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HomeMy WebLinkAbout2004-11-02 Resolution Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 04-296 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 748 DEARBORN STREET, IOWA CITY, IOWA. WHEREAS, on July 16, 2002, the owner executed a Mortgage for Housing Rehabilitation; and WHEREAS, the loan has been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 748 Dearborn Street, Iowa City, Iowa from a Mortgage recorded July 19, 2002, Book 3339, Page 459 through Page 463 of the Johnson County Recorder's Office. Passed and approved this 2nd day of~, 20 04 · Approved by CiTY~LERK City Attorney's Office It was moved by Champion and seconded by 0'Donne] ] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn ppdrehab/res/748 Dearborn-rel.doc Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 748 Dearborn Street, Iowa City, Iowa (The Mortgage incorrectly lists the local address as 748 Rundell Street.) and legally described as follows: Lot 10 in Block 12, in Rundell Johnson County, Iowa, according to the recorded plat thereof from an obligation of the owner to the City of Iowa City represented by a Mortgage recorded July 19, 2002, Book 3339, Page 459 through Page 463 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby rel, earsed from any liens or clo24ds upon title to the above property by reason C~~~' ~~ of said prior recor cume . CITY"CLERK City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~, day of ~,~ ~ ~' , A.D. 20 c~ ~ , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Madan K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. oz) -o?~ , adopted by the City Council on the ~1. day /~, , 20 o'~- and that the said Ernest W. Lehman and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Ppdrehab/748 Dearborn-reLdoc Notary Public in and for Johnson County, Iowa I,. I SONDRAE FORT I ~o',~ ~lCommiss, on Number 159791 '.,~.~'1 My Commission Expires .. ~o"T~X- I 7~- ?-o~, I , , , i 3d(2 Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 04-297 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 28 WEST PARK ROAD, IOWA CITY, IOWA. WHEREAS, on July 19, 2002, the owner executed a Mortgage for Housing Rehabilitation; and WHEREAS, the loan has been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 28 West Park Road, Iowa City, Iowa from a Mortgage recorded July 25, 2002, Book 3343, Page 127 through Page 131 of the Johnson County Recorder's Office. Passed and approved this 2nd dayof Nov,~mber ,20 04 . Approved by ClTY'~LERK City Attorney's Office It was moved by Champion and seconded by 0'Donne] ] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn ppdrehab/res/28W Park Rd-rel.doc Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 28 West Park Road, Iowa City, Iowa, and legally described as follows: Lot 5 in Block A in Black's Park Addition to Iowa City, Iowa, according to the recorded plat thereof from an obligation of the owner, Michael R. Edwards and Trudie L. Davis, to the City of Iowa City represented by a Mortgage recorded July 25, 2002, Book 3343, Page 127 through Page 131 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded~)~ment. Approved by AI-rEST:c City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ol. day of /'~,~¢~,~1~ , A.D. 20 o z~ , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. o~.-~7 , adopted by the City Council on the ~2 day /~v,. 20 O~ and that the said Ernest W. Lehman and Marian K. Kart as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Ppdrehab/28W Park Rd-fei.doc Notary Public in and for Johnson County, Iowa [i,.~y~,~ j SONDRAE FORT I~°'g~lCommission Number 1597911 r.,)~'I My Commission Expires I Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 04-298 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A HOME AGREEMENT FOR THE PROPERTY LOCATED AT LOTS 14, '15, '17, '18 EAST HILL SUBDIVISION AND LOTS 82, 83, 94, 95, 162, 163 WHISPERING MEADOWS SUBDIVISION PART TWO, IOWA CITY, IOWA. WHEREAS, on August 27, 2002, the owner executed an Agreement between the City of Iowa City and Prairie Garden IHA Limited Partnership for HOME Investment Partnership (HOME) Funds; and WHEREAS, attached to said Agreement as an exhibit is a Mortgage securing the provisions of said Agreement; and WHEREAS, the loan has been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at Lots 14, 15, 17, 18 East Hill Subdivision and Lots 82, 83, 94, 95, 162, 163 Whispering Meadows Subdivision Part Two, Iowa City, Iowa from an Agreement and Mortgage recorded January 22, 2003, Book 3464, Page 1079 through Page 1097 of the Johnson County Recorder's Office. Passed and approved this 2nd day of November ., 20 04 Approved by CITY CLERK City Attorney's Office It was moved by Champion and seconded by 0'Donne11 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn ppdrehab/ces/east hil[wvhisp.doc Prepared by: Liz Osborne, CD Division, 410 E. Washington St., iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at Lots 14, 15, 17, 18 East Hill Subdivision and Lots 82, 83, 94, 95, 162, 163 Whispering Meadows Subdivision Part Two, Iowa City, Iowa, and legally described as follows: Lots 14, 15, 17, 18, East Hill Subdivision, Iowa City, Iowa, according to the plat thereof recorded in Book 36, Page 9, Plat Records of Johnson County, Iowa, subject to easements or record. Lots 82, 83, 94, 95, 162, and 163, Whispering Meadows Subdivision Part Two, Iowa City, Iowa, according to the plat thereof recorded in Book 34, Page 99, Plat Records of Johnson County, Iowa. from an obligation of the owner, Prairie Garden IHA Limited Partnership, to the City of Iowa City represented by a Mortgage recorded January 22, 2003, Book 3464, Page 1079 through Page 1097 of the Johnson County Recorder's Office as well as any lien created by the Agreement between the City of Iowa City and Prairie Garden IHA Limited Partnership dated August 27, 2002, recorded January 22, 2003, Book 3464, Page 1079 through Page 1097 to which said Mortgage is an exhibit. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded/deslument. Approved by CITY-CLERK City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this c=~ day of ~ ~q F._t~/'~ , A.D. 20 o'~ , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Marian K. Kerr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No.OZ~-~, adopted by the City Council on the ~ day ,20 o ~ and that the said Ernest W. I~ehman and Marian K. Kerr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ppdre~ab~ .r.~ Notary Public in and for Johnson County, Iowa I ,e'e~,~. I SONDRAE FORT I ~o ~i~ ~-I Commission Number 1597911 '~'1 My Commission Expires I ~o-W~l ~-7.- c/~ I Prepared by: Stephen Long, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 04-?99 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE PARTIAL RELEASE OF REAL ESTATE MORTGAGE FOR THE PROPERTY LOCATED AT 1410 SOUTH FIRST AVENUE, IOWA CITY, IOWA. WHEREAS, on August 15, 2000, the owner executed the Agreement between the City of Iowa City and Greater Iowa City Housing Fellowship for the Use Community Development Block Grant Funds, which is secured by a mortgage, that provided a grant from the City in the amount of $34,500; and WHEREAS, Goodwill Industries of Southeast Iowa intends to sell a .24 acre parcel of a parking lot; and WHEREAS, there is sufficient value in the remaining property to secure the City's lien; and WHEREAS, it is in the City of Iowa City's interest to partially release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Partial Release of Real Estate Mortgage for recordation, whereby the City does release property located at 1410 South First Avenue, Iowa City, Iowa from the mortgage dated August 15, 2000, and recorded on May 1, 2003 in Book 3534, Page 818, as well as any lien created by the Agreement between the City of Iowa City and Goodwill Industries of Southeast Iowa for the Use of Community Development Block Grant funds, to which said mortgage is an exhibit, recorded May 1, 2003, Book 3534, Page 802-823 of the Johnson County Recorder's Office. Passed and approved this 2nd day of r, lovember ,20 04 · Approved by C}TSkGLERK City Attorney's Office ppdrehab/res/1410 S 1''t ave part-reLdoc Resolution No. 04-299 Page 2 It was moved by Champion and seconded by 0'Donne11 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X EIliott X Lehman X . O'Donnell X Vanderhoef X Wilburn Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 PARTIAL RELEASE OF REAL ESTATE MORTGAGE The undersigned, the present owner of the mortgage hereinafter described, for valuable consideration, receipt of which is hereby acknowledged, does hereby acknowledge that the following described real estate situated in Johnson County, Iowa, to wit: That portion of the southwest quarter of the southwest quarter of Section 13, Township 79 North, Range 6 West of the 5th P.M. that is described as Auditor's Parcel 98058 on Plat of Survey recorded in Book 48, Page 81, Plat Records of Johnson County. is hereby released from the lien of the real estate mortgage, executed by Goodwill Industries of Southeast Iowa, dated August 15, 2000, and recorded in the records of the Office of the Recorder of Johnson County, State of Iowa, in Book 3534, Page 818, as well as any lien created by the Agreement between the City of Iowa City and Goodwill Industries of Southeast Iowa for the use of Community Development Block Grant funds dated August 15, 2000, and recorded in the records of the Office of the Recorder of Johnson County, State of Iowa, in Book 3534, Page 802, to which said mortgage is an exhibit, specifically reserving and retaining the mortgage lien and all mortgage rights against all of the remaining property embraced in the mortgage above described. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural, and as masculine, feminine or neuter gender, according to the context. Dated this ~ day of K~,~,, ,2004. CITY OF/I.~A CITY, //) A Mu~ol'p~orpo~tion _~// M'~ian K. Karr, City Clerk STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~ day of /~.~:r~.,~- , A.D. 20 c,~ , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. ~-~3~? , adopted by the City Council on the ~ day of ~ ~,:~'~ b~,' ,20 o ~- and that the said Ernest W. Lehman and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for Johnson County, Iowa S ue/gwilFC D B G-release.doc Prepared by: Kim Johnson, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 04-300 RESOLUTION ACCEPTING THE WORK FOR THE CIVIC CENTER NORTH TRANE HVAC PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Civic Center North Trane HVAC Project, as included in a contract between the City of Iowa City and Climate Engineers, Inc. of Cedar Rapids, Iowa, dated August 15, 2003, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond has been filed in the City Clerk's office; and WHEREAS, the final contract price is $50,173.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 2nd dayof November ., 20 04 Approved by CiTY'CLERK (~ity ~,ttorney's Office It was moved by Champion and seconded by 0'Donne11 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn pweng/res/cctrhvac, doc 10~04 Prepared by: Ross Spitz, Civil Engineer, 410 E, Washington St., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. 04-30]. RESOLUTION ACCEPTING THE'WORK FOR THE 2004 PCC PAVEMENT REHABILITATION PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 2004 PCC Pavement Rehabilitation Project, as included in a contract between the City of Iowa City and All American Concrete, Inc. of West Liberty, Iowa, dated June 1, 2004, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond has been filed in the City Clerk's office; and WHEREAS, the final contract price is $97,160.35. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this ?nd day of November' .20 04- · Approved by CITY'0LERK C~'ty A'ttorney's Of~ce It was moved by Champion and seconded by 0'Donne] ] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn pwenCres~acptwrk-pcc pavemt.doc Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 04-302 RESOLUTION ACCEPTING WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, TILE LINE, AND PAVING PUBLIC IMPROVEMENTS FOR VILLAGE GREEN - PART XlX, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, storm sewer, tile line, and water main improvements for Village Green, Part XIX, as constructed by Bockenstedt Excavating, Inc. of Iowa City, Iowa. Paving improvements for Village Green, Part XIX, as constructed by Streb Construction Co., Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City clerk's office; and WHEREAS, traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 2nd day of November ., 20 04 ATTEST: CITY'CLERK (~ity Attorney's Office It was moved by Champion and seconded by 0'Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn pweng/res/village green xix.doc CI1¥ OF lO,V^ CI1¥ 410 last Washington Street Iowa City, Iowa 52240-1826 {319) 356-5000 (319) 356-5009 [AX w~¥w.icgov.org ENGINEER'S REPORT October 25, 2004 Honorable Mayor and City Council Iowa City, Iowa Re: Village Green - Part XIX Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, water main, tile line, and paving public improvements for Village Green - Part XIX has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's office for the sanitary sewer, storm sewer, tile line, and water main improvements constructed by Bockenstedt Excavating, Inc. of Iowa City, Iowa, and for the paving improvements constructed by Streb Construction Co., Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer pweng\letters\village gr xix.doc Prepared by: Denny Cannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 04-303 RESOLUTION ACCEPTING WORK FOR THE CONCRETE TRAIL FOR WINDSOR RIDGE - PART TWELVE, AND DECLARING THE TRAIL OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the concrete trail for Windsor Ridge - Part Twelve has been completed in accordance with the plans and specifications of the City of Iowa City: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT the construction of said trail is hereby accepted by the City of Iowa City, Iowa, as having been constructed in substantial compliance with the plans and specifications on file in Public Works, and said improvement is hereby declared open for public access and use. Passed and approved this 2nd day of November ,20 04 . Approved by ATTEST:'~'~'~"~'~"~'~CI'DY"CLERK ~ /~-~- x~l ~ '~A~ / ~/~'"/ ~/c~'7~ It was moved by Champion and seconded by 0' Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion × Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn pweng/res/w~ndsor trail.doc I } i ' CITY OF IOWA CITY 4]0 East Washington Street Iowa City. Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.ic,gov.org ENGINEER'S REPORT October 25, 2004 Honorable Mayor and City Council Iowa City, Iowa Re: Windsor Ridge - Part Twelve Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the concrete trail for Windsor Ridge - Part Twelve has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer pweng\letters\windsor traiLdoc Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5247 (SUB04-00023) RESOLUTION NO. 04-304 RESOLUTION APPROVING THE PRELIMINARY PLAT OF J JR DAVIS SECOND AND THIRD ADDITIONS, IOWA CITY, IOWA. WHEREAS, the owners, James R. Davis on behalf of James R. Davis, Robert A. Davis, Jan E. Smith, Harold John Dane and AIlegra G. Dane, filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of J JR Davis Second and' Third Additions; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat, subject to funds being escrowed for future reconstruction of the west half of Dane Road adjacent to Lots 4 and 8; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The preliminary plat of J JR Davis Second and Third Additions, Iowa City, Iowa, is hereby approved, subject to funds being escrowed for future reconstruction of the west half of Dane Road adjacent to Lots 4 and 8. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this 2nd day of ~n~ , , 20~~y__....,. ATTEST: "'~ ,¢I'~¢.~.-*,-.-~ CITY ~EERK It was moved by 6hampi on and seconded by 0 ' Donne11 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman ~; O'Donnell X Vanderhoef X Wilburn ppdadmin~res~jr davis 2nd & 3rd.doc STAFF REPORT To: Planning & Zoning Commission Prepared by: Tokey Boswell, Planning Intern Item: REZ04-00022, 611 Hollywood Blvd. Date: September 15, 2004 GENERAL INFORMATION: Applicant: City of Iowa City Contact Person: Bob Miklo Phone: 356-5240 Requested Action: Rezoning from I-1, General Industrial Zone to CC-2, Community Commercial Zone Purpose: To eliminate a spot zone and harmonize permitted uses with neighboring properties. Location: 611 Hollywood Blvd. Size: 14,254 square feet (.33 acre) Existing Land Use and Zoning: Warehouse, I-1 Surrounding Land Use and Zoning: North: VFW Hall and Mexican Restaurant, CC-2 South: Rental company storage lot, C1-1 East: Orscheln Farm & Home Supply, CC-2 West: Truck rental business and storage, C1-1 Comprehensive Plan: This property is part of the South Planning District, and is at the transition of general commercial and intensive commercial zones on the South District Plan 2002 land-use map. File Date: September 13, 2004 BACKGROUND INFORMATION: Prior to 1983, many of the parcels in this area were zoned M1, Light Industrial zone. In 1983, a community-wide rezoning effort labeled surrounding properties as C1-1, Intensive Commercial, and CC-2, Community Commercial zones. This parcel, which apparently housed a potato chip factory, was zoned I-1 due to the industrial use present at that time. It has recently come to the City's attention that this is the only I-1 parcel in the area, and that rezoning the property would eliminate a zoning "island". It is for this reason that the City is initiating the rezoning request. ANALYSIS: Spot Zoning: Rezoning this property will eliminate what is potentially an existing "spot zone" in the community. Spot zoning occurs when a small area of land in an existing neighborhood is singled out and placed in a different zone from that of neighboring property. This problem typically arises when a small parcel of property held by a single owner is permitted land uses not available to the adjacent properties. Those indicators are met in this circumstance, and there do not appear to be any physical characteristics that would necessitate a zoning pattern different from that of neighboring properties. Staff feels that this rezoning would eliminate an island, which is a warning flag for spot zoning. There is a tier of properties south of Highway 6, east of Gilbert Street, and west of Keokuk Street that is zoned entirely for commercial uses, with the exception of this parcel in the middle of that area. The General Industrial Zone (I-1) was intended to provide for the development of most types of industrial firms that may have been present in the past. That designation no longer seems appropriate for this area, given the current use of this and surrounding parcels, and the zoning pattern in the area. There are two options for rezoning this property that would not result in another spot zone: C1-1 or CC-2. The Comprehensive Plan and the South District Plan indicate this parcel as a commercial area, without more specific guidance. The Intensive Commercial Zone (Cl-1) is intended to provide areas for those sales and service functions and businesses whose operations are typically characterized by outdoor display, storage and/or sale of merchandise, by repair of motor vehicles, by outdoor commercial amusement and recreational activities or by activities or operations conducted in buildings or structures not completely enclosed. This is the predominant zoning for property to the west and south of 611 Hollywood Blvd. The Community Commercial Zone (CC-2) predominates in the areas east and north of this property. It is intended to provide for major business districts to serve a significant segment of the total community population. In addition to a variety of retail goods and services, these centers may typically feature a number of large traffic generators. While these centers are usually characterized by indoor operations, certain permitted uses may have limited outdoor activities. The parcel in question does not have direct frontage on Hollywood Blvd. There is a shared driveway for this lot and the property to the north, coming off Hollywood. The two parcels a visitor would have to pass between in order to access the site (the VFW/Mexican restaurant and Orscheln's) are both zoned CC-2, as are the other parcels a visitor would pass as he approached on Hollywood. There is a clear separation between this parcel and the C1-1 use to the south, in the form of a chain-link fence that encloses the contractor yard there. No other Cl-1 uses are visible from this property. Therefore, while this property could house intensive commercial uses, Staff feels that the CC-2 zoning is more appropriate. STAFF RECOMMENDATION: Staff recommends that REZ04-00022, a rezoning of approximately .33 acres located at 611 (615) Hollywood Blvd. from I-1, General Industrial, to CC-2, Community Commercial, be approved. Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development S:\lntems\UrbanPlanning\ln Progress\REZ04-00022, 611Hollywood.doc PUBLIC WORKS coTto~ ~ ~ ~,~,s,~ 011 CC2 44 RFBH 12 I1 ID-RM SITE LOCATION: 611 Hollywood Blvd. REZ04-O0022. AND OFFICE FURNITURE 816 South Gilbert ',, Iowa City, IA 52240 * Phone (319) 351-7929 · Fax (319) 351-8377 October 28, 2004 City of Iowa City c/o City Council 410 E. Washington Street Iowa City, IA 52240 To: Whom It May Concern Hello, my name is Vern Steve and I have a request. Currently there is a zoning change being proposed regarding my property located at 611 Highway 6 East. It is a warehouse building that is currently zoned I-1 (Industrial). The Planning & Zoning Department, at my request, has recommended a change in the zoning of this property. The recommendation, as I understand it, would be to change from the current I-1 to CC-2. It is my wish to have this property zoned CI-1 and at this time would like to ask the City Council to delay the vote on this re-zoning indefinitely. Th?you for your consideration, Veto Steve 11-02-04 Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5247 (SUB04-00023) RESOLUTION NO. k.~E~ESOLUTION APPROVING THE PRELIMINARY PLAT J JR DAVIS COND AND THIRD ADDITIONS, IOWA CITY, IOWA. WHEREAS'h~the owners, James R. Davis on behalf of James Robert A. Davis, Jan E. Smith, HarolckJohn Dane and Allegra G. Dane, filed with th Clerk of Iowa City, Iowa, an application for alst~roval of the preliminary plat of J JR Davis and Third Additions; and WHEREAS, the of Planning and Comm~ Development and the Public Works Department ~e preliminary plat and recomr approval; and WHEREAS, the ~nd Zoning the preliminary plat and, after due deliberation, and of the plat; and WHEREAS, the preliminary conforms all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RE: BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The preliminary plat of J JR and Third Additions, Iowa City, Iowa, is hereby approved. 2. The Mayor and City Clerk of City of City, Iowa are hereby authorized and directed to certify this resolution, which be affixed the plat after passage and approval by law. Passed and approved this __ day of__ ,20__ MAYOR )roved by ATTEST: CITY CLERI It was moved and seconded by ,, the Resolution be adopted, and upo were: NAYS: ABSENT: ~. Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn ppdadmin\res~r davis 2nd & 3rd.doc STAFF REPORT To: Planning & Zoning Commission Prepared by: John Yapp Item: SUB04-00023 J JR Davis Second Date: October 21, 2004 And Third Addition GENERAL INFORMATION: Applicant: James R. Davis, Robert A Davis Jan Ellen Smith, c/o James R. Davis 4097 Kitty Lee Road Iowa City, IA 52240 Phone: 338-5327 Applicant's Engineer: MMS Consultants 1917 S. Gilbert Street Iowa City, iA 52240 Phone: 351-8282 Applicant's Attorney: Thomas Gelman 321 E. Market Street Iowa City, IA 52245 Phone: 354-1104 Requested Action: Preliminary plat approval Purpose: An 11-lot commercial subdivision Location: East of Mormon Trek Boulevard, south of Highway 1 Size: 19.81 acres Existing Land Use and Zoning: Undeveloped, C1-1 Surrounding Land Use and Zoning: North: Airport property; P South: Undeveloped; CH-1 East: Residential, Agricultural; County RS West: Commercial & undeveloped; CH-1 Comprehensive Plan: The South Central District Plan identifies this area as appropriate for intensive or highway commercial development. File Date: September 23, 2004 45-Day Limitation Period: November 7, 2004 BACKGROUND INFORMATION: This property was annexed to Iowa City in 2003, as part of a larger annexation including property on the west side of Mormon Trek Boulevard and properties owned by the Iowa City Municipal Airport. The extension of Mormon Trek Boulevard and associated public utilities was recently completed adjacent to this property, providing the infrastructure to support commercial development. This property is zoned C1-1, Intensive Commercial, which is a zone intended to provide for those businesses characterized by outdoor display, storage and/or sales of merchandise, repair of motor vehicles, and other operations conducted in buildings that may not be completely enclosed such as contractor pre-assembly yards, hardware stores, etc. The C1-1 zone also allows office uses. The applicant is proposing an 1 l-lot commercial subdivision. ANALYSIS: Subdivision design The subdivision consists of two street extensions, Grace Drive and Eagle View Drive, providing access to 11 commercial lots. Eagle View Drive is currently a chip-seal road that was constructed as part of the Mormon Trek Boulevard project; it will be reconstructed to local street standards as part of this project. Grace Drive is designed as a collector street, as it is planned to extend to the east when the property to the east is annexed and developed. Though these roads are opposite the two legs of City View Drive (on the west side of Mormon Trek Boulevard) the City requested different street names to make emergency response and service delivery less confusing. 'Old' Dane Road will be a north-south connecting street between Grace Drive and Eagle View Drive. At this time, Dane Road is designed as a County chip-seal road; the eastern half of the road is still outside of City corporate limits. The applicant is dedicating right-of-way for the western half of the road for a future street to be constructed to City standards. Staff is recommending escrow funds be required for future reconstruction of this segment of Dane Road to city standards; the road will be able to be reconstructed when the property to the east is annexed to the City and is subdivided. Access control The plat includes a note that lots 1, 6-7, 9 and 11 shall not have direct access to Mormon Trek Boulevard. Grace Drive and Eagle View Drive will form four-way intersections with the two legs of City View Drive on the west side of Mormon Trek Boulevard. At the direction of staff, Grace Drive and Eagle View Drive will each have left turn lanes (as well as right turn / through lanes) where they intersect with Mormon Trek Boulevard. Lot 11 is proposed to have access from the property to the east, which is planned to have an access point to Mormon Trek Boulevard opposite Dane Road. This access point was approved as part of the access control plan developed when Mormon Trek Boulevard was designed. An access easement agreement to this access point will need to be recorded prior to a final plat for this property being approved. A copy of a letter from Assistant Planning Director Davidson regarding the access control plan for this segment of Mormon Trek Boulevard is attached. C:\DOCUME-I\BMiklo\LOCALS-I\Temp\Davis 2 and 3 Addition.doc Storm water management The existing storm water management basin recently constructed to serve the Carousel Motors development is proposed to be eliminated, and stormwater is proposed to be directed to the property to the east, the Allegra Dane property. The basin is proposed along the south side of the Airport property. With the final plat for this subdivision, a storm water easement plat and agreement with the property owner will need to be recorded for the stormwater pipe and basin. Airport / Federal Aviation Administration concerns This subdivision is adjacent to the Iowa City Municipal Airport, which is in the design stage of extending Runway 7 to the south west. Much of the northern portion of the subdivision is affected by the 'Transitional Overlay' Zone of Runway 7, which is a sloping imaginary plane sloping up from the sides of the Approach Overlay Zone. An airspace study for development underneath the Transitional Overlay Zone will need to be approved by the FAA to ensure the development does not penetrate the Transitional Overlay Zone, and to ensure the development includes appropriate object markers and warning lights so pilots can differentiate between the runway and the private development, particularly on rainy or foggy days. For example, Carousel Motors on the west side of Mormon Trek Boulevard has red warning lights on its roof and signs. Staff is recommending the airspace study for the infrastructure in this development, including the storm water basin, be approved prior to final plat approval. Water main extension fee: A water main extension fee of $395 / acre will be required. Sanitary sewer tap-on fee: A sanitary sewer tap-on fee of approximately $3,200 / acre will be required. These fees are required to help off-set costs to the public for extending water and sanitary sewer mains to developing property. STAFF RECOMMENDATION: Staff recommends that SUB04-00023, a preliminary plat of Davis Second and Third Addition, a 19.81 acre, 11-1ot commercial subdivision, be approved, subject to escrow funds being required with the final plat for future reconstruction of Dane Road adjacent to Lots 4 and 8, and Federal Aviation Administration approval of the infrastructure prior to final plat approval. ATTACHMENTS: 1. Location Map 2. Preliminary Plat 3. July 4, 2003 letter from Assistant Planning Director Davidson regarding Mormon Trek Boulevard access control Approved by: ~"~Z~'/'/Z'' Robert Miklo, Senior Planner, Department of Planning and Community Development C:\DOCUME~I~BMiklo\LOCALS-I\Temp\Davis 2 and 3 Addition.doc CI1 CH1 ESCORT LN --10SA/CI1 SITE LOCATION: Mormon Trek Blvd. SUB04-O0023 Preliminary Plat J JR Davis Second and Third Additions~ Iowa City, Iowa · ~ '~ .. : .... ~ ~ ~~.~ ~ ,, ~ ~ ~ ~ City of Io~ City ST~DARD ~O AND NO~S ~~~ ---- ~CA~ON ~ NOT TO SC~ Ct,ti/of June 4, 2003 ~'"~'~l~'~r ~1~-w Dave Larson 277 Hickory Street Kalona, IA 52247 Re: Access control plan for future Mormon Trek Boulevard extension between Iowa Highway 1 and Dane Road Dear Dave: Pursuant to our several discussions this week, the following will provide guidance for you to use in the platting of the Davis and Dane property along the Mormon Trek Boulevard extension between Iowa Highway 1 and Dane Road. This letter is not intended to supplant any requirements of the platting process; it is intended to indicate an access control plan that can be supported by City staff. This letter references the concept plan you provided us dated 5/14/03. Beginning at Iowa Highway 1, an access point may be located in the approximate vicinity of the temporary access easement which has been granted to the Rock's Roadhouse property. This is approximately 350 feet from the Iowa Highway 1 intersection; it should not be moved further north. This may be a T intersection or a four-way intersection. Proceeding south, an access may be located at the proposed street intersection shown on the concept plan dated 5/14/03. This ma~, be either a T intersection or a full four-way intersection, and should provide access to commercial lots in the vicinity. This access point is located approximately 350 feet from the Rock's Roadhouse temporary access easement. Proceeding south, an access point may be located opposite the proposed intersection of relocated Dane Road. This would provide access to lots on the Davis property, including the proposed lots 8 and 9 which shall not have direct access to Mormon Trek Boulevard. This access point is located approximately 500 feet from the access point discussed in the preceding paragraph. Proceeding south, a four-way intersection is proposed at the location where Dane Road wilt be intersecting Mormon Trek Boulevard Extended from the south. This will be a four-way intersection that also provides access to the Dane and Davis properties. This access point is approximately 850 feet from the access point discussed in the preceding paragraph. To conclude, three new access points are proposed between Iowa Highway 1 and the existing alignment of Dane Road. These are to be three-way T intersections or full four-way intersections, and all should be designed so that they could accommodate a traffic signal in the future if warranted. A design should be used with separated left and through/right lanes on all 410 EAST WASHINGTON STREET · IOWA CITY, iOWA 52240- i826 . (319) 356-5000 . FAX (3i9) 356-5009 access points exiting onto Mormon Trek Boulevard. There shall be no offset intersections. There shall be no additional lot access to Mormon Trek Boulevard. Cross-access easements between lots and street alignments within the subdivision will be determined during the platting process. All items included in this letter are consistent with the zoning code revisions being prepared for the City Council. Let me know if there are any questions. Sincerely, ~ Jeff Davidson, Assistant Director Department of Planning and Community Development cc: Jim Davis John Dane Larry Schnitjer Steve Atkins Karin Franklin Bob Miklo Rick Fosse Ross Spitz Mitch Behr Sarah' Holecek ppdad m/~trs/jd-la rson .doc ~ ~ I 11-02-04 I Prepared by: Pon Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 04-305 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE HIGHWAY 6 IMPROVEMENT PROJECT - LAKESIDE DRIVE TO 420TM STREET, STPN-6-7(66)--2J-52. WHEREAS, the City of Iowa City, Iowa has negotiated an agreement with the Iowa Depadment of Transpodation, said agreement being attached to this Resolution and by this reference made a part hereof; and. WHEREAS, the City of Iowa City, Iowa deems it in the public interest to enter into said agreement with the Iowa Department of Transportation for the widening of Highway 6 to a three-lane roadway from Lakeside Drive to 420th Street. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. It is in the public interest to enter into the above-mentioned agreement, and the agreement is hereby approved as to form and content. 2. The Mayor is authorized to sign and the City Clerk to attest the agreement between the City of Iowa City and the Iowa Department of Transportation in duplicate. 3. The City Clerk shall furnish copies of said agreement to any citizen requesting same. Passed and approved this 2nd day of November ,20 04 . Approved by CITY ~'~t. ERK (~i~'y ~ttorn~y's C~f~ce pv,~ng/res~hwy6imp.doc Resolution No. 04-305 Page 2 It was moved by Champion and seconded by ~lilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn STAFF ACTION NO: COOPERATIVE AGREEMENT County Johnson City Iowa City Project No. STPN-6-7(66)- -2J-52 Iowa DOT Agreement No. 2005-16-019 This Agreement, is entered into by and between the Iowa Department of Transportation, hereinafter designated the "DOT", and the City of Iowa City Iowa, hereafter designated the "CITY" in accordance with 761 Iowa Administrative Code Chapter 150 and Iowa Code sections 28E.12 and 306A; WITNESSETH; that WHEREAS, the CITY in joint cooperation with the DOT proposes to establish or improve an extension of Primary Road No. U.S. 6 within Johnson County, Iowa; and WHEREAS, the CITY and DOT are willing to jointly participate in said project, in the manner hereinafter provided; and WHEREAS, this Agreement reflects the current concept of this project which is subject to modification by the DOT; and NOW, THEREFORE, IT IS AGREED as follows: 1. The CITY will design, and the DOT will let, inspect and administer construction of the following described primary highway project in accordance with the project plans and DOT standard specifications: U.S. 6 will be widened, within the CITY, from Lakeside Drive extending southeasterly to 420th Avenue. The roadway will be P.C. concrete widened from 24 to 40 feet and full-width Hot Mix Asphalt (HMA) resurfaced. The existing roadway has two 12-foot wide through lanes with 10-foot wide granular shoulders. The new proposal will provide for two 12-foot wide through lanes, one 16-foot wide center left-turn bay (12-foot lane, 4-foot painted median) and 10- foot wide shoulders (4-foot paved, 6-foot granular). The widening will be symmetrical along both sides of the roadway and a series of median rumble strips will be included to warn drivers who inadvertently enter the median area. 1 Special Provisions 2. The construction cost for the proposed improvement has been estimated at approximately $1,924,300. The CITY and DOT will share in said cost and CITY reimbursement will be based on 35% of the actual project total (approximately $673,500). Any project costs in excess of the $1,924,300 estimate will be split 65% DOT and 35% CITY. 3. Right of way acquisition will not be required as part of this project. 4. U.S. 6 through-traffic will be maintained during the construction period. 5. For situations where the CITY has completed a Flood Insurance Study (FIS) for an area which is affected by the proposed Primary Highway project area; If after the date of this Agreement the FIS is modified, amended or revised in an area affected by the project, the CITY shall promptly provide notice of the modification, amendment or revision to the DOT. For situations where the CITY does not have a detailed Flood Insurance Study (FIS) for an area which is affected by the proposed Primary Highway project area; If after the date of this Agreement the CITY does adopt an FIS in an area affected by the project, the CITY shall promptly provide notice of the FIS to the DOT. General Provisions 6. The DOT will bear all costs except those allocated to the CITY under other terms of this Agreement. 7. The CITY, in cooperation with the DOT, will take whatever steps may be required to legally establish the grade lines of the new highway facilities constructed under the project in accordance with Iowa Code sections 313.21 and 364.15. 8. Upon completion of the project, no changes in the physical features thereof will be undertaken or permitted without the prior written approval of the DOT. 9. Also as part of the project, it may be necessary to temporarily close various local CITY streets and/or alleys during portions of said project. If temporary closures are necessary, the DOT will furnish and install the required road closure barricades and signing at project cost and shall remove same upon completion of the project also at no expense or obligation to the CITY. The DOT will work in close cooperation with the CITY and the contractor to accommodate fire protection and local access across the project during construction. 10. Future maintenance of the primary highway within the project area will be carried out in accordance with the terms and conditions contained in 761 Iowa Administrative Code Chapter 150. 11. New lighting and/or traffic signal construction which may be accomplished (within this project area) as part of or incident to this project shall be provided under guidelines established in 761 Iowa Administrative Code Chapter 150. 12. Any costs incurred by the CITY in performing its obligations hereunder will be borne exclusively by the CITY without reimbursement by the DOT. 13. General Parking Requirements: A. On primary highways at signalized intersections, parking will be prohibited a distance of 20 feet in advance of the near sidewalk or traffic-control signal and a distance of 20 feet beyond the far sidewalk. At non-signalized intersections, parking will be prohibited 55 feet in advance of the near sidewalk and 22 feet beyond the far sidewalk. B. On minor side streets controlled with stop signs, with two through lanes and two parking lanes (parallel or diagonal), parking will be prohibited a distance of 35 feet in advance of the near sidewalk or stop sign and a distance of 35 feet beyond the far sidewalk. On minor side streets controlled with stop signs, with four through lanes and two parallel or diagonal parking lanes, parking will be prohibited a distance of 35 feet in advance of the near sidewalk or stop sign and a distance of 20 feet beyond the far sidewalk. C. On minor side streets with traffic control signals, with two through lanes and two parallel parking lanes, parking will be prohibited a distance of 20 feet in advance of the near sidewalk or traffic signal and a distance of 35 feet beyond the far sidewalk. On minor side streets with four through lanes and parallel or diagonal parking lanes, parking will be prohibited a distance of 20 feet in advance of the near sidewalk or traffic signal and a distance of 20 feet beyond th~ far sidewalk. D. If not already covered by an existing ordinance, the parking restrictions listed above will be outlined in a new ordinance which will be enacted by the CITY. The new ordinance would go into effect no later than such time as the project is completed and opened to through traffic. Parking shall be prohibited along U.S. 6, within the project limits. 14. Subject to the provisions hereof, the CITY in accordance with 761 Iowa Administrative 3 Code sections 150.3(1)c and 150.4(2) will remove or cause to be removed (within the CITY project limits) all encroachments or obstructions in the existing primary highway right of way. The CITY will also prevent the erection and/or placement of any structure or obstruction on said right of way or any additional tight of way which is acquired for this project including but not limited to private signs, buildings, pumps, and parking areas. 15. Subject to the approval of and without expense to the DOT, the CITY agrees to perform or cause to be performed all relocations, alterations, adjustments or removals of existing utility facilities within the CITY, including but are not limited to power, telephone and telegraph lines, fiber optics lines, natural gas pipelines, water mains and hydrants, curb boxes, utility accesses, storm water intakes, sanitary sewers, and related poles, installations and appurtenances, whether privately or publicly owned, and all parking meters, traffic signals and other facilities or obstructions which are located within the limits of an established street or alley and which will interfere with construction of the project and the clear zone, as provided in Chapter 761 Iowa Administrative Code section 150.4(5) and in accordance with the Utility Accommodation Policy of the DOT referenced therein. 16. The CITY shall be responsible for providing, without cost to the DOT, any right of way for the project which involves dedicated streets or alleys, and any other city-owned lands, except park land, which are required for the project subject to the condition that the DOT shall reimburse the CITY for the value of improvements situated on such other city- owned lands. The CITY has apprised itself of the value of these lands, and as a portion of their participation in the project, voluntarily agrees to make such lands available without further compensation. The DOT shall be responsible for acquisition of all other right of way. 17. The CITY will comply with all provisions of the equal employment opportunity requirements prohibiting discrimination and requiting affirmative action to assure equal employment opportunity as required by Iowa Code Chapter 216. No person will, on the grounds of age, race, creed, sex, color, national origin, religion or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which State funds are used. Miscellaneous Provisions 18. It is the intent of both parties that no third party beneficiaries be created by this Agreement. 19. If any section, provision, or part of this Agreement shall be found to be invalid or unconstitutional, such finding shall not affect the validity of the Agreement as a whole or 4 any section, provision, or part thereof not found to be invalid or unconstitutional, except to the extent that the original intent of the Agreement cannot be fulfilled. 20. This Agreement may be executed in two counterparts, each of which so executed will be deemed to be an original. 21. This document represents the entire Agreement between the CITY and DOT regarding this project. Any subsequent change or modification to the terms of this Agreement will be in the form of a duly executed amendment to this document. IN WITNESS WHEREOF, each of the parties hereto has executed Cooperative Agreement No. 2005-16-019 as of the date shown opposite its signature below. CITY OF IOWA CITY: By--November 2 _, 200 4 Title: Mayor I, Marian K. Karr , certify that I am the Clerk of the CITY, andthat Ernest W. Lehman , who signed said Agreement for and on behalf of the CITY was duly authorized to execute the same on the 2nd day of November ,2004 Signed: )']q~,,-9 -~. -;%/J~.4.4J City ~'lerk of Iowa City, Iowa. Approved By Cit~ Attorney's Office IOWA DEPARTMENT OF TRANSPORTATION: By: ~{'OL}a~ ~. ~9-~.~ Date ,//'J~ ,200~. Richard Kautz District Engineer District 6. Prepared by: Marcia Klingaman, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5237 RESOLUTION NO. 04-306 RESOLUTION ESTABLISHING THE PENINSULA PARK SCULPTOR'S SHOWCASE WHEREAS, the Iowa City Public Art Advisory Committee is continually searching for methods to showcase the work of artists within the City of Iowa City; and WHEREAS, the Procedures for the Iowa City Public Art program permit a "Limited, Invitational Competition" open to artists that are willing to develop a site-specific proposal for a particular project; and WHEREAS, the Public Art Advisory Committee felt that the newly developed Peninsula Park would provide an ideal environment to showcase such art; and WHEREAS, a number of artists have expressed interest in this opportunity and have or will be presenting proposals, NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. A Peninsula Park Sculptor's Showcase be established to feature artwork of artists on a temporary basis; and 2. An honorarium of $500 be funded through the Iowa City Public Art Program as compensation for the display of each piece of artwork estimated to run at least 12 months in duration. Passed and approved this 2nd day of November ,20 04 MAYOR CI~LERK City Attorney's Office ppddir/res/peninsula art.doc Resolution No. 04-306 Page 2 It was moved by Vanderhoef and seconded by Bai 1 e3' the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn 9 Prepared by: Marcia Klingaman, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5237 ~, RESOLUTION NO. RESOLL~ION ESTABLISHING THE PENINSULA PARK SCULPTOR'S SHOWCA~ WHEREAS, the Iowa~'~i, ty Public Art Advisory Committee is continu ~/searching for methods to showcase the work of'a~t~ ists within the City of Iowa City; and WHEREAS, the Procedures ~ the Iowa City Public Art a "Limited, Invitational Competition" open to artists tha~re willing to develop a site-s ;ific proposal for a particular project; and WHEREAS, the Public Art Advisory mmittee felt that ~ewly developed Peninsula Park would provide an ideal environment to such art; WHEREAS, a number of University of Art stu¢ nts have expressed interest in this opportunity and have or will be presenting NOW, THEREFORE BE IT RESOLVED BY THI COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. A Peninsula Park Sculptor's Showcase be to feature artwork of artists on a temporary basis; and 2. An honorarium of $500 be funded h the City Public Art Program as compensation for the display of each of artwork to run at least 12 months in duration. Passed and approved this of 20 MAYOR ,Na~roved by ,\,, CITY CLERK City Attorney's Office ppddidres/peninsula art.doc Prepared by: Marcia Klingaman, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5237 RESOLUTION NO. RESOLUTION APPROVING THE CONTRACT BETWEEN THE CITY OF IOWA CITY AND THE ARTIST FOR DISPLAY OF A SCULPTURE ON THE PENINSULA PARK SCULPTOR'S SHOWCASE, WHEREAS, the CITY, for the purpose of fostering appreciation of the arts, bringing attention to its City Parks and other public spaces and giving artists an opportunity to display their work in public, established the Peninsula Park Sculptor's Showcase on November 2, 2004 by Resolution No. 04-306 ; and WHEREAS, the Peninsula Park Sculptor's Showcase, a display of an undetermined number of concrete pads located in the Peninsula Park, allows the opportunity for sculptors to display their work for approximately a year; and WHEREAS, the Iowa City Public Art Advisory Committee reviewed and approved the proposed sculpture of a local student artist, Seth Godard at their September 2, 2004 meeting; and WHEREAS, a contract has been negotiated with the artist for display of his work on the showcase for a period of May 1, 2005 to April 30, 2006. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The Agreement between the City of Iowa City and artist Seth Godard for the exhibition of his sculpture as described in the agreement on the Peninsula Park Sculptor's Showcase for a period of May 1, 2005 to April 30, 2006 is hereby approved. 2. The Mayor is hereby authorized to execute and the City Clerk to attest said Agreements. Passed and approved this 2nd day of November' 20 04 App. A3ved by ATTEST: ~~) ~- ~ -- - . CITY '~-ERK City Attorney's Office ppddir/res/peninsula art~odard doc Resolution No. 04-307 Page 2 It was moved by Bai le.,v and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn CITY OF IOWA CITY PUBLIC ART PROGRAM THE PENINSULA PARK SCULPTURE SHOWCASE AGREEMENT BY AND BETWEEN CITY AND ARTIST THIS AGREEMENT is made on November 2. ?rll~4 between the City of Iowa City, hereinafter referred to as the CITY, and Seth God'rd, hereinafter referred to as the ARTIST. The CITY'S REPRESENTATIVE shall be the Director of the Department of Planning and Community Development or his/her designee. The COMMITTEE shall be the Public Art Advisory Committee. WHEREAS, the CITY, for the purposes of fostering appreciation of the arts, bringing attention to the Peninsula Park and Iowa River Dam Pedestrian Bridge and giving Iowa art students an opportunity to display their work in public, is establishing a sculpture pad that will feature such artwork in the Peninsula Park area, and WHEREAS, the CITY, on the recommendation of the COMMITTEE, has accepted the proposal by the ARTIST and hereinafter referred to as the ART WORK, for the sculpture to be placed on the Peninsula Park Sculpture's Showcase. A copy of said proposal as accepted is attached hereto as Exhibit "A" (hereinafter "Proposal"). NOW, THEREFORE, in consideration of the mutual promises and undertakings contained herein, the parties agree as follows: Article 1. Scope of Services The CITY will exhibit the ART WORK described below on the Peninsula Park Sculptor's Showcase, a concrete pad that will be constructed on the west side of the pedestrian trail as it connects with the Iowa River Dam Pedestrian Bridge beginning no later than May 1, 2005 and ending no later than April 30, 2006. The ARTIST has voluntarily submitted the ART WORK described below for display on the Peninsula Park Sculptor's Showcase. Article 2. Description of art work Title: Untitled Medium: steel, concrete Material: 1/4" plate steel, concrete, 3/8" rerod Height: 8' Width: 3.5" - 4' Diameter: approximately 12' Approximate Weight: 300-400 lbs. Signature (if signed): Seth Godard Fair Market (insurance) value: $10,000 Article 3. Consideration The ARTIST shall receive a $500 honorarium upon execution of this contract with the CITY. Further consideration between the parties shall be the mutual benefit each will derive from the public exhibition of the ART WORK being loaned. Article 4. Duration of Loan The ART WORK described by this agreement will not be released from loan from the time it is delivered to the CITY until the time of removal from the exhibition or the termination of the exhibition plus a reasonable period of time for removal, except by prior written agreement between the parties. It is hereby agreed between the parties that the CITY is entitled to exclusive possession of the ART WORK until the ART WORK has been released from loan. Unless otherwise notified in writing by the ARTIST, the CITY will surrender the ART WORK only to the ARTIST. If the CITY is unable to return the ART WORK to the ARTIST within a reasonable period following the expiration of the exhibition, and no special arrangements have been made, then the CITY shall have the right to dispose of the ART WORK in any manner whatsoever. In the event that ownership changes during the period of the loan, the new owner is required to establish his legal right by proof satisfactory to the CITY. This agreement is binding upon and shall inure to the benefit of the parties, heirs, executors, administrators, representatives, successors and assigns. Article 5. Installation and Removal The ARTIST agrees to work with the CITY in planning for and installing the ART WORK prior to exhibition opening and will promptly remove the ART WORK after the conclusion of the exhibition. The City reserves the right to remove the ART WORK from the Peninsula Park Sculptor's Showcase for any reason whatsoever. However, it is expressly understood and agreed that the acceptance and installation of the subject ART WORK is conditioned upon the feasibility of a safe and secure installation on the Peninsula Park Sculptor's Showcase. If it is determined by the CITY, after arrival of the ART WORK or before then, that because of inherent qualities or attributes of the ART WORK it is not feasible or consistent with the budgeting resources to safely and securely install the ART WORK on the Peninsula Park Sculptor's Showcase, the CITY shall be under no obligation to do so. In such case, the ART WORK shall be retrieved from the CITY by the ARTIST within 10 days of notification by the CITY, but the ARTIST shall nevertheless receive payment of $500. Article 6. Transportation and Delivery Transportation and delivery from the ARTIST to the CITY shall be the responsibility of the ARTIST. Delivery will be complete when the ARTIST delivers and assists the CITY with the installation of the ART WORK on the Peninsula Park Sculpture's Showcase. Return to the ARTIST shall occur at the same location as delivery. Article 7. Care and Safekeeping The ART WORK will receive the same degree of care and preservation given to comparable outdoor, weather-exposed objects owned by the CITY, but CITY will assume no responsibility for loss or damage due to theft, malicious mischief, acts of God or other causes, unless specifically covered by insurance, but then only to the limits of such insurance. ARTIST agrees to indemnify, save and hold harmless CITY from any and all losses, damages, suits, actions, claims or expenses of every kind arising out of loss or damage, unless specifically covered by insurance as set forth in Article 10 of this agreement. Article 8. Repair In the event that either the CITY or the ARTIST decides that the ART WORK requires repair in order to preserve public safety or to preserve the ART WORK, the ARTIST shall be given the first opportunity to make the necessary repairs under CITY supervision and within 30 days of notice by CITY of the need for repair. If the ARTIST has not effected satisfactory repairs within 30 days after notification that such repairs are required, then the CITY reserves the right to repair the ART WORK or to remove it to a safe location for storage. Except for the repairs specified herein, the CITY will not clean, retouch, or alter the ART WORK without consent of the ARTIST. Article 9. City Discretion The CITY has the sole discretion to determine whether, and for how long the ART WORK shall be exhibited. Article 10. Insurance and Liability The CITY will insure the ART WORK against casualty loss at a value specified by the ARTIST, but the amount specified by the ARTIST must reflect fair market value, and insurance coverage shall in no instance exceed $10,000 per ART WORK. At the CITY'S option, the CITY may self- insure the ART WORK, but in no instance shall the CITY'S liability for casualty loss exceed $10,000 per ART WORK. The ARTIST agrees that in the event of loss or damage, recovery shall be limited to such amount, if any, determined by the insurer, hereby releasing the CITY from any further liability for claims arising from the loss or damage, and save and hold harmless the CITY from any and all losses, damages, suits, actions, or expenses of any kind arising out of any casualty to said ART WORK. Article 11. Publicity The ART WORK may be photographed and otherwise graphically reproduced by the CITY for noncommercial purposes. It is understood between the parties that ART WORKS displayed in the exhibition may be photographed by the general public. Article 12. Interpretation and Conflict of Laws The agreement cannot be modified expect by written instrument and it shall be interpreted according to the laws of the State of Iowa. ARTIST acknowledges that (s)he has full power to make this loan, that (she)he has read the conditions contained in this agreement, and that (s)he agrees to abide by the terms and conditions contained herein. IN WITNESS HEREOF: ARTI~~ OW se-th Godard ._....-"'Ernest W. Lehman, Mayor ATTEST Marian-D<. Kart City Clerk Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 04-308 RESOLUTION TO ADOPT AMENDED STANDARD OPERATING PROCEDURES AND GUIDELINES FOR THE IOWA CITY POLICE CITIZENS REVIEW BOARD BY AMENDING SECTION I RELATING TO COMPLAINT PROCESS, AND NON-SUBSTANTIVE CHANGES AND FORMATTING ISSUES, AND REPEALING RESOLUTION 00-355. WHEREAS, Ordinance 97-3792 establishing the Police Citizens Review Board requires final approval of procedures and guidelines for the Iowa City Police Citizens Review Board; and WHEREAS, on October 17, 2000 the City Council adopted such standard operating procedures and guidelines by Resolution 00-355; and WHEREAS, at their October 19, 2004 meeting the Police Citizens Review Board recommended changes to Section I to amend the standard operating procedures to clarify the administrative procedures for the complaint process, and non-substantive changes and formatting issues. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. That Resolution 00-355 is hereby repealed. 2. The Iowa City Police Citizens Review Board standard operating procedures and guidelines dated October 19, 2004 are hereby adopted, as attached. Passed and approved this 2nd day of Novembm' ,20 04 CITY CLERK City Attorney's Office It was moved by Vandm'h0ef and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott × Lehman X O'Donnell X Vanderhoef X Wilburn pc(o/res/slandop.dk CITY OF IOWA CITY IOWA POLICE CITIZENS REVIEW BOARD STANDARD OPERATING PROCEDURES AND GUIDELINES October 19, 2004 The Police Citizens Review Board (hereafter referred to as PCRB) was established to assure that investigations into claims of police misconduct are conducted in a manner which is fair, thorough and accurate and to assist the Police Chief, the City Manager and ~he City Council in evaluating the overall performance of the Police Department by having it review the Police Deportment's investigation into complaints. To achieve these purposes, the PCRB shall comply with Chapter 8 of the Iowa City Code, the PCRB's By-Laws, and the PCRB's Standard Operating Procedures and Guidelines. TABLE OF CONTENTS I. Complaint Process II. Formal Mediation Guidelines and Procedures Ill. Meetings IV. Complaint Review Process V. Identification of Officers VI. Review of Policies, Procedures and Practices of the Iowa City Police Department VII. Annual Report VIII. General IX. Appendix A. The City Code of Iowa City, Chapter 8, Police Citizens Review Board B. Iowa City PCRB By-Laws C. City of Iowa City PCRB Guidelines and Procedures for Formal Mediation D. Section 21 of The Code of Iowa Official Meetings Open to Public (Open Meetings) E. Section 22 of The Code of Iowa, Examination of Public Records (Open Records) F. PCRB Complaint Form PCRB SOP 10/04 Page 2 I. Complaint Process In an effort to assure the citizens of Iowa City that the Iowa City Police Department's performance is in keeping with community standards, the PCRB shall review investigations into complaints about alleged police misconduct to insure that such investigations are conducted in a manner which is fair, thorough and accurate. The PCRB shall achieve this by receiving, reviewing and reporting on citizen complaints in accordance with the procedural rules in Chapter 8 of the City Code, following the PCRB By-Laws, Article VIII, and the PCRB's Standard Operating Procedures and Guidelines. A. Complaints shall be filed in accordance with 8-8-3 C and 8-8-7 A of the City Code of Iowa City: 1. All documents and related materials filed with the PCRB shall not be returned. 2. Complaints filed in the City Clerk's Office shall be'assigned a complaint number consisting of the last two digits of the present year with consecutive numbers, starting with one (1) (e.g. 98-1). 3. The complaint copy sent to PCRB members shall have all references to police officer names and other identifying information deleted, although the repods of the Police Chief and City Manager shall identify the officers by number as set forth in Section V of these procedures. 4. PCRB deadlines are established by Ordinance 01-3976. 5. A copy of each complaint filed shall be provided to PCRB members in the next meeting packet. 6. Amendments to a complaint must be in written form. 7. The complainant may withdraw the complaint at any time prior to the PCRB's issuance of its repod to City Council. B. Procedures for complaints subject to summary dismissal follow: 1. A complaint that appears to be untimely filed or a complaint that does not involve the conduct of an Iowa City sworn police officer shall be handled in the same manner as outlined in subsection "A" of the Complaint Process. 2. The copy of the complaint furnished to the Police Chief or City Manager, shall include a cover letter from the PCRB indicating that it appears to be an untimely complaint or a complaint that does not involve the conduct of an Iowa City sworn police officer and will be reviewed by the PCRB at its next meeting. PCRB SQP 10/04 Page 3 3. The PCRB shall determine whether additional information is necessary to assess whether the complaint should be summarily dismissed and, if additional information is necessary, the method by which such information will be obtained. The methods available include an interview of the complainant by a subcommittee of the PCRB, a request to the complainant for a written submission on the issue presented and an investigation by the PCRB, but shall not include an invitation to the complainant to address the PCRB at a public meeting or an interview of the complainant at a public meeting. 4. Upon the completion of such investigation and the PCRB's determination that additional information is not necessary, the PCRB shall, by motion in open session, vote to determine whether the complaint will be dismissed under Section 8-8-3 (E) of the Ordinance. The PCRB shall not discuss the facts or substance of the complaint at said open meeting. 5. If the PCRB dismisses the complaint, staff shall: a. Untimely Complaints: 1. Forward a copy of the decision to the Chief or City Manager including a cover letter stating that the complaint has been dismissed and that a report to the PCRB by the Chief or City Manager is not required by Chapter 8 of the Code. 2. Forward a copy of the decision to the complainant including a cover letter advising that although the complaint has been dismissed and will not be reviewed by the PCRB, there is a method for the complainant to file a complaint directly with the Iowa City Police Department. 3. Forward a copy of the decision to the City Council indicating the dismissal and referring to the section of the City Code. b. Complaints not involving a sworn Iowa City police officer: 1. Forward a copy of the decision to the Chief or City Manager including a cover letter stating that the complaint has been dismissed and that a report to the PCRB by the Chief or City Manager is not required by Chapter 8 of the Code. 2. Forward a copy of the decision to the complainant including a cover letter stating why the complaint was dismissed. 3. Forward a copy of the decision to the City Council indicating the dismissal and referring to the section of the City Code. PCRB SOP 10/04 Page 4 4. If the PCRB determines the complaint shall not be dismissed, it shall so advise the Police Chief or City Manager so that the investigation may continue and make the required report to the PCRB. II, Formal Mediation Guidelines and Procedures Formal mediation is the responsibility of the PCRB and is offered as a method to facilitate a successful resolution of the issues involved in a complaint. The PCRB shall accomplish this responsibility by complying with 8-8-2 H. 8-8-4 and 8-8-7 of the City Code and the PCRB Guidelines and Procedures for Formal Mediation, approved by the City Council on March 10, 1998 and made a part hereof. III. Meetings Regular meetings shall be held monthly. Special meetings may be called by the Chair as needed. The PCRB shall comply with Article V of the PCRB By-Laws and the PCRB Standard Operating Procedures and Guidelines. A. Meeting packets shall be distributed to PCRB members at least two (2) days prior to a meeting when possible. B. Place of Posting Notices and Agendas. 1. Follow requirements of Section 21.4, The Code of Iowa. 2. The City of Iowa City provides the Notice Bulletin Board in the lobby of City Hall. C. Consent Calendar shall include: 1. Minutes of the last meeting(s); 2. Correspondence and/or memoranda directed to the PCRB (not complaint-related). Staff shall be given directions based on PCRB discussion as to whether staff shall respond or whether PCRB members shall respond, with copies furnished to the PCRB. D. Time for open public discussion shall be made available at all open meetings as provided by the PCRB By-Laws, Article V, Section 6. E. Time for "Board Information" and "Staff Information" shall be made available at all meetings. F. Decisions made in executive session shall be ratified in open session. G. Taped minutes of open meetings shall be kept thirty (30) days from acceptance and approval of minutes. PCRB SOP 10/04 Page 5 H. Taped minutes of executive meetings shall be kept for one year from the date of the meeting. I. TO the extent practicable, legal counsel for the PCRB shall attend all meetings of the Board. J. Electronic Participation 1. Follow the requirements of Section 21.8, The Code of Iowa for "electronic meetings.". "Electronic meetings" as defined in this section presumes electronic participation is necessary for a quorum. 2. Electronic participation in meetings. A member may participate by electronic means when the member's presence is not necessary for a quorum, and said member shall have all rights as if participating in person.. K. Quorum and Voting Requirements 1. Quorum. See By-Laws V.2. 2. Voting. See By-Laws V. 10. 3. Voting to close a session. See Section 21.5, The Code of Iowa. L. Iowa Open Records Law 1. The PCRB must follow all the requirements of Chapter 22, The Code of Iowa, Examination of Public Records (Open Records). This means every person has the right to examine and copy the public records of the PCRB pursuant to that Chapter. 2. The lawful custodian of the PCRB public records is the City Clerk of Iowa City. If the City Clerk requires legal counsel concerning whether a document is public or confidential, she shall notify both the City Attorney's Office and counsel to the PCRB of the request. 3. All records of the PCRB shall be public except as specifically provided for in Chapter 22, The Code and in the PCRB By-Laws. 4. Confidentiality of complaints, repods of investigations, statements and other documents or records obtained in investigation of any complaint. See By-Laws VIl.l(a). 5. Confidentiality of the minutes and tape recordings of closed sessions. See By-Laws VII. l(b). 6. Confidentiality of mediation matters. See By-Laws Vll.l(d). 7. Confidentiality of information protected by the Iowa Open Records Law or the Iowa Open Meetings Law. See By-Laws VIl.l(c). PCRB SOP 10/04 Page 6 M. Iowa Open Meetings Law. The PCRB must follow ali the requirements of Chapter 21, The Code of Iowa, Official Meetings Open to Public (Open Meetings). N. Conflicts of Interest and Ex Parte Contacts 1. Conflicts of Interest. See By-Laws V.9. 2. Ex Parte Contacts. See By-Laws, V.8. IV. Complaint Review Process The PCRB shall review all Police Chief's reports and City Manager's reports concerning complaints utilizing Sections 8-8-6, 8-8-7 and 8-8-8 of the City Code and the PCRB Standard Operating Procedures and Guidelines. A. Review of Police Chief's report or City Manager's report. Follow 8-8-7 B of the City Code. B. Select a level of review as outlined in 8-8-7 B. 1 (a)-(f) of the City Code. The PCRB shall notify the Complainant and the Police Chief, or the City Manager if the complaint is against the Chief, of the selected level of review. The Chief shall notify the officer of the selected level of review. C. Request for an extension of time to file PCRB public report. Refer to 8-8-7 B.6 of the City Code. D. The PCRB shall not issue a public report critical of a police officer until after a name-clearing hearing has been held or waived by the police officer. Refer to Section 8-8-7 B.4 of the City Code. E. Name-clearing hearing procedure 1. If the PCRB determines that the comments or findings contained in its proposed report will be critical of the conduct of a sworn police officer, it must offer the officer a name-clearing hearing prior to the issuance of the PCRB's report to Council. 2. The PCRB shall select a proposed date for the name-clearing hearing. 3. Written notice of the date, time and place of the name-clearing hearing shall be given to the officer no less than ten working days prior to the date set for hearing. The notice to the officer should be transmitted via the Chief of Police. The notice to the officer shall provide a written response form for the officer to demand or waive the name-clearing hearing. Said written response form shall also allow the police officer to state whether he or she requests an open or closed session. PCRB SOP 10/04 Page 7 4. If the officer provides a written waiver of the name-clearing hearing prior to the date set for hearing, the hearing shall not be held. 5. If the officer does not respond to the notice prior to the time of the hearing, the hearing shall be convened. If the officer does not appear, the hearing shall be terminated. 6. If the officer demands a hearing or appears at the hearing, the PCRB will first determine whether the hearing shall be open or closed. If the officer requests a closed session, the PCRB shall close the session pursuant to motion specifically identifying Section 21.5(1)(i) and 21.5(1)(a) of the Iowa Code as the basis for closure. If the officer does not request a closed session the session shall be open except where closure is appropriate pursuant to Section 21.5(1)(a). 7. Before the hearing, the PCRB shall advise the officer of the Board's proposed criticism(s). At the hearing, evidence supporting the criticism shall be presented. The officer shall be given the opportunity to be heard and to present additional evidence, including the testimony of witnesses. 8. If, subsequent to a name-clearing hearing or waiver of a name-clearing hearing by the officer, the PCRB changes its level of review, it shall issue a new written notice pursuant to subparagraph B. hereof. If, following said change, the proposed report is critical of the sworn officer's conduct, the PCRB shall offer another name-clearing hearing to the officer pursuant to the name-clearing hearing procedures herein. 9. The complainant shall not receive a notice of, or have the right to participate in, a name-clearing hearing. F. Report Writing - Follow 8-8-7 of the City Code 1. The Chair shall appoint a committee to prepare draft reports. The committee may request assistance from staff as needed. 2. When possible, a draft report shall be included in the agenda packet prior to the meeting at which it is discussed. 3. Draft reports shall be discussed in executive session and finalized by the full PCRB. 4. Draft reports shall be confidential. 5. Final Public Reports shall be reviewed by legal counsel to the PCRB before being submitted to the City Council. G. Final PCRB Public Reports shall be distributed according to 8-8-7 B.3 of the City Code. The copy sent to the City Council shall be accompanied by the minutes of the meeting which approved it and be sent to the City Clerk for inclusion in the next Council agenda packet. PCRB SOP 10/04 Page 8 H. Once the Public Report is sent to designated parties, the complaint file is closed and is taken to the City Clerk's Office for retention. V. Identification of Officers A. The reports of the Police Chief and the City Manager to the PCRB will identify the officers with unique identifiers, i.e. same number for same officer from one complaint to the next, but not by name. In its public reports, however, the PCRB shall not use the same number for the same officer from one report to the next, in order to guard against inadvertent identification of the officer to the public by the PCRB. The PCRB reserves the right, however, to identify the officer in a sustained complaint pursuant to Section 8-8-7(B) of the City Code and may obtain the officer's name from the City Clerk for this purpose. B. An allegation of misconduct or previous allegation of misconduct against an officer is not and shall not be used by the PCRB as evidence of misconduct. VI. Review of Policies, Procedures and Practices of the Iowa City Police Department As stated in the City Code, 8-8-7 C(3), and Article 11 of the PCRB By-Laws, and using the PCRB Standard Operating Procedures and Guidelines, the PCRB shall, from time to time, report to the City Council on policies, procedures and practices of the Iowa City Police Department, including recommended changes, if appropriate. A. Policy-review discussions shall be held at regular meetings, when possible. B. When citizens have a concern about police procedures or practices, but there is no allegation of individual officer misconduct, there may be an issue of policy. Any citizen or PCRB member may raise an issue at a PCRB meeting. C. The PCRB encourages signed written correspondence from citizens but will accept anonymous correspondence concerning policies, procedures, and practices of the Iowa City Police Department. VII. Annual Report The PCRB shall maintain a central registry of all formal complaints against sworn police officers and shall provide an annual report to the City Council which will give the City Council sufficient information to assess the overall performance of the Iowa City Police Department. 8-8-2 M and 8-8-7 C.2 of the City Code, Article VIII.5 of the PCRB By- Laws, and the PCRB Standard Operating Procedures and Guidelines A. The annual report shall include information required by Chapter 8 of the City Code. B. The PCRB's annual report may also include recommendations to amend the Ordinance. PCRB SOP 10/04 Page 9 VIII. General A. The lawful custodian of the PCRB records and the central depository for all information is the City Clerk's Office of the City of Iowa City. B. The Chair is the official spokesperson for the PCRB. C. When legal counsel and/or staff are contacted on PCRB business, they shall report that information to the Chair and to each other. D. Contacts between a PCRB member and the Police Chief and/or City Manager shall be in the form of written communication when possible. E. Requests for information from the PCRB to the Police Chief or City Manager shall be in writing. F. The PCRB administrative assistant shall provide to the Board a monthly "PCRB Office Contacts Report," stating the number of telephone calls and in-office contacts which come directly to the PCRB office, the general substance of such contacts, and their disposition. G. Voice Mail telephone messages to the PCRB office from citizens shall not be retained nor will messages be transcribed unless there are extenuating circumstances on a case-by-case basis determined by legal counsel for the PCRB and the City Attorney's Office. H. The PCRB shall utilize its own letterhead stationery. eleanor~pcrbgde2,doc PCRB SOP 10/04 Page 10 ut - old ve POLICE CITIZENS REVIEW BOARD Underlined - new additions ~ STANDARD OPERATING PROCEDURES Plain text - no change J OUTLINE OF CHANGES I. Complaint Process In an effort to assure the citizens of Iowa City that the Iowa City Police Department's performance is in keeping with community standards, the PCRB shall review investigations into complaints about alleged of police misconduct to insure that such investigations are conducted in a manner which is fair, thorough and accurate. The PCRB shall achieve this by receiving, reviewing and reporting on citizen complaints in accordance with the procedural rules in Chapter 8 of the City Code, following the Police Citizens Review Board By-Laws, Article VIII, and the Board's Standard Operating Procedures and Guidelines. A. Complaints shall be filed in accordance with 8-8-3 C and 8-8-7 A of the City Code of Iowa City. 1.All documents and related materials filed with the Board shall not be returned. 2. Complaints _filed in the City Clerk's Office shall be assigned a complaint number consisting of the last two digits of the present year with consecutive numbers, starting with one (1) (e.g. 98-1). 3. The complaint copy sent to PCRB members shall have all references to police officer names and other identifying information deleted, although the reports of the Police Chief and City Manager shall identify the officers b¥ number as set forth in Section V of these procedures. 4. PCRB deadlines are established by Ordinance 01-3976. 5. A cop¥ of each complaint filed shall be provided to PCRB members in the next meeting packet. 6. Amendments to a complaint must be in written form. The complainant may withdraw the complaint at any time prior to the PCRB's issuance of its report to City Council. ~c .~ ~ ........digit ^c ,~ ......... ear with ...................... , foXh in Section V oftkcz: pressures. (broke do~ into steps A(2) t~ough A(3)) B. Proced~e for complaints subject to su~a~ dismissal 1. A complaint that appears to be ~timely filed or a complaint that does not involve the conduct of an Iowa Ci~ sworn police officer shall be handled in the same manner as outlined in subsection "A" qf the Complaint Process asgigned a provided in the Cib' Code. 2. A copy of the complaint shall be furnished to the Police Chief or City Manager, shall include with a cover letter from the PCRB indicating that it appears to be an untimely complaint or a complaint that does not involve the conduct of an Iowa City sworn police officer and will be reviewed by the PCRB Board at its next ~ meeting. ~; (moved to A($)) 3. The PCRB Board shall determine whether additional information is necessary to assess whether the complaint should be summarily dismissed and, if additional information is necessary, the method by which such information will be obtained. The methods available include an interview of the complainant by a subcommittee of the PCRB Board, a request to the complainant for a written submission on the issue presented and an investigation by the Board, but shall not include an invitation to the complainant to address the PCRB at a public meeting or an interview of the complainant at a public meeting. 4. Upon the completion of such investigation and the PCRB's Board'~ determination that additional information is not necessary p! il:, '~;~;~'~ ......... ~oard shall, by motion in open session, vote to determine whether the complaint will be dismissed under Section 8-8-3 (E) of the ordinance. The Board shall not discuss the facts or substance of the complaint at said open meeting. 5. If the PCRB Board dismisses the complaint, the staff shall.' fcv:,'ard a cop)' of the d~;~^~ *o *~ ~^';c~ ,~.~r or +'~ ~;" .......... d ~^ to a. Untimely Complaints: 1. Forward a copy of the decision to the Chief or City Manager including a cover letter stating that the complaint has been dismissed and that a report to the PCRB by the Chief or City Manager is not required by Chapter 8 of the Code. The copy going to the Chief or t~;,,, Manager i~ rc u:re vj .... ~. ........................ invc~tigation ~'~ '~^-~ 2. Forward a copy of the decision to the complainant including a cover letter advising that although the complaint has been dismissed and will not be reviewed by the PCRB, there is a method _for the complainant to file a complaint directly with the Iowa City Police include a to p"~su: t~ maker. 3. Fo~ard a cop~ qfl the decision to the Cit~ Council indicating the dismissal and referring to the section ofithe Ci~ Code. b. Complaints not involving a sworn Iowa Ci~ police oflficer: l. Fo~ard a cop~ qfi the decision to the Chi~fl or City Manager including a cover letter stating that the complaint has been dismissed and that a report to the PCRB b~ the Chief or Cit~ Manager is not required b~ Chapter 8 oflthe Code. 2. Fo~ard a cop~ oflthe decision to the complainant including a cover letter stating wh~ the complaint was dismissed. 3. Fo~ard a copy off the decision to the Cit~ Council indicating the dismissal and reflerring to the section ofl the Ci~ Code. 4. Iflthe PCRB determines the complaint shall not be dbmissed, it shall so advise the Police Chiefi or Ci~ Manager so that the in~esti~ation mav continue and make the required report to the PC~ investigation ~.a ~.,.~ ,t~;~ required .... ~ *0 ,t~ o~.o (moved to 50(4)) ................ .~p~.; ...... + ~.; ....~,~- c~ (moved to A(6)) : ......... ¢; ......... CiU, o ..... ;' (moved to A(7))