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Home My WebLink About1997-06-17 Minutes numberedSubject to change as finalized by the City Clerk. the City Clerk's Office, 356-5040. For a final official copy, contact COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES JUNE 17, 1997 Iowa City City Council, regular meeting, 7:00 p.m. at the Civic Center. Mayor Novick presiding. Council Members present: Baker, Kubby, Lehman, Norton, Novick, Thornberry, Vanderhoef. Absent: None. Staffmembers present: Atkins, Helling, Dilkes, Karr, Franklin, Fosse, Goodman-Herbst, Yucuis, Schmadeke. Council minutes tape recorded on Tapes 97-95, Side 2, 97-98, Both Sides. The Mayor proclaimed Pride Month - June 1997. Moved by Kubby, seconded by Norton, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions of the special meeting of. June 2 and the regular meeting of June 3 as published, subject to corrections, as recommended by the City Clerk. · Minutes of Boards and Commissions: Design Review Comm. - May 19,' June 2. Bd. of Adjus'tment - May 14. Human Rights Comm. - June 3. P&Z Comm. - May 15. P&R Comm. - May 14. Rules Comm. - May 12. Riverfront & Natural Areas Comm. - May 21 Approve the amended by-laws. Permit Motions: Approving a Class E Beer Permit for Osco Drug Store, #2393, 2425 Muscatine Ave. Approving a Class E Liquor License for Osco Drug Store #2393, 2425 Muscatine Ave. Approving a Class C Liquor License for Dublin Underground, 5 S. Dubuque St. Approving a Class C Liquor License for Dave's Foxhead Tavern, 402 E. Market St. Approving a Class C Liquor License for The Kitchen, 215 E. Washington St. Approving a Class C Liquor License for The Mill Restaurant, 120 E. Burlington St. Approving a Class C Liquor License for American Legion Roy L. Chopek Post #17, 3016 Muscatine Ave. Approving a Class C Liquor License for V.F.W., Weekes - Van Eck Post 3949, 609 Highway 6 East. Approving a Class E Beer Permit for Kum & Go #422, 513 S. Riverside Dr. Approving a Class C Liquor License for Gunnerz, 123 E. Washington St. Approving a Class E Liquor License for Hartig Drug Co. #10, 701 Mormon Trek Blvd. Approving a Class E Beer Permit for Hartig Drug Co. #10, 701 Mormon Trek Blvd. RES. 97- 192, Bk. 117, p. 192, ISSUE DANCING PERMIT. RES. 97-193, Bk. 117, p. 193. ISSUE CIGARETTE PERMITS. Approving a temporary Outdoor Service Area for Golden Oldies, 1 910 S. Gilbert St. Motions: APPROVE DISBURSEMENTS IN THE AMOUNT OF $10,283,124.76 FOFI THE PERIOD OF APRIL 1 THROUGH APRIL 30, 1997, AS RECOMMENDED BY THE FINANCE DIRECTOR SUBJECT TO AUDIT. Resolutions, Bk. 117: RES. 97-194, p. 194, APPROVING THE BY- LAWS OF THE IOWA CITY RIVERFRONT AND NATURAL AREAS COMMISSION. RES. 97-195, p. 195, AUTHORIZING THE MAYOR TO SIGN. AND THE CITY CLEFIK TO ATTEST THE RELEASE OF A LIEN REGARDING THE REHABILITATION AGREEMENT, THE LOW-INTEREST PROMISSORY NOTE AND THE MORTGAGE FOR THE PROPERTY LOCATED AT 847 Complete Council Activities June 17, 1997 page 2 RUNDELL STREET, IOWA CITY, IOWA. RES. 97-196, p. 196, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1625 CALIFORNIA AVENUE, IOWA CITY, IOWA. RES. 97-197, p. 197, APPROVING A NEW LEASE AGREEMENT WITH THE IOWA CITY AIRPORT COMMISSION AND THE CITY OF IOWA CITY FOR THE LEASE OF AIRPORT LAND BEING USED BY THE IOWA CITY SALVAGE BARN. RES. 97-198, p. 198, AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST THE LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, AND LITTLE DONKEYS, INC., D/B/A PANCHERO'S, INC. FOR A SIDEWALK CAFE. RES. 97-199, p. 199, RESCINDING RESOLUTION NO. 94- 254 AND ADOPTING IN LIEU THEREOF A NEW RESOLUTION ESTABLISHING FEES AND POLICY FOR EXAMINATION OF PUBLIC RECORDS FOR SERVICES PERFORMED BY THE OFFICE OF THE CITY CLERK. RES. 97-200, p. 200, TO SPECIFY THE USE OF ADDITIONAL TAX CREDIT REIMBURSEMENT. RES. 97-201, p. 201, AUTHORIZING APPLICATION FOR 1997 COMPREHENSIVE IMPROVEMENTS ASSISTANCE PROGRAM (CLAP). RES. 97-202, p. 202, APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA STATE DEPARTMENT OF ECONOMIC DEVELOPMENT FOR IOWA EMERGENCY SHELTER GRANTS PROGRAM FUNDING, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. RES. 97-203, p. 203, ACCEPTING THE WORK FOR THE PARK ROAD STORM SEWER PROJECT, PHASE II. Correspondence: Tina McCoy regarding dog park. Tom Wegman (Arts Center and Gallary) regarding art. Barbara Ringwalt regarding Hickory Hill Park. Robert Welsh regarding paratransit service. JCCOG Traffic Engineering Planner regarding: (a) Prohibition of On-Street Parking on the Northeast Corner of Dover Street and Wayne Street Intersection, (b) Designation of Two Metered Parking Spaces in the 300 Block of S. College Street as "HANDICAPPED PARKING ONLY." John Goree regarding Airport. improvements. Applications for Use of City Plaza,' all approved: Jacqueline Gharib (WINDS Education Campaign distribution of literature) various dates throughout summer and fall. Tom Miller (Campus Bible Fellowship distribution of literature) - various dates throughout summer. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Philip Zell, Senior Center Commission, responded to a Press Citizen article on the survey conducted by the Center to access senior citizens services in the community. Moved by Vanderhoef, seconded by Lehman, that the ordinance amending Title 14, Chapter 6, entitled "Zoning," Article P, entitled "Fences and Hedges," to change the vision triangle requirement at intersections, be given first vote for Complete Council Activities June 17, 1997 page 3 consideration. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Norton, seconded by Thornberry, to continue to July 15, 1997, a public hearing on an ordinance to permit projecting signs as a provisional sign in the CB-5 and CB-10 zones. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Lehman, seconded by Thornberry, to defer to July 15, 1997, an the ordinance amending Title 14, Chapter 6, entitled "Zoning," Article O, entitled "Sign Regulations," to permit projecting signs as a provisional sign in the CB-5 and CB-10 zones. The Mayor declared the motion carried, 7/0, all Council Members present. A public hearing was held on and ordinance permitting portable signs as a_ provisional sign in the CB-2, CB-5, and CB-10 zones. No one appeared. Moved by Thornberry, seconded by Lehman, that the ordinance amending Title 14, Chapter 6, entitled "Zoning," Article O, entitled "Sign Regulations," to permit portable signs as a provisional sign in the CB-2, CB~5, and CB-10 zones, be given first vote for consideration. Moved by Kubby, seconded by Thornberry, to amend the ordinance to include a one year sunset clause. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried on the first consideration as amended. Moved by Kubby, seconded by Norton, to forward a letter to the Johnson County Board of Supervisors recommending approval of an application for a continuation of a conditional use permit to allow a home business, an art gallery, for property located in Fringe Area B at 3880 Owl Song Lane SE, immediately north of Inverness Court. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Kubby, seconded by Norton, to defer to July 15, 1997, the following items' Item No. 6 - a resolution determining an area of the City to be an Economic Development Area, and that the rehabilitation, conservation, redevelopment, development, or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of the City; designating such area as appropriate for an Urban Renewal project; and adopting the Scott-Six Urban Renewal Plan therefor; Item No. 7 ~ an ordinance providing that general property taxes levied and collected each year on all property located within the Scott-Six Urban Renewal Project Area, in the City of Iowa City, County of Johnson County, State of Iowa, by and for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School District and other taxing districts, be paid to a special fund for payment of principal' and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with said Urban Renewal Redevelopment project; Item No. 8a. & b.-a public hearing and resolution on the execution of an agreement for private redevelopment by and between the City of Iowa City and Alvin and' Mary Jo Streb. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Complete Council Activities June 17, 1997 page 4 A public hearing was held on an ordinance amending Title 14, "Unified ~C~ Development Code," Chapter 3, "City Utilities," Article A, "General Provisions" of the City Code to establish rules governing billing adjustments to city utility accounts for incorrect billings; to waive payment for certain solid waste/recycling services; and, to amend the City Code provision concerning the establishment of city utility accounts to eliminate the requirement of a written agreement. No one appeared. A public hearing was held on plans, specification, form of contract, and. estimate of cost for construction of the North Iowa River Corridor Sanitary Sewer Improvement Project. Arty. Robert Downer, representing Margaret MacDonald, appeared. Public Works Director Schmadeke present for discussion. Moved by Thornberry, seconded by Norton, to continue the public hearing to a special formal meeting scheduled at 1:00 p.m. on June 18, 1997. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Thornberry, seconded by Norton, to defer to June 18, 1997 a resolution adopting plans, specifications, form of contract, and estimate of cost for construction of the North Iowa River Corridor Sanitary Sewer Improvement Project. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on plans, specifications, form of contract, and estimate of cost for the construction of the Scott Boulevard Trunk Sewer Project. No one appeared. Moved by Lehman, seconded by Thornberry, to adopt RES. 97-204, Bk. 117, p. 204, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SCOTT BOULEVARD TRUNK SEWER PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution approving plans, specifications, form of contract and estimate of costs for the Southgate Ave. and Stevens Dr. Storm Sewer Improvements project. Mark Moyer, 1143 Briar Drive, appeared regarding the Sandusky improvements project. City Engr. Fosse present for discussion. Moved by Kubby, seconded by Lehman, to adopt RES. 97-205, Bk. 117, p; 2~;~.~ 205, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COSTS FOR CONSTRUCTION OF THE SOUTHGATE AVENUE AND STEVENS DRIVE STORM SEWER IMPROVEMENTS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution approving plans, specifications, ~,~ form, of contract, and estimate of cost for the construction of the Sheridan Ave. Sanitary Sewer Bypass Project. No one appeared. Complete Council Activities June 17, 1997 page 5 Moved by Lehman, seconded by Vanderhoef, to adopt RES. 97-206, Bk. o'~,~ 117, p. 206, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SHERIDAN AVENUE SANITARY SEWER BYPASS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. City Engr. Fosse present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. ']'he Mayor declared the resolution adopted. A public hearing was held on plans, specifications, form of contract, and ~ estimate of cost for construction of the Brookside Drive Bridge .Reconstruction project. No one appeared. Moved by Kubby, seconded by Norton, to adopt RES. 97-207, Bk. 117, p. ,~~ 207, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE BROOKSIDE DRIVE BRIDGE RECONSTRUCTION PROJECT (PROJECT NO. BRM-3715(5)--8N-52). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Thornberry, seconded by Lehman, to adopt RES. 97-208, Bk. 117, ~,,~,~.~) _ p. 208, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE BROOKSIDE DRIVE BRIDGE RECONSTRUCTION PROJECT. [PROJECT NO. BRM-3715(5)~-8N- 52] to Iowa Bridge and Culvert for 9183,129.90. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Kubby, seconded by Lehman, that the ordinance amending City Code Title 4, entitled "Alcoholic Beverages," Chapter 1, entitled "Definitions," Section 1, entitled "Definitions"; Title 10, entitled "Use Of Public Ways and Property," Chapter 3, entitled "Commercial Use Of Sidewalks," Section 1, entitled "Definitions"; and Title Zl., entitled "Alcoholic Beverages," Chapter 2, entitled "Liquor Licenses and Beer Permits," Section 2, entitled "Premises Requirements," be given first vote for consideration. The Mayor announced that staff had requested expedited action and Council would be considering this ordinance at a special,_ meeting at 1:00 p.m. on June 18. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Thornberry, seconded by Norton, that the ordinance amending. Title 14, Chapter 1, Article A, entitled "Streets, Sidewalks and Public Way Generally" to delete the requirement for an applicant to post a street cleanup escrow prior to the issuance of each building permit, be given first vote for consideration. Council discussed scheduling review of this ordinance after a full construction year. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Kubby, seconded by Vanderhoef, that the ordinance regarding o,-~--~ control of graffiti and requiring removal of graffiti vandalism from private property, be given first vote for consideration. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Complete Council Activities June 17, 1997 page 6 Moved by Kubby, seconded by Norton, that the rule requiring ordinance to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 97-3789, Bk. 40, p. 27, AMENDING TITLE 3, "CITY FINANCES, TAXATION AND FEES, CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES,, OF THE CITY CODE, TO ESTABLISH THE HOURLY PARKING RATE FOR THE LINN STREET LOT AT ~.50/HOUR FOR THE FIRST THREE HOURS AND ~5.00/HOUR FOR EACH ADDITIONAL HOUR, be voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Kubby, seconded by Lehman, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Kubby, seconded by Vanderhoef, that the ordinance amending Title 8, entitled "Police Regulations," Chapter 3, entitled "General Animal Regulations," Sections 1, 3, and 4; and amending Title 8, entitled "Police Regulations," Chapter 4, entitled "Pet Animal Control," Sections 1, 2, 3, 4, 5, 6, 8, 9, 11, and 12 of the City Code to provide new regulations regarding animals, be given first vote for consideration. Moved by Kubby, seconded by Norton, to accept correspondence from Kathryn Lindhorst. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Kubby, seconded by Vanderhoef, to amend the definition of rodeo to read as follows: A contest, exhibition or competition which charges members of the public an admission fee to watch the skill of contestants or entrants in horseridership where lassoing is performed involving cattle, horses, bulls, goats, pigs, or wild bovine and/or where contestants ride wild bulls or wild horses for public entertainment.; and to amend the definition of "veterinarian to read as follows: A person who has received a doctor of veterinary medicine degree or its equivalent from an accredited or approved college of veterinary medicine. A person must be duly licenses by the State of Iowa in order to practice veterinary medicine in this State.; and to amend Section XVIII, Paragraphs C and D (City Code Sections 8-4-12C and 8-4-12D) to provide an appeal to the City Manager if a person is denied a permit or a permit is revoked or suspended (as detailed in Asst. City Atty. Mitchell memo of June 13). The Mayor declared the motion to amend carried, 6/1, with Thornberry voting "Nay." Acting City Atty. Dilkes noted one of the amendments was substantive and suggested giving the ordinance first consideration as amended. Original motion withdrawn. Moved by Kubby, seconded by Vanderhoef, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first consideration be waived and the ordinance be given second consideration at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Kubby, seconded by Vanderhoef, that the ordinance be given second consideration at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Complete Council Activities June 17, 1997 page 7 Moved by Norton, seconded by Lehman, that the ordinance creating a Police Citizen's Review Board to assist the City in processing citizen complaints concerning the Police Department and assuring the Police Department is responsive to community needs, be given second vote for consideration. Moved by Kubby, seconded by Norton, to amend Section 1, Paragraph 2, subparagraph A to read as follows: Investigations into claims of inappropriate conduct by sworn police officers will be conducted in a manner which is fair, thorough, and accurate.; Section 1, Paragraph 2, subparagraph C(4) to read as follows: Issue a final Public Report on each complaint to the City Council which sets forth factual findings and a written conclusion which explains why and the extent to which the complaint is either "sustained" or "not sustained".; Section 1, Paragraph 2, subparagraph G to read as follows: A complaint may be filed by any person with personal knowledge of an incident. Personal knowledge means the complainant was directly involved in the incident or witnessed the incident. If the person with personal knowledge is underage or otherwise unable to complete a complaint form, the complaint may be filed by such person's designated representative. The City Manager, the Police Chief, the City Council, or the Board may file a complaint based upon a reasonable belief that police misconduct has occurred regardless of personal knowledge.; Section 1, Paragraph 2, subparagraph H to read as follows: In order to assure that people feel confident in the complaint process, non-police City staff shall be available at a public location other than the police department to receive complaints, although complaints may also be filed at the police department. Formal mediation shall be available to the complainant(s) and the police officers (2) at any time during the process.; Section 1, Paragraph 2, subparagraph K to read as follows: Investigation of all formal complaints is a mandatory duty of the Police Chief, and a report of each complaint investigation shall be given to the Board. Such reports to the Board shall include the factual findings of the Police Chief as well as a written conclusion explaining why and the extent to which a complaint is either "sustained" or "not sustained." However, such reports shall not include discipline or other personnel matters. If the Police Chief and the City Manager find the police officer's actions constitute misconduct and discipline is imposed by the Police Chief or City Manager, the internal affairs investigation may become a public record to be released by the City Attorney to the extent provided by law.; Section 1, Paragraph 2, subparagraph N to read as follows: The Board shall have oversight authority to review police practices, procedures, and written policies as those practices and procedures relate to the Police Department's performance as a whole and shall report same to the City Council, including any recommended changes.; Section 1, Paragraph 3, subparagraph B to read as follows: Any person with "personal knowledge" of the alleged police misconduct may file a complaint with the Board or with the Iowa City Police Department. In order to have "personal knowledge," the complainant must have been directly involved in the incident or witnessed the incident. If the person with personal knowledge is underage or otherwise unable to complete a complaint form, the complaint may be filed by such person's designated representative. The City Manager, the Police Chief, the City Council or the Board itself may file a complaint based on a reasonable belief that police misconduct has occurred regardless of personal knowledge. The person or Complete Council Activities June 17, 1997 page 8 official filing the complaint may hereafter be referred to as the "complainant."; Section 1, Paragraph 3, subparagraph C to read as follows: All complaints filed with the Board or the Iowa City Police Department shall be in writing and on forms provided by the Board. Complaint forms shall be available to the public, in easily accessible locations, and non-police staff shall be available to receive the complaint forms. Assistance may be available to complete the form as designated by the Board.; Section 1, Paragraph 3, subparagraph D to read as follows: All complaints must be filed with either the Board or the Iowa City Police Department within sixty (60) days of the alleged misconduct.; Section 1, Paragraph 3, subparagraph E to read as follows: Only those complaints which do not involve the conduct of an Iowa City sworn police officer or are not filed within sixty (60) days of the alleged misconduct may be subject to summary dismissal by the board.; Section 1, Paragraph 3 by deleting subparagraph F. [*Note: A provision regarding adoption of procedural rules and by-laws is already set out in Paragraph 7(C)(4).*].; Section 1, Paragraph 4 to read as follows.: "Formal Mediation."; Section 1, Paragraph 4, subparagraph A to read as follows: Formal mediation shall be the responsibility of the Board, and shall be available to the complainant(s) and police officer(s) at any stage of the process upon consent of all involved parties and as provided by the Board. Upon the filing of a complaint, all complainants shall be informed that formal mediation is available. A complainant may also meet informally with the police officer and the watch commander of the police officer if the complainant wishes to do so.; Section 1, Paragraph 5, subparagraph B(1) to read as follows: Prior to investigation of any complaint, the Police Chief shall first give Garritv and Gardner advice to all police officers implicated in the complaint, as required by constitutional law. This means the officer cannot be required to waive the officer's constitutional right against self-incrimination. However, the officer may be required to answer questions during the investigation as a condition of the officer's employment, but any admissions made by the officer cannot be used against the officer in a criminal proceeding.; Section 1, Paragraph 5, subparagraph B(2) to read as follows: Notify the complainant and the police officer who is the subject of the complaint that formal mediation is available at any time during the police department's investigation and the Board's review. The Police Chief may also notify the complainant that the complainant may meet informally with the police officer and the watch commander of the police officer if the complainant wishes to do so.; Section 1, Paragraph 5, subparagraph B(4) to read as follows: The complainant shall be interviewed by the Police Department and shall be entitled to have a neutral City Staff person or some other person chosen by the complainant present during the interview. The police officer is entitled to have a union steward present during any interviews.; Section 1, Paragraph 6, subparagraph B(3) to read as follows: Recommended remedial actions, if any, including amending current policies or adopting new policies.; Section 1, Paragraph 6 by inserting a new subparagraph as subparagraph C to read as follows: The Police Chief's Report to the Board shall not include discipline or personnel matters.; The remaining subparagraphs in Section 1, Paragraph 7 shall be re-lettered accordingly.; Section 1, Paragraph 7, subparagraph B(2) to read as follows: The Board shall apply a "reasonable basis" standard of review when reviewing the Police Chief's or City Complete Council Activities June 17, 1997 page 9 Manager's Report. This requires the Board to give deference to the Police Chief's or City Manager's Report because of the Police Chief's and City Manager's respective professional expertise. The Board may recommend that the Police Chief or City Manager reverse or modify their findings only if: a) the findings are unsupported by substantial evidence; b) the findings are unreasonable, arbitrary or capricious; or c) the findings are contrary to a police department policy or practice, or any federal, state, or local law. When collecting and reviewing additional evidence, the Board shall rely on evidence which reasonably prudent persons are accustomed to rely upon in the conduct of their serious affairs.; Section 1, Paragraph 7, subparagraph B(3) to read as follows: At the conclusion of the Board's review, the Board shall issue a Public Report to the City Council concerning the complaint investigation. Such Public Report shall include detailed findings of fact concerning the complaint, together with a clearly articulated conclusion which explains why and the extend to which the complaint is "sustained" or "not sustained." This Public Report shall not include the names of the complainant or the police officers unless the complaint is sustained. In addition, this Public Report shall not include any discipline or personnel matters, although the Board may comment generally as to whether the Board believes discipline is appropriate without commenting on the extent or form of the discipline. A copy of this Public Report to the City Council shall be given to the complainant, the police officer the Police Chief and the City Manager.; Section 1, Paragraph 7, subparagraph B(4) to read as follows: The Board shall not issue a Report which is critical of the sworn police officer's conduct until after a "name-clearing hearing" has been held, consistent with constitutional due process law. The Board shall give notice of such hearing to both the police officer and the complainant so that they may testify before the Board and present additional relevant evidence. The Board shall be responsible for protection of all state and federal rights enjoyed by both the officer and the complainant. The officer may waive the right to this hearing upon written waiver submitted to the Board.; Section 1, Paragraph 7, subparagraph B(6) to read as follows: The Board's Report to the City Council shall be completed within thirty (30) calendar days of receipt of the Chief's or City Manager's Report. The City Council may grant requests for extensions to this deadline upon good cause shown.; Section 1, Paragraph 7, by deleting subparagraph B98) and re-numbering the remaining subparagraphs of Paragraph 7 accordingly. [*Note: Paragraph 7, subparagraph B(8) unnecessarily duplicates Paragraph 7, subparagraph B(3).*]; Section 1, Paragraph 7, subparagraph C(2) to read as follows: Collect data and do an annual report to the City Council which shall be public and shall set forth the general types and numbers of complaints, disposition of the complaints, the discipline which was imposed, if any, and demographic information. This annual report shall not include the names of the complainants or officers involved in complaints which were not sustained and shall otherwise be in a form which protects the confidentiality of the parties while providing the public with information on the overall performance of the Police Department. The Board's annual report may also include recommended changes in police practices, policies or procedures.; Section 1, Paragraph 7, subparagraph C(Z~) to read as follows: The Board shall adopt procedural rules and by-laws governing the Board's activities, Complete Council Activities June 17, 1997 page 10 including the receipt and processing of complaints, and such procedural rules and by-laws shall be approved by the City Council.; Section 1, Paragraph 8, subparagraph A(1) to read follows: The Board shall consist of five (5) members appointed by the City Council, who shall be Iowa City residents at least eighteen (18) years of age and shall serve without compensation. The City Council shall strive to appoint members who represent the diversity of the community. Appointments to the Board shall include one current or former "peace officer" as that term is defined by state law. The City Council reserves the right to waive the residency requirement for good cause shown.; Section 1, Paragraph 8, subparagraph A(2) to read as follows: Following final adoption and publication of this ordinance, the City Council shall appoint members to the Board for staggered terms. All appointments shall be for a four (4) year term, except for the initial appointments which shall be as follows: One (1) person appointed for a two (2)-year term Two (2) persons appointed for a three (3)-year term Two (2) persons appointed for a four (4)-year term; Section 1, Paragraph 8, subparagraph B(1) to read as follows: On its own motion, by a simple majority vote of all members of the Board, the Board may file a complaint.; Section 1, Paragraph 9, subparagraph C to read as follows: Notwithstanding the above provisions, no Board member shall be liable to any person for damages or equitable relief by reason of any investigation or recommendation or report made by either a Board member or by the Board itself. (All amendments as contained in Asst. City Arty. Mitchell memo of June 17). The Mayor declared the motion to amend carried, 6/1, with Vanderhoef voting "Nay." The Mayor declared the motion on second consideration of the amended ordinance carried, 6/1, with the following division of roll call vote: Ayes: Lehman, Norton, Novick, Thornberry, Baker, Kubby. Nays: Vanderhoef. Absent: None. Moved by Norton, seconded by Thornberry, to defer to July 15, 1997, a. resolution approving the design of the Iowa City Transit Interchange Facility. The Mayor declared the motion carried, 5/2, with Baker and Lehman voting "Nay." Moved by Norton, seconded by Lehman, to adopt RES. 97-209, Bk. 117, p. 209, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE WILLOW STREET RECONSTRUCTION PROJECT to Metro Pavers for $388,163.50. City Engr. Fosse present for discussion. Affirmative roll call unanimous, 6/0, Vanderhoef absent. The Mayor declared the resolution adopted. Moved by Kubby, seconded by Lehman, to adopt RES. 97-210, Bk. 117, p..~~ 210, ACCEPTING THE WORK FOR THE 1997 ASPHALT RESURFACING PROJECT AND APPROVING THE SUPPLEMENTAL CONTRACT FOR REMAINING WORK ON THE PROJECT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Lehman, seconded by Norton, to adopt RES. 97-211, Bk. 117, p. 211, APPROVING A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF CORALVILLE, THE CITY OF IOWA CITY AND JOHNSON COUNTY REGARDING PRESERVATION OF THE CORRIDOR FOR THE EXTENSION OF OAKDALE BOULEVARD BETWEEN FIRST AVENUE CORALVILLE AND COUNTY ROAD W66. Complete Council Activities June 17, 1997 page 11 Individual Council Members expressed their views. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Thornberry, Baker, Kubby, Lehman, Norton, Novick. Nays: Vanderhoef. Absent: None. Moved by Kubby, seconded by Vanderhoef, to adopt RES. 97-212, Bk. 11 7, p. 212, AUTHORIZING THE EXECUTION OF A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF CORALVILLE FOR THE DEVELOPMENT, USE, OCCUPANCY, MANAGEMENT AND OPERATION OF A JOINT ANIMAL CONTROL FACILITY. Animal Shelter Supv. Goodman-Herbst and Finance Director Yucuis present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Thornberry, seconded by Vanderhoef, to adopt RES. 97-213, Sk. 117, p. 213, AUTHORIZING AGREEMENT BETWEL-'N THE CITY OF IOWA CITY AND THE POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY TO BE EFFECTIVE JULY 1, 1997, THROUGH JUNE 30, 2000. Affirmative roll call vote unanimous, 7/0, all Council Member present. The Mayor declared the resolution adopted. Moved by Norton, seconded by Kubby, to adopt RES. 97-214, Bk. 117, p. 214, INTENT TO CALL A SPECIAL ELECTION no later than November 3, 1998, on the cultural center and library expansion. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Kubby, Lehman, Norton, Novick, Vanderhoef, Baker. Nays: Thornberry. Absent: None. Moved by Lehman, seconded by Norton, to adopt RES. 97-21 5, Bk. 117, p. 215, AMENDING THE BUDGETED POSITIONS IN THE PARKING SYSTEMS DIVISION OF THE PARKING AND TRANSIT DEPARTMENT BY ADDING FOUR PART-TIME CASHIER POSITIONS (for Linn St. parking lot). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Lehman, to appoint Mark Anderson, 202 Linden Ct., to the Design Review Comm. for a Licensed Architect or Business/Property Owner from the Central Business District or Near Southside Neighborhood to fill an unexpired term ending July 1, 1998. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Council Member Norton noted the speed humps on Teg Drive seem to be. working efficiently. Norton commended on the ArtsFest held in Downtown Iowa City June 12-15. In response to Norton, Acting City Atty. Dilkes reported that Airport Commissioners have contacted Mr. Goree (Consent Calendar item) regarding airport noise. Council Member Kubby raised concerns regarding the need for an independent emergency response team. Kubby voiced her support of the Iowa City Human Rights Commission advocating to the State Civil Rights Commission individual protection on the basis of sexual orientation. Mayor Novick indicated she would be sending a letter of Council support. Kubby noted the 50th,~c~,~ anniversary of the Summit Apartment Coop and the 20th anniversary of New Pioneer Coop. In response to Kubby, Council discussed the SEATS negotiating process. Kubby noted the 75th anniversary of the election of Emma Harvat as Complete Council Activities June 17, 1997 page 12 Mayor of Iowa City marking the first female Mayor in the state and in the United States. Council Member Thornberry recognized Council Member Norton's upcoming 75th birthday on July 2, and Council Member Baker's 50th birthday on June 28. Council Member Vanderhoef presented a pink flamingo to Council Member Baker in recognition of his birthday and publication of his new book. Thornberry stated his wish that laws did not have to be passed to protect anyone and that excellence in performance is the protected class. Council Member Baker thanked Council for their birthday wishes, and acknowledged the 25th anniversary of Watergate and the 30th birthday of his son,, Tim. In response to Baker, the City Manager will follow up with New Pioneer on parking issues and parking lot signage. Mayor Novick presented a birthday card to Council Member Norton. Council Member Kubby announced the birth of Molly Shepherd on June 17. Moved by Lehman, seconded by Thornberry, to defer to June 18, 1997, a motion to adjourn to executive session to evaluate the professional competency of an individual whose appointment, hiring, performance, or discharge is being considered when necessary to prevent needless and irreparable injury to that individual's reputation and that individual requests a closed session. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Thornberry, seconded by Lehman, to adjourn 9:50 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. 7 Naomi J. Novick, Mayor Marian K. Karr, City Clerk CITY OF I0 WA CITY CITY COUNCIL INFORMATION PACKET June 6, 1997 IP1 IP2 IP3 IP4 IP5 IP6 IP7 IP8 IP9 Memorandum from City Manager: Stop Violence Against Women Grant Memorandum from City Clerk: Meeting Schedule for June, July, and August (Revision #11) Letter from Director of Planning to Pam Ehrhardt: Elder Housing May 1997 Building Permit Information Release New Horizons' Band Performance Release Park Road Bridge Repair Agenda: June 5 Johnson County Board of Supervisors Formal Meeting Agenda: June 10 Johnson County Board of Supervisors Formal Meeting Election Information Information Packet June 10, 1997 page 1 Memo from Mayor regarding City Finances Discussion. Memo from City Manager regarding General Fund reductions, Policy Review. Memo from City Manager regarding New Services - Policy Review. Memo from City Manager regarding City Comprehensive Plans - City Council Vision. c~~ Memo from City Manager regarding General Obligation Bond - Aaa Credit Rating., Memo from City Manager regarding Community Growth/Financial Overview. Memo from Finance Director regarding existing General Obligation Debt without any future Bond Issues added. CITY OF 10 WA CITY CITY COUNCIL INFORMATION June 13, 1997 PACKET I ............ JUNE 16 WORK SESSION IP1 Downtown Iowa City Public Library/Cultural Center Proposed Bond Referendum IP2 Memorandum from City Manager: PCRB IP3 Memorandum from Assistant City Attorney Mitchell: Updated Version of PCRB Ordinance IP4 Memorandum from Police Chief to City Manager: Cops More '96 Grant IP5 Memorandum from Police Chief to City Manager: Task Force Grant IP6 Memorandum from IP7 Memorandum from IP8 Memorandum from IP9 Memorandum from IP10 Memorandum from IP11 Memorandum from IP12 Memorandum from IP13 Memorandum from IP14 Memorandum IP15 Letter to PCD IP16 Memorandum IP17 Memorandum IP18 IP19 IP20 IP21 IP22 IP23 IP24 IP25 IP26 MISCELLANEOUS ITEMS City Manager: City Manager: City Manager: Asphalt Overlay Projects . Iowa River Corridor Trail Computer Lease/Purchase Plan for Permanent Employees City Manager: Pending Development Issues City Manager: Well Head Investigation Program City Manager: Public Arts - Policy Discussion City Clerk: June 2 Council Work Session City Clerk: June 3 Council Work Session from Assistant City Attorney Mitchell: Animal Control Ordinance Director from Mary Hitchcock: Benton - Miller Avenue from City Fngineer to City Manager: Ted Drive Speed Humps from Director of Parking and Transit to City Manager: Transit Route Study Monthly Report on Activities Memorandum from Police Chief to City Manager: TIPS Iowa City Police Use of Force - May 1997 Memorandum from Police Officer Berg to Police Capt. Widmer: May 1997 Letter to Press Citizen Editor from Jean Mann: Senior Center Letter from E. Anne Bolen to Finance Secretary: Bus Driver Letter from Rochelle Prunty (New Pioneer Coop) to Parking Systems Manager: Parking Lot Letter from Mayor to Mayor of Hills: Annexation Letter to Mayor from American Cancer Society: Tobacco Legislation Article: HUD Sucker Proxy [Norton] Civic Center_ June 13, i997 Information Packet (continued) 2 IP27 IP28 IP29 IP30 ~P31 IP32 IP33 IP34 IP35 IP36 IP37 Article: Good Design Creates Another Palm Beach Story [Norton] Minutes: June 2 Iowa CitylCoralville Deer Management Committee Meeting Summit Apartment Cooperation Turns 50 Release: New Horizons Band Release: First Avenue Paving and Storm Sewer Improvements Project Release: Park Road Bridge Repair Agenda: Johnson County Board of Supervisors June 9, t997, Informal Meeting Agenda: Johnson County Board of Supervisors June 10, 1997, Informal Meeting Agenda: Johnson County Board of Supervisors June 11, 1997, Informal Meeting Agenda: Johnson County Board of Supervisors June 12, 1997, Formal Meeting Agenda: Memo from Asst. City Arty. regarding 1st Ave. Paving & Sewer acquisition update. Agenda for the 6/18 Worksession of the Board of Supervisors. Information regarding City Attorney recruitment. Articles"Skateboarders discover an ally in Parker Group; "Boulder may ban Agenda for 6/19/97 mtg~;.of the Board of Supervisors. Information regarding Machinery & Equipment Valuation Phase Out - Senate File 69, 1995 Legislative Session. Johnson County Board of Supervisors June 12, 1997, Formal Meeting (Amended)z,~.~/? .- Project; Land ~,~./~ -_ 1 oi teri ng"~,.~Z, O,'q _