Letter from Sher Hawn, Program Director, County Employee Wellness/Community Health Promotion re: self-care workshops/discussion "' ~"~ e) Discussion re: f) Discussion re: g) Discussion re: Plan. (Carol) h) Discussion re: i) Reports. j) Other. cable hook-up for live broadcasting. budget presentation. document changes to PEBSCO Deferred Corn resignation of John O'Neill, Recorder. 3ensaton Discussion from the public. Recess.