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HomeMy WebLinkAbout1998-11-17 ResolutionI 11-17-98 4e(1) Prepared by: Steve Nasby, CDBG Division, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248 RESOLUTION NO. 98-355 RESOLUTION ADOPTING THE AMENDED FY99 ANNUAL ACTION PLAN BUDGET WHICH IS A PART OF THE CONSOLIDATED PLAN AS MANDATED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, the U.S. Department of Housing and Urban Development (HUD) requires the City of Iowa City, Iowa, to prepare and submit an Annual Action Plan that is part of the Consolidated Plan (CITY STEPS) for the coordinated use of federal, state and local funds to assist lower income residents with housing, jobs and services; and WHEREAS, the City has disseminated information and received public input on the amended FY99 Annual Action Plan budget attached as Exhibit A; and WHEREAS, the Housing and Community Development Commission has recommended approval of said budget, as revised; and WHEREAS, the Annual Action Plan addresses the needs of low and households and helps achieve the goals set forth in the CITY STEPS Consolidated Plan; and moderate income Plan, Iowa City's WHEREAS, the City Council finds that the allocation of FY99 Community Development Block Grant and HOME Investment Partnership funds, as outlined in Exhibit A, is an essential part of the Annual Action Plan; and WHEREAS, the City Council finds that the public interest will be served by the adoption of the amended FY99 Annual Action Plan Budget and submission to the U.S. Department of Housing and Urban Development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City of Iowa City FY99 Annual Action Plan Budget, as amended and filed in the office of the City Clerk, be and the same is hereby approved and adopted. Passed and approved this 17th day of CITY CLERK November ,1998. Approved by City Attorney's Office ppdcdbg\res\amendbud.doc Resolution No. 98-355 Page __2_ It was moved by Norton and seconded by adopted, and upon roll call there were: Thornberry the Resolution be AYES: NAYS: ABSENT: X X X X × X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Exhibit A FY99 CDBG\HOME BUDGET ECONOMIC DEVELOPMENT PROJECTS Business Expansion: Torus Precision Optics May 12, 1998 Allocation $ 75,000 Nov. 17, 1998 Revised BudGet $ 75,000 PUBLIC FACILITIES PROJECTS Facility Rehabilitation: Neighborhood Centers of Johnson Cty. Shelter Rehabilitation: Emergency Housing Project Facility Rehabilitation: Community Mental Health Center Acquisition of Building: Iowa Center for AIDS Resources & Ed. AcquisitionM:lehabilitation: Crisis Center $ 12,500 $ 25,945 $ 20,140 $ 120,000 $ 0 $ 12,500 $ 25,945 $ 20,140 $ 120,000 $ 25,000 PUBLIC SERVICE PROJECTS Furniture Project: Domestic Violence Intervention Program Transitional Housing Support Services: Successful Living Transitional Housing Support Services: HACAP Aid to Agencies Food Storage and Distribution: Salvation Army 8,300 11,000 10,687 105,000 0 $ $ $ $ $ 8,300 11,000 10,687 105,000 8,550 HOUSING PROJECTS Acquisition & Rehabilitation: Greater I.C. Housing Fellowship First Home Program: City of Iowa City Senior Rental Housing Construction: Riverview Place Apts. Housing Rehabilitation: City of Iowa City Small Repair Program: EldeHy Services Agency Tenant Based Rent Assistance: Iowa City Housing Authority Tenant to Owner Program: Iowa City Housing Authority $ 300,040 $ 30,000 $ 90,000 $ 384,388 $ 26,000 $ 100,000 $ 77,000 $ 300,040 $ 30,000 $ 90,000 $ 384,388 $ 26,000 $ 100,000 $ 77,000 ADMINISTRATION HOME Program Administration CDBG Program Administration and Planning $ 59,700 $ 145,300 59,700 145,300 CONTINGENCY Unprogrammed Funds (CDBG) Unprogrammed Funds (HOME) $ 25,000 $ 60,0O0 58,450 60,000 FY99 TOTAL BUDGET $1,686,000 $1,753,000 ppdcdbgVes~amendbud.doc City of Iowa City MEMORANDUM DATE: TO: FROM: RE: November 12, 1998 City Council Maurice Head, Community Development Coordinator Steve Nasby, Associate Planner~ / FY99 Annual Action Plan Budget Amendments Over the last several months the Housing and Community Development Commission has made some minor budget amendments and had a de-obligation of CDBG funds. To keep the budget formally updated these changes need to be sent to HUD for approval. We are requesting that the City Council formally recommend approval of the proposed amendments to the FY99 Annual Action Plan budget. The Housing and Community Development Commission received public input and recommended approval of these amendments at their October 15th meeting. There are three budget amendments to the FY99 CDBG\HOME budget. These changes are as follows: The Crisis Center was awarded $25,000 in FY99 CDBG funds, from the Unprogrammed Funds account, to complete their acquisition and rehabilitation project (1121 Gilbert Court). This amendment raised their total CDBG allocation (FY98 and FY99) to 8225,000. Heartland Candleworks withdrew their request for CDBG funding, to purchase equipment, totaling 867,000. These were FY98 CDBG funds that were returned to the Unprogrammed Funds account. Salvation Army was awarded 88,550 for the Food Storage and Distribution project, as an emergency request· Funding will be taken from the Unprogrammed Funds account. Due to the nature and amount of these budget amendments a formal public hearing process was not required under Iowa City's Citizen Participation Plan. If you have any questions please call Steve Nasby or Steve Long at 356-5230. PUBLIC NOTICE The City of Iowa City has available an amended FY99 Annual Action Plan budget for the use of Community Development Block Grant (CDBG) and HOME Investment Partnerships program (HOME) funds. The amended budget describes the federally funded activities to be undertaken during the 1999 fiscal year (July 1, 1998 to June 30, 1999). Copies of the amended FY99 Annual Action Plan budget are available to the public at the Planning and Community Development Department, 410 East Washington Street. The Housing and Community Development Commission held a public hearing on the amended budget on October 15, 1998 and recommended its approval. The City Council will be voting on the approval of said FY99 Annual Action Plan budget, as amended, at its November 17, 1998 meeting. Additional information is available from the Department of Planning and Community Development, 410 East Washington Street, Iowa City, Iowa, 52240 or by calling 356-5230. Prepared by: Terry Trueblood, Parks & Rec.. 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110 RESOLUTION NO. 98-356 RESOLUTION ACCEPTING THE WORK FOR THE REMOVAL AND REPLACEMENT OF THE ROOF AND INSULATION ON THE CIVIC CENTER. WHEREAS, the Engineering Division has recommended that the work for replacement of two sections of the Civic Center roof, as included in a contract, between the City of Iowa City and Maintenance Associates of Marion, Iowa, dated September 9, 1997, be accepted; and WHEREAS, the performance and payment bond has been filed in the City Clerk's office. 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 17t, h day of NovembeY' , 19 98 · ATTEST: CIT~LERK ' ~ MAYOR Approved by It was moved by Norton and seconded by adopted, and upon roll call there were: Thornberry the Resolution be pwengvesvoof..~c,doc AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thomberry Vanderhoef Prepared by: Rob Winstead, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. 98-357 RESOLUTION ACCEPTING THE WORK FOR THE IOWA CITY DOWNTOWN STREETSCAPE, PHASE I IMPROVEMENTS PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Iowa City Downtown Streetscape, Phase I Improvements, as included in a contract between the City of Iowa City and All American Concrete Inc. of West Liberty, Iowa, dated July 17, 1998, be accepted; and WHEREAS, the performance and payment bond has been filed in the City Clerk's office. 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 17th day of November' , 19 98 · ATTEST:C~ rove City Attorney's Office It was moved by Nor'ton and seconded by adopted, and upon roll call thero were: Thor'nbe r'r'.y the Resolution be AYES: NAYS: ABSENT: X X X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef pwengVes~streetsi.doc ENGINEER'S REPORT November 12, 1998 Honorable Mayor and City Council Iowa City, Iowa Re: Iowa City Downtown Streetscape, Phase I Improvements Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the Iowa City Downtown Streetscape, Phase I Improvements has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The final contract price is $663,034.61. I recommend that the above-referenced improvements be accepted by the City of Iowa Sincerely, City Engineer 410 EAST WASHINGTON STREET , IO~'A CITY, IOWA 52240-1826 , (319) 356-5000 · FAX (319) 356-5009 Prepared by: Robed Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 RESOLUTION NO. 98-358 RESOLUTION APPROVING THE VOLUNTARY ANNEXATION OF APPROXIMATELY 19.81 ACRES LOCATED AT THE SOUTHEAST CORNER OF SCO'I'I' BOULEVARD AND AMERICAN LEGION ROAD. WHEREAS, the Sunrise Padners (hereinafier "Owner") owns 19.53 acre parcel of land located at the southeast corner of Scott Boulevard and American Legion Road; and WHEREAS, Owner has requested annexation of the 19.53 acre tract into the City of Iowa City, Iowa; and WHEREAS, pursuant to Iowa Code §368.5 and 368.7 (1997), notice of the application for annexation was sent by certified mail to the Johnson County Board of Supervisors, each affected public utility, and the East Central Iowa Council of Governments; and WHEREAS, none of these entities have objected to the proposed annexation; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed annexation and has recommended approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The following described land should be voluntarily annexed to the City of Iowa City, Iowa: Commencing at the West Quarter Corner of Section 18, Township 79 North, Range 5 West, of the Fifth Principal Meridian; Thence S00°05'00"E, along the West Line of Said Section 18, 298.32 feet; Thence S89°10'48"E, 50.01 feet, to the Point of Beginning; Thence continuing S89°10'48"E, 250.03 feet; Thence N00°05'00"W 300.04 feet, to a Point on the Centerline, of American Legion Road; Thence S89°10'48"E, along said Centerline, 611.71 feet, to its intersection with the Northerly Projection of the West Line of Lot 1, of Church of Chdst Subdivision, in accordance with the Plat thereof Recorded in Plat Book 30, at Page 280, of the Records of Johnson County Recorder's Office; Thence S00°00'39"W, along said Projection and West Line, and the Southerly Projection thereof, 1082.99 feet, to the Northeast Corner of Lot 1, of Bob & Erma's Subdivision, in accordance with the Plat thereof Recorded in Plat Book 33, at Page 344, of the Records of the Johnson County Recorder's Office; Thence S89°58'02"W, along the North Line of said Lot 1, a distance of 859.91 feet~ to the Northwest Corner thereof, and a Point on the Easterly Right-of-Way Line of Scott Boulevard; Thence N00°05'00"W, along said Easterly Right-of-Way Line, 795.78 feet, to the Point of Beginning. Said tract of land contains 19.81 acres, more or less, and is subject to easements and restrictions of record. Resolution No. 98-358 Page 2 The City Clerk is hereby authorized and directed to certify, file and record all necessary documents as required by Iowa law under §368.7 (1997) at Owner's expense. Further, the City Clerk is hereby authorized and directed to certify and file all necessary documents for certification of the population of the annexed territory to Johnson County and the State Treasurer, said population being zero. Passed and approved this 17th day of November ,1998. ATTEST:~~. ~ ClT~CLERK It was moved by Thornberry adopted, and upon roll call there were: and seconded by Norton the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef ppdadminVes~x~birma.doc PAUL D. PATE SECRETARY OF STATE HOOVER BUILDING STATE OF IOWA DES MOINES, IOWA 50319 TEL (515) 281-5204 FAX (515) 242-5953 December 11, 1998 Iowa City City Clerk 410 East Washington Street Iowa City, IA 52240-1826 RE: Resolution #98-358 approving voluntary annexation to the City of Iowa City Dear City Clerk: You are hereby notified that the resolution, plat map and other documents pertaining to the voluntary annexation of territory to the City of Iowa City have been reviewed by this office and comply with the requirements of Section 368.7, Code of Iowa. You may consider the annexation filed as of December 11, 1998. Sincerely, Paul D. Pate Secretary of State PP/db Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 RESOLUTION NO. 98-359 RESOLUTION APPROVING THE ANNEXATION OF APPROXIMATELY 4.45 ACRES, OCCUPIED BY THE COURT STREET RIGHT-OF-WAY, LOCATED AT THE EAST TERMINUS OF COURT STREET. WHEREAS, the City of Iowa City has acquired approximately 4.45 acres of property located east of the current terminus of Court Street as public right-of-way for the extension of Court Street; and WHEREAS, the City desires to annex the 4.45 acre tract into the City of Iowa City, Iowa; and WHEREAS, pursuant to Iowa Code §368.5 and 368.7 (1997), notice of the application for annexation was sent by certified mail to the Johnson County Board of Supervisors, each affected public utility, the Johnson County Council of Governments, and the East Central Iowa Council of Governments; and WHEREAS, none of these entities have objected to the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The following described land should be annexed into the City of Iowa City, Iowa; Beginning at the Southeast Corner of the Southwest Quarter of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian; thence N88°43'59"W, along the South Line of said Southwest Quarter, 1036.36 feet; thence S14°38'50"W, 2.38 feet, to the Northeast Corner of Scott Boulevard East, Part One, in accordance with the plat thereof recorded in Plat Book 31, at Page 131, of the records of the Johnson County Recorder's Office; thence N88°53'21"W, along the North Line of said Scott Boulevard East, Part One, a distance of 683.17 feet; thence N00°39'55'M/, along said North Line, and the East Line of Scott Boulevard East, Part Two, in accordance with the plat thereof recorded in Plat Book 33, at Page 225, of the Records of the Johnson County Recorder's Office, 75.04 feet; thence S88°53'21"E, 9.02 feet; thence Northeasterly, 75.34 feet, along a 1360.00 foot radius curve, concave Northwesterly, whose 75.33 foot chord bears N89°31'26"E; thence N87°56'13"E, 103.03 feet; thence Northeasterly, 79.77 feet, along a 1440.00 foot radius curve, concave Southeasterly, whose 79.76 foot chord bears N89°31'26"E, thence S88°53'21"E, 771.32 feet; thence Northeasterly, 372.64 feet, along a 960.00 foot radius curve, concave Northwesterly, whose 370.30 foot chord bears N79°59'27"E; thence N68°52'14"E, 114.88 feet; thence Northeasterly, 203.49 feet, along a 1040.00 foot radius curve, concave Southeasterly, whose 203.16 foot chord bears N74°28'33"E; thence N80°04'52"E, 14.62 feet, to a Point on the East Line of said Southwest Quarter of Section 7; thence S00°05'18"E, along said East Line, 261.42 feet, to the Point of Beginning. Said parcel of land contains 4.45 acres, more or less, and is subject to easements and restrictions of record. The City Clerk is hereby authorized and directed to certify, file and record all necessary documents as required by Iowa Law under §368.7 (1997). Resolution No. 98-359 Page 2 Further, the City Clerk is hereby authorized and directed to certify and file all necessary documents for certification of the population of the annexed territory to Johnson County and the State Treasurer, said population being zero. Passed and approved this 17 th day of November' ,1998. ATTEST:Ci~%'~c')RK ,,~' ~ -.,) MAYOR It was moved by Thornberry and seconded by adopted, and upon roll call them were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef ppdadminVes%courtst.doc PAUL D. PATE SECRETARY OF STATE I'~OOVER BUILDING STATE OF IOWA DES MOINES, IOWA 50319 TEL (515) 281-5204 FAX (515) 242-5953 December 11, 1998 Iowa City City Clerk 410 East Washington Street Iowa City, IA 52240-1826 RE: Resolution #98-359 approving voluntary annexation to the City of Iowa City Dear City Clerk: You are hereby notified that the resolution, plat map and other documents pertaining to the voluntary annexation of territory to the City of Iowa City have been reviewed by this office and comply with the requirements of Section 366.7, Code of Iowa. You may consider the annexation filed as of December 11, 1998. Sincerely, Paul D. Pate Secretary of State PP/db 11-17-98 6h Prepared by: Scott Kugler, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT OF GALWAY HILLS, PART FIVE, IOWA CITY, IOWA. WHEREAS, the owner, Dan-Ed Ltd., filed with the City Clerk the final plat of Galway Hills, Part Five, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Commencing at the Northeast Corner of the Northwest Quarter of the Fractional Northeast Quarter of Section 18, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence S00°10'02"E, along the East Line of said Northwest Quarter, 50.00 feet, to a Point on the Southerly Right-of-Way Line of Melrose Avenue, and the POINT OF BEGINNING; Thence continuing S00°10'02"E, along said East Line, 762.84 feet; Thence S89°49'58"W, 325.50 feet; Thence S66°52'27"W, 177.18 feet; Thence Southeasterly, 25.82 feet, along a 402.32 foot radius curve, concave Southwesterly, whose 25.82 foot chord bears S21°17'14"E; Thence S70°33'05"W, 66.00 feet; Thence Northwesterly, 49.36 feet, along a 30.00 foot radius curve, concave Southwesterly, whose 43.98 foot chord bears N66°35'12"W; Thence S66016'32"W, 21.09 feet; Thence Southwesterly, 38.18 feet, along a 497.37 foot radius curve, concave Northwesterly, whose 38.17 foot chord bears S68°28'28"W; Thence N19°19'36"W, 200.23 feet; Thence S88043'34"W, 38.61 feet; Thence N00034'26"W, 147.04 feet; Thence Northwesterly, 41.45 feet, along a 375.00 foot radius curve, concave Northeasterly, whose 41.42 foot chord bears N87024'28"W; Thence N05045'30"E, 345.14 feet; Thence N00°35'36"W, 196.27 feet, to a Point on the Southerly Right-of-Way Line of Melrose Avenue; Thence N89°24'24"E, along said Right-of-Way Line, 749.42 feet, to the Point Of Beginning. Said Tract of land contains 13.63 acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1997) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Resolution No.. Page 2 The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside podions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this day of ,1998. ATTEST: CITY CLERK It was moved by adopted, and upon roll call there were: AYES: ppdadminVes~galway5b,doc MAYOR City d by //-~ and seconded by the Resolution be NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thomberry Vanderhoef STAFF REPORT To: Planning and Zoning Commission Item: SUB98-0026. Galway Hills, Part 5 - Final GENERAL INFORMATION: Applicant: Contact person: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: Applicable Code requirements: File date: 45-day limitation period: BACKGROUND INFORMATION: Prepared by: Scott Kugler Date: November 5, 1998 Dav-ed Limited 317 N. Seventh Avenue Iowa City, Iowa 52245 Phone: 354-0581 MMS Consultants 1917 S. Gilbert St. Iowa City, IA 52240 Phone: 351-8282 Final plat approval To create an 8-lot residential subdivision South side of Melrose Avenue, west of West High School 13.63 acres Vacant, OPDH-8, RS-5 North: East: South: West: Undeveloped, P; West High School, P; Undeveloped, RS-5; Residential, RS-5. 2 to 8 dwelling units per acre Chapter 14-7, Land Subdivisions October 15, 1998 November 29, 1998 The applicant, Dav-ed Limited, has requested a final plat of Galway Hills, Part 5, a 13.63 acre, eight-lot residential subdivision located on the south side of Melrose Avenue, west of West High School. A portion of this property, consisting of seven residential lots along the west side of the proposed Dublin Drive, lies within RS-5, Low Density Single-Family Residential Zone. The other lot (Lot 117) is 10 acres in size and was rezoned earlier this year to OPDH-8, Planned Development Housing Overlay/Medium Density Single-Family Residential, to allow an 80-unit senior housing development. The applicant has not yet submitted a final OPDH plan for approval, and therefore the OPDH zoning has not yet been finalized. The applicant has two years within which to file the final plan or the rezoning of the property is voided. Lot 117 appears to have adequate room to be developed into single-family lots should the rezoning for the senior housing development expire. ANALYSIS: The proposed plat appears to be in general conformance with the City's subdivision regulations, with a few exceptions as noted below. Legal papers and construction drawings have been submitted and are under review. Both will have to be approved prior to City Council consideration of the final plat. Technical deficiencies associated with the plat must be addressed prior to the Commission's vote. It is anticipated that the outstanding items will be corrected prior to the November 5 meeting. Streets/Access: Three new streets are being proposed with this final plat. Dublin Drive, a proposed collector street, would provide access to Melrose Avenue, and would serve as the second access for the overall Galway Hills development at some point in the future as additional platting occurs on the property. Another access to the property is planned to be established to the south as additional phases of Galway Hills and Walden Hills are developed. Dublin Drive is expected to connect, directly or indirectly, with Shannon Drive to the south and provide access for the development to Rohret Road. The applicant has submitted concept plans previously indicating how this connection might occur, but the exact configuration of this connection has not yet been finalized. Based on the concept plan and the amount of property remaining to be platted, staff feels that the platting of Dublin Drive in the manner proposed will not preclude a well designed connection to Shannon Drive in the future. The two other proposed streets, Kearney Lane and Killarney Road, are stub streets that will eventually connect to similarly named stub streets to the west that were platted along with Galway Hills, Part 1. The connection of these two streets, along with other street connections planned to the south, will provide needed secondary access to the Galway Hills development and some internal circulation within the neighborhood. The plat contains a note prohibiting direct vehicular access to Melrose Avenue from lots 117 and 118. There should also be a note prohibiting access to Dublin Drive from lots 122, 123, and 124. Dublin Drive is a collector street. Although driveways are permitted on collector streets, where alternatives exist local or side streets should be utilized. The Parks and Recreation Commission has recommended that an eight-foot wide sidewalk be established on the east side of Dublin Drive, to be eventually continued south to connect with the Willow Creek Trail. This should be provided for on the plat and construction drawings, and in the legal papers. The City will pay the over-width paving costs for this sidewalk. Sanitary Sewer: The applicant has reached an agreement with the University of Iowa and the Iowa City School District regarding the alignment of a sanitary sewer route to serve this development. On University property, the Board of Regents has granted an easement to the City for the construction of the sanitary sewer line. The developer will assume responsibility for the construction of the sewer. Although this sewer is primarily off-site, the legal papers or other agreements should explicitly note what the City's and developer's responsibilities are with regard to this project, and should provide adequate assurance that the City will not ultimately be responsible for its construction should the developer not follow through with this obligation. Storm Water Management: Preliminary storm water calculations have been submitted and are under review. However, no storm water management facility easement is shown on the plat. This will have to be addressed prior to the Commission's vote on this item. The preliminary plat indicated that a storm water basin was to be constructed along the east property line on Lot 117. Open Space: Required open space for this development was addressed in a conditional zoning agreement when this property was initially proposed for development. The CZA required the dedication of 6 acres of open space, mainly along Willow Creek to the south. A portion of this requirement has been met, with the balance to be dedicated as future phases of the subdivision are platted. No open space will be dedicated for this phase of the development. During the preliminary plat review for Part 5, there was discussion of establishing a walkway immediately to the south of Lot 117 to connect Galway Hills to West High School. This issue should be addressed when that phase of the development is platted. STAFF RECOMMENDATION: Staff recommends that SUB98-0026 be deferred pending resolution of the deficiencies and discrepancies listed below. Upon resolution of these items, staff recommends that the request for a final plat of Galway Hills, Part 5, be approved, subject to the approval of legal papers and construction drawings prior to City Council consideration of the plat. DEFICIENCIES AND DISCREPANCIES: 1. Storm water management facility easement must be shown on the plat. OWNERS/SUBDIVIDERS need not be plural, and OWNERS ATTORNEY should have an apostrophe. Access restrictions should be noted on the plat for lots 122, 123, and 124 prohibiting access to Dublin Drive. ATTACHMENTS: 1. Location map. 2. Final plat. Approved by: Karl Frankl[n,D~ire~ ~f Planning and Community Development '~. .-~g~ =l <0 Z '1 ' ' '~q'Rk ll~EK B LEVARD MORMON 'I'REK BOUI FVARD . I11-17-98 14 Whereupon, Council Member Thornberry introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF $8,400,000 GENERAL OBLIGATION BONDS", and moved: that the Resolution be adopted. D to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at o'clock __.M. on the day of ,1998, at this place. Council Member called and the vote was, Vanderhoef seconded the motion. The roll was AYES: Champion, Kubb.v, Lehman, Norton, 0'Donnell, Thornberry, Vanderhoef NAYS: None Whereupon, the Mayor declared the measure duly adopted. Resolution No. 98-360 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF $8,400,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of $8,400,000 General Obligation Bonds for the essential corporate purpose of paying costs of the construction, reconstruction, and repairing of sidewalks and street improvements; the acquisition, installation, and repair of street lighting fixtures; the construction, reconstruction, enlargement, improvement, and repair of bridges; the construction, reconstruction, extension, improvement, and equipping of works and facilities useful for the collection and disposal of surface waters and streams; the rehabilitation and improvement of existing city parks; and the reconstruction, extension and improvement of the Municipal Airport, including acquisition of land, and has considered the extent of objections received from'residents or property owners as to said -12- proposed issuance of bonds; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council does hereby institute proceedings and takes additional action for the sale and issuance in the manner required by law of $8,400,000 General Obligation Bonds for the foregoing essential corporate purpose. Section 2. That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2, because the City reasonably expects to reimburse with the proceeds of the Bonds, all or a portion of original expenditures incurred in connection with the above purpose. Section 3. The Clerk is authorized and directed to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to the Council. PASSED AND APPROVED this 17th day of November ,1998. Mayor ATTEST: -13- Whereupon, Council Member Thornberry introduced and delivered to the Clerk the Resolution hereinaf~er set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS", and moved: that the Resolution be adopted. D to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at o'clock __.M. on the day of ,1998, at this place. Council Member called and the vote was, O'Donnell seconded the motion. The roll was AYES: Lehman, Norton, O'Donnell, Thornberry, VandPrhnRf, Champinn NAYS: Kubby Whereupon, the Mayor declared the measure duly adopted. Resolution No. 98-361 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, the Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $700,000 General Obligation Bonds for a general corporate purpose, in order to provide funds to pay costs of the reconstruction, improvement and equipping of the Civic Center, and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof: -14- NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $700,000 General Obligation Bonds for the foregoing general corporate purpose. Section 2. That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2, because the City reasonably expects to reimburse with the proceeds of the Bonds, all or a portion of the original expenditures incurred in connection with the above purpose. Section 3. The Clerk is authorized and directed to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to the Council. PASSED AND APPROVED this 17th day of November ,1998. Mayor ATTEST: -15- Whereupon, Council Member Norton introduced and delivered to the Clerk the Resolution hereinaiter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $470,000 GENERAL OBLIGATION BONDS", and moved: that the Resolution be adopted. D to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at o'clock __.M. on the day of ,1998, at this place. Council Member called and the vote was, Vanderhoef seconded the motion. The roll was AYES: Kubbv, Lehman, Norton, O'Donnell, Thornberry, Vand~rhnPf, Champinn NAYS: None Whereupon, the Mayor declared the measure duly adopted. Resolution No. 98-362 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $470,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, the Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $470,000 General Obligation Bonds for a general corporate purpose, in order to provide funds to pay costs of the improvement and equipping of the Public Library, including computer replacement and ICN Room, and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof: -16- NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $470,000 General Obligation Bonds for the foregoing general corporate purpose. Section 2. That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2, because the City reasonably expects to reimburse with the proceeds of the Bonds, all or a portion of the original expenditures incurred in connection with the above purpose. Section 3. The Clerk is authorized and directed to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to the Council. PASSED AND APPROVED this 17th day of November ,1998. Mayor ATTEST: -17- Whereupon, Council Member Thornberry introduced and delivered to the Clerk the Resolution hereinaf~er set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS", and moved: that the Resolution be adopted. D to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at o'clock __.M. on the day of ,1998, at this place. Council Member called and the vote was, Vanderhoef seconded the motion. The roll was AYES: Norton, O'Donnell, Thornberry, Vanderhoef, Champion, Lehman NAYS: Kubby Whereupon, the Mayor declared the measure duly adopted. Resolution No. 98-363 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, the Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $700,000 General Obligation Bonds for a general corporate purpose, in order to provide funds to pay costs of the improvement and equipping of the police station, and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof: -18- NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $700,000 General Obligation Bonds for the foregoing general corporate purpose. Section 2. That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2, because the City reasonably expects to reimburse with the proceeds of the Bonds, all or a portion of the original expenditures incurred in connection with the above purpose. Section 3. The Clerk is authorized and directed to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to the Council. PASSED AND APPROVED this 17 th day of November 1998. Mayor ATTEST: ~.~.~'~*~,~ :~. City Clerk -19- 11-17-98 18 Whereupon, Council Member Thornberry introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS", and moved: that the Resolution be adopted. D to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at o'clock __.M. on the day of ,1998, at this place. Council Member called and the vote was, Vanderhoef seconded the motion. The roll was AYES: 0'Donnell, Thornberry, Vanderhoef, Champion, Kubby, Lehman, Norton NAYS: None Whereupon, the Mayor declared the measure duly adopted. Resolution No. 98-364 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, the Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $700,000 General Obligation Bonds for a general corporate purpose, in order to provide funds to pay costs of the acquisition, improvement and equipping of a public works facility and building, and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof: -20- NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $700,000 General Obligation Bonds for the foregoing general corporate purpose. Section 2. That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2, because the City reasonably expects to reimburse with the proceeds of the Bonds, all or a portion of the original expenditures incurred in connection with the above purpose. Section 3. The Clerk is authorized and directed to proceed on behalf of the City with the sale of said bonds, to select a dam for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to the Council. PASSED AND APPROVED this 17th day of November ,1998. Mayor ATTEST: City Clerk -21- 11-17-98 19 Whereupon, Council Member Vanderhoef introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS", and moved: rn that the Resolution be adopted. to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at o'clock .M. on the day of ,1998, at this place. Council Member called and the vote was, Norton seconded the motion. The roll was AYES: Thornberry. Vanderhoef. Champion, Kubby, Lehman, Norton, 0'Donnell NAYS: None Whereupon, the Mayor declared the measure duly adopted. Resolution No. 98-365 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, the Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $700,000 General Obligation Bonds for a general corporate purpose, in order to provide funds to pay costs of the acquisition and equipping of a recreation building, and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: -22- Section 1. That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $700,000 General Obligation Bonds for the foregoing general corporate purpose. Section 2. That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2, because the City reasonably expects to reimburse with the proceeds of the Bonds, all or a portion of the original expenditures incurred in connection with the above purpose. Section 3. The Clerk is authorized and directed to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to the Council. PASSED AND APPROVED this 17th day of November ,1998. Mayor ATTEST: -23- 11-17-98 2oh, Whereupon, Council Member Thornberry introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $330,000 GENERAL OBLIGATION BONDS", and moved: that the Resolution be adopted. D to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at o'clock __.M. on the day of ,1998, at this place. Council Member called and the vote was, 0'Donnell seconded the motion. The roll was AYES: Vanderhoef, Champion, Kubby, Lehman,Norton, O'DnnnPll, ThnrnhPrry NAYS: None Whereupon, the Mayor declared the measure duly adopted. Resolution No. 98-366 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $330,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, the Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $330,000 General Obligation Bonds for a general corporate purpose, in order to provide funds to pay costs of the improvement and equipping of recreation grounds, including the South Site Soccer Fields, and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof: -24- NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $330,000 General Obligation Bonds for the foregoing general corporate purpose. Section 2. That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2, because the City reasonably expects to reimburse with the proceeds of the Bonds, all or a portion of the original expenditures incurred in connection with the above purpose. Section 3. The Clerk is authorized and directed to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to the Council. PASSED AND APPROVED this 17 th day of November ,1998. Mayor ATTEST: City Clerk -25- 11-17-98 Whereupon, Council Member Vanderhoef introduced and delivered to the City Clerk the Resolution hereinaf~er set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $8,000,000 SEWER REVENUE BONDS," and moved its adoption. Council Member Norton seconded the motion to adopt. The roll was called and the vote was, AYES: Champion, Kubby, Lehman, Norton,O'Donnell, Thornberry, Vanderhoef. NAYS: None Whereupon, the Mayor declared said Resolution duly adopted as follows: Resolution No. 98-367 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $8,000,000 SEWER REVENUE BONDS WHEREAS, pursuant to notice published as required by law, a public meeting and hearing has been held upon the proposal to institute proceedings for the issuance of $8,000,000 Sewer Revenue Bonds for the purpose of paying costs of extending, improving and equipping the sanitary sewer utility of the City; and the extent of objections received from residents or property owners as to said proposed issuance of bonds has been fully considered; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this governing body does hereby institute proceedings and takes additional action for the sale and issuance in the manner required by law of $8,000,000 Sewer Revenue Bonds for the foregoing purpose. Section 2. That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2, because the City reasonably expects to -26- reimburse with the proceeds of the Bonds, all or a portion of original expenditures incurred in connection with the above purpose. Section 3. The Clerk is authorized and directed to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and otherwise to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to this governing body. PASSED AND APPROVED, this ATTEST: 17th day of November ,1998. Mayor Clerl~ -27- Whereupon, Council Member Thornberry introduced and delivered to the City Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $9,200,000 WATER REVENUE BONDS," and moved its adoption. Council Member Norton seconded the motion to adopt. The roll was called and the vote was, AYES: Lehman, Norton, O'Donnell, Tnornberry, Vanderhoef, Champion, Kubby NAYS: None Whereupon, the Mayor declared said Resolution duly adopted as follows: Resolution No. 98-368 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $9,200,000 WATER REVENUE BONDS WHEREAS, pursuant to notice published as required by law, a public meeting and hearing has been held upon the proposal to institute proceedings for the issuance of $9,200,000 Water Revenue Bonds for the purpose of paying costs of extending, improving and equipping the water utility of the City; and the extent of objections received from residents or property owners as to said proposed issuance of bonds has been fully considered; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this governing body does hereby institute proceedings and takes additional action for the sale and issuance in the manner required by law of $9,200,000 Water Revenue Bonds for the foregoing purpose. Section 2. That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2, because the City reasonably expects to -28- reimburse with the proceeds of the Bonds, all or a portion of original expenditures incurred in connection with the above purpose. Section 3. The Clerk is authorized and directed to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale infonnation as may appear appropriate, to publish and distribute the same on behalf of the City and otherwise to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to this governing body. PASSED AND APPROVED, this 17th day of November ,1998. Mayor ATTEST: Clerk -29- J11-17-98 23 b. Whereupon, Council Member Thornberry introduced and delivered to the City Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $10,000,000 PARKING SYSTEM REVENUE BONDS," and moved its adoption. Council Member 0' Donne 11 seconded the motion to adopt. The roll was called and the vote was, AYES: Lehman, Norton, O'Donnell, Thornberry, Vanderhoef, Champion NAYS: Kubby Whereupon, the Mayor declared said Resolution duly adopted as follows: Resol utj on No. 98-369 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $10,000,000 PARKING SYSTEM REVENUE BONDS WHEREAS, pursuant to notice published as required by law, a public meeting and hearing has been held upon the proposal to institute proceedings for the issuance of $10,000,000 Parking System Revenue Bonds for the purpose of paying costs of extending, improving and equipping the parking facilities system of the City, including the construction of a multi-level facility for the parking of vehicles to be located at or near the south side of Iowa Avenue between Linn Street and Gilbert Street; and the extent of objections received from residents or property owners as to said proposed issuance of bonds has been fully considered; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this governing body does hereby institute proceedings and takes additional action for the sale and issuance in the manner required by law of $10,000,000 Parking System Revenue Bonds for the foregoing purpose. -30- Section 2. That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2, because the City reasonably expects to reimburse with the proceeds of the Bonds, all or a portion of original expenditures incurred in connection with the above purpose. Section 3. The Clerk is authorized and directed to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and otherwise to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to this goveming body. PASSED AND APPROVED, this 17th day of November , 1998. Mayor ATTEST: PGOODRIC\ 159714\ I \ i 0714050 -31- 11-17-98 28 Prepared by: Kim Johnson, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 98-370 RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE UNIVERSITY OF IOWA, FOR TEMPORARY USE OF PUBLIC RIGHTS-OF-WAY FOR PORTIONS OF PRENTISS, MADISON AND CAPITOL STREETS IN IOWA CITY, IOWA. WHEREAS, the University of Iowa, hereafter "University", will be undertaking the construction of the University Services Building located on Block 13, County Seat Addition in Iowa City, Iowa; and WHEREAS, the University construction will take place adjacent to its property along the south edge of Prentiss Street, west edge of Capitol Street, and east edge of Madison Street, and the University wishes to facilitate the safe execution of said construction and to secure the construction site from pedestrian traffic to assure safe passage of such traffic in the area; and WHEREAS, the University has requested the City permit the temporary closure of a portion of the sidewalks on the south side of Prentiss Street between Madison and Capitol Streets, on the west side of Capitol Street between Prentiss Street and Iowa Interstate Railroad and on the east side of Madison Street between Prentiss Street and Iowa Interstate Railroad; and WHEREAS, the City of Iowa City, Iowa is responsible for the care, supervision, and control of public right-of-way; and WHEREAS, the Department of Public Works has reviewed the proposed temporary closure of portions of the sidewalk on the south side of Prentiss Street between Madison and Capitol Streets on the west side of Capitol Street between Prentiss Street and Iowa Interstate Railroad and on the east side of Madison Street between Prentiss Street and Iowa Interstate Railroad, and finds the temporary closure to be a minimal intrusion into the public right-of-way, and also finds that such temporary closure is in the public interest; and WHEREAS, an agreement for the temporary use of the public rights-of-way containing such conditions has been prepared and is attached to this resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: It is in the public interest to temporarily close a portion of a City sidewalk adjacent to University property along the south edge of Prentiss Street, west edge of Capitol Street, and east edge of Madison Street in Iowa City, Iowa in order to assure a safe construction site for the construction of the University Services Building, and thereby ensure public safety. Such temporary sidewalk closing shall take effect beginning November 18, 1998 and end upon substantial completion of the construction, but no later than January 1,2000. Resolution No. 98-370 Page 2 The Agreement for Temporary Use of Public Right-of-Way attached hereto and incorporated by reference herein is hereby approved as to form and content, and the Mayor is hereby authorized to execute and the City Clerk to attest the Temporary Agreement for and on behalf of the City of Iowa City, for recordation in the Johnson County Recorder's Office, at the University's expense. Passed and approved this 17th day of November ,1998. ATTEST: CI~"~LEC~K City Attorney's Office It was moved by Thornberry and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: X X X X X x X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef pweng~res/serVouil.doc Prepared by: Kim Johnson, 410 E. Washington St.. Iowa City, IA 52240 (319) 356-5139 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA, FOR TEMPORARY USE OF PUBLIC RIGHTS-OF-WAY FOR PORTIONS OF PRENTISS, MADISON AND CAPITOL STREETS OF IN IOWA CITY, IOWA. WHEREAS, the University of Iowa, hereafter "University", will be undertaking the construction of the University Services Building located on Block 13, County Seat Addition in Iowa City, Iowa; and WHEREAS, the University construction will take place adjacent to its property along the south edge of Prentiss Street west edge of Capitol Street, and east edge of Madison Street, and the University wishes to facilitate the safe execution of said construction and to secure the construction site from pedestrian traffic to assure safe passage of such traffic in the area; and WHEREAS, the University has requested the City permit the temporary closure of a portion of the sidewalks on the south side of Prentiss Street between Madison and Capitol Streets, on the west side of Capitol Street between Prentiss Street and Iowa Interstate Railroad and on the east side of Madison Street between Prentiss Street and Iowa Interstate Railroad; and WHEREAS, the City of Iowa City, Iowa is responsible for the care, supervision, and control of public right-of-way; and WHEREAS, the Department of Public Works has reviewed the proposed temporary closure of portions of the sidewalk on the south side of Prentiss Street between Madison and Capitol Streets on the west side of Capitol Street between Prentiss Street and Iowa Interstate Railroad and on the east side of Madison Street between Prentiss Street and Iowa Interstate Railroad, and finds the temporary closure to be a minimal intrusion into the public right-of-way, and also finds that such temporary closure is in the public interest; and NOW, THEREFORE, in mutual consideration of the promises herein, University and the City agree as follows: The University will be undertaking construction of the University Services Building located on this property on Block 13, County Seat Addition in Iowa City, Iowa. In order to facilitate the safe execution of said construction and to secure the construction site from pedestrian traffic. the University has requested the City permit the temporary closure and use of portions of the sidewalk rights-of-way on the south side of Prentiss Street between Madison and Capitol Streets, on the west side of Capitol Street between Prentiss Street and Iowa Interstate Railroad and on the east side of Madison Street between Prentiss Street and Iowa Interstate Railroad. In consideration of the City's permission herein to temporarily close a City sidewalk during the construction of the building as described in paragraph 1 above, the University agrees to secure the construction site against pedestrian and public traffic by providing adequate 4 traffic control. by providing adequate signage. and by fencing all open excavation while Ihe contractor is not working, thereby ensuring public safety and a safe construction site. In consideration of the Universitys' promises herein, the City agrees to allow the University to temporarily close a portion of the sidewalk rights-of-way along the south side of Prentiss Street between Madison and Capitol Streets, on the west side of Capitol Street between Prentiss Street and Iowa Interstate Railroad and on the east side of rvladison Street between Prentiss Street and Iowa Interstate Railroad, adjacent to their property. University agrees to provide, keep in place, and maintain in good working condition certain signage necessary as detailed in Attachment A and to do the following: a) route pedestrians. b) provide advance warning. c) provide for the orderly and predictable movement of traffic. All signage shall be in accordance with the Federal Highway Administration Manual on Uniform Traffic Control Devices. The University shall assume responsibility for and indemnify and hold City harmless from all claims, damages, and/or liability, including reasonable attorney's fees, arising from the University's use of the Prentiss, Capitol and Madison Streets rights-of-way hereunder to the full extent permitted by Chapter 669, Code of Iowa (1997). After the building construction is complete, the University agrees to restore any and all portions of the sidewalks and rights-of-way to their pre-construction condition, to the City's complete satisfaction. City and the University agree this Temporary Agreement shall be in effect beginning November 18, 1998 and end upon substantial completion of the work, but no later than January 1, 2000. Notwithstanding the above, the University agrees to cease and desist its temporary use and closure of the public sidewalk rights-of-way and to remove any and all obstructions from said rights-of-way when any one of the following events occurs: a. A breach of this agreement; b. The use of the property changes and/or the temporary use of the public rights-of-way is no longer needed or appropriate, as determined by the City; c. Within thirty (30) calendar days after the City gives written notice of removal to owner. If the University fails to remove any obstructions, barricades or signage from the public rights-of-way as required in this paragraph, the City may remove the obstructions, barricade or signage, and the cost thereof shall be billed to the University for payment to City. The University acknowledges and agrees that no property right is conferred by this grant of permission to use the public rights-of-way; that the City is not empowered to grant a permanent use of its right-of-way for private purposes; and, notwithstanding paragraph seven (7), that the City may order the said temporary use terminated at any time if, for any reason, the City Council determines that the property is needed for a public use and should be cleared of any and all obstructions. This Agreement shall constitute a covenant running with the land, and shall be binding upon and shall inure to the benefit of the respective heirs, successors in interest, and assigns of both parties. Passed and approved this 17th day of November ,1998. CITY OF IOWA CITY UNIVERSITY OF IOWA Ernest W. Lehman, Mayor ~'~: .2*L~//. Manan K. Karr, City Clerk Approved by: City Attorney's Office BY: Dougl~as~you/r t CITY ACKNOWLEDGMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /7 fit day of tt/ot~,~2 ~r , 19 ~ ~ , before me, Fcr-,-ac- , a Notary Public in and for the State of Iowa, personally appeared Ernest W. Lehman and Madan K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contain~kd in (Ordinancc) (Resolution) No. '~-570 passed by the City Council, on the [7 day of t~Jc~ve-r~L~,~_,,-' , 19 c/~ , and that Ernest W. Lehman and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa Prep'd by: Sarah E. Holecek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030 RESOLUTION NO. 98-371 RESOLUTION OF INTENT TO CONVEY VACATED PORTIONS OF THE DES MOINES STREET RIGHT-OF-WAY LOCATED WEST OF CAPITOL STREET AND EAST OF THE IOWA RIVER, THE MADISON STREET RIGHT-OF-WAY SOUTH OF PRENTISS STREET AND NORTH OF THE IOWA INTERSTATE RAILROAD TRACKS, AND THE 20 FOOT WIDE ALLEY BETWEEN PRENTISS STREET AND THE DES MOINES STREET RIGHT-OF-WAY WEST OF CAPITOL STREET TO THE UNIVERSITY OF IOWA/IOWA STATE BOARD OF REGENTS, THE REDEVELOPER OF THE SUBJECT PROPERTY AND OWNER OF ALL ABUTTING PROPERTIES, FOR A PUBLIC PURPOSE AND WITHOUT COMPENSATION, AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR DECEMBER 1, 1998 WHEREAS, on October 20, 1998, the City Council held a public hearing on an ordinance vacating portions of the Des Moines Street right-of-way located west of Capitol Street and east of the Iowa River, the Madison Street right-of-way south of Prentiss Street and north of the Iowa Interstate Railroad tracks, and the 20 foot wide alley between Prentiss Street and the Des Moines Street right-of-way west of Capitol Street for the purpose of facilitating redevelopment of the adjacent and subject properties by the University of Iowa for a new administration building; and WHEREAS, said adjacent properties are currently being acquired by the University of Iowa/Iowa State Board of Regents for said redevelopment; and WHEREAS, as such redevelopment is by a governmental body for a public purpose, it is proposed that said property transfer be made without compensation pursuant to Iowa Code §364.7(3) (1997); and WHEREAS, with the redevelopment of the subject property, the City will not need the vacated portions of the right-of-way to provide access to property in the area; and WHEREAS, the City will retain all necessary utility easements and the redevelopment of the subject property is in the public interest. NOW, THEREFORE, BE IT HEREBY RESOLVED BYTHE CITY COUNCIL OF IOWA CITY, IOWA, that: 1. The City Council does hereby declare its intent to convey its interest, with the exception of retaining necessary utility easements, in the vacated portions of the Des Moines Street right-of-way located west of Capitol Street and east of the Iowa River, the Madison Street right-of-way south of Prentiss Street and north of the Iowa Interstate Railroad tracks, and the 20 foot wide alley between Prentiss Street and the Resolution No. 98-371 Page 2 Des Moines Street right-of-way west of Capitol Street for the purpose of facilitating redevelopment of the adjacent and subject properties by the University of Iowa/Iowa State Board of Regents for a new administration building. 2. As such redevelopment is by a governmental body for a public purpose, the City Council does hereby declare its intent to convey its interest in the vacated property to the University of Iowa/State Board of Regents without compensation as a conveyance to a governmental entity for a valid public purpose pursuant to Iowa Code §364.7(3) (1997). 3. A public hearing on said proposal should be and is hereby set for December 1, 1998, at 7:00 p.m. in the Council Chambers of the Civic Center, 410 East Washington Street, Iowa City, Iowa, and that the City Clerk be and is hereby directed to caus~ notice of public hearing to be published as provided by law. It was moved by Vantier'heel and seconded by Nor'ton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kubby X Lehman X Norton × O'Donnell × Thornberry X Vanderhoef Passed and approved this ].7TH day of November' , 1998. ' sarah\landuse~desrnui.res Resolution No. 98-371 Page 3 It was moved by Vanderhoef and seconded by Norton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kubby · - X Lehman X Norton X O'Donnell X Thornberry X Vanderhoe~ City of Iowa City MEMORANDUM Date: November 23, 1998 To: City Council From: John Yapp, Associate Planner '~ ~/ Re: VAC98-0005, Ordinance vacating the Madison Street right-of-way south of Prentiss Street, the Des Moines Street right-of-way west of Capitol Street and the 20-foot wide alley south of Prentiss Street and west of Capitol Street. Staff and the Planning and Zoning Commission recommended approval of VAC98-0005, subject to The University of Iowa submitting proof of ownership of all adjacent properties. The University has acquired all the properties except for lots 5 and 6 of Block 13, both owned by Thomas Alberhasky. The University requests that the City proceed with vacating the northern 160 feet of the alley south of Prentiss Street and west of Capital Street, and vacate the remainder of the rights-of-way when they acquire the Alberhasky property (see attached plats). The University has leased the Alberhasky property for a number of years, and expects to reach an agreement with Mr. Alberhasky on the acquisition of the property early this spring. The University owns all the property adjacent to the northern 160 feet of the alley. Mr. Alberhasky has submitted a letter that he does not object to the City vacating the alley. The University desires to have the City proceed with vacating and conveying the northern 160 feet of the alley so they can get started on their construction project, which is to build an office building to house administrative functions. Staff sees no problem with the City vacating the northern 160 feet of the alley now, and the remainder of the rights-of-way when The University acquires the Alberhasky property. Staff has prepared a separate item and comment for each portion of right-of-way to be vacated and conveyed. 1-21-00 Per the City Attorney's Office: Res. #98-371 and Res. #98-378 authorizes conveyance of all of the requested rights-of-way at such time as they are vacated by the city. Ord. #98-3858 vacates the northern 160 feet of the alley right-of-way south of Prentiss Street and West of Capitol Street. This parcel will be conveyed to the University of Iowa-and the above resolutions will be recorded at that time. The remainder will be vacated and conveyed to the University when it acquires the Alberhaksy property-(remainder to be vacated depicted on attached plat). The above resolutions will be recorded again at such time as the remainder is conveyed. P:\PROJECTS\198281-O\dWg\VP-B1-O2.DWG I Sco~e = 1:1 I DATE: 10/15/1998 I Time: 11:39 I VACATION EXHIBIT PORTION OF THE ALLEY IN BLOCK 13, COUNTY SEAT, A PORTION OF SOUTH MADISON STREET AND LEGEND A PORTION OF DES MOINES STREET IN I IOWA CITY, IOWA ~a umITY POLE [] TELEPHONE PEDESTAL I~) SANITARY SEWER MANHOLE ~ ELEC~IC MANHOLE OE O~RHEAD ELEC~IC UT UNDERGROUND EEPH~E SAN SANITARY SE~R ~ ? PRENTIS STREET o ii ':r: ",~'. LOT :~ ~ ,., ~ ~ ~ II .,~ ...... ~7 ~ J I .... !5°' . ................ ~ LOT 5 7,.: O ~;" LOT 6 ~- ~ I e~' ::~::::: o ~,, ~ i ...... :.~o~ ................... ~: ........ V .. LOT 4 ~ . ~ ~ SEWER LINE IS ',~ D b:t::::':b DAMAGED O LOT 5 ,D 4 :: ~ ,0'; 4 (NO FLOW) ::: 0 ~'-~ ~, .,- .-,, ..... ~ ......' - / ~ LOT 7 ' LOT 2 DESCRIP~ON That part of the 20 foot wide alley lying adjacent to Lots 3, 4, 5, and 6 in Block 13 of the County Seat of Johnson County, Iowo City, Iowa according to the recorded plat thereof. And That part of Des Moines Street adjacent to said Block 13 lying Northerly of the Northerly right-of-way line of the Iowa Interstate Railroad, except for the portion previously vacated. And That port of South Madison Street lying between the Southerly right-of-way line of Prentis Steer and the Northerly right-of-way line of said Iowa Interstate Railroad. 50 1 O0 200 SCALE IN FEET SHIVE["[ATTERY ;,T~E VACATION EXHIBIT PROdECT NO. IOWA CITY, dOHNSON COUNTY, IOWA 198281-0 DATE 10/15/98 SCALE AS SHOWN SHEET NO. Cedar Rapids, IA, Iowag?ity, IA , Des Moines, IA DRAWN JS8 FIELD BOOK 1/1 Moline, IL, Bloomin on, IL , Chicago, IL APPROVED REVISION Ant'r~r~r~Ct' tilt"s: DIL/Uf~IE. 2 r: \rF~UdLUI.b\IYOOIO--U\UWt,3\L-UI',I::)ULIk~NI li~LUbl'x IDlY UrNl-.IJWg I I brodg I P: \PROJECTS\198515-O\dwg\CD-C1-OS.DWGIScole = 1:1 I DATE: 11/09/19981 Time: 12:50 # u ol o/\ 'H // TITLE DATE DRAWN APPROVED TRAFFIC CONTROL PLAN UNIVERSITY SERVICES BUILDING THE UNIVERSITY OF IOWA 11/9/98 SCALE JMM FIELD BOOK REVISION SHIVE HATTERY Cedar Rapids, IA, Iowa City, IA, Des Moines, IA Moline, IL, Bloomington, IL , Chicago, IL Prepared by: Karin Franklin, PCD Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5232 RESOLUTION NO. 98-372 RESOLUTION REQUESTING SUBMISSION OF THE QUESTION OF THE IMPOSITION OF A LOCAL SALES AND SERVICES TAX TO THE QUALIFIED ELECTORS OF THE INCORPORATED AND UNINCORPORATED AREAS OF JOHNSON COUNTY. WHEREAS, Section 422B.1 of the Iowa Code provides for the imposition of certain local option taxes, including a local sales and services tax; and WHEREAS, subsection 4 of said Section 422B.1 of the Code provides that the question of the imposition of a local sales and services tax shall be submitted to the registered voters of the incorporated and unincorporated areas of the county upon receipt by the county commissioner of election of the motion or motions, requesting such submission, adopted by the governing body or bodies of the city or cities within the county representing at least one-half the population of the county; and WHEREAS, the City Council of the City of Iowa City, Iowa, is the governing body of a city whose population constitutes in excess of one-half of the population of Johnson County; and WHEREAS, this City Council believes that there are certain projects, services, and initiatives that are essential to the welfare and quality of life of the citizens of Iowa City; and WHEREAS; the State-imposed rollback of residential property taxes and other State limitations on municipal funding have impeded the City's ability to meet the needs of the community; and WHEREAS, the local option sales and services tax will provide needed revenue to meet local needs; and WHEREAS, this City Council desires that the question of the imposition of a local sales and services tax be submitted to the registered voters of the incorporated and unincorporated areas of Johnson County; and WHEREAS, this City Council has determined that, in the event of the approval of the imposition of a local sales and services tax in Iowa City, the City Council will devote said revenues to the projects, services, and initiatives enumerated on the ballot proposition stated below; and WHEREAS, the cities of Iowa City, Hills, University Heights, Coralville, Tiffin, and North Liberty are "contiguous cities," and therefore, pursuant to Section 422B.1, subsection 6(a) of the Iowa Code, said cities are treated as part of one incorporated area and the local sales and services tax will be imposed in all of said cities if a majority of the combined vote of those voting in said cities vote in favor of its imposition; and Resolution No. 98-372 Page 2 WHEREAS, it will therefore be necessary to utilize the "contiguous cities" form of ballot proposition, as promulgated by the Iowa Secretary of State pursuant to the Secretary's rule making power; and WHEREAS, said form of ballot proposition allows each of the six said contiguous cities to designate the percent or amount of local option tax revenues that would be devoted to property tax relief, and the proposed uses that the remainder of said revenues would be used for; and WHEREAS, Johnson County and the other non-contiguous cities in the county are also allowed to similarly designate the percent or amount of local option tax revenues that would be devoted to property tax relief, and the proposed uses that the remainder of said revenues would be used for in their respective jurisdictions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that this City Council does hereby request the Johnson County Commissioner of Elections to submit the question of the imposition of a 1% local sales and services tax to the registered voters of the incorporated and unincorporated areas of Johnson County, Iowa, at a special election to be held on March 30, 1999, said tax to be imposed effective July 1, 1999. AND BE IT FURTHER RESOLVED that the ballot proposition state that the proceeds of the local sales and services tax will be used and expended as follows, subject to such variation in the form of the ballot proposition regarding application and use of local sales and services tax revenue as may be instructed by the Johnson County Board of Supervisors or by the governing bodies of the other cities in Johnson County provided such requests are filed with the Commissioner of Elections on or before January 25, 1999. 0% 25% 40% 10% 10% 10% 5% Iowa City Ballot Proposition for property tax relief. for water rate stabilization and/or water rate relief. for renovating and expanding the public library; for constructing a community events center; and for other capital improvements such as streets, bridges, parks, sewers, trails, public buildings, and collaborative projects with other area jurisdictions. to support the operating expenses of the public library and the community events center, and to support community activities and events. to support the operating and capital improvement expenses of public transit and paratransit, to include fare relief and enhanced service. to support the hiring and equipping of police officers, firefighters, and/or other public safety personnel, and for construction of related public safety improvements. to maintain and enhance funding of Johnson County area human service agencies and activities. Resolution No. 98-372 Page 3 AND BE IT FURTHER RESOLVED: That the City of Iowa City invites Johnson County and the other cities in Johnson County to determine and designate by motion or written resolution the percent or amount of local sales and services tax revenues that each would devote to property tax relief, in the event the tax is imposed in their respective jurisdictions, and the proposed use of the remainder of said revenues, provided such designation is made on or before January 25, 1999, thus affording the County Commissioner of Elections adequate time for publication of notice of the ballot proposition. AND BE IT FURTHER RESOLVED: That the Johnson County Commissioner of Elections is hereby urged to accept such motions or written resolutions, designating the application and use of local option sales and services tax revenues, up to and including January 25, 1999, and to include such individual designations on the ballot proposition form for those jurisdictions. AND BE IT FURTHER RESOLVED: That the City Clerk be and is hereby authorized and directed to notify the Johnson County Board of Supervisors of the adoption of this resolution. Passed and approved this 17 th ATTEST:C~ '~. ~ day of November ,1998. rove City Attomey's Office It was moved by Thornberry and seconded by adopted, and upon roll call there were: Vanderhoef AYES: NAYS: ABSENT: X X X X X the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef ppddidres/salestx4.doc Prepared by: Karin Franklin, PCD Director, 410 E. Washington St., Iowa City, (319) 356-5232 RESOLUTION NO. IMR ELECTORS JOHNSON REQUESTING SUBMISSION OF A LOCAL SALES AND THE INCORPORATED AND UNIt QUESTION OF THE TO THE QUALIFIED AREAS OF WHEREAS, Section taxes, including a local Iowa Code provide~ services tax; and the imposition of certain local option WHEREAS, subsection 4 of 422B.1 imposition of a local sales and sE/ices tax sh incorporated and unincorporated of the of election of the motion or m~ body or bodies of the city or cities withi~ of the county; and the Code provides that the question of the be submitted to the registered voters of the upon receipt by the county commissioner such submission, adopted by the governing representing at least one-half the population WHEREAS, the City Council of the whose population constitutes in Iowa City, Iowa, is the governing body of a city of the population of Johnson County; and WHEREAS, this City Council be that are certain projects, services, and initiatives that are essential to the welfare qd quality of life the citizens of Iowa City; and WHEREAS, the State-impo., rollback of on municipal funding have ~eded the City's ability taxes and other State limitations the needs of the community; and WHEREAS, the local o needs; and sales and services tax will needed revenue to meet local WHEREAS, this services tax be of Johnson and desires that the question of to the registered voters of the ' imposition of a local sales and 'ated and unincorporated areas WHEREAS, thi of a local sale projects, Council has determined that, in the event of and services tax in Iowa City, the City Council will and initiatives enumerated on the ballot pro~ approval of the imposition said revenues to the below; and WHEREA: the cities of Iowa City, Hills, University Heights, Coralville, in, and North Liberty are "conti, Jous cities," and therefore, pursuant to Section 422B. 1, subse, 3n 6(a) of the Iowa Code, cities are treated as part of one incorporated area and the ales and services tax will be imposed in all of said cities if a majority of the combined vote of -. voting in said cities vote in favor of its imposition; and Resolution No. Page 2 WHEREAS, it will therefore be necessary to utilize the "contiguous cities" form of ballot proposition, as promulgated by the Iowa Secretary of State pursuant to the Secretary's rule making power; and WHEREAS, said form of ballot proposition allows each of the six said contiguous cities to designate the percent or amount of local option tax revenues that would be de. voted to property tax relief, and the proposed that the remainder of said revenues would,b~ used for; and WHEREAS, Johnson ~d the other non-contiguous cities in the are also allowed to similarly designate the or amount of local option tax revenL that would be devoted to property tax relief, and the pro uses that the remainder of s revenues would be used for in their respective jurisdictions. NOW, THEREFORE, BE IT RE.' lED BY THE CITY CO~ OF THE CITY OF IOWA CITY, IOWA, that this City Council d. ,s hereby request the County Commissioner of Elections to submit the question of imposition of a sales and services tax to the registered voters of the incorporated of Johnson County, Iowa, at a special election to be held on March 30, 99, said tax imposed effective July 1, 1999. AND BE IT FURTHER RESOLVED that local sales and services tax will be used the form of the ballot proposition regarding revenue as may be instructed by the Johnson bodies of the other cities in Johnson Commissioner of Elections on or before state that the proceeds of the as follows, subject to such variation in ion and use of local sales and services tax ~nty Board of Supervisors or by the governing provided such requests are filed with the !5, 1999. 0% 25% 40% 10% 10% 10% Ba ition for property tax relief. for water rate stabiliza and/or water relief. for renovating and events center; an. parks, sewers, tra jurisdictions. g the public for other capital public buildings, and >rary; for constructing a community such as streets, bridges, aborative projects with other area to support the 9rating expenses of the public center and community activities. and the community events to support tl operating and capital improvement exp'~s of public transit and to supp the hiring and equipping of police officers, fire'fighters, other public safety and for construction of related public safety improvements. 5% g of Johnson County area human service agencies. Resolution No. Page 3 AND BE IT FURTHER RESOLVED: That the City of Iowa City invites Johnson County and the other cities in Johnson County to determine and designate by motion or written resolution the percent or amount of local,Sales and services tax revenues that each would devote to property tax relief, in the event is imposed in their respective jurisdictions, and the proposed use of the remainc of said revenues, provided such nation is made on or before January 25, 1999, thu,, ~g the County Commissioner Elections adequate time for publication of notk of the ballot proposition. AND BE IT FURTHER RE: That the Johnson Co~ written resolutions, desi revenues, up to and including the ballot proposition form for ~issioner of Elections is hereby he application and use of Ioca uary 25, 1999, and to includ jurisdictions. to accept such motions or sales and services tax such individual designations on AND BE IT FURTHER RESOLVED That the City Clerk be and is here authorized Board of Supervisors of the adoption this resolu directed to notify the Johnson County Passed and approved this ,1998. ATTEST: CITY CLERK ~r~eY's It was moved by adopted, and upon roll call and ~ded by AYES: NAYS: ABSENT: the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef pl~ddir/res/salestx4.doc Prepared by: Karin Franklin, PCD Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5232 RESOLUTION NO. RON REQUESTING SUBMISSION OF IMP( N OF A LOCAL SALES AND SERVICE~ THE INCORPORATED AND UNI JOHNSON UNTY. QUESTION OF THE TO THE QUALIFIED )RATED AREAS OF WHEREAS, Section L1 of the Iowa Code provide taxes, including a local s~ !s and services tax; and imposition of certain local option WHEREAS, subsection 4 ;aid Section 422B.1 the Code provides that the question of the imposition of a local sales services tax submitted to the registered voters of the incorporated and areas of the upon receipt by the county commissioner of election of the motion or mc ~ns, such submission, adopted by the governing body or bodies of the city or cities the ~unty representing at least one-half the population of the county; and WHEREAS, the City Council of the whose population constitutes in excess Iowa City, Iowa, is the governing body of a city of the population of Johnson County; and WHEREAS, this City Council believe are certain projects, services, and initiatives that are essential to the welfare and ality of of the citizens of Iowa City; and WHEREAS, the State-~nposed roll ack of re~ taxes and other State limitations on municipal funding h ve imped;I)~~h~ City' ability the needs of the community; and WHEREAS, the local option sal?/s and services tax will p"Pq.vide needed revenue to meet local needs; and / WHEREAS, this City Council esires that the question of the i position of a local sales and services tax be submitted to t e registered voters of the ~ncorpora d and unincorporated areas of J<~hnson County; ailnd ' ' projects, se~ices, and initiates enumerated on the ballot proposition stated below; and WHEREAS, the cities of Iowa City, Hills, University Heights, Coralville, Tiffin, and North Liberty are "contiguous cities," and therefore, pursuant to Section 422B.1, subsection 6(a) of the Iowa Code, said cities are treated as part of one incorporated area and the local sales and services tax will be imposed in all of said cities if a majority of the combined vote of those voting in said cities vote in favor of its imposition; and Resolution No. Page 2 WHEREAS, it will therefore be necessary to utilize the "contiguous cities" form of ballot proposition, as promulgated by the Iowa Secretary of State pursuant to the Secretary's rule making power; and WHEREAS, said form of ballot proposition allows each of the six said contiguous cities to designate the percent or amount of local option tax revenues that would be devoted to property tax relief, and the proposed uses that the remainder of said revenues would be used for; and WHEREAS, Johnson County and the other non-contiguous cities in the county are also allowed to similarly designate the percent or amount of local option tax revenues that would be devoted to property tax relief, and the proposed uses that the remainder of said r venues would be used for in their respecti, ve jurisdictions. . NOW, THEREFOR E IT RESOLVED BY THE CITY COU IL OF THE CITY OF IOWA CITY, IOWA, that this ' Council does hereby request the J nson County Commissioner of Elections to submit the q stion of the imposition of a 1% I cal sales and services tax to the AND BE IT FURTHER RESOLVED that the ballot pro osition state that the proceeds of the local sales and services tax will be used and expended s follows: E AD subject to such variation in the form of th ballot ,~roposition regarding application and use of local sales and services tax revenue as y b 'instructed by the Johnson County Board of Supervisors or by the governing bodies of ether cities in Johnson County provided such requests are filed with the Commissioner of Ele tions on or before January 25, 1999. / AND BE IT FURTHER RESOLVED: /~ .... / .. . imposed in their respective jurisdictio s, and the propose, d use of the remainder of said revenues, provided such designation i~~ade on or before January 25, 1999, thus affording the County Commissioner of Elections equate time for publication of notice of the ballot proposition. / 1 AND BE IT FURTHER RESOLVED/ That the Johnson County Commi sioner of Elections is hereby urged to accept such motions or written resolutions, designating e application and use of local option sales and services tax revenues, up to and including J nuary 25, 1999, and to include such individual designations on .... the ballot proposition form for tose junsd~ct~ons. AND BE IT FURiTiHER RES : Resolution No. Page 3 That the City Clerk be and is hereby authorized and directed to notify the Johnson County Board of Supervisors of the adoption of this resolution. Passed and approved this day of ,1998. MAYOR CITY CLERK ' City Attorney's Office ,$u/~ ' ,~t~. ~/~ adopted, and upon roll call there were: : . "' : ABSENT: A /' Champion ppddirlres/salestx4.doc Kubby Lehman Norton O'Donnell Thornberry Vanderhoef City of Iowa City MEMORANDUM Date: To: From: Re: November 12, 1998 City Council City Manager Local Option Sales Tax Ballot Proposition Attached is a local option sales tax ballot resolution to be directed to county election officials. Within the resolution a ballot proposition identifying the use of the proceeds from the sales tax must be inserted. Attached is a ballot proposition entitled "current ballot proposal" which I believe represents your current position. Also attached is a copy of the recent proposal submitted to you during your public hearings of October 29 and November 3. The resolution must carry the exact ballot language and therefore I am assuming at your work session of November 16 you will review and amend the specific ballot language as you see fit and incorporate that language with your resolution. The schedule calls for you to vote on November 17. Attachments jw/mem/sa-tax.doc Iowa City Ballot Proposition (substantive changes underlined) 0% for property tax relief. 25% for water rate stabilization or water rate relief. 40% for renovating and expanding the public library; for constructing a community events center; and for other capital improvements such as streets, bridges, parks, sewers, public buildings and/or collaborative projects with other area communities or Johnson County. 10% 10% 10% 5% to support the operating expenses of the public library and the community events center and for related community activities. to support the operating and capital improvement expenses of public transit, to include fare reduction, paratransit and enhanced service, and for other community transportation purposes. to support the hiring and equipping of police officers and/or firefighters and for construction of related public safety capital improvements. for increased funding of Johnson County area human service agencies. Current Ballot Proposal 0% 40% for property tax relief. for capital improvement expenditures for the renovation of and an addition to the public library; construction of a center for community events; construction of streets and public thoroughfares, bridges, storm sewer projects, public buildings, parks, and related infrastructure. 25% for water rate stabilization. 10% 10% 10% 5% for operating expenses for the library, center for community events, and related community activities. to support the operating and capital expenses for public transit and paratransit, and other lawful community transportation purposes. for hiring and equipping police officers and/or firefighters and construction of related public safety improvements. for funding of Johnson County area human service agencies. 11/12/1998 mgr\proptax.doc Optional language for the Transit and Human Services items on the Sales Tax ballot Councilor Norton 11/17/98 10% to maintain and enhance public transit and paratransit services, including possibilities such as fare reductions, route expansions and changes in hours of service. 5% tomaamtain and enharme, support for human services agencies and activities. From: Date sent: To: Subject: Jrettiglll@aol.com Tue, 17 Nov 1998 11:13:25 EST council@blue.weeg. uiowa.edu Current issues Dear City Council Members: I have a couple of thoughts on issues currently before the Council. Thank you for allowing me to share them with you through this convenient method of e- mail. 1) Proposed increased sales tax revenue spending. The 10% that is set aside for transportation should include a fare reduction. A few years ago, we increased fares from .50 to .75. The sales tax will effect folks who are living paycheck to paycheck or on a fixed income the most. Many of these folks rely on public transportation. Ideally, I would love to see all public transportation be free. Perhaps if taking the bus was free, we would not find the need to continue to build a new parking ramp every couple of years. I'm sure you are not willing to make all public transportation free at this point, but lowering the rate or adding additional free routes would be a step in the right direction. 2) Deer reduction. I have reluctantly come to the point where I realize the need to reduce the herd. But I believe this is a short term solution. We must find ways to reduce the herd on an ongoing basis. More research needs to go into natural predators, birth control, etc. In addition to searching for a long term solution, we must not let the deer meat go to waste. I lost track of the request for money to process this meat by the Crisis Center, so perhaps it has already been funded. If not the City should pay for processing this meat to be given to the food shelters and feeding programs in the City. 3) The Iowa Avenue parking ramp. I own a business on Market Street. I watch the parking on Iowa Avenue and the Market Street lot daily. The next time the University is out take a look at Downtown and Northside parking. You'll find that there is not usually a problem when the students are gone. The parking problem is caused by the University's inability to provide alternative transportation incentives or parking for their employees and students. I do not -- 1 -- Tue, 17 Nov 1998 17:12:05 believe building another ramp will correct the parking problems. The University Community must be involved in finding a solution to this problem. For example the new building on Dubuque is being built without any thought to how those students and staff will get to work and if they drive where they will park. For some reason people do not like to park in ramps. If we must have ramps to allow our businesses to compete, then we must make ramp parking a better deal than parking on the street. A couple ideas: 1) Make ramp parking significantly cheaper than street parking and advertise this fact in the Daily Iowan. 2) Give students an even more significant financial incentive to ride the buses. 3) If Street parking is increased again, offer businesses (along with the bus and ramp parking programs) a method to purchase tokens at a reduced cost that could be used in the meters. This way customers who will be paying 1% more to shop in Iowa City already will not have to pay more to park to encourage University folks to use the ramps. 4) Party enforcement Allowing police to report a loud party will not make a significant difference in the noise on party nights. The police are not fully using the tools given to them now to end loud parties, so giving them more tools will not make much of a difference. The possibility of abuse or selective party control is enough to vote against the proposed change, but I believe the proposed change is a feel good offer. Look at us we are doing something about this problem--type proposal. The solution must involve a cooperative relationship with landlords, neighbors, the police, the University, and the party givers. Some ideas: 1) Set up an anonymous tip line, with no caller ID, tracking, etc., 2) On repeat violators, ask landlords for assistance in putting pressure on the party house occupants to knock it off. 3) An escalating fee structure for loud party violators. 4) The majority of these party houses are in existence because of the University Fraternities going dry. The University must be involved in educating their students about City ordinances 5) In prime areas, have the police go door-to- door each semester in a friendly way explain the ordinance and how it will be enforced. 6) Enforce the ordinance we curren~y have now. Thank you for listening to my thoughts and for your wiliness to serve on City Council. -- 2 -- Tue, 17 Nov 1998 17:12:05 Sincerely, Janelle Rettig 3013 Cornell Ave Iowa City, IA 52245 319/338-0999 home 319/337-4124 store jrettiglll@aol.com -- 3 -- Tue, 17 Nov 1998 17:12:05 Date sent: From: To: Subject: Tue, 17 Nov 1998 12:39:39 -0600 (CST) "E. Fales" <efales@blue.weeg. uiowa.edu> Council of Iowa City <council@blue.weeg. uiowa. edu> transit system To the Members of the Council: Permit me to urge you to revise the wording of the current bill which is before the Council concerning how the income from the new sales tax will be spent. Enhancement of the public transit system - more service, lower fares, and other inducements to greater use - seems to me to be an important priority. The population of Iowa City has grown rapidly - entirely too rapidly - over the past couple of decades, with the consequence that traffic congestion has become a significant presence in this town for the first time. As everyone knows, one of the best and most efficient ways to move people and save energy is by means of public transit. And that means making the system attractive enough that more people will use it. Sincerely, Evan Fales 1215 Oakcrest, IC -- 1 -- Tue, 17 Nov 1998 17:11:59 Date sent: To: From: Subject: Tue, 17 Nov 1998 11:01:23 -0600 council@blue.weeg.uiowa.edu LChoisser@aeal0.kl2.ia.us (Choisser, Lucy) Sales tax resolution I am writing to support that the operation and capital improvement expenses of public transit include fare reduction, paratransit and enhanced service if the sales tax option is passed. Any support of our local transit system that makes it more accessible and affordable to all of our citizens is a benefit to all of us. It allows more people to access employment, community resources, and businesses; it reduces traffic congestion by increasing transit use. Thank you for your hard work. Lucy Choisser Education Consultant Grant Wood AEA 200 Holiday Road Coralville, IA 52241 Ichoisser@aea10.k12.ia.us http://www.aeal0 .kl 2.ia.us/programs/pl / index .html-ssi Phone: 319-358-6237 FAX: 319-358-6201 -- 1 -- Tue, 17 Nov 1998 17:12:01 F]7om: To: Subject: Date sent: "Daniel Coleman" <pamichae@worldnet. att. net> <council@blue.weeg.uiowa.edu> sales tax Tue, 17 Nov 1998 10:56:28 -0600 To: Council Members From: Dan Coleman Because of the NE Area Planning meeting tonight, I cannot attend the Council meeting. I would like to advocate for the following: Change: "To support the operating and capital expenses for public transit and paratransit." This language does not guarantee any changes in the current bus system, except for shifting program income from property tax to sales tax. tO: "To support the operation and capital improvement expenses of public transit, to include fare reduction, paratransit and enhanced service." I believe that this change is reflective of the desire of citizens to receive tangible benefits in return for payment of this new tax. -- 1 -- Tue, 17 Nov 1998 17:12:01 Date sent: From: To: Tue, 17 Nov 1998 08:49:02 -0800 (PST) reginald williams <ddwddick@yahoo.com> council@blue.weeg.uiowa.edu Council Members: I understand that the vote will be taken on the local option sales tax tonight. I am concerned that the current language reads "To support the operating and capital expenses for public transit and paratransit". No regard seems to have been given changes in the current bus system or its operations. I would propose that more detailed wording, such as "To support the operation and capital improvement expenses of public transit, to include fare reduction, paratransit and enhance service". I am hopeful that this statement would not only enhance current services, but also consider the consilidation of services and the eventual lowering of transit fares as a whole. Thank you for your consideration, Reginald Willjams, ATM-B/AL 447 Samoa Drive Iowa City IA 52246-3627 (319)351-8403 ddwddick@yahoo.com DO YOU YAHOO!? Get your free @yahoo.com address at http://mail.yahoo.com -- 1 -- Tue, 17 Nov 1998 17:12:02 Date sent: To: From: Subject: Copies to: Tue, 17 Nov 1998 09:25:42 -0600 council@blue.weeg. uiowa.edu Mona Shaw <mona-shaw@uiowa.edu> Local Tax Resolution kkubby@blue.weeg. uiowa. edu It will be very disappointing if the council does not guarantee in its resolution for a local sales tax that public transit will be improved. Citizens less affiuenct than most of the Council are those who will be most detrimentally affected by this tax, and they deserve to have at least one city service that particularly benefits them not just maintained but made better by this additional tax burden. Thank you for this consideration, Mona 818 South Dubuque Street Iowa City, IA 52240 Mona Shaw Citizen-at-large -- 1 -- Tue, 17 Nov 1998 17:12:02 Date sent: To: From: Subject: Tue, 17 Nov 1998 09:00:59 -0600 council@blue.weeg. uiowa. edu Mary Crippen <mary-crippen@uiowa. edu> local option sales tax resolution Members of the City Council: I urge you to change the language in the local option sales tax resolution you will be voting on tonight, to ensure that extra revenue from such a tax would be used to *improve* the city transit system rather than merely support it. Currently, the language says: "To support the operating and capital expenses for public transit and paratransit." I suggest instead the following: "To support the operating and capital improvement expenses of public transit, to include fare reduction, paratransit and enhanced service." Unfortunately I cannot attend tonight's meeting to voice my support for this change, but I will be looking for news on the vote. Sincerely, Mary Crippen 815-1/2 N. Dodge Street Iowa City, IA 52245 mary-crippen@uiowa.edu -- 1 -- Tue, 17 Nov 1998 17:12:03 From: Subject: Date sent: "Popp, Loretta" <PoppL@mail.medadmin.uiowa.edu> "'council@blue.weeg. uiowa. edu"' <council@blue.weeg. uiowa.edu> public transit & sales tax res. Tue, 17 Nov 1998 08:43:56 -0600 To the Iowa City City Council: I am a loyal user of the poublic transit system in Iowa City and would like to see the local option sales tax resolution you will be voting on tonight include language guaranteeing that the transit system will be improved. Rather than saying "...To support the operating and capital expenses for public transit and paratransit" I think the resolution should say "...To support the operation and capital improvement expenses of public transit, to include fare reduction, paratransit and enhanced service." Sincerely Loretta Popp -- 1 -- Tue, 17 Nov 1998 17:12:03 Date sent: To: From: Subject: Tue, 17 Nov 1998 07:55:14 -0600 council@blue.weeg. uiowa.edu Jean Martin <jean-martin@uiowa.edu> Sales tax increase Iowa City Councilors: I would urge the inclusion of public tranist in the proposals for sales tax usage. Specifically the fares should have a reduction and hours should be extended. Evening hours and weekends are an issue with workers and many of us older persons who would choose the bus if the service were there. Jean Martin ~- 1 -- Tue, 17 Nov 1998 17:12:03 To~ Date sent: From: council@blue.weeg. uiowa.edu Tue, 17 Nov 1998 07:52:25 -0600 cherylgail@juno.com (Cheryl Hetherington) Dear City Council Members I am unable to attend the council meeting tonight, November 17, 1998, and I want to register my support for improvement of the public transit system should the local option tax resolution pass. I would like to see the public transit section read "To support the operation and capital improvement expenses of public transit, to include fare reduction, paratransit and enhanced service." This is vital to maintain the quality of our invaluable transit system in Iowa City. Thank you for considering this issue. Cheryl Hetherington 927 Dewey Street Iowa City, IA 52245 You don't need to buy Internet access to use free Internet e-mail. Get completely free e-mail from Juno at http://www.juno.com/getjuno.html or call Juno at (800) 654-JUNO [654-5866] -- 1 -- Tue, 17 Nov 1998 17:12:04 Date sent: To: From: Subject: Tue, 17 Nov 1998 07:46:27 -0600 council@blue.weeg. uiowa. edu Nicholas Johnson <njohnson@inav. net> Public Transit Language Honorable Council Members: Drafting language by group is never easy. So I hesitate to add to your task. But might there not be a point to making specific reference in the language to things like, say, "enhanced service" and "fare reduction"? Just a thought. Thanks for all you do. Nick Nicholas Johnson E-mail: njohnson@inav.net Postal: Box 1876, Iowa City IA 52244-1876 USA Fax: USA + 319-335-9019 Voice: USA + 319-337-5555 (answering machine) Parcels: N Johnson, UI College of Law, Melrose & Byington, Iowa City IA 52244 [ Home Web page: http://soli.inav.net/-njohnson -- 1 -- Tue, 17 Nov 1998 17:12:04 To~ Subject: From: Date sent: council@blue.weeg.uiowa.edu Sales Tax briankathyl@juno.com (BRIAN J MEYER) Tue, 17 Nov 1998 13:14:08 EST I am writing to ask that you go with the suggested language change to support public transit You don't need to buy Internet access to use free Internet e-mail. Get completely free e-mail from Juno at http://www.juno.com/getjuno.htrnl or call Juno at (800) 654-JUNO [654-5866] -- 1 -- Tue, 17 Nov 1998 17:12:05 FroIll: Date sent: To: Subject: WELSHBOB@aol.com Tue, 17 Nov 1998 09:30:28 EST <council@blue.weeg. uiowa. edu> Sales Tax I wish you would not include operational items in the budget. If you do, I trust you will include the reduced bus rides. -- 1 -- Tue, 17 Nov 1998 17:12:06 Date sent: From: To: Subject: Tue, 17 Nov 1998 05:54:08 -0600 (CST) Art Vincent <avincent@blue.weeg. uiowa.edu> council@blue.weeg. uiowa. edu Local Option Sales Tax measure language Dear Councilors, But for the fact I'll be in a meeting of the Johnson County Transition Empowerment Board this evening, while you meet to decide on the measure concerning the local option sales tax, I would be present to let you know of my concern that the current language is inadequate to do what you told the community you'd do (nearly a year ago) in the area of a better paratransit operation. Currently, the language says: "To support the operating and capital expenses for public transit and paratransit." It has been pointed out that this language merely shifts the income source for paratransit from property taxes to the sales tax. It guarantees none of the improvements you gave this community assurances you'd provide when you looked at taking over the operation of SEATS nearly a year ago. I suggest the following language change: "To support the operation and capital improvement expenses of public transit, to include fare reduction, paratransit and enhanced service." As this is of critical importance to so many in our community, I will endeavor to be present when you discuss this matter by concluding my business at the Transition Empowerment Board meeting as quickly as possible. If I am able to arrive prior to the time slot reserved for citizen input on this agenda item, I seek the privilege of the floor to address you on the matter. If I arrive after discussion is concluded, and depending on the outcome of that discussion, I ask that you allow me to address you on -- 1 -- Tue, 17 Nov 1998 17:12:05 the issue during that time slot usually set aside for citizen input on non-agenda items. In any event, I cannot stress enough how critical it is to so many of us that you make the suggested (or a similar) change. On your action rides the eventual fate of far too many of our community's residents to ignore. Thank you. Art Vincent o- 2 -- Tue, 17 Nov 1998 17:12:05 From: Date sent: To: Subject: "H. Hart" <hhart@blue.weeg.uiowa.edu> Tue, 17 Nov 1998 09:02:33 -0600 (CST) council@blue.weeg.uiowa.edu Sales Tax/Mass Transit To the Iowa City City Council: I just read last night that you would be discussing the local option sales tax at tonight's city council meeting, and I would like to offer some input. Over the past two or three years, it seems that Iowa City streets are becoming more and more congested, and not only during morning and afternoon rush hours. I have also noticed that city bus service has been cut back a bit, both in the number of routes offered and the frequency of service. I know there are people who would rather be free from dealing with parking and congested traffic, yet continue to drive because the bus service is becoming less available. Additionally, there are those of us who HAVE to rely on busses (twice on Saturday mornings, I've found myself walking several miles across town when I discovered certain bus routes had been dropped on Saturdays; true, it was great exercise, but I was late to meetings!). Considering Iowa City's size, increasing traffic and parking problems, and the number of people who must rely on public transportation, I think it is imperative that the city maintain comprehensive and well-run services. I would encourage the council to think seriously about not merely maintaining the status quo, but INCREASING the availablity of public transit. Therefore, if voters pass the local option sales tax, I am asking that the city council GUARANTEE that some of this money will go to support an increase of public transit services, including paratransit, increased or reinstated bus routes and frequency, and a reduction in fares. Sincerely, Holly Hart -- 1 -- Tue, 17 Nov 1998 17:12:02 411 N. Dubuque St -- 2 -- Tue, 17 Nov 1998 17:12:02 Date sent: To: From: Subject: Tue, 17 Nov 1998 11:04:00 -0600 jjquig@blue.weeg. uiowa. edu, "Nathan Haydn Willard (Radar O'Reilly)" <nathan.willard@yale.edu>, Rusty Martin <jcnews@yosemite.leepfrog. com>, lbrintle@chop.isca.uiowa. edu, bakerl@blue.weeg.uiowa. edu, "Mrs. Marian Karr, City Clerk" <council@blue.weeg.uiowa.edu>, kkubby@blue.weeg. uiowa. edu, klingama@blue.weeg.uiowa.edu, denorton@blue.weeg.uiowa.edu, joe.bolkcom@pobox.com, moorerj@blue.weeg. uiowa.edu, daily-iowan@uiowa. edu, "C.R. Gazette" <gazette@fyiowa.infi.net>, icpc@inav.net, michael-kanellis@uiowa.edu, john-widness@uiowa.edu, d-yarbrough@uiowa. edu, richard-gib son@uiowa. edu, marysue-coleman@uiowa.edu, gerald-stone@uiowa.edu John Nesbitt <jnesbitt@blue.weeg. uiowa.edu> NO LOCAL TAXES - NO MATTER WHAT THE 'HEART RENDING' A <excerpt> </excerpt><<<<<<<< NOV. 17,1998 NO LOCAL SALES TAX -- NO MATTER WHAT THE 'HEART RENDING' APPEAL. OVER THE NEXT MONTHS THE CITY COUNCIL AND CITY MANAGER WILL BE ADVANCING ALL MANNER OF APPEALS TO ACHIEVE UTOPIA IN IOWA CITY BY BUYING THIS, BORROWING FOR THAT, BUYING INTO ALL MANNER OF SCHEMES TO WREST MONEY FROM THE TAXPAYERS. IF ANY NEW PROJECTS ARE REALLY NEEDED, IF THERE ARE ANY REAL PROBLEMS -- TAKE THE MONEY FROM STAFF SALAIRES, PRIVATIZE VARIOUS SERVICES, ETC. JOHN NESBITT, 362KOSER, UNIVERSITYHEIGHTS, 52246-3038 319/337-7578 -- 1 -- Tue, 17 Nov 1998 17:12:00 <excerpt>To: "K. Kubby" <<kkubby@blue.weeg.uiowa.edu> From: karen <<kkubby@blue.weeg.uiowa.edu> Subject: help!! Tuesday night, November 17, the city council will be voting on a local option sales tax resolution. Whether or not you support such a tax, I am asking people to forward an e-mail message or show up to the meeting to ask that the public transit section be improved. This is crucial in case the tax passes. Currently, the language says: "To support the operating and capital expenses for public transit and paratransit." This language does <underline>not</underline> guarantee any changes in the current bus system, except for shifting program income from property tax to sales tax. A suggested change to: "To support the operation and capital improvement expenses of public transit, to include fare reduction, paratransit and enhanced service." This suggested change would guarantee some form of more service and fare reduction. Please e-mail city council at <<council@blue.weeg.uiowa.edu> and ask them to go with the suggested language or better yet, come to the meeting that begins at 7pm in the council chambers at 410 E. Washington St. Act now!! -- 2 -- Tue, 17 Nov 1998 17:12:00 Karen Kubby </excerpt><<<<<<<< -- 3 -- Tue, 17 Nov 1998 17:12:00 FrO1TI: To: Subject: Date sent: "Roberta Till-Retz" <deerspotter@hotmail.com> council@blue.weeg. uiowa. edu Local option sales tax Tue, 17 Nov 1998 08:57:06 PST I believe that a local option sales tax is regressive by its nature, and I urge you to vote against it. Having said that, if it must be, then I urge you to alter the wording so that it provides for more bus service and fare reductions for those who use transit. This might make its impact slightly less regressive. Sincerely, Roberta Till-Retz 600 Manor Drive, Iowa City IA 52246 Get Your Private, Free Email at http://www.hotmail.com -- 1 -- Tue, 17 Nov 1998 17:12:06 Date sent: From: To: Subject: Tue, 17 Nov 1998 00:59:33 -0600 (CST) "1. bergen" <lbergen@blue.weeg.uiowa.edu> council@blue.weeg. uiowa. edu transportation I just wanted to voice my opinion and say that I agree with the suggested change in the language of the rules regarding public transportation. Linsey Bergen -- 1 -- Tue, 17 Nov 1998 17:12:07 From: To: Subject: Date sent: "Daniel Johnson-O'Mara" <danjo@soli.inav.net> <council@blue.weeg. uiowa.edu> Suggested language change... Mon, 16 Nov 1998 23:12:34 -0600 This is a multi-part message in MIME format. ....... _NextPart_000_001 E_01 BE11 B6.986309A0 Content-Type: text/plain; charset=" iso-8859-1" Content-Transfer-Encoding: quoted-printable Council Members, I have received an e-mail concerning a suggested language change in the = local=20 option sales tax resolution. Currently, the language says: "To support the operating and capital expenses for public transit and = paratransit."=20 A suggested change to: "To support the operation and capital improvement expenses of public = transit, to include fare reduction, paratransit and enhanced service." This suggested change would guarantee some form of more service and fare = reduction. Please consider the new language. Sincerely, Daniel Johnson-O'Mara 4319 320th Street NE I.C., IA 52240 338-7305 danjo@soli.inav.net -- 1 -- Tue, 17 Nov 1998 17:12:07 From: Copies to: Subject: Date sent: "Felicia M. Beeching" <beeching__f@hotmail.com> council@blue.weeg. uiowa.edu kkubby@blue.weeg. uiowa. edu Tax rate/bus service Mon, 16 Nov 1998 21:16:31 PST Dear City Council, As a College of Law student who uses the city bus system on the West side of town (to Pheasant Ridge), I wish that you would use the proposed option tax to increase services or reduce fares to us, the patrons. Karen Kubby has suggested that the wording in the bill be amended: "To support the operation and capital improvement expenses of public transit, to include fare reduction, paratransit and enhanced service." I agree with that. Sincerely yours, Felicia M. Beeching J.D. Candidate, University of Iowa College of Law Iowa City, IA >"A Nation is never conquered until the hearts of its women >are on the ground." Tsistsistas (Cheyenne) Proverb> Get Your Private, Free Email at http://www.hotmail.com -- 1 -- Tue, 17 Nov 1998 17:12:07 0% 25% 40% 10% 10% 10% 10% 10% 10% 5% 5% Iowa City Ballot Proposition for property tax relief. water rate stabilization and/or water rate relief. for renovating and expanding the public library; for constructing a community events center; and for other capital improvements such as streets, bridges, parks, sewers, trails, public buildings and collaborative projects with other area jurisdictions. to support the operating expenses for the library and community events center and other community activities. to support the operating expenses of the public library and the community events center, and to support community activities and events. to support the operating and capital expenses for public transit and paratransit. to support the operating and capital improvement expenses of public transit and paratransit, to include fare relief and enhanced service. to support the hiring and equipping of police officers, firefighters other public safety personnel and construction of related public safety improvements. to support the hiring and equipping of police officers, firefighters and/or other public safety personneLand for construction of related public safety capital improvements. for funding of Johnson County area human service agencies. to support (increased) funding of Johnson County service agencies. area human Prepared by: Madan K. Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. RESOLUTION TO ADOPT THE IOWA CITY POLICE CITIZENS REVIEW BOARD STANDARD OPERATING PROCEDURES AND GUIDELINES. 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, procedures and guidelines have been' developed and adopted by the Police Citizens Review Board at their September 15, 1998 meeting; and WHEREAS, the Police Citizens Review Board recommended City Council approval of said procedures and guidelines at their October 6, 1998 meeting. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT the Iowa City Police Citizens Review Board Standard Operating Procedures and Guidelines dated September, 1998 are hereby adopted, as attached. Passed and approved this day of ,1998. A'I'rEST: CITY CLERK It was moved by adopted, and upon roll call there were: AYES: pcr'o~guideres.doc MAYOR and seconded by NAYS: Approved by City Attomey's Office the Resolution be ABSENT: Champion Kubby Lehman Norton O'Donnell Thomberry Vanderhoef CITY OF IOWA CITY IOWA POLICE CITIZENS REVIEW BOARD STANDARD OPERATING PROCEDURES AND' GUIDELINES The PCRB was established to assure that invesO~at~ns 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 the City Council in evalua~g the overall performance of the Police Department as a whole by having it review the Police Department's investigation into complaints. To achieve these purposes, the PCRB shall comply with Chapter 8 of the Iowa City Code, the Board's By-Laws, and the Police CitiZens Review Board's Standard Operating Procedures and Guidelines. PCRB SOP 9~98 TABLE OF CONTENTS II. III. Iv. v. vI. vII. viII. Page Complaint Process ....................................................... 1-2 Formal Mediation Guidelines and Procedures ....................... 2 Meetings ................................................................... 3-5 Complaint Review Process ............................................. 5-7 Review of Policies, Procedures and Practices of the Iowa City Police Department ...................................................... 7-8 Annual Report .............................................................. 8 General .........................................................................8-9 Appendix A. The City Code of Iowa City, Chapter 8, Police Citizens Review Board B. Iowa City Police Citizens Review Board By-Laws C. City of Iowa City Police Citizens Review Board 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. Police Citizens Review Board Complaint Form PCRB SOP 9~98 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 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. Complaints shall be filed in accordance with 8-8-3 C and 8-8-7 A of the City Code of Iowa City. All documents and related materials filed with the Board shall not be returned. 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). The complaint copy sent to Board members shall have all references to police officer names deleted. B. Procedure for complaints which are filed after sixty days A complaint that appears to be untimely filed or otherwise deficient shall be assigned a number in the ordinary manner as provided in the City Code· A copy of the complaint shall be furnished to the Police Chief or City Manager, with a cover letter indicating that it appears to be an untimely complaint and will be reviewed by the Board at its next regular or special meeting. A copy of the apparent untimely complaint shall be provided to Board members in the next meeting packet; Notice shall be given to the complainant that the complaint will be on the next meeting agenda, giving the complainant an opportunity to be heard on the issue of whether the complaint was timely filed; PCRB SOP 9/98 - 1 At the meeting at which the complaint is considered, the Board shall, by motion in open session, vote to determine whether the complaint will be dismissed under Section 8-8-3 D of the statute; If the Board dismisses the complaint as untimely, the staff shall forward a copy of the decision to the Police Chief or the City Manager and also to the complainant. a. The copy going to the Chief or City Manager shall state that the complaint has been dismissed as untimely and that a report to the Board by the Chief or City Manager is not required by Chapter 8 of the Code. The Board may request that an investigation be done. b. The copy of the decision sent to the complainant shall include a cover letter advising that although the complaint has been determined to be untimely 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 that is still available should the complainant wish to pursue the matter. If the Board determines the complaint is timely and shall not be dismissed, it shall so advise the Police Chief or City Manager so they may continue their investigation and make their required report to the PCRB. C. Amendments to a complaint must be in written form. The complainant may withdraw the complaint at any time up to seven (7) days after the Board receives the Police Chief's or City Manager's report. After that time, the complaint may be withdrawn with the consent of the Board. 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 1 O, 1998 and made a part hereof. PCRB SOP 9/98 - 2 III. Meetings Regular meetings shall be held monthly. Special meetings may be called by the Chair as needed. The Board shall comply with Article V of the PCRB By-Laws and the PCRB Standard Operating Procedures and Guidelines. Meeting packets shall be distributed to Board members at least two (2) days prior to a meeting when possible. B. Place of Posting Notices and Agendas. Follow requirements of Section 21,4, The Code of Iowa. The City of Iowa City provides the Notice Bulletin Board in the lobby of the Civic Center; notice of a meeting will also be distributed in media boxes located in the Civic Center. C. Consent Calendar shall include: Minutes of the last meeting(s); Correspondence and/or memoranda directed to the PCRB (not complaint-related). Staff shall be given directions based on Board discussion as to whether staff shall respond or whether Board members shall respond, with copies furnished to the Board. Time for open public discussion shall be made available at all open meetings as provided by the PCRB By-Laws, Article V, Section 6. Time for "Board Information" and "Staff Information" shall be made available at all meetings. Fe Decisions made in executive session shall be ratified in open session. Taped minutes of open meetings shall be kept thirty (30) days from acceptance and approval of minutes. Taped minutes of executive meetings shall be kept for one year from the date of the meeting. Legal Counsel for the PCRB shall attend meetings as directed by the Board. PCRB SOP 9/98 o 3 Electronic Participation Follow the requirements of Section 21.8, The Code of Iowa. "Electronic meeting" as defined in this section presumes that a majority of the members of the Board are participating electronically. Electronic participation in meetings. A member may participate by electronic means when the majority of the Board convenes in person. The person or persons participating electronically are part of the quorum for the meeting and may make or second motions and may vote. Refer to Section 21.8, The Code of Iowa· Quorum and Voting Requirements Quorum. See By-Laws V.2. Voting. See By-Laws V. 10. Voting to close a session. See Section 21.5, The Code of Iowa· Iowa Open Records Law The Board 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. The lawful custodian of the PCRB public records is the City Clerk of Iowa City· All records of the Board shall be public except as specifically provided for in Chapter 22, The Code or in the PCRB By-Laws. Only certain records shall be kept confidential and only under circumstances in which they are specifically authorized to be kept confidential by Chapter .22, The Code of Iowa. Confidentiality of complaints, reports of investigations, statements and other documents or records obtained in investigation of any complaint· See By-Laws VII.1 (a). Confidentiality of the minutes and tape recordings or closed sessions. See By-Laws VII.1 (b). Confidentiality of mediation matters. See By-Laws VII. 1 (d). PCRB SOP 9/98 - 4 IV Confidentiality of information protected by the Iowa Open Records Law or the Idwa Open Meetings Law. See By- Laws VII. 1 (c). M. Iowa Open Meetings Law. The Board must follow all the requirements of Chapter 21, The Code of Iowa, Official Meetings Open to Public {Open Meetings). N. Conflicts of Interest and Ex Parte Contacts Conflicts of Interest. See By-Laws V.9. Ex Parte Contacts. See By-Laws, V.8. Complaint Review Process The Board 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. Review of Police Chief's report or City Manager's report. Follow 8-8-7 B of the City Code. Select a level of review as outlined in 8-8-7 B. 1 (a)-(f) of the City Code· Ce Request for an extension of time to file PCR8 public report. Refer to 8~8-7 B.6 of the City Code. The PCRB shall not issue a public report critical of a police officer until after a name-clearing hearing has been held. Refer to Section 8-8-7 B.4 of the City Code. E. Name-clearing hearing procedure The Board shall select a proposed date for the name- clearing hearing; Written notice is given to the officer and the complainant of the date, time and place of the hearing and its purpose. The notice to the officer, if he or she is not identified in the Chief's or City Manager's report, should be transmitted via the Chief of Police.- The notice to the PCRB SOP 9/98 - 5 officer should provide a written response form for the officer to demand or waive the name-clearing hearing. The officer may respond by demanding a hearing, by waiving the hearing in writing, or by not responding to the notice. The complainant has no independent right to a hearing, and the complainant's wishes as to holding the name-clearing hearing are not binding on the Board. (a) If the officer has demanded a hearing, the chair of the Board shall conduct a hearing as per 8-8-7 B.4 of the City Code. At a minimum, this would require that the officer and the complainant have a right to make a statement and to present evidence and the testimony of other witnesses. It would also require some right to confrontation and cross-examination or opportunity to rebut opposing evidence. The Board may set reasonable rules about the time allowed to each side with the types of evidence it may receive as long as the rules are neutral. The hearing goal is to give everyone a fair say in a controlled manner. (b) If the officer has waived the right to a name- clearing hearing, the Board need not provide one in his or her absence. Nonetheless, 8-8-7 B.5 of the statute states that the Board may hold a hearing about a complaint if the officer has waived the name-clearing hearing, but the complainant or the department wishes to present evidence. However, the Board need not provide a hearing in such a case. (c) In the event the officer does not reply concerning his or her right to a name-clearing hearing, the Board may proceed to schedule a hearing and determine at the time of the hearing whether it will receive evidence or cancel the hearing. The name-clearing hearing is a closed hearing under Iowa Code Section 22.7(5) or 21.5(i). The officer involved, the complainant, and any witnesses may attend. The subject matter is still the Chief's report and the Board's pending investigation of it. An officer's request for a name- clearing hearing would engage Section 21.5(i)~ PCRB SOP 9/98 - 6 After the closed session in which the name-clearing hearing is held and the Board reaches its decision about the contents of its public report, the Board should return to open session. At any time after the name-clearing hearing, the Board may approve its public report, including any changes made as a result of the name- clearing hearing. Report Writing - Follow 8-8-7 of the City Code The Chair shall appoint a committee to prepare draft reports. The committee may request assistance from staff as needed. When possible, a draft report shall be included in the agenda packet prior to the meeting at which it is discussed. Draft reports shall be discussed in executive session and finalized by the full Board. Draft reports shall be confidential. Final Public Reports shall be reviewed by legal counsel before being submitted to the City Council. 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. ' 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. 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 !1 of the PCRB By- Laws, and using the PCRB Standard Operating Procedures and Guidelines, the Board 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. Policy-review discussions shall be held at regular meetings, when possible. PCRB SOP 9/98 - 7 B4 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 Board member may raise an issue at a PCRB meeting. The Board encourages signed written correspondence from citizens but will accept anonymous correspondence concerning policies, procedures, and practices of the Iowa City Police Department. VI 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 VII. The annual report shall include information required by Chapter 8 of the City Code. The PCRB's annual report may also include recommendations to amend the Ordinance. General 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. When legal counsel and/or staff are contacted on PCRB business, they shall report that information to the Chair and to each other. Contacts between a Board member and the Police Chief and/or City Manager shall be in the form of written communication when possible. FCRB SOP 9/98 - 8 Requests for information from the Board to the Police Chief or City Manager shall be in writing. 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. 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. The Board shall utilize its own letterhead stationery. PCRB SOP 9~98 - 9 11-17-98 [CITY ATTORNEY'S PROPOSED REVISIONS 11/13/98] CITY OF IOWA CITY IOWA POLICE CITIZENS REVIEW BOARD STANDARD OPERATING PROCEDURES AND GUIDELINES The 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 the City Council in evaluating the overaft performance of the Police Department as a whole by having it review the Police Deportment's investigation into complaints. To achieve these purposes, the PCRB shaft comply with Chapter 8 of the/owe City Code, the Board's By-Laws, and the Police Citizens Review Board's Standard Operating Procedures and Guidelines. PCRB SOP 9/98 II. III. IV. V. VI. VII. VIII. TABLE OF CONTENTS Page Complaint Process ....................................................................................1-2 Formal Mediation Guidelines and Procedures ..........................................2 Meetings ...................................................................................................3-5 Complaint Review Process .......................................................~ ...............5-7 Review of Policies, Procedures and Practices of the Iowa City Police Department .....................................................................................7-8 Annual Report ..........................................................................................8 General .....................................................................................................8-9 Appendix A. The City Code of Iowa City, Chapter 8, Police Citizens Review Board B. Iowa City Police Citizens Review Board By-Laws C. City of Iowa City Police Citizens Review Board 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. Police Citizens Review Board Complaint Form PCRB SOP-9~8 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 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· Complaints shall be filed in accordance with 8-8-3 C and 8-8-7 A of the City Code of Iowa City. All documents and related materials filed with the Board shall not be returned. 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). The complaint copy sent to Board members shall have all references to police officer names and other identifVin.cl information deleted· Procedure for complaints which arc filod aftor sixty days subject to summary dismissal A complaint that appears to be untimely filed or a complaint that does not involve the conduct of an Iowa CitV sworn police officer othorwiso doficicnt shall be assigned a number in the ordinary manner as provided in the City Code. A copy of the complaint shall be furnished to the Police Chief or City Manager, with a cover letter 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 Board at its next regular or special meeting. A copy of the apparont untimoly complaint shall be provided to Board members in the next meeting packet; Notice shall be given to the complainant that the complaint will bc on tho ncxt mooting agonda, giving tho complainant an opportunity to bc hoard on tho issuo of whothor tho complaint was timoly filod; appears to be untimelv or to not involve the conduct of an Iowa Citv sworn police officer and is subject to summary dismissal· The complainant shall be invited to submit written correspondence to the Board on this issue prior to the meeting at which the Board will consider the matter. PCRB SOP-9/98 - I II. III. At the meeting at which the complaint is considered, the Board shall, by motion in open session, vote to determine whether the complaint will be dismissed under Section 8-8-3 DLEof the statateordinance.~ The Board shall not discuss the facts or substance of the complaint at said open meetin.q~. If the Board dismisses the complaint as untimoly, the staff shall forward a copy of the decision to the Police Chief or the City manager and also to the complainant. The copy going to the Chief or City Manager shall state that the complaint has been dismissed as untimoly and that a report to the Board by the Chief or City Manager is not required by Chapter 8 of the Code. The Board may request that an investigation be done. The copy of the decision sent to the complainant shall include a cover letter advising that although the complaint has been dotorminod to bo untimoly 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 that is still available should the complainant wish to pursue the matter. m If the Board determines the complaint is timoly and shall not be dismissed, it shall so advise the Police Chief or City Manager so they may continue their investigation and make their required report to the PCRB. C. Amendments to a complaint must be in written form. The complainant may withdraw the complaint at any time prior to the Board's issuance of its report to Citv Council.up to soyon (7) days aftor tho Board rocoivos tho Polico Chiof's or City Managor's roport. Aftor that timo, tho complaint may bo withdrawn with tho consont of tho Board. 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. Meetings Regular meetings shall be held monthly. Special meetings may be called by the Chair as needed. The Board shall comply with Article V of the PCRB By-Laws and the PCRB Standard Operating Procedures and Guidelines. Meeting packets shall be distributed to Board members at least two (2) days prior to a meeting when possible. PCRB SOP-9/98 - 2 Bm PLace of Posting Notices and Agendas. 1. Follow requirements of Section 21.4, The Code of Iowa. The City of Iowa City provides the Notice Bulletin Board in the lobby of the Civic Center; notice of a meeting will also be distributed in media boxes located in the Civic Center. Consent Calendar shall include: Minutes of the last meeting(s); Correspondence and/or memoranda directed to the PCRB (not complaint-related)· Staff shall be given directions based on Board discussion as to whether staff shall respond or whether Board members shall respond, with copies furnished to the Board. Time for open public discussion shall be made available at all open meetings as provided by the PCRB By-Laws, Article V, Section 6. Time for "Board Information" and "Staff Information" shall be made available at all meetings. Decisions made in executive session shall be ratified in open session. Taped minutes of open meetings shall be kept thirty (30) days from acceptance and approval of minutes. Taped minutes of executive meetings shall be kept for one year from the date of the meeting. Legal Counsel for the PCRB shall attend all meetings of as diroctod by the ~ Board. Electronic Participation Follow the requirements of Section 21.8, The Code of Iowa for "electronic meetinqs.". "Electronic meetings" as defined in this section presumes electronic participation is necessary for a quorumthat a majority of tho mornbore of tho Board arc participating oloctronically. 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 riqhts as if participatin.q in person.tho majority of tho Board convonos in porson. Tho porson or porsons participating oloctronically arc part of tho quorum for tho mooting and may mako or socond motions and may Voto. Rofor to Soction 21.8, Tho Codo of Iowa. PCRBSOP-9~8-3 Quorum and Voting Requirements Quorum. See By-Laws V.2. Voting. See By-Laws V. 10. Voting to close a session. See Section 21.5, The Code of Iowa. Iowa Open Records Law The Board 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. The lawful Custodian of the PCRB public records is the City Clerk of Iowa City. If the City Clerk recluires le.clal counsel concernin.cl whether a document is public or confidential, she shall notify both the City Attorney's Office and counsel to the PCRB of the rec~uest. All records of the Board shall be public except as specifically provided for in Chapter 22, The Code and in or !n the PCRB By-Laws. Only codain rocords shall bo kopt confidontial and only undor circumstancos in which thoy aro spocifically authorizod to bo kopt confidontial by Chapter 22, Tho Codo of Iowa. Confidentiality of complaints, reports of investigations, statements and other documents or records obtained in investigation of any complaint. See By-Laws VII.1 (a). Confidentiality of the minutes and tape recordings or closed sessions. See By-Laws VII. 1 (b). 6. Confidentiality of mediation matters. See By-Laws VI I. 1 (d). Confidentiality of information protected by the Iowa Open Records Law or the Iowa Open Meetings Law. See By-Laws VII.1 (c). Iowa Open Meetings Law. The Board must follow all the requirements of Chapter 21, The Code of Iowa, Official Meetings Open to Public (Open Meetings). 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. PCRBSOP-9~8-4 IV. Complaint Review Process The Board 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. Review of Police Chief's report or City Manager's report. Follow 8-8-7 B of the City Code. Select a level of review as outlined in 8-8-7 B. 1 (a)-(f) of the City Code. The Board shall notifV the Complainant and the Police Chief, or the Citv Mana.qer if the complaint is a.qainst the Chief, of the selected level of review. The Chief shall notifV the officer of the selected level of review. Ce Request for an extension of time to file PCRB public report. Refer to 8-8-7 B.6 of the City Code. The PCRB shall not issue a public report critical of a police officer until after a name-clearing hearing has been held or waived bv the police officer. Refer to Section 8-8-7 B.4 of the City Code. E. Name-clearing hearing procedure 1 .Tho Board shall soloct a proposod dato for tho namo-cloaring hoaring; 2.Writton not,co is givon to tho officor and tho complainant of tho dato, timo and plato of tho hoaring and its purposo. Tho not,co to tho officor, if hc or sho is not idontifiod in tho Chiof"s or City Managor's roport, should bo transmittod via tho Chiof of Polioo. Tho not,co to tho offiGor should provido a writton rosponso form for tho offiGor to domand or waivo tho namo-cloaring hoaring. 3.Tho offiGor may rospond by domanding a hoaring, by waiving tho hoaring in writing, or by not rosponding to tho not,Go. Tho complainant has no indopondont right to a hoaring, and tho Gomplainant's wishos as to holding tho namG-cloaring hoaring arc not binding on tho Board. (a) If tho offiGor has domandod a hoaring, tho chair of tho Board shall conduct a hoaring as por 8-8-7 B.d of tho City Codo. At a minimum, this would roquiro that tho offiGor and tho complainant havo a right to mako a statomont and to prosont ovidonco and tho tostimony of othor witnossos. It would also roquiro somo right to confrontation and cross oxamination or opportunity to robut opposing ovidonGo. Tho Board may sot roasonablo rulos about tho timo allowod to oaoh sido with tho typos of ovidonGo it may roGoivo as long as tho rulos arc noutral. Tho hoaring goal is to givo ovoryono a fair say in a Gontrollod mannor. (b) If tho offiGor has waivod tho right to a namo cloaring hoaring, tho Board nood not provido ono in his or hor absonco. Nonotholoss, 8-8-7 B.5 of tho statuto statos that tho Board may hold a hoaring about a complaint if tho offiGor has waivod tho namo cloaring PCRBSOP-9~8-5 hoaring, but tho complainant or tho dopartrnont wishos to prosont ovidonoo. Howovor, tho Board nood not provido a hoGring in such a CaSO. (C) In tho ovont tho officor doos not roply concorning his or hor right to a namo-cloaring hoaring, tho Board may procood to schodulo a hoaring and dotormino at tho timo of tho hoGring whothor it will rocoivo ovidonco or cancol tho hoaring. 4 .Tho namo-cloaring hoGring is a closod hoGring undor Iowa Codo Soction 22.7(5) or 21.5(i). Tho officor involvod, tho complainant, and any witnossos may attond. Tho subjoct mattor is still tho Chiof's roport and tho Board's ponding invostigation of it. An officor's roquost for a namo clo.~ring hoGring would ongago Soction 21.5(i). 5.Aftor tho closod sossion in which tho namo-c, loaring hoGring is hold and tho Board roachos its docision about tho contonts of its public roport, tho Board should roturn to opon sossion. At any timo aftor tho namo cloGring hoaring, tho Board may approvo its public roport, including any changos mado as a rosult of tho namo-cloaring hoGring. If the Board 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 hearin.q prior to the issuance of the Board's report to Council. 2. The Board shall select a proposed date for the name-clearinq hearinG. Written notice of the date, time and place of the name-clearing hearing shall be Given to the officer no less than ten workinq daVs 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-clearinq hearinG. Said written response form shall also allow the police officer to state whether he or she requests an open or closed session. If the officer provides a written waiver of the name-clearinG hearing prior to the date set for hearinq, 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 hearin.cl shall be terminated. If the officer demands a hearinq or appears at the hearinq, the Board will first determine whether the hearinq shall be open or closed. If the officer requests a closed session, the Board shall close the session pursuant to motion specifically identifvinq 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 PCRB SOP-9/98 - 6 9. The complainant shall not receive a notice of, or have the riqht to participate in, a name-clearin.q hearinq. 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 Board. 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. 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. 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 Board 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 Board member may raise an issue at a PCRB meeting. PCRB SOP-9/98 - 7 At the hearin.q the Board shall advise the officer of the Board's proposed criticism(s) and evidence supportinq the same. The officer shall be given the opportunity to be heard and to present additional evidence, includin.q the testimony of witnesses. If, subse.quent to a name-clearin.q hearin.q or waiver of a name-clearin.q hearin.q bv the officer, the Board chanqes its level of review, it shall issue a new written notice pursuant to subparaqraph B. hereof. If, followinq said chanqe, the proposed report is critical of the sworn officer's conduct, the Board shall offer another name-clearing hearinq to the officer pursuant to the name-clearinq hearinq procedures herein. VI. VII. Co The Board encourages signed written correspondence from citizens but will accept anonymous correspondence concerning policies, procedures, and practices of the Iowa City Police Department. Annual Repod 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 The annual report shall include information required by Chapter 8 of the City Code. The PCRB's annual report may also include recommendations to amend the Ordinance. General 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. When legal counsel and/or staff are contacted on PCRB business, they shall report that information to the Chair and to each other. Contacts between a Board member and the Police Chief and/or City Manager shall be in the form of written communication when possible. Requests for information from the Board to the Police Chief or City Manager shall be in writing. 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. 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 Attornev's Office. H. The Board shall utilize its own letterhead stationery. eleanor%pcrbgde.doc PCRB SOP-9/98 - 8 City of Iowa City MEMORANDUM Date: November 13, 1998 To: From: City Council ~ Eleanor M. Dilkes, City Attorney y~.~~ Sarah Holecek, First Assistant City Attorne Re: Police Citizens Review Board Standard Operating Procedures and Guidelines You have received from the PCRB its proposed standard operating procedures and guidelines, which are subject to your approval prior to becoming effective. In your packet you will find a red- lined copy of those proposed procedures showing our recommended changes. This memo will summarize our reasons for the proposed changes. We will be available at your work session on Monday, November 16 to answer any questions you may have regarding our recommendations. We assume that if you are inclined to make changes to the PCRB's proposed procedures, the PCRB will be given the opportunity to give you its input on the proposed changes. Copies of our proposed changes and this memo also have been sent to Doug Russell, attorney for the PCRB. We have informed Doug that you will consider both the guidelines and proposed amendments at your meeting of November 16, and suggested that it may be helpful for member(s) of the PCRB and/or its counsel to be present at that meeting to listen to your discussion. The following are the reasons for the changes we are proposing. I.(A)(2) In addition to the officer's name, other information can be included in a complaint that would identify the officer, such as badge number or physical characteristics. Therefore, we suggest that other identifying information be deleted from the complaint as well. I.(B) The PCRB ordinance provides for summary dismissal in two instances. The first is when complaints have been filed after the 60 day statute of limitations, and the second is when a complaint has been filed against a person who is not an Iowa City sworn police officer. We suggest that this section be expanded to include both instances in which summary dismissal is appropriate. We are concerned about the procedure proposed by the PCRB for allowing the complainant to comment on the possibility of summary dismissal. We understand the PCRB's interest in allowing the complainant to be heard on this issue, yet are concerned that an invitation to the complainant to appear at an open meeting and present evidence creates the risk that confidential information will be discussed in a forum sanctioned by the Board. We propose, as one way of addressing these competing interests, that the complainant be invited to submit a written response to the Board's notice that the complaint appears to be untimely or not against an Iowa City sworn police officer. We recognize, of course, that the complainant may attend any open meeting, but believe that a written response will provide the Board with some forewarning as to whether the complainant believes it is necessary to discuss the facts and circumstances of the complaint in order to address the jurisdictional issue. We have also included a statement in the procedures that makes it clear that the facts and substance of the complaint will not be discussed at the open meeting at which summary dismissal is discussed. If such discussion is required, the Board would need to consider whether an executive session was necessary in order to dispose of the issue without compromising confidentiality. I.(D) We suggest the complainant be able to withdraw his or her complaint at any time prior to the Board's issuance of its report to the City Council. The ordinance contemplates that PCRB Procedures & Guidelines November 13, 1998 Page 2 mediation is available at any time (and potentially, therefore, withdrawal of a complaint) and the ordinance provides no authority for requiring consent of the Board to withdraw a complaint. By way of analogy, I note that under our City Human Rights Ordinance a complainant may remove jurisdiction from the Commission by asking for a right to sue letter at any time prior to a probable cause determination by the Commission. In the event a complaint which the Board believes should be pursued is withdrawn, pursuant to 8-8-3(B) of the ordinance, the Board would have the right to initiate a complaint, assuming the 60 days statute of limitations had not passed. III (I) It is our recommendation that legal counsel for the PCRB attend all meetings of the Board. The legal issues are complex and numerous, including, but not limited to, open meetings/records concerns, privacy issues, constitutional issues, liability issues and procedural issues. As contemplated and evidenced by Section 8-8-5(C) of the ordinance, other proceedings in which the police department and complainant may be involved (e.g., civil rights claims, civil litigation, criminal charges) increase the complexity of the issues that face the Board and the City, and legal advice is both prudent and necessary in such situations. Ill (J) The proposed changes to this section are merely for purposes of clarification. Section 21.8 of the Iowa Code allows an electronic meeting to be held only upon a finding that a meeting in person is impossible or impractical. This section applies only when electronic participation is necessary for a quorum (as opposed to when a majority of the Board members are participating electronically). Such a finding need not be made if the member who is participating electronically need not be present in order to constitute a quorum. III (L) If the City Clerk requires legal counsel in determining whether a requested record is public or confidential she should notify both the city attorney and counsel for the PCRB. We have changed Subparagraph 3 to make it clear that the PCRB by-laws do not supplant the requirements of Chapter 22 in determining the confidentiality of records. IV(B) We believe the parties should be notified of the level of review. As set forth in our proposed name-clearing procedures, a change in the level of review has ramifications for the name-clearing hearing process. IV(D) The name-clearing hearing may be waived. IV(E) Name-Clearing Hearing Procedure. Our proposed name-clearing hearing process is different from that proposed by the PCRB and contemplates a change to the ordinance. We understand that other changes to the ordinance have been suggested and will be discussed at a later date. As we will explain, however, the current name-clearing provision in the ordinance is defective, conflicts with due process principles and should be amended immediately so that an appropriate procedure for name-clearing hearings can be put in place. The relevant provision of the ordinance to be amended states 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. (emphasis added) PCRB Procedures & Guidelines November 13, 1998 Page 3 The requirement of a name-clearing hearing is grounded in constitutional principles of due process and is intended to afford the officer the oppodunity to be confronted with the Board's proposed criticisms and evidence supporting the same. The officer must then be given a meaningful opportunity to be heard and to present additional evidence prior to release of the Board's public report. As it is the officer who will be adversely affected by a critical report, it is the officer who must be afforded the opportunity to respond prior to the issuance of that report. The name-clearing hearing should not be an adversarial hearing between the officer and the complainant. The ordinance taken as a whole does not envision such an adversarial process and there are other more appropriate venues for such adversarial proceedings. The Board's proposed procedures, which contemplate such an adversarial hearing, are likely an attempt to accommodate the above-noted ordinance provision that provides for notice to the complainant and testimony by the complainant. This provision should be amended as it is confusing and contrary to the due-process purposes of holding a name-clearing hearing prior to taking adverse action. We propose that the ordinance be amended 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 the police officer so that he or she 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 the officer. The officer may waive the right to this hearing upon written waiver submitted to the Board. We note that such a change does not interfere with the ability of the Board to interview the complainant per 8-8-7 City Code. VII(G). The treatment of voice mail messages and the determination of whether there are extenuating circumstances to retain or transcribe the same should be made by both counsel for the PCRB and the City Attorney's Office as such messages may have implications for the City and the PCRB. The PCRB has a number of pending complaints. It is essential that we get a constitutionally sound name-clearing hearing procedure in place. We suggest that if you accept our recommendations, you defer approval of the PCRB procedures until December 15, so you may hold first reading on the ordinance change on December 1'*. Thereafter, if you collapse the final two ordinance readings and pass the same on December 15, the procedures may be approved at that time in conformity with the amended ordinance. We will see you at your work session on November 16. In the meantime, do not hesitate to call either one of us if you have questions. cc with proposed revisions to procedures: Doug Russell, Counsel for PCRB by FAX Marian Karr, City Clerk Steve Atkins, City Manager Dale Helling, Assistant City Manager R. J. Winkelhake, Chief of Police Matt Glasson, Attorney for Police Officers' Union by FAX eleanor/mem/pcrbguid .doc