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2004-07-29 Info Packet
I:: ¡ =~;;;;.-~~ £~~W!i: ~' _..,~ CITY COUNCIL INFORMATION PACKET --~ July 29, 2004 CiTY OF IOWA CiTY www.icgov.org I AUGUST 2 WORK SESSION ITEMS I IP1 City Council Meeting Schedule and Work Session Agendas IP2 MidAmerican Request for Election on Franchise Proposal I MISCELLANEOUS ITEMS I IP3 Memorandum from PCD Director: State Review of Gilbert-Linn National Historic District Nomination [Copy of letter enclosed] IP4 Copy of Letter from Michael Maharry, Chair, Iowa City Historic Preservation Commission to Northside Property Owners: Proposed Gilbert-Linn Street Historic District IP5 Memorandum from Police Chief Winkelhake: UAY School Interaction Grant IP6 Memorandum from Brad Neumann, JCCOG Solid Waste Management Planner: Beverage Container Recycling at the Iowa City Jazz Festival IP7 Memorandum from Robert Miklo, Senior Planner: Clarification regarding the Development Code project and the sign ordinance I PRELIMINARY DRAFT/MINUTES I IPS Telecommunications Commission: June 28, 2004 Ipg Historic Preservation Commission: July 22, 2004 IP10 Police Citizens Review Board: July 13, 2004 I! I I 07-29-04 I -....= -14'!t IP1 !:.~W~ City Council Meeting Schedule and :::' ....'m~ -~ Work Session Agendas July 29, 2004 CITY OF IOWA CITY www.icgov.org · MONDAY, AUGUST 2 Emma J. Harvat Hall 6:30p Special Formal Separate Agenda Posted To Follow Council Work Session Special Formal · Planning and Zoning Items · Airport Referendum · Agenda Items · Council Appointments · MidAmerican Request to Negotiate Franchise · Council Time · Identification of Priorities for Discussion · TUESDAY, AUGUST 3 Emma J. Harvat Hall 7:00p Formal Council Meeting I TENTATIVE FUTURE MEETINGS AND AGENDAS I · MONDAY, AUGUST 16 Emma J. Harvat Hall Work Session Canceled · TUESDAY, AUGUST 17 Emma J. Harvat Hall Formal Council Meeting Canceled · MONDAY, AUGUST 30 Emma J. Harvat Hall 6:30p Special Council Work Session · TUESDAY, AUGUST 31 Emma J. HaiVat Hall 7:00p Special Formal Council Meeting · MONDAY, SEPTEMBER 6 Emma J. HaiVat Hall Labor Day Holiday - City Office Closed Work Session Canceled · TUESDAY, SEPTEMBER 7 Emma J. HaiVat Hall Formal Council Meeting Canceled · MONDAY,SEPTEMBER13 Emma J. HaiVat Hall 6:30p Special Council Work Session · TUESDAY,SEPTEMBER14 Emma J. Harvat Hall 7:00p Special Formal Council Meeting Meeting datesltimesltopics subject to change FUTURE WORK SESSION ITEMS Regulation of Downtown Dumpsters .-_. ---. ._--- --~-"--~-'--- - -..- I ~ 1 CITY OF IOWA CITY [;J -- = -~!t --- ~~W~ MEMORANDUM -.::::..... ....l1li., ..... .. Date: J"'28 2004 Q~ To: City Council From: Eleanor M. Dilkes, City Attorney Re: MidAmerican Request for Election on Franchise Proposal MidAmerican Energy has now requested that the City Council set an election on a franchise proposal pursuant to Iowa Code Section 364.2.4(b). Because the Council has declined to schedule a special election, the franchise proposal must be placed on the ballot at the regular city election in November 2005. MidAmerican proposes that the language of the franchise which expired in 2001 be the language on the ballot unless the City Council chooses to accept MidAmerican's offer to negotiate a franchise agreement and present a negotiated franchise proposal to the voters. Enclosed you will find copies of MidAmerican attorney Karen Huizenga's letter to me of June 24, 2004 and my letter to her of July 14, 2004. As we have previously discussed, the Council is obligated by statute to place MidAmerican's franchise proposal on the ballot. The decision for the Council is whether to negotiate a franchise agreement with MidAmerican. As you will note from my letter to Ms. Huizenga, I informed MidAmerican that at your council meeting of August 2, City staff would advise the Council of what staff believes to be the primary negotiable items, and I invited MidAmerican to indicate what items it believes are negotiable. Enclosed you will find Ms. Huizenga's letter to me of July 27, 2004 in which she addresses this issue. The following are items for negotiation identified by staff to date: · Franchise Fees · Options in the event of deregulation' · "Muni-lights" options' · Pole attachment / conduit use without charge' · Undergrounding / relocation of utilities in public right-of-way" · Economic development components · Indemnification issues" · Pruning / removal of trees' · Duration .. "These items are addressed in some form in the franchise which expired in 2001. "" The franchise which expired in 2001 had a 15-year duration. Staff will be available at your August 2, 2004 work session to answer your questions. In addition, after consultation with the Mayor, I suggested that it would be helpful to have a MidAmerican representative present at this Council meeting in the event Council has questions about what MidAmerican believes are the negotiable items. Please call me if you have any questions. Attachments cc: Steve Atkins, City Manager Dale Helling, Assistant City Manager Andy Matthews, Assistant City Attorney Karen Huizenga, MidAmerican Energy counsel eleanor/mem/8-2worksession.doc - ... MidÅInerican D ~©[§n~&: MldAmerican Energy Company ~ ENERGY JUN 2 5 2004 One RiverCenterPlace 106 East Second Street PO Box4350 Davenport, Iowa 52808 319333-B006Telephone 319333-8021 Facsimile Karen M. Huizenga Attorney June 24, 2004 Ms. Eleanor Dilkes City Attorney for City of Iowa City\ 410 East Washington Street Iowa City, Iowa 52240 Dear Ms. Dilkes: We understand that there may have been some confusion as to the parameters of its recent request for a franchise election. Hopefully, we can make things a little clearer. As provided for under Iowa Code § 364.2.4 (b), MidAmerican suggested in its request to the City that a special election for a franchise be held within six months. This was done in the belief that after three years of public discussion and study the issue of renewing the electric franchise with Iowa City can be resolved sooner rather than later. That said, it is our understanding it is the city's obligation to set the date of the election so long as that date is after the date of the request but no later than the next city-wide general election November 8, 2005. MidAmerican's offer to negotiate with the City as to the franchise agreement language still stands. However, if council decides it does not want to negotiate the franchise language, then MidAmerican proposes the language in the franchise that expired in November 2001 be the language put forth on the ballot. In order to confirm our understanding of Iowa's statutes relative to this matter, we sought the opinion of an outside attorney who has expertise in municipal law . This opinion supported our reading. In summary, MidAmerican does request that the City set an election. MidAmerican understands that the City may decide not to set this election before November 8, 2005 which would mean that it would run with the city election. If the council sets the date of the special franchise election prior to November 8, 2005, it is our legal advisor's opinion the City would have the option of bringing forward the questions posed by the citizens for public power at the same election -- . ----,._---,._-_.._--+_...._--~~-,------_._......_..,'-- -...-..........- _._---_._~ - MidÅInerican ~ ENERGY OBSESSIVELY, RELENTLESSLY AT YOUR SERVIC£'" Ms. Eleanor Dilkes June 24, 2004 Page Two I will call you after you've had an opportunity to review this letter to discuss next steps and answer questions. Sincerel y. - K en Huizenga Attorney MidArnerican Energy Company 563/333-8006 . -. ....,... ..~ ^ ." -. ---~-_.~ ---. --_._.....~._._.,....,_. ----.---- - -------...--.....-------... -------.,......,....----". · , filE COpy j ~ ! --~=--IO t~W~'t July 14, 2004 ~~ "1liiI' ...... ... ~ CIty of ~ Karen Huizenga ~ eX MidAmerican Energy Co. 1 RiverCenter Place 106 East 2nd Street P.O. Box 4350 Davenport, IA 52808 Re: MidAmerican's Request for Election on Franchise Proposal Dear Ms. Huizenga: I'm glad we were finally able to connect by phone on July 8, 2004 to discuss your lètter to me of June 24, 2004. MidAmerican has requested that the City Council set an election on a franchise proposal. Because the Council has declined to schedule a special election the franchise proposal will not be on the ballot until the regular city election in November 2005. MidAmerican proposes that the language of the recently expired franchise be the language on the ballot unless the City Council chooses to accept MidAmerican's offer to negotiate a franchise agreement and present a negotiated franchise proposal to the voters. Your letter of June 24 makes reference to an opinion of an outside attorney, and you have graciously provided me with a copy of Mark McCormick's opinion dated June 14, 2003, in which he addresses the meaning of Iowa Code Sections 388.2 (statute govèrning election for establishment of municipal utility) and 364.2(4)(b) (statute governing election on franchise proposal). While I agree with much of what Mr. McCormick has to say, I do not concur with his conclusion that if the Council would set a special election on MidAmerican's franchise proposal, it would have the option of putting the municipal electric proposal on the same ballot. It has been and continues to be my opinion that once the municipal electric proposal was made by citizen petition, the mandatory language of the statute requires that the election be held at the next regular city election. Mr. McCormick does not address the mandatory language in Section 388.2 which states that upon receipt of a valid petition, the Council "shall submit the proposal at the next regular city election." (emphasis added), nor does he address the differences in the language of Sections 388.2 and 364.2(4)(b) regarding Council's obligations upon receipt of a citizen petition. These differences support a reading of Section 388.2 which requires that a citizen proposal to establish a municipal utility be placed on the ballot at the next regular city election. In any event, it is quite clear that Council has acted legally in response to the municipal electric petition and, at a minimum, debatable whether it would be doing so if it changed the date of that election to a special election. 410 EAST WASHINGTON STREET. IOWA CITY, IOWA 52240-1826 . (319) 356-5000 . FAX (319) 356-5009 .~ As we discussed, this matter will be placed on the agenda for the Council's August 2 work session. The Council is obligated by statute to place MidAmerican's franchise proposal on the ballot. Thus, the primary discussion will center on whether the Council desires to negotiate a franchise with MidAmerican. At that meeting, City staff will advise Council about what we believe are the primary negotiable items. As I noted during our phone conversation, it would be helpful if MidAmerican would also indicate what items it believes are negotiable. You were receptive to providing such input, and it is my understanding that MidAmerican will provide us with that information in time to include it within the Council's agenda packet for its August 2 meeting. As I indicated by phone, in order to do so I will need that information no later than July 28, 2004. Of course, it would also be helpful to have a MidAmerican representative present at the Council meeting on August 2 in the event Council has questions about the list submitted by MidAmerican. Please let me know if you have any further comments or questions. vg;:;; 1L: 0Ji¿ Eleanor M. Dilkes City Attorney cc: Steve Atkins, City Manager Dale Helling, Assistant City Manager Andy Matthews, Assistant City Attorney Susan Frye, MidAmerican counsel eleanor/ttrs/huizenga. doc ........., .-.-.. ..--. ---- -..------........--.---- -"" -- ...---,-,.,..-.,-----.---,.",.-..,.-. \ . ... MidAm.erican D /E©/EDVIE MidAmerican Energy ~ ENERGY 106 East Second Street OBSESSIVELY, RELENTLESSLY AT YOUR SERVICE. P.O. Box 4350 JUL 2 8 2004 Davenport, Iowa 52808 563 333-8006 Telephone 563333-8021 Fax kmhuizeoe:a@midarnencan.com Karen M. Huizenga Attorney July 27,2004 By Facsimile and UPS Overnight Delivery Eleanor M. Dilkes City Attorney City of Iowa City 410 East Washington Street Iowa City, Iowa 52240-1826 Dear Ms. Dilkes: Thank you for your letter of July 14,2004 summarizing our understanding as to the next steps for MidAmerican' s franchise proposal. I also want to express my appreciation for your review of Mark McConnick's opinion and your willingness to share your observations concerning it. Before presenting specifics as to items that may be "negotiable" in terms of the franchise, I would first like to offer some context from MidAmerican's perspective. As I am sure you are aware, MidAmerican operations and ability to deviate therefrom are bounded by both federal and state statutes and regulation. In addition, MidAmerican must file tariffs, consistent with the regulations, that also have the force of law. In the main, such tariffs set out the parameters of our day-to-day interactions with our customers and others and set out rate schedules. All of our tariffs can be accessed from the home page on our website (www.midamericanenergv.com) by clicking on the word "rates." While it may sometimes seem as though there is a statute, rule or tariff to govern every situation, obviously that is not the case. However, we do have a duty to not unduly discriminate either for or against any of our customers. That duty is codified at Iowa Code Section 476.5 which states in pertinent part: [N]o such public utility shall make or grant any unreasonable preferences or advantages as to rates or services to any person or subject any person to any unreasonable prejudice or disadvantage. Because we have to be mindful of that requirement as well as all of the regulations and tariffs, please be aware that even if we indicate an item to be negotiable, we simply may not be able to be as accommodating as we might like to be. That being said, we do our best to deal with unusual situations. - , , Eleanor M. Dilkes July 27,2004 Page 2 Thus, the franchise document itself is only part of the relationship between the City and MidAmerican. Over the years, MidAmerican has partnered with businesses, governmental agencies and volunteer organizations, including the City itself, in many economic development and community betterment endeavors in Iowa City. We expect to continue to do so. Of course, providing excellent, safe, reliable electric and customer service is what we do. We are pleased that others recognize our commitment as is shown by the 2004 J.D. Power and Associates awards. Given the above context, the following is a starting point. Just because an item is not mentioned does not mean that MidAmerican is unwilling to discuss an item or is unwilling to listen to new ideas. Furthermore, there may be items not currently in the franchise document that could add value to the document for both parties. In other words, the list itself is negotiable. Negotiable items include, but are not limited to, the duration; automatic renewal/amendment options; City communication cable for City purposes to be placed on poles or in conduit without charge; a franchise fee; and a notification system if third-parties request attachment to our poles within the City limits. MidAmerican will be pleased to have a representative at the August 2, 2004 meeting. Please let me know if there are any questions. I can be reached at (563) 333-8006. Sincerely, , ¡: KMH I ~ 1 CITY I 07 ~29M04 I CITY OF IOWA IP3 --= -~!t ~~W~ MEMORANDUM -.::::..... -1'., ~ ... Date: July 29, 2004 To: City Manager ~ ~J----- From: Karin Franklin, Director, ~ Re: State review of Gilbert-Linn National Historic District Nomination Upon receipt of the letter from Lowell Soike of the State Historic Preservation Office, we had a conversation with Mr. Soike and both parties have agreed to defer consideration of this nomination by the State review board until the review board's February, 2005 meeting. This will enable adequate time for us to undertake the public review and input process desired by the City Council and meet the submission deadlines of the State. Cc Bob Miklo Shelley McCafferty -- - ~--_.- -....---.----..- ~---_._-~.~~-- HSTATE ISTORICAL ¡SOCIETY of OWA A Division of the Iowa Department of Cu~ural Affairs July 23,2004 Mr. Robert Miklo Senior Planner City of Iowa City 410 East Washington Street Iowa City, IA 52240-1826 Re: Gilbert and Linn Street Historic District Dear Mr. Miklo: We find the City's proposal outlined in your July IS, 2004 letter practical. An August 12, 2004 public hearing date seems to fit well in the schedule for the October 8, 2004 State Nomination Review Committee (SNRC) meeting. Below is a summary of our scheduling for that meeting. · The deadline for finalized nomination drafts is July 30, 2004 (Are changes being made to the nomination?); · CLG notifications and review fonus will be sent out during the week of August 2, 2004; · Owner, Mayor, Consultant notifications/agendas and Committee packets will be sent out during the week of August 30; 2004 and; · The SNRC meeting is October 8, 2004. If this schedule looks to be impossible for you we would need to move to the February 11,2005 SNRC meeting. We hope that this schedule will mingle with the City's plans. Please contact me if you have further questions or concerns. "" Sincerely, 0 = = ~O .c- <- :Þ=¡ c: 0--< , 'ìl Dr. Lowell Soike N - --10 w r- , Deputy SHPO -:-< r m rn "'" r) ::0 ::J!: 0 '- """""'- - <;;/'0- - :Þ: .. - 0 600 EAST LocUST STREET, DES MOINES, IA 50319-0290 P: (515)281-5111 -- t UEJ I - ! -----= -.oat ,...-- £~W!! "'-..... ~IID.' July 27, 2004 ....... ... CITY OF IOWA CITY 410 East Washington Street RE: Proposed Gilbert-Linn Street Historic District Iowa City. Iowa 52240-1826 (319) 356-5000 IJ 19) 356-5009 FAX Dear N orthside Property Owner; www.icgov.org As an owner of property in the proposed Gilbert-Linn Historic District, you are invited to the public hearing of the Historic Preservation Conninssion to discuss the nomination of this district to the National Register of Historic Places. Nomination of the Gilbert-Linn Street Historic District to the National Register is a determination ofthe district's historic, cultural and architectural significance to Iowa City's heritage. A copy of the draft nomination, which was prepared by architectural historian Marlys Svendsen, is available for review on the web at www.iCgov.com and at the Planning and Conununity Development office in City Hall. A map of the proposed Gilbert-Linn Street Historic District is printed on the back of this letter. The meeting will be held Tuesday, August 10 at 7:00 pm in City Han, Emma J. Harvat Hall, 410 E. Washington Street. The purpose of this meeting will be to: I. Allow the public to conunent regarding the historic significance of the proposed district. 2. Allow infonnal discussion regarding local historic district designation in this area. If the Historic Preservation Conninssion decides to proceed with a local district, a public hearing will be held at a later date. The purpose of listing property on the National Register is to: I. Identify historically significant buildings, structures, sites, objects, and districts, according to the National Register Criteria for Evaluation; 2. Encourage the preservation of historic properties by documenting the significance of historic properties and by lending support to local preservation activities; 3. Enable federal, state, and local agencies to consider historic properties in the early stages of planning projects; 4. Provide for review of federally funded, licensed, or sponsored projects which may affect historic properties; 5. Make owners of historic properties eligible to apply for federal grants-in-aid for preservation activities; and 6. Encourage the rehabilitation of income-producing historic properties which meet preservation standards through tax incentives. The National Register does not: I. Restrict the rights of private property owners in the use, development, or sale of private historic property, provided federal funding is not used. 2. Force federal, state, local or private projects to be stopped. 3. Provide for review of state, local, or privately funded projects which may affect historic properties. 4. Guarantee that grant funds will be available for all significant historic properties. 5. Lead automatically to local historic district designation. Local Wstoric districts are established through the local zoning process and require public hearings at and approval by the Historic Preservation Commission, Planning and Zoning Conninssion and City Council. The information collected about a district and properties within the district for National Register nomination may be used to determine if the district or property meets the criteria of state and local code for local historic district or landmark designation. However, National Register listing is not required for local designation. Additional information about the National Register is available on the web at http://www,cr.nps.gov/nr/ and http://www.iowahistorv.oIl!/preservationlindex.htmL Sincerely, ßt~ #(~ Michael Maharry Chair, Iowa City Historic Preservation Conninssion -~ --." -----.-- - -.....--. .-----.--- Proposed Gilbert-Linn Street Historic District National Register of Historic Places RONALDS ST 1--1 , , ¡. FAIRCHILD ST f- . UJ w f- => UJ 0' ~ => []) w => []) 0 ...J ~ " '\ , DAVENPORT ST [. 23. ~ Key property MARKET ST + ~ Contributing property c=J Noncontributing property N I ..".. -- -~_..__...-. -..-----.'-- ~.._-_._~.,._.~------_._- r o~;~l DEPARTMENT MEMO 04-32 TO: Chief Winkelhake ~/~ FROM: Captain Widmer ~ REF: UA Y School Interaction Grant DATE: July 28, 2004 Beginning in April and continuing through May of this year, the Iowa City Police Department participated in a mentoringlinteraction project at Southeast Junior High (one three hòur block was at City High). This was made possible through a grant received by United Action for Youth. Seven different Iowa City Officers logged 157.75 hours interacting with the students in a variety of activities and contacts. Uniformed officers were given specific assignments to fulfill during their time at the school as well as some unstructured time to "dropcin" at various classes and study periods. Officers spoke on specific topics in classes, participated in class activities (even drama activities), interacted one-on-one with targeted students, and participated in a ropes course activity with students at the McBride Field Campus. One officer even participated in playing water polo with a physical education class. On two occasions, officers were on hand to directly intervene in improper behavior issues. This allowed a timely interaction which greatly contributed to school safety. All officers report that they consider the interaction very worthwhile. They stated that they were able to relate to the young people and teachers in a way they normally are not afforded. School officials also report the interactions were positive and allowed staff to utilize skills/expertise not normally afforded to them. Students were allowed to observe and interact with officers thereby building relationships that influence. While no statistical measurement can be done to measure the success of the interaction, it allowed for a better understanding by students, teachers and officers. These are the types of life experiences that make a difference in not only the quality of our schools, but also our community as a whole. -~ ---~--"--'~---""-""- --,'- -".,._.._._----~."..__....,..._----_.__._-_...~~---- I ~ 1 CITY OF IOWA cITY~ --= -~!t !~~i!S MEMORANDUM -.::::..... ,.l1li.' ...... Date: J". 27, 2004 tff!i ,/ ~ To: Steve Atkins ~ From: Brad Neuman&OG Solid Waste Management Planner Re: Beverage Container Recycling at the Iowa City Jazz Festival During the weekend of July 2-4 the Iowa City Jazz Festival took place in downtown Iowa City. As we had done at the Arts Festival a month earlier, we conducted a beverage container recycling program. The program consisted of the City placing special recycling containers throughout the Jazz Fest grounds for use during the festival weekend. The 24 containers were delivered to the site by a landfill crew and set out by a local group that worked with the landfill in servicing the containers during the weekend. The landfill chose to recruit a separate group to specifically service the recycling containers rather than add to the heavy workload of the event staff. The recycling containers were placed next to garbage containers that were also supplied by the City. At the end of the weekend the containers were disassembled near the large roll-off container for the landfill crew to pick up. All of the materials collected were delivered to City Carton for separation and recycling. As with Arts Fest, the program worked well. The volume collected at the Jazz Fest was about the same as the volume collected at the Arts Fest one month earlier (about 25 bags of beverage containers), and once again there was little contamination problem. Working with a separate group to service the collection containers also worked out very well. The landfill will continue to recruit local organizations to service the collection containers in the future. I have discussed this program with the Johnson County Fair, and we decided to implement the program next year. This will give the fair organizers time to plan how best to fit recycling into their overall program. I have also heard from another community in Johnson County that is interested in using the collection containers during special events in their community. I anticipate other communities following. I have also been contacted by a local organization interested in servicing the collection containers during special events. I don't believe that recruiting organizations to service the containers will be a problem in the future. Overall I am very pleased with how successful this program has been in such a short time. If you have any questions or comments, please give me a call. cc: Jeff Davidson Dave Elias Rick Fosse jccogsw/mem/jazzfestrecyc,doc City of Iowa City ~ -------- MEMORANDUM ---- July 28, 2004 To: City Council From: Robert Miklo - Senior Planner Re: Clarification regarding the Development Code project and the sign ordinance At your joint meeting with the Planning and Zoning Commission last Wednesday, Jerry Hansen mentioned dissatisfaction with an issue that was discussed at one of the Planning and Zoning Commission's many Code review sessions. To avoid a misunderstanding regarding how the Code review meetings have been conducted, some clarification is needed. During review of the City's sign ordinance, a couple of Commissioners voiced a desire to overhaul the regulations for signs in the downtown area in order to allow a more exciting atmosphere and thus promote the downtown and spur economic development. Times Square and Las Vegas were held up as examples of the excitement generated by more elaborate lighted and animated signs. Other Commissioners expressed some reservations about such a dramatic change in direction in the sign ordinance. Given that such a substantial change in the sign regulations should necessarily involve downtown residents, businesses, and property owners; and that these types of changes were not listed as an objective in the Development Regulations Analysis that established the scope of the Code Rewrite Project, staff suggested to the Commission that any such effort to revise the sign ordinance should be addressed in a separate project. A majority of Commissioners at the meeting agreed. Since Council was not party to this discussion, it is our concern that some may have misconstrued Jerry's comments at your joint meeting. It has never been staffs intention to squelch discussion or refuse to incorporate changes in the draft of the new Code that are supported by the majority of the Commission. Staff has nothing but respect for the amount of time and effort put forth by the Commission in reviewing, discussing, and suggesting changes to the City's development regulations. Within the next few months, the Council and the public will have an opportunity to review and consider the fruits of their labor. I cc: Steve Atkins Karin Franklin Planning and Zoning Commission -.."... -~.- ,.....-.. ....-------..---- -----...-.............- ---- ~ IP8 MINUTES DRAFT lOW A CITY TELECOMMUNICATIONS COMMISSION MONDAY, JUNE 28, 2004 - 5:30 P.M. CITY CABLE TV OFFICE, 10 S. LINN ST.-TOWER PLACE PARKING FACILITY MEMBERS PRESENT: Jim Pusack, Kimberly Thrower, Saul Mekies, Brett Castillo MEMBERS ABSENT: Terry Smith STAFF PRESENT: Drew Shaffer, Mike Brau, Bob Hardy, Dale Helling, Andy Matthews OTHERS PRESENT: Susan Rogusky, Beth Fisher, Josh Goding, Kevin Hoyland, Jon Koebrick, Phil Phillips. RECOMMENDATIONS TO CITY COUNCIL None at this time. SUMMARY OF DISCUSSION Shaffer reported that there were no complaints. This is the first time in about 25 years there were no complaints. Koebrick said Digital Video Recorders (DVR) are available but not actively promoted in Iowa City because the supply of two tuner DVRs is limited at this time. Single tuner DVRs are currently available. An upgraded program guide will be available soon. Fisher reported that the library's grand opening drew 3,500-4,000 people. Work is continuing on the installation of new video equipment. After the equipment has been installed Community Programmer Ty Coleman and P A TV director Josh Goding will be trained to use the equipment. There will be remote cameras in the children's reading room and the large meeting room. Library pages will be trained to tape and edit programs. Hardy reported channel 5, which currently cablecasts InfoVision, will be additionally utilized for live programming and other interactive uses. For example, Channel 5 will cablecast all of the Cable Division's live programming, with the exception of City Council and Board of Supervisor meetings. The channel will incorporate call-in and email viewer input on lin programming and serve as the platform for Video on Demand (VOD). It is planned that segments of City Council meetings will be transferred into VOD content. Hardy distributed a memo regarding guidelines for what the ICTC previously approved which was a pass-through allocation to the Senior Center for funding of a part-time staff person. Pusack asked if the Senior Center has been seeking other sources of funding for the position. Rogusky said the franchise fee is the only place SCTV can hope for money. Pusack asked about fundraising. Rogusky said the Senior Center has been doing fundraising, but not specifically for SCTV. Pusack asked if SCTV could request that a portion of funds raised be allocated to SCTV to off-set the special allocation of pass-through funds. Rogusky will inquire into this matter. It may not be possible to fundraise specifically for SCTV. Castillo reported regarding franchise renewal that two options are being explored. These are the informal renewal process or granting an extension ofthe current franchise. Over the next two weeks there will meetings held with the City's consultants and representatives from the access channels and access channel programmers. Shaffer said that these meetings are about the process and options regarding the franchise renewal. APPROVAL OF MINUTES Mekies moved and Castillo seconded a motion to approve regular meeting minutes of May 24, 2004 meeting minutes. The motion passed unanimously. ANNOUNCEMENTS OF COMMISSIONERS None. SHORT PUBLIC ANNOUNCEMENTS None. CONSUMER ISSUES Shaffer reported that there were no complaints. This is the first time in about 25 years there were no complaints. MEDIACOM REPORT Koebrick said he was pleased with the lack of complaints and said that it represents a general trend. Digital Video Recorders (DVR) are available but not actively promoted in Iowa City because the supply of two tuner DVRs is limited at this time. Single tuner DVRs are currently available. An upgraded program guide will be available soon. UNIVERSITY OF lOW A REPORT Shaffer reported that Mike McBride sent him an email that he would not be able to attend. PATVREPORT Goding reported that P A TV received a Community Development Block Grant for half the cost of an automatic door for the section of their building leased to the Everette Conner Center. A special workshop was held for the Creative World Day Care Center. Goding will be attending the Alliance for Community Media conference July 7-10. SENIOR CENTER REPORT Rogusky distributed the June Senior Center TV program guide. A recent SCTV program featuring a night time prairie bum was played at the Kent State Park open house and was well received. lOW A CITY COMMUNITY SCHOOL DISTRICT REPORT Hoyland reported that during the summer there will be more replays on the educational channel than during the school year when there are more activities. Work is continuing on the upgrade of the video equipment in the school board room. LffiRARY REPORT Fisher reported that the library's grand opening drew 3,500-4,000 people. Work is continuing on the installation of new video equipment. After the equipment has been installed Community Programmer Ty Coleman and P ATV director Josh Goding will be trained to use the equipment. There will be remote cameras in the children's reading room and the large meeting room. Library pages will be trained to tape and edit programs. -..- KIRKWOOD REPORT No representative was present. MEDIA UNIT Hardy reported channel 5, which currently cablecasts Info Vision, will be additionally utilized for live programming and other interactive uses. For example, channel 5 will also cablecast all the Cable Division's live programming, with the exception of City Council and Board of Supervisor meetings. The channel will incorporate call-in and email viewer input on line programming and serve as the platform for Video on Demand (VOD). It is planned that segments of City Council meetings will be transferred into VOD content. Pusack suggested that a web-based interface might be developed in addition to the current touch-tone phone interface. Koebrick said there are significant technological hurdles that would have to be crossed for Mediacom's digital interactivity to be utilized. Hardy reported that the CTS recently taped programs for the Johnson County ARC on the changes in the Medicare program and a program for the Iowa City Area Association of Realtors on fair housing. The Media Unit has been busy taping candidate forums, election results. Greater coverage of the upcoming school board election and the Nov. 2 election is planned. Taping and cablecasting of candidate statements, as was done for the Democratic presidential candidates and sheriff primary election, will be expanded. It is anticipated that all candidates at all levels of government will be offered the opportunity to participate in the program. Hardy distributed a memo regarding guidelines for the previously-approved pass-through allocation to the Senior Center for funding of a part-time staff person. Pusack asked if the Senior Center has been seeking other sources of funding for the position. Rogusky said the rranchise fee is the only place SCTV can hope for money. Pusack asked about fundraising. Rogusky said the Senior Center has been doing fundraising, but not specifically for SCTV. Pusack asked if SCTV could request that a portion of funds raised be allocated to SCTV to off-set the special allocation of pass-through funds. Rogusky will inquire into this matter. It may not be possible to fundraise specifically for SCTV. Pusack suggested that funds might be solicited rrom SCTV viewers. Matthews said he will look into this matter. Pusack said that SCTV can't count on the pass-through fund to cover staff positions for eternity and that some other funds will need to be sought. CABLE TV ADMINISTRATOR REPORT Shaffer reported that interviews for the Special Projects Assistant are being conducted this week and next. REFRANCHISING Castillo reported that two options are regarding rranchise renewal being explored~proceeding with the informal renewal process or granting an extension of the current franchise. Over the next two weeks there will meetings held with the City's consultants and representatives rrom the access channels and access channel programmers. Shaffer said that these meetings are about the process and options regarding the franchise renewal. The meetings were not set up to include Commission representatives, although that is possible. Castillo and Smith will be meeting with staff and the consultants in separate meetings. Pusack said that if an extension of the rranchise is pursued there would be less public input for the Commission than the renewal path. Participation by a Commissioner at the meetings with the access entities might then be more important. Shaffer said that a subscriber survey is also being planned to gather input on subscriber's needs and interests. Shaffer ...~.. ^- __U___'__"._.d_ said the role of the consultants in the meetings is to codify and summarize the concerns and interests of the participants. Pusack said that the role of Commissioners, ifin attendance at the meetings, would not be to be an active participant and that ifthe consultants are compiling the input gathered at the meetings it may be best that Commissioners not attend those meetings. ADJOURNMENT Mekies moved and Thrower seconded a motion to adjourn. The motion passed unanimously and the meeting was adjourned at 6:40 p.m. Respectfully submitted, Drew Shaffer Cable TV Administrator -. -----"---,- ---- TELECOMMUNICATIONS COMMISSION 12 MONTH ATTENDANCE RECORD 01/01/03 to CURRENT Meeting Date Kimberly Saul Meikes Brett Terry Smith Jim Pusack Thrower Castillo 6/2/03 x x x X x 7/28/03 x x x X x 8/25/03 x x x x olc 9/22/03 x x x x ole 10/27/03 x x x x ole 11/24/03 x x ole x x 12/15/03 ole o/e x x x 1/2/04 x ole x x x 1/26104 x x x x x 2/23/04 x ole x ole x 3/22/04 x x x X x 4/26/04 x x x x OIC 5/24/04 x x OIC x x 6/28/04 x x x ole x 7/26/04 olc x x x x (X) = Present (0) = Absent (O/C) = Absent/Called (Excused) ~ MINUTES Dra HISTORIC PRESERVATION COMMISSION JULY 22,2004 - 7:00 P.M. EMMA HARVAT HALL - CIVIC CENTER MEMBERS PRESENT: Michael Gunn, Michael Maharry, Mark McCallum, Jim Ponto, Amy Smothers, , Tim Weitzel MEMBERS ABSENT: James Enloe, Justine Zimmer, Paul Sueppel STAFF PRESENT: Shelley McCafferty OTHERS PRESENT: Doug Ducharm, Martha Kelch, Mike Brennan CALL TO ORDER: Chairperson Maharry called the meeting to order at 7:04 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. ITEMS FOR CONSIDERATION: Historic Review: 1130 Sevmour Avenue. Martha Kelch of Shive-Hattery presented the proposed addition to Longfellow School. She stated that there were three reasons for the addition: 1. Need space for cafeteria table, 2. Provide vestibule into gymnasium; 3. Provide more inviting entrance to gymnasium. Kelch said that the addition will be an extension of the existing vestibule, which is not used. All new brick will be used. The design incorporates accent brick banding and foundation from the original building, pilasters and pre-cast door trim from the addition. Smothers said that this is an addition to the addition and that Shive-Hattery could have been more creative. She said you don't have to make it blend in with the addition and modern materials could have been used. Maharry asked If because the addition is over 50 years old is it considered historic. Weitzel said he felt that the gymnasium was not itself significant. McCafferty said that a contemporary addition would be acceptable under the Secretary of the Interior's Standards. Weitzel said he felt the proposed addition is acceptable. MOTION: Ponto moved to approve a certificate of appropriateness for an application for an addition to Longfellow School as proposed by Shive-Hattery. McCallum seconded the motion. Weitzel said that the Commission was not going to require that the design be changed. Smothers agreed and said this was a discussion about design theory. The motion carried on a vote of 6-0. 1025 Oakland Avenue. McCafferty stated that the applicant is not present. In the past the applicant requested a COA to replace the front gable window with a new double-hung window of the same size, which was approved as a certificate of no material effect. This application is a request to replace the east or west gable window with a double-hung the same size as the front gable window for egress. This would make the window significantly taller and wider and the sill would no longer align with the fish scale siding. McCafferty said the applicant is willing to use a casement window of a size similar to the existing window with a simulated check rail. but also requested approval for the double-hung window. McCafferty recommended the casement window. Weitzel and McCallum agreed. Smothers said that the fish scale could be lowered so that it aligns with the sill of the taller double-hung window. Weitzel said that the frieze board could be extend as a band below the fish scale. .,... -. --'..---...-'." 'U"" ..~,+__.~,~__ -----------.---..----..--.---......--.-..,------ Historic Preservation Commission Minutes July 22, 2004 Page 2 MOTION: Weitzel moved to approve a certificate of appropriateness for 1025 Burlington Street to replace the east and/or west gable windows with a casement window of the same vertical dimension as the existing opening; or a double-hung window of the same dimension as the front gable window provided fish scale shingles are added to align with the sill of the new window or the frieze board is extended across the gable with fish scales above. McCallum seconded the motion. The motion carried on a vote of 6-0. 723 Oakland Avenue. McCafferty said that the applicant is requesting a certificate of appropriateness to add a handrail to the front and back stoops. McCafferty said she recommended black pipe hand railings but the applicant wanted something he felt would be more compatible with the architecture. McCafferty said after looking at other hand rails on the street she recommend the railing illustrated in the packet. She said the applicant found her recommendation acceptable. Gunn asked about the issue of waiting a year to paint pressure treated lumber. Weitzel said that because this type of lumber is not kiln dried it has a high moisture content. McCafferty said it will not hold paint until it has cured. McCafferty said she would check with HIS to see if there was anyway to enforce painting after a year, but was doubtful. The Commission agreed that they would have to have confidence that the homeowner would paint the handrail after it has cured. Ponto asked about the newel post cap. Weitzel recommended a flat or simple pyramid cap. MOTION: Weitzel moved to approve a certificate of appropriateness to construct wood handrails at the front and back stoop of 723 Oakland Avenue as proposed provided flat or simply pyramid newel post caps are used. Ponto seconded the motion. Maharry said he felt it complied with the guidelines and that it would be a nice addition. The motion carried on a vote of 6-0. Minutes: June 10. 2004. McCafferty said she listened to the tape of the meeting and changed the minutes regarding 728 Dearborn Street accordingly. MOTION: Weitzel moved to approve consideration of the June 10, 2004 minutes to the Commission's next meeting. Smothers seconded the motion. The motion carried on a vote of 6-0. Julv 8. 2004. Maharry asked if there were any concerns with these minutes. Weitzel said no. MOTION: McCallum moved to approve the July 8, 2004 minutes of the Historic Preservation Commission meeting, as amended. Gunn seconded the motion. The motion carried on a vote of 6-0. INFORMATION AND DISCUSSION: Ponto asked about 728 Dearborn Street and whether they still required review for the fiberglass clad window. McCafferty said she had not heard from the applicant. Weitzel asked about a replacement for Paul Sueppel. McCafferty said she need a letter from Sueppel. Gilbert-Linn Street Historic District. McCafferty stated that a number of property owners in the commercially zoned area of the proposed National Register Gilbert-Linn Street Historic District have submitted letters of protest to the State. The primary reason for their concern is that they feel NRHP designation will lead to local historic district designation and regulation of their properties. However, under state code, NRHP registration is not required to designate a local historic district. McCafferty said that the Commission has the information necessary to substantiate that this area meets the criterian of state and local code for local designation. .~,. - -----_.__...._-_.--.._-~,.._"._---,-_.__...__..._------ --- - --- --_._~_.,---.-..._- --._-_._'-----..-------.--- Historic Preservation Commission Minutes July 22. 2004 Page 3 Maharry said the reason for the open hearing on August 10 is that property owners feel they were not properiy notified. Maharry said that at the hearing they could discuss the historic significance of the district and individual property. Weitzel asked if individual owners can request to have their property removed from the National Register district. McCafferty said that if more than 50% of the owner protest the designation by sending a notarized letter to SHPO, the nomination would not be listed on the NRHP. In this district there are 103 properties and 86 owners, therefore 44 owners would have to protest. If this happens, the nomination is still reviewed by SNRC and the National Park Service will make a determination of eligibility. However the district will not appear on the National Register. But if determined eligibie for the NRHP, property owners in the district wouid still be able to use historic preservation tax credits. McCafferty said the public hearing will be held Tuesday, August 10 at 7:00. Brennan asked if the letter notifying property owners will state that the registration will not effect property owners. McCafferty said the notification will state what the NRHP does and does not do. Brennen asked if it would mention any adverse effects. McCafferty stated she was not aware of any law that results in an adverse effect. Brennen stated that 36 CFR 60 would adversely effect property. He said athough there are tax benefits, there are aiso tax penalties for demolition. Maharry said that may be a matter of interpretation and said they would provide the same information that has been provided in notification for other NRHP districts. Maharry said the purpose of the public hearing is to provide the public with information. McCafferty said she was not familiar with 36 CFR 60 and would look into it. She said she could refer property owners to the applicable code. Ponto said information provided should be balanced and fair. McCafferty said that all the objectors have property in the commercially zoned area. Gunn said it Is likely that discussion will be focused on local designation. McCafferty agreed. She said that regardless of the facts provided by the City and SHPO, people who are opposed do not believe that this is not regulatory and not required for local designation. The reason for opposition is the fear that if it is listed on the NRHP it will also become a local historic district. One of the approaches to address their concern is to proceed with local designation immediately exclusive of the commercial properties. McCafferty said that given the character of Iowa City and issues with commercial property, commercial property owners are not at this time comfortabie with local historic districts. The Commission discussed if the public hearing should include discussion of iocai designation. Maharry stated that the purpose of the public hearing is to determine NRHP eligibility and historic significance. Gunn said that what people are most concerned about is local designation. If the Commission isn't willing to discuss local designation they will be accused of not listening. McCafferty recommended that there be two items on the agenda. The first to determine NRHP eligibility and the second a neighborhood meeting, not the public hearing, about local designation. Gunn said that local designation is a long process that involves many meetings. During the meetings people ask questions, they get answers, there are arguments, thing changes. He said this is a democratic process. Gunn said there is a process with local designation that helps to sooth fears about the designation and that it is a good process. Smothers said that the message should be that the public is hear to define their own neighborhood. Listing an area on the NRHP archives the history of an area. The Commission discussed the impact that zoning has on the assessed and market value of property. McCallum stated an example of a fraternity in which the bank loaned the fraternity money for repairs based on the appraisal which determines the highest and best use of the property. In this case, the highest and best use was not a fraternity or rooming house, it was an apartment building. The bank will provide loans for highest and best use because in the event of foreclosure, they could recover the loan. Smothers stated that in Savannah banks are not allowed to deny loans to owners that intend to preserve their property; this is redllning. Gunn said that if local district zoning restricts commercial properties more than existing zoning than property owners will be upset and justifiably so. Gunn said this is a valuable argument and maybe these properties should be removed from a local district. The Commission must address this issue. McCafferty said that appraising historic buildings is difficult and many appraisers do not know how to place economic value on the intrinsic value of a historic building. She stated Carnegie Library is an Historic Preservation Commission Minutes July 22, 2004 Page 4 example of this. This building was not placed on the National Register, but the outcry from the public prevented its demolish. Because it is historic, it is desirable. This is not reflected in an appraisal. Gunn asked if the properties in the commercial were nonhistoric. McCafferty said that only two of the properties are non historic. Gunn said that the issue is not alteration but demolition. If the property is historic it cannot be demolished if In a local historic district. Gunn said this is a real issues, owners have reason to be upset and the Commission must deal with it the best they can. Wietzel said there is an issue with owners wanting to sell to Mercy when they are done with their property. McCafferty said that until the commercial community have sufficient evidence that historic commercial properties are desirable because they contribute to a sense of place, the desirability of a community and the community's economy, there will not be support for commercial historic districts. McCafferty said that the case needs to be made that historic properties are economically beneficial to a community. Weitzel said there is ample evidence that In other communities this is true. Maharry said this is one of the charges of the Commission. McCafferty said there is ample opportunity in the Northside for development, such as the Paglia's parking lot. City parking lot, gas station, etc. A vision of the redevelopment of the Northside Market Place that is Integral to the preservation of historic properties needs to be presented. Weitzel said that in communities in the eastern US, when communities revitalize their historic core, it brings people back to this part of the city. ADJOURNMENT: The meeting was adjourned at 8:50 p.m. Minutes submitted by Shelley McCafferty s:/pcd/minuteslhpc/2004/hpc07-22-04.doc -- Board or Commission: Historic Preservation Commission ATTENDANCE RECORD YEAR 2004 Jul 22,2004 TERM NAME EXP. 1/8/04 1/22/04 2/12/04 2/26/04 3/11/04 4/8/04 4/22/04 5/13/04 5/27/04 6/10/04 6/14/04 7/8/04 Amy Smothers 3/29/05 NM NM X OlE X X X X OlE X X X James Enloe 3/29/06 NM NM OlE X X X 0 0 0 0 0 0 Michael Gunn 3/29/07 NM NM OlE OlE X OlE OlE X X X X 0 Michael Maharry 3/29/05 NM NM X X X X X X X X X X Mark McCallum 3/29/06 NM NM X X X X X X X X X X James Ponto 3/29/07 NM NM X X X X X X X OlE X X Paul Sueppel 3/29/06 NM NM OlE OlE X X X X X X 0 X Tim Weitzel 3/29/05 NM NM X X X X OlE X OlE X X X Justine Zimmer 3/29/07 -- - --- -- -- OlE OlE OlE X OlE X 0 KEY: X = Present o = Absent DIE = Absent/Excused NM = No meeting --- = Not a Member Board or Commission: Historic Preservation Commission ATTENDANCE RECORD YEAR 2004 Jul 22,2004 TERM NAME EXP. 07/22/04 08/12/04 08/26/04 09/09/04 10/14/04 Amy Smothers 3/29/05 X James Enloe 3/29/06 0 I Michael Gunn 3/29/07 X Michael Mahany 3/29/05 X Mark McCallum 3/29/06 X James Ponto 3/29/07 X Paul Sueppel 3/29106 0 Tim Weitzel 3/29/05 X Justine Zimmer 3/29107 0 KEY: X = Present 0 = Absent OlE = AbsentlExcused NM = No meeting --- = Not a Member DRAFT POLICE CITIZENS REVIEW BOARD ~ MINUTES - July 13, 2004 CALL TO ORDER: Chair Loren Horton called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Candy Barnhill, Greg Roth, Loren Horton, and John Stratton MEMBERS ABSENT: Roger Williams STAFF PRESENT: Legal Counsel Catherine Pugh and Staff Kellie Tuttle present OTHERS PRESENT: U of I Students Rachel Allen and Matt Dixon from Class #19115 CONSENT CALENDAR Motion by Stratton, seconded by Barnhill, to adopt the consent calendar. · Minutes of the meeting on 05/11/04 · ICPD Use of Force Report - April 2004 · ICPD Use of Force Report - May 2004 · ICPD Use of Force Report - June 2004 · ICPD General Order #89-04 (Civil Rights) · ICPD General Order #99-05 (Use of Force) · ICPD General Order #99-09 (Vehicle Crashes) · ICPD General Order #00-03 (Less Lethal Impact Munitions) · ICPD General Order #00-01 (Search and Seizure) · ICPD General Order #01-03 (Performance Evaluations) · ICPD SOG #01-16 (Records Maintenance/Security) · ICPD Memorandum-Quarterly/Summary Report (Quarter 2)-IAIR/PCRB, 2004 · ICPD Department Memo 04-2 Stratton recommended minor changes to General Order #89-04 (Civil Rights) LEG 01.2, letter D, to read "Department personnel shall:" striking "At all times", and 0(1), to read, "Avoid exhibiting any bias or prejudice against any group or individual," instead of "Never exhibit any bias or prejudice against any group or individual". Another recommended change by Stratton was to General Order #99-09 (Vehicle Crashes) OPS 13.9, letter H, to read, "A member of this department shall not physically push or repair stalled vehicles, jump-start, or change a tire on any vehicle not owned by the City, except in emergency situations." Instead of, "A member of this department should not physically push or repair stalled vehicles, jump-start, or change a tire on any vehicle not owned by the City, except in emergency situations." Motion carried, 4/0, Williams absent. NEW BUSINESS Stratton inquired as to whether the vacancies on the Board had been filled. Horton indicated that one of the spots had been filled and the other has a deadline of July 281h. Horton asked the Board if there were any questions for discussion regarding Complaint #04-01, if there we not they could have an open meeting concurrence of a summary dismissal, otherwise they can discuss it in executive session. Barnhill stated she would like more discussion. The Board deferred discussion to executive session. OLD BUSINESS The Board reviewed draft #2 of the annual report. Minor additions/corrections were made to the report. .,.,.. - -'.,., .-.. -- ...-..---.. - ------- PCRB - Page 2 DRAFT July 13, 2004 Motion by Stratton, seconded by Roth, to adopt the second draft of the annual report and forward to the City Council as amended. Motion carried, 4/0, Williams absent. PUBLIC DISCUSSION U of I student Dixon asked a few general questions regarding the number of complaints and the review process by the Board. BOARD INFORMATION Horton announced that he had received a letter from Mayor Lehman re-appointing him for another term ending September 1, 2008. There is still one vacancy on the Board, and the deadline to file an application is July 28th An e-mail was received in May from a student in New Mexico, the e-mail and response will be included in the next packet. City Council member, Leonard Foster, from Mason City spoke with Horton. Horton discussed what the Board can and can't do and also had staff send a copy of the PCRB ordinance. STAFF INFORMATION None. EXECUTIVE SESSION Motion by Barnhill, 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, Williams absent. Open session adjourned at 7:31 P.M. REGULAR SESSION Returned to open session at 7:38 P.M. Motion by Stratton, seconded by Barnhill, to summarily dismiss PCRB Complaint #04-01 according to City code section 8-8-3(E) and directing staff to forward the Public Report to Council and the appropriate correspondence to the complainant and Police Chief. Motion carried, 4/0, Williams absent. MEETING SCHEDULE · August 10, 2004, 7:00 P.M., Lobby Conference Room · September 14, 2004, 7:00 P.M., Lobby Conference Room · October 12, 2004, 7:00 P.M., Lobby Conference Room Pugh is tentatively on vacation the week of the August 10th meeting but can be available by phone if necessary. ADJOURNMENT Motion by Barnhill, seconded by Roth, to adjourn. Motion carried, 4/0, Williams absent. Meeting adjourned at 7:42 P.M. - - ~._--_._-------_.._-