HomeMy WebLinkAbout2004-02-12 Info Packet CITY COUNCIL INFORMATION PACKET
CITY OF IOWA CITY February 12, 2004
www.icgov.org
IP 1 Memorandum from City Manager: Planning and Zoning Commission-Applicant
IP 2 Memorandum from City Manager: Pending Development Issues
IP 3 Memorandum from City Manager: Water Distribution Building
IP 4 Memorandum from Andy Matthews, Asst. City Attorney: Municipal Electric Light and
Power System
IP 5 Memorandum from Iowa City Public Library Board: Update on Library Parking
Concerns
IP 6 Memorandum from Linda Severson, Human Services Coordinator: Youthworks
Update
IP 7 Iowa City Police Department Use of Force Report: January 2004
IP 8 Information from Mayor Pro tem Wilburn re: EClCOG Express January-February
2004
PRELIMINARY/DRAFT MINUTES
IP 9 Iowa City Telecommunications Commission: January 26, 2004
IP 10 Police Citizens Review Board: February 10, 2004
Date: February 5, 2004
To: City Council
From: City Manager
Re: Planning and Zoning Commission - Applicant
I spoke to our Planning staff as to a policy or practice by the Planning and Zoning Commission
as it relates to an applicant presenting to the Commission their proposed zone change, etc. The
Commission will, as a practice, allow the applicant as much time as reasonably possible to
present their case to the Commission. It is not unlimited, and if it appears to be "dragging on"
the Commission will inform the applicant accordingly. It seems the Commission provides
reasonable latitude to assure the applicant has an opportunity to present their case to the
Commission. Mayor Lehman asked that I inform you of this as a follow-up to earlier Council
discussion concerning the time allotted to applicants at the City Council public hearing.
cc: Karin Franklin
mgdmem/PZappltime doc
DATE: 02/09/04
TO: City Council
FROM: City Manager
RE: Pending Development Issues
1) An application submitted by Mike Roberts Construction for a rezoning from Interim
Development Residential (ID-RS) zone to Low Density Single-Family Residential
(RS-5) zone for approximately 24.1 acres of property located on South Sycamore
Street, east of Southpoint Subdivision.
2) An application submitted by James Clark for a rezoning from Central Business
Service (CB-2) zone to High Density Multi-Family Residential (RM-44) zone for
approximately 32,000 square feet of property located at 302 and 308 S. Gilbert
Street.
3) An application submitted by James Clark for a rezoning from Community
Commercial (CC-2) zone to Central Business Support (CB-5) zone for approximately
1.34 acres of property located on the east side of S. Gilbert Street
DATE: February 9, 2004
TO: City Council
FROM: City Manager
RE: Water Distribution Building
One of the capital projects under consideration for FY05 by the City Council is the relocation
and construction of a new water distribution building. Our current facility is located at 1306 S.
Gilbert Court, and the proposed new water distribution building would be built at either the new
water treatment plant site or the Public Works site off of Sand Road at Napoleon Park. Both
sites are being analyzed.
The water distribution building is the location of our inventory of pipes, valves, other large water
distribution inventory and the construction equipment most often associated with larger scale
water system construction projects. The plan would be to sell the building and grounds on
Gilbert Court and with those proceeds and additional water cash reserves, build a new building.
While the current site is generally satisfactory for .our water treatment/distribution needs, the
building was originally constructed around 1960 and once served as the bus barn. Although we
have done some modest improvements to the Gilbert Street property its relocation is now
becoming necessary.
The current appraisal (1995) for the Gilbert Street property and location is $340,000. An
updated appraisal has been requested and should take 30 days. Over the years there has been
interest from surrounding businesses about the purchase of the building and site; therefore I
believe we can anticipate it would be sold at close to its appraised value. There are a number of
businesses in the immediate area which would likely find this location favorable to their
particular needs. The early thinking was to sell this property and return it to the tax rolls
There were environmental issues at the site due to a likely leaking of an underground fuel tank.
These were investigated and the DNR has issued "a no further action needed" statement.
You are also aware of the interest from the representatives of Shelter House about the Gilbert
Street site as a possible location for a new Shelter House. Shelter House was provided with
$230,000 from our CDBG grant program in order to assist in their project. We are all aware of
the difficulties experienced in locating a site.
Water Distribution Building
February 9, 2004
Page 2
The decision on the part of the Council would seem to be:
1. Do you wish to relocate the water distribution building in accordance with a staff
recommendation and sell the property and building for its appraised value?
2. If it is to be sold, how should the site be marketed, that is, put up for sale at its appraised
value or other contingent factors applied to the site?
I will place this matter on an upcoming work session.
Cc: Director of Public Works
Director of Planning and Community Development
Director of Finance
City of Iowa City iP4
MEMORANDUM
TO: City Council
FROM: Andy Matthews, Assistant City Attorney/~,~'~
DATE: February 12, 2004
RE: Municipal Electric Light and Power System
Our office has responded to inquiries relating to the process for the establishment of a
municipal utility should the voters authorize the establishment of a municipal electric
utility.
Iowa Code § 476.21 requires that there be a successful vote of the people to establish a
municipal electric utility as a prerequisite to petitioning the Iowa Utility Board for a
certificate of authority to furnish electric service. Iowa Code § 388.2 provides that upon
receipt of a valid petition requesting that the proposal be submitted to the voters, that the
City Council submit the proposal at the next regular city election (November 2005). The
City has received such a valid petition and will submit the proposal to the voters at said
city election.
Should there be a successful vote on the petition, Iowa Code §388.2 provides that the
city may proceed as proposed, but it does not mandate that the city move forward with
the proposal. A successful vote authorizes, but does not require, that the City proceed
with establishing a municipal utility. Additionally, if a majority of those voting for or
against the proposal does not approve the proposal, the same or a similar proposal may
not be submitted to the voters for at least four years from the date of the election at
which the proposal was defeated.
Iowa Code § 388.3 provides that if a proposal to establish a utility board receives a
favorable majority vote, the mayor shall appoint the board members, as provided in the
proposal, subject to the approval of the council.
If you have any questions, do not hesitate to call me.
cc: Steve Atkins, City Manager
Dale Helling, Assistant City Manager
Marian Karr, City Clerk
Eleanor Dilkes City Attorney
Rick Fosse, Public Works Director
( Iowa City
Public' Libra _ry
123 South [inn · Iowa Cit¥~ Iowa 52240-1820
Susan Craig, Director · Information (319) 356-5200 · Business (319) 356-5206 · Fax (319) 356-5494
DATE: February 10, 2004
TO: City Council
FROM: Iowa City Public Library Board
RE: Update on Library Parking Concerns
On February 4, three Board members met with Joe Fowler, Director of Parking &
Transit, and Chris O'Brien, Parking Manager, to discuss the Board's concerns about
parking and review the options outlined in Mr. Fowler's memo of January 16.
The Board continues to believe that an option for short-term parking spaces should exist
in the Dubuque Street Ramp, but after reviewing and discussing the information
regarding vacancy rates, we will accept that the designation of short-term parking is not
critical at this time. In particular, when more information is available about the impact of
the completion of the Plaza Towers project on parking in the Dubuque Street Ramp, we
do plan to revisit this possibility.
We would like to endorse the enforcement of the meter-feeding ordinance in the area near
the library (including the 200 block of Linn St. and the 300 block of College St.). This
was also one of the options Mr. Fowler proposed in his letter, and we all agreed that this
action should result in enhanced availability of short-term parking on the street. The
meeting participants also agreed to request that some of the affected meters be changed to
two-hour meters (they are currently one-hour meters). We are anxious that this policy
change be implemented by the June opening of the new library building.
We will continue to educate our library users about their parking options near the library,
and about alternative forms of transportation. We are also in discussions with the
Downtown Association regarding parking and may work on a joint recommendation with
them.
Thank you for your consideration of this request.
cc: Joe Fowler
Chris O'Brien
JCCOG
DATE: February 11, 2004
TO: Steve Atkins, City Manager ~ ~
FROM: Linda Severson, Human Services Coordinator,~
RE: Youthworks Update
Youthworks is an employment skills training program for at-risk youth in Iowa City that is funded
by a one-year grant from the City. United Action for Youth (UAY) and Goodwill Industries
partner to provide the program.
Once class of five participants par[icipated in the first session. One youth completed the
classwork, unpaid and paid internships, and was offered pad-time paid employment at her
internship site. It has been a challenge to recruit youth who qualify and to maintain their interest.
Staff is focusing efforts on recruitment by sending another letter to each high school counselor
and at-risk teacher; distributing posters to locations frequented by teens; sending letters,
posters and referral information to specific agencies serving youth and families; and by
submitting press releases.
Recently UAY and Goodwill staff met with Workforce Youth Investment staff and staff from
Mercer Park Aquatic CentedScanlon Gym. Workforce Youth Investment is an employment
training program for youth sponsored by Iowa Workforce Development. They plan to offer the
Youthworks classroom instruction on-site at Mercer and internships at either Mercer or the Iowa
City Recreation Center. Mercer staff shared that they have received inquiries from 9~h and 10th
graders about work oppodunities. Youthworks is also working on another session to start by the
end of February with older students at the Senior High Alternative Center. Goodwill will be
contacting the Chamber of Commerce about Youthworks, and hopefully that will lead to
increased internship capacity around the community.
If you have questions or need additional information, please contact me at 356-5242 or linda-
severson @iowa-city.org.
cc: Jeff Davidson
indexbc\rnemos\3-1 LS.doc
IP7
IOWA CITY POLICE DEPARTMENT
USE OF FORCE REPORT
January 2004
OFFICER DATE INC # INCIDENT FORCE USED
4 01-01-04 4-12 Hold Up Alarm Officers responded to a hold up alarm.
The suspect was told to take his hands
out of his pockets. While being patted
down the suspect attempted to place his
hand in his pocket and was then
directed to the floor by the officer.
4 01-01-04 4-53 Large Fight When the officer arrived on the scene
ora large fight the subject fled. The
subject ran around one side of a
building while the officer ran around
the other side. Both the officer and the
suspect came out from around the
building at the same time and the
subject ran at the officer. The subject
disregarded the officer commands to
stop and the officer had to side step him
as he (officer) deployed a chemical
agent. The subject then stopped and
was handcuffed.
6, 60 01-01-04 4-61 Criminal The subject, who was under the
Mischief/Trespass influence of an unk. drug, had been
placed under arrest and told to get into
the back seat of the patrol car. When
the subject disregarded the officer's
request the officers directed the subject
into the back seat of the patrol car.
37, 88 01-01-04 4-82 Burglary Officers responded to a burglary in
progress and located the suspect hiding
behind a tree near the residence. The
officers drew their side arms and the
subject was ordered to the ground
where he was handcuffed without
incident.
4 Officers 01-02-04 4-167 Building search Officers responded to a burglary.
During the building search officers had
drawn their sidearms. No suspect was
located.
26, 43 01-03-04 4-395 Mental Cormmttal The subject refused to comply with
verbal commands to walk to the patrol
car and when the officer reached for the
subject's hand she pulled away. When
the officer aflempted to place handcuffs
OFFICER DATE INC # INCIDENT FORCE USED
on the subject she actively resisted and
was directed to the floor where she was
handcuffed. She was then walked to
the patrol car and taken to the hospital
(no injuries).
38 01-09-04 4-1276 Injured Deer The officer used his side arm to
dispatch a deer that had been struck by
a vehicle.
36 01-09-04 4-1424 Injured Deer The officer used his side arm to
dispatch a deer that had been struck by
a vehicle.
1 I, 55, 60, 38, 01-10-04 4-1469 Vehicle Pursuit Officers were investigating a fight
14, 38, 14 when two subjects fled in a vehicle.
Officers pursued the vehicle about one
mile when it got hung up on a curb.
Two patrol cars sustained nfinor
damage when struck by the run vehicle.
Officers approached the vehicle with
sidearms drawn and ordered the driver
from the car. When the driver refi~sed
to exit the car or to unlock the car door
the officers broke the driver's side
window and removed the driver.
Officers used active countermeasures to
get the suspect's hands behind his back
to handcuffhim. The passenger was
pulled through his open window after
refusing to unlock his car door and
telling the officers he would not be
getting out of the car.
4, 6 01-11-04 4-1634 Indecent Conduct The subject ran offwhen he saw the
officer approaching to speak with him
about a public urination incident. At
the conclusion of the foot chase the
subject disregarded officer commands
and was directed to a nearby vehicle
where the officer used a hands control
technique to place the subject's hands
behind his back to be handcuffed. The
officer then walked him back to the
patrol car and had to physically direct
hinr into the backseat when the subject
refused to comply with officer
commands to enter the car.
5 01-11-04 4-1711 Injured Deer The officer used his side arm to
dispatch a deer that had struck by a
vehicle.
OFFICER DATE INC # INCIDENT FORCE USED
14, 90 01-13-04 4-1909 OWl Officers responded to the OWI room to
assist another officer with a subject
who was yelling. Officers used a wrist
control technique to place the subject's
hands behind her back and handcuff
20 01-14-04 4-2118 Search Warrant When officers advised the subject that
they had a search warrant for his
residence the subject attempted to shut
the door on the officers. The officer
was able to push the door open while
the subject was pushing on the other
side in an attempt to shut it. Upon
gaining entry to the residence officers
advised the subject that he was under
arrest and to place his hands behind his
back. When the subject disobeyed
police commands the officer used a
wrist/arm control technique to place the
subject's hands behind his back. After
the subject was handcuffed he
continued to physically and verbally
resist and was directed to the floor by
the officer.
25 01-15-04 4-2287 Injured Deer The officer used his side arm to
dispatched a deer that had been struck
by a vehicle.
11, 36 01-17-04 4-2578 Fight The subject ran from officers while
being investigated for being in a fight.
While being chased the subject tripped
and fell in the street. When he
attempted to get back up to run the
officer directed him back to the ground
and handcuffed him.
2 officers 01-19-04 4-2933 Building search Officers th'ew their side arms while
searching a building that had been
burglarized.
37 01-19-04 4-2992 Sick Raccoon The officer responded to a complaint
that a raccoon had eaten rat poison.
The officer used his side arm to
dispatch the raccoon.
56, 57 01-20-04 4-3256 Trespass When officers learned that the subject
had provided them with a false name he
fled from them. He broke through the
door of a locked apt and attempted to
close the door to prevent the officers
from entering. After forcing the door
OFFICER DATE INC # INCIDENT FORCE USED
open the officers directed him to the
floor and had to use active counter
measures and hands control techniques
to get his hands behind his back to
handcuff him.
11 01-27-04 4-4441 Public Intoxication While being treated at the hospital the
subject became combative with staff.
He disregarded officer commands to
stop fighting and refused to be
handcuffed. The officer directed the
subject to the floor where he was hand
cuffed.
60 01-27-04 4-4557 Injured Deer The officer used his side arm to
dispatch a deer that had been struck by
a vehicle.
60 01-28-04 4-4713 Injured Deer The officer used his side arm to
dispatch a deer that had been struck by
a vehicle.
CC: City Manager, Chief, Captains, Lieutenants, Training Sergeant, City Clerk, Library
Submitted by Mayor Pro rem Wilburn ~P8
JANUARY--FEBRUARY 2004
ECl EXPRESS
Solid waste comprehensive plan update
Every three years, ECICOG must submit an updated regional comprehen-
management plan to the Iowa Department of
Natural Resources. The plan includes a review of local solid waste reduc-
tion programs and the region's progress toward the 50% reduction goal,
and outlines goals and objectives to continue to work toward the goal. The
tpdate documents a 41% reduction since 1988 in the amount of
waste being landfilled in the region.
At its meeting on January 29, 2004, the EC COG Board of Direc-
tors formally entered the draft plan update into a thirty-day public com-
ECICOG planning staff and local landfill officials will be
hosting a variety of meetings in February and March to allow for public
input on the draft plan. An abbreviated schedule of meetings appears be-
low. For meeting times and locations, contact Jennifer Ryan at ECl-
COG (ext. 31).
Benton County Solid Waste Commis- SW Commission or Su-
sion Meeting pervisors' Meeting
February 4 March TBA
ECICOG ECICOG Board Meeting ECICOG Board Meeting
January 29 February 26
SWTAC Meeting
February 12
Iowa County REIC Meeting RE1C Meeting
January 28 March 10
Johnson County/ Draft will be presented Plan will be adopted by
City of Iowa City to the City of Iowa City, the City of Iowa City,
each participating city each participating city
council, and the Board council, and the Board of
of Supervisors at meet- Supervisors at meetings
ings throughout Febru- in February and March.
ary.
Jones County Solid Waste Commis- Solid Waste Commission
sion Meeting Meeting
February 4 March 2
Linn County/ Bluestem Board Meeting Bluestem Board Meeting
Bluestem February 17 March 16
Tama County Solid Waste Commis- Solid Waste Commission
sion Meeting Meeting
February 12 March l I
Officers elected for 2004
At its annual meeting on January 29,
2004, the ECICOG Board of Directors
elected officers for calendar year 2004.
Lu Barton, Linn County Supervisor, was
elected chair. David Vermedahl, Benton
County Supervisor, and Gary Edwards
Iowa County were elected vice chair and
secretary/treasurer, respectively.
Incoming ECICOG chair, £u Barron (left), Barrun also honored out-going
and retiring chair, Ed Brown (right). chair, Ed Brown, Mayor of Washington,
with an engraved gavel. Brown has
served as chair of the board of directors for the past two years.
At the meeting, the board also approved the agency's operating
budget for fiscal year 2005. The budget included a 2% reduction in assess-
ments to member counties and solid waste commissions.
Mark your calendars - the 2004 Northeast Iowa Community Development
Conference is scheduled for Thursday, September 16. It will take place at the
elegantly restored, mm-of-the-century Hotel Winneshiek in downtown
Decorah. Sessions for the day, still in the planning stages, will follow along
three tracks: Community & Culture, Supporting Entrepreneurship, and Opti-
mizing Your Resources.
You may recall that last year's conference was held at the Red Fox
Inn in Waverly. It was a tremendous success, with nearly 200 community
leaders in attendance, learning from one another's achievements and network-
ing. The second annual conference promises to offer even more.
Staff Notes
Kristin Simon joined the ECICOG staff on February 2 as a solid waste plan-
ner. Simon relocated from Decatur, Illinois, where she had held the position of
Recycling Coordinator with the Macon County Solid Waste Management De-
partment. Previous to that position, she was employed by the Western Illinois
Regional Council as a solid waste educator. Colleagues in the region will
quickly become acquainted with Simon as she and Jennifer Ryan hold a variety
of public meetings throughout February and March to gather input on the most
recent update to the ECICOG solid waste management comprehensive plan.
February 12 ECICOG Solid Waste TAC meeting, Bluestem Solid Waste
Agency, 6301 Kirkwood Blvd. SW, Cedar Rapids, 1:00 p.m.
Region 10 RPA Policy Board meeting, ECICOG Offices,
108 Third Street SE, Cedar Rapids, 2:00 p.m. F/e""%
February 16 EC1COG offices closed in observance of Presidents' Day
holiday
February 26 ECICOG Board of Directors meeting, ECICOG Offices, E~ C[::NT[~ IOWA
108 Third Street SE, Cedar Rapids, 1:00 p.m. COUNCIL OF GOVERI'qMENTS
March 11 ECICOG Solid Waste TAC meeting, Location TBD,
1:00 p.m. YOUR REGIONAL Pt,aJ-4NING AGENCY
March 18 ECICOG Transit Operators Group meeting, Benton County t xt'), e~.~ is a bimonthly electronic publication of the East Central
Iowa Council of Governments.
Transportation, 205 Second Avenue, Vinton, 10:00 a.m.
March 25 ECICOG Board of Directors meeting, ECICOG Offices,
108 Third Street SE, Cedar Rapids, 1:00 p.m.
MINUTES DRAFT
IOWA CITY TELECOMMUNICATIONS COMMISSION
MONDAY, JANUARY 26, 2004 5:30 P.M.
CITY CABLE TV OFFICE, 10 S. L1NN ST.-TOWER PLACE PARKiNG FACILITY
MEMBERS PRESENT: Brett Castillo, Terry Smith, Jim Pusack, Saul Mekies, Kimberly Thrower
MEMBERS ABSENT:
STAFF PRESENT: Drew Shaffer, Mike Brau, Bob Hardy, Andy Matthews, Dale Helling,
Kevin Crawley
OTHERS PRESENT: Phil Phillips, Rene Paine, Beth Fisher, Susan Rogusky, Jon Koebrick,
Andy Kromphardt
RECOMMENDATIONS TO CITY COUNCIL
None at this time.
SUMMARY OF DISCUSSION
Paine reported that PATV has extended their operating hours and are now open until 11 p.m. Monday-
Thursday. Theresa Seeberger was recently appointed to the Board of Directors. The annual report will
be ready in March. Paine announced she will be resigning as director and the Board will have a
replacement hired to take over in the spring. The City received notice today that the FCC ruled against
the City on the rate matters addressed in the settlement agreement. However, Mediacom informed the
City that they will abide by the terms of the agreement despite the FCC's ruling. Shaffer thanked
Mediacom for their decision. Koebrick reported that Mediacom is going to double the download
speeds of their cable modem service. The service will now offer download speeds up to 3 Mbs and
upstream of 256 Kbs. An email message will go out to all subscribers notifying them of this change.
Video on demand (VOD) services are being launched in Cedar Rapids and will be offered in Iowa City
soon. Mediacom is making progress in their effort to achieve Competitive Local Exchange Carder
(CLEC) (telephone) status with the Iowa Public Utility Board. Mediacom's telephone service will be
using the Voice Over Internet Protocol (VolP). Mediacom is conducting a beta test of their telephone
service in their Des Moines office and have been pleased with the quality and reliability. Mediacom
has not chosen where the service will be rolled out, but it will likely be in the third quarter of 2004.
The cost will be about $40 per month and will include all long distance charges. The average phone
bill in the United States is about $63. Mediacom will soon offer an upgraded digital converter box that
will include a digital video recorder, which is similar to the TiVo service. In March more high
definition television services will be offered including HDNet, Bravo, ESPN, Discovery, and if a deal
can be negotiated, the broadcast channels. Shaffer said that the letter to Mediacom regarding the drop
audit is finished and clarifies that the terms of the franchise regarding conducting an drop audit have
been met. Smith noted that the letter leaves open the option of a full technical audit in the franchise
renewal process.
APPROVAL OF MINUTES
Smith moved and Mekies seconded a motion to approve December 15, 2003 meeting minutes. The
motion passed unanimously. Smith moved and Thrower seconded a motion to approve the amended
January 2, 2004 minutes. The motion passed unanimously.
ANNOUNCEMENTS OF COMMISSIONERS
Mekies asked if the Commission might be interested in including an agenda item for future meetings
regarding the cost of ESPN, adding CSAPN 3 the system, and grouping channels in the lineup
according to their type, such as news, sports, family, etc.
SHORT PUBLIC ANNOUNCEMENTS
None.
UNIVERSITY OF IOWA REPORT
Kromphardt reported that U of I TV received funding for a digital automated playback system and will
be purchasing one soon. The process to hire a new program manager is underway. U of I TV recently
taped the Martin Luther King Jr. convocation.
PATV REPORT
Paine reported that PATV has extended their operating hours and are now open until 11 p.m. Monday-
Thursday. Theresa Seeberger was recently appointed to the Board of Directors. The annual report will
be ready in March. Paine announced she will be resigning as director and the Board will have a
replacement hired to take over in the spring.
SENIOR CENTER REPORT
Rogusky distributed the January Senior Center TV program guide and a copy of an article about SCTV
that appeared in the Community Media Review.
IOWA CITY COMMUNITY SCHOOL DISTRICT REPORT
No representative was present.
LEGAL REPORT
Matthews said he had nothing new to report.
LIBRARY REPORT
Fisher reported that the library will hold a summer reading program for both young adults and adults.
The construction schedule for the new library is still on time.
K1RKWOOD REPORT
No representative was present.
MEDIA UNIT
Hardy reported that a new server-based playback system is being tested. The new system should save
time and money. Soundproofing and a lighting grid have been installed in the studio. The Community
Television Service continues to be quite busy.
CABLE TV ADMINISTRATOR REPORT
Shaffer distributed the Citizen Financial Summary. The City Council has scheduled a work session on
the budget for Tuesday, January 27 at 6:30 p.m. where Commissioners can address the budget plan and
suggest changes in the Cable Division budget. Shaffer said he is relaying this information as a
courtesy as the Commission has already reviewed the Cable Division budget. The cable TV budget is
again providing a $100,000 subsidy to the general fund. Shaffer referred to the rate settlement
agreement in the meeting packet and said that it was passed by City Council. The City received notice
today that the FCC ruled against the City on the rate matters addressed in the settlement agreement.
However, Mediacom informed the City that they will abide by the terms of the agreement despite it not
being formally adopted. Shaffer thanked Mediacom for that decision. Shaffer reported that he has
been working with the Center for Governmental Studies from California to put together a video tape of
eight minute statements from the Presidential candidates to be shown on local access channels and by
Mediacom on their local channels state-~vide. The process is also being undertaken in New Hampshire
and other states. The project ~vill help educate citizens about the candidates and educate the candidates
about local access. Helling said there is a potential to develop the idea for state and local elections.
CONSUMER ISSUES
Shaffer referred to the quarterly complaint report and the January complaint report in the meeting
packet. Shaffer said the complaint level was down for both reports. Shaffer referred to a complaint
received by letter in which the subscriber had been billed for an analog converter box for a long time,
did not need the box, and did not realize that they had been billed for the converter. Shaffer said he
recently received a similar complaint. Mediacom agreed to provide a six month refund for those
charges. ShafferaskedKoebrickiftherewereanyrecordsofretumedconverterboxes. Koebricksaid
Mediacom has those records. Shaffer said there may be more subscribers that are being charged for
converter boxes they are not using or do not know they are being charged for a converter box. Mekies
asked if it was possible to send a notice to subscribers renting analog converter boxes. Koebrick said
that could be done and that he is unsure how many subscribers that would affect. Pusack said that
some subscribers may not understand what the term "non-addressable converter" refers. Thrower
asked Mediacom to provide the number of converters being billed. Koebrick said he will provide the
number ofnon-addressable converts subscribers being billed in Iowa City. Matthews said that a public
education effort through bill stuffers and other means may be needed. Smith suggested using
InfoVision and the City Channel. The scope of the problem is not known. Perhaps taking a sample
survey of all subscribers with converter boxes could help determine that. Koebrick said that
Mediacom can not legally provide customer information.
MEDIACOM REPORT
Koebrick reported that Mediacom is going to double the download speeds of their cable modem
service. The service will now offer download speeds up to 3 Mbs and upstream of 256 Kbs. An email
message will go out to all subscribers. Video on demand (VOD) services are being launched in Cedar
Rapids and will be offered in Iowa City soon. Mediacom is making progress in their effort to achieve
Competitive Local Exchange Cartier (CLEC) (telephone) status with the Iowa Public Utility Board.
Mediacom's telephone service will be using the Voice Over Interact Protocol (VolP). Mediacom is
conducting a beta test of their telephone service in their Des Moines office and have been pleased with
the quality and reliability. Mediacom has not chosen where the service will be rolled out, but it will
likely be in the third quarter of 2004. The cost will be about $40 per month and will include all long
distance charges. The average phone bill in the United States is about $63. Mediacom will soon offer
an upgraded digital converter box that will include a digital video recorder, which is similar to the
TiVo service. In March more high definition television services will be offered including HDNet,
Bravo, ESPN, Discovery, and if a deal can be negotiated, the broadcast channels.
CABLE TV DROP AUDIT
Shaffer said that the letter to Mediacom regarding the drop audit is finished and clarifies that the terms
of the franchise regarding conducting an drop audit have been met. Smith note that the letter leaves
open the option of a full technical audit in the franchise renewal process. Smith moved and Thrower
seconded a motion to approve the approach outlined in the letter and to send the letter to Mediacom.
The motion passed unanimously.
FRANCHISE RENEWAL UPDATE
Shaffer reported that the City requested that Rice, Williams send them their standard contract for
review. Helling, Shaffer, and Matthews have reviewed the contract and made some changes.
Matthews still has a few changes to make, and when he is done the contract will be returned to Rice,
Williams.
GAZETTE EDITORIAL
Shaffer said he wanted to make sure the Commission realized that the Cedar Rapids Gazette ran an
editorial regarding rate increases, but unfortunately overstated the size of the increases and failed to
note the basic tier rate decrease achieved by the City. Smith said the section noting the failure of the
emergence of competition in the industry is accurate and urged the Commission not to respond to the
editorial.
1NFOVISION DEMONSTRATION/FOCUS GROUPS
Shaffer said Kevin CrawIey has prepared a model to demonstrate the video on demand system that will
soon appear on InfoVision Channel 5 and the re-design of InfoVision. The Commission viewed the
demonstration.
ADJOURNMENT
Smith moved and Castillo seconded a motion to adjourn. The motion passed unanimously.
Adjournment was at 7:02 p.m.
Respectfully submitted,
Drew Shaffer
Cable TV Administrator
DRAFT
POLICE CITIZENS REVIEW BOARD IP10
MINUTES - February 10, 2004
CALL TO ORDER Vice Chair Candy Barnhill called the meeting to order at 7:04 p.m.
ATTENDANCE Board members present: Candy Barnhill, Greg Roth, John Stratton, and Roger
Williams; Board member absent: Loren Horton. Legal Counsel Catherine Pugh
and Staff Kellie Tuttle present. Aisc in attendance was Capt. Tom Widmer of the
ICPD.
RECOMMENDATIONS TO COUNCIL
(1) Accept PCRB Report on Complaint #03-11.
CONSENT
CALENDAR Motion by Stratton, seconded by Williams, to adopt the consent calendar.
· Minutes of the meeting on 01/13/04
Motion carried, 4/0. Horton absent.
NEW BUSINESS None.
OLD BUSINESS None.
PUBLIC
DISCUSSION None.
BOARD
INFORMATION None.
STAFF
INFORMATION None.
EXECUTIVE
SESSION Motion by Roth, seconded by Stratton, to adjourn into Executive Session based
on Section 21.5(1 )(a) of the Code of Iowa to review or discuss records which are
required or authorized by state or federal law to be kept confidential or to be kept
confidential as a condition for that government body's possession or continued
receipt of federal funds, and 22.7(11) personal information in confidential
personnel records of public bodies including but not limited to cities, boards of
supervisors and school districts, and 22-7(5) police officer investigative reports,
except where disclosure is authorized elsewhere in the Code; and 22.7(18)
Communications not required by law, rule or procedure that are made to a
government body or to any of its employees by identified persons outside of
government, to the extent that the government body receiving those
communications from such persons outside of government could reasonably
believe that those persons would be discouraged from making them to that
government body if they were available for general public examination.
Motion carried, 4/0, Horton absent. Open session adjourned at 7:07 P.M.
PCRB-Page 2
February 10, 2004
REGULAR
SESSION Returned to open session at 7:40 P.M.
Motion by Stratton, seconded by Williams, to forward the Public Report as
amended for PCRB Complaint #03-11 to City Council. Motion carried, 4/0,
Horton absent.
Motion by Stratton, seconded by Roth, to set the level of review for Complaint
#03-13 to 8-8-7(B)(1 )(b), Interview/meet with complainant, and 8-8-7 (B)(1)(e),
Performance by board of its own additional investigation. Motion carried, 4/0,
Horton absent.
Motion by Williams, seconded by Stratton, to request a 60-day extension for
PCRB Complaint #03-13, for the following reasons: Further investigation by the
Board and the Board wishes to interview the complainant. Motion carried, 4/0,
Horton absent.
Staff was directed to request additional information from the Police Chief
regarding Complaint #03-13.
MEETING SCHEDULE
· March 9, 2004, 7:00 P.M., Lobby Conference Room
· April 13, 2004, 7:00 P.M., Lobby Conference Room
· May 11,2004, 7:00 P.M., Lobby Conference Room
· June 8, 2004, 7:00 P.M., Lobby Conference Room
ADJOURNMENT Motion by Roth, seconded by Stratton, to adjourn. Motion carried, 4/0, Horton
absent. Meeting adjourned at 7:44 P.M.
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City IA 52240-1826
(319)356-5041
TO: City Council
Complainant
Stephen Atkins, City Manager ~-~- --
R. J. Winkelhake, Chief of Police
Officer(s) involved in complaint
FROM: Police Citizens Review Board
RE: Investigation of PCRB Complaint #03-11
DATE: 10 February 2004
This is the Report of the Police Citizens Review Board's (the "Board") review of the
investigation of Complaint PCRB #03-011 (the "Complaint").
Board's Responsibility
Under the City Code of the City of Iowa City, Section 8-8-7B (2), the Board's job is to
review the Police Chief's Report ("Report") of his investigation of a complaint. The City
Code requires the Board to apply a "reasonable basis" standard of review to the Report
and to "give deference" to the Report "because of the Police Chief's professional
expertise" Section 8-8-7B (2). While the City Code directs the Board to make "findings of
fact", it also requires that the Board recommend that the Police Chief reverse or modify
his findings only if these findings are "unsupported by substantial evidence", are
"unreasonable, arbitrary or capricious" or are "contrary to a Police Department policy or
practice or any Federal, State or Local Law". Sections 8-8-7B (2) a.
Board's Procedure
The Complaint was received at the Office of the City Clerk, October 13, 2003. As
required by Section 8-8-5 of the City Code, the Complaint was referred to the Chief of
Police for investigation.
The Chief's Report was due on January 08, 2004 and was filed with the City Clerk on
January 08, 2004.
PCRB #03-11
Page 1
The Board voted to review the Complaint in accordance with Section 8-8-71~t~a),~p
the record with no additional investigation. ~_)
The Board met to consider the Report on January 13, 2004 and February t~,~00.4,,.
Findings of Fact ~
On September 17, 2003, at approximately 10:34 p.m. police were called to 507 N. Linn
St. in Iowa City in reference to a male beating a female. Upon arrival Officer A reported
hearing yelling and a baby crying. Officer A reported looking through the front window
and observed a man and a woman pushing each other. The woman was later identified
as the complainant and the man as the baby's father. Officer A reported that the
complainant wore a t-shirt with what appeared to be blood on it. Officer A reported
knocking at the door and the man answered. When officer A inquired about the blood
the man reportedly stated "they were cut up in here". The complainant then began
pushing at the door and yelling for the officer to get out of her house and that she
needed a warrant. When officer A gained access into the room the complainant's foot
had become caught under the door. Officer B now arrived on the scene.
The complainant exited the living room area and had entered the bedroom shutting the
door behind her. Officer A knocked on the door. When Officer A entered the bedroom
the complainant was wearing a different shirt and denied the ,e~xistence of another t-shirt
or that she had changed shirts to the Officer. Officer A report~that the complainant
became less cooperative as she realized that the man was going to be arrested. Officer
^ also reported the complainant was allowed to get the crying baby and bring the child
from the living room to the bedroom. The complainant sat down on the bed in the
bedroom and laid the baby beside her. The complainant told Officer A that she tried to
get the man to leave and they (the complainant and the man) began pushing each
other. The complainant told Officer A that she banged her head on the corner of the
wall and cut her lip causing blood to be splattered on the wall. Pictures were taken to
document the injuries.
Officer A later noticed a scrape to the right temple area of the complainant but reported
seeing no blood from this injury. Officer A cleaned the area and put a band-aid over the
scrape. Officer C asked the complainant to consent to a search while she was in the
bedroom. She consented and later withdrew her consent prior to the discovery or
confiscation of any physical evidence. Officer A arrested the complainant and took her
to a squad car. Officer C performed a Search Incident to Arrest and found a weapon
(handgun) under the bed where the complainant had been sitting. The complainant was
later brought back into the bedroom and was confronted with the discovery of the
weapon. The Iowa Department of Human Services was called to the scene and took
the baby into protective custody. An assistant Johnson County Attorney followed up a
PCRB #03-11
Page 2
few days later by filing a CHINA petition.
The complainant told investigators of this complaint that whoever was at the door
(Officer A) was being disrespectful to the man and that she did not realize it was a
police officer. She stated she thought that since she did not summon the officer she did
not have to let the officer in. The complainant told the investigators that she went into
the bedroom to change her shirt. She stated she was not trying to hide the bloody shirt
and showed Officer A where the t-shirt was. The complainant told investigators that she
knew Officer A was calling Human Services when she was at the front door. The
complainant told investigators that she did not know she had an injury to her temple
until Officer A mentioned it to her. The complainant later told investigators that she
thought the injury to be serious and life threatening and that it was a big hole and
poured and dripped blood all night. At no time did the complainant request medical
assistance for the injury to her temple area.
Conclusion
Alle.qat on # 1: False statements aqainst Officer A
The board has no cause to suspect or believe Officer A made false statements to any
party involved with this situation. Officer A's statements were supported by the written
reports of other officers on the scene and in some circumstances by the complainant.
She reported accurately the order of events and movements of those involved, both
police and citizen. Officer A documented the need for the temporary custody/removal of
the baby from the residence due to the dangerous surroundings that evening and did
nothing to convey false information to either the Department of Human Services or the
Johnson County Attorney's Office. The Board finds the Chief's conclusion is supported
by substantial evidence and is not unreasonable, arbitrary, or capricious. Allegation #1
against Officer A is not sustained.
Alleqat on # 1: False statements a.qa nst Off cer C
The board has no cause to suspect or believe that Officer C made false statements to
any party involved with this situation. Officer C played a secondary role in regard to the
investigation and calling of the Iowa Department of Human Services. The Board finds
the Chief's conclusion is supported by substantial evidence and is not unreasonable,
arbitrary, or capricious. Allegation #1 against Officer C is not sustained.
Allegation #2: Illeqal Search aqainst Officer A
The board has no cause to suspect or believe that Officer A committed an
unconstitutional search of the suspect or the premises. Exigent circumstances existed
allowing a warrantless entry by the officer. The Board finds the Chief's conclusion is
supported by substantial evidence and is not unreasonable, arbitrary, or capricious.
Allegation #2 against Officer A is not sustained.
PCRB #03-11 ..cb ~-_
Page3 ~'~ ~ iq'q
Alleqation #2: IIleqal Seamh aqainst Officer C
The board has no cause to suspect or believe that Officer C committed an
unconstitutional search of the premises. A consent seamh was requested and
consented to. When the complainant withdrew her consent to search, the officer
respected her constitutional request and terminated the search. Officer C then
conducted a second search after the arrest of the complainant. The complainant had
been sitting on the bed prior to being arrested and being removed from the room. The
search was constitutional since the area in which the search was performed was within
the complainant's immediate control. The Board finds the Chief's conclusion is supported
by substantial evidence and is not unreasonable, arbitrary, or capricious. Allegation #2
against Officer C is not sustained.
Alleqation #3: Failed to provide medical care aqainst Officer A
The board finds no cause to suspect or believe that Officer A failed to provide medical
care. On the contrary, Officer A was obviously conscious as to the medical condition of
the complainant and brought her attention to the less obvious injury to the
complainant's right temple. A scrape that the complainant, by her own testimony and
that of Officer A, did not even know existed. The wound was attended to at the
residence and clearly was not a serious injury with blood pouring out of it as the
complainant told the officer who investigated her complaint. The Board finds the Chief's
conclusion is supported by substantial evidence and is not unreasonable, arbitrary, or
capricious. Allegation #3 against Officer A is not sustained.
Allegation #3: Failed to provide proper medical care aqainst Officer C
The board finds no cause to suspect or believe that Officer C failed to provide medical
care. Officer C was at the scene investigating another incident at a different location.
Due to the obvious injury to her lip related by the complainant and the direct attention
Officer A was giving the complainant, Officer C had no responsibility to attend to the
observed wounds. The Board finds the Chief's conclusion is supported by substantial
evidence and is not unreasonable, arbitrary, or capricious. Allegation #3 against Officer
C is not sustained.
Comment
None.
PCRB #03-11
Page 4