The URL can be used to link to this page

Home My WebLink About1998-12-15 Resolutioni 2-i 5-98 3c(8) RESOLUTION NO. 98-383 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: Gabe's - 330 E. Washington Street It was moved by Norton and seconded by 0'Donnell as read be adopted, and upon roll callthere were: that the Resolution AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Passed and approved this 15th day of December , 19 98 City Attorney's Office a\d anceprm. res , / 12-15-98 3d(1) Prepared by: Terry Trublood, Director, Parks and Rec, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110 RESOLUTION NO. 98-384 A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PARK MAINTENANCE BUILDING IN NAPOLEON PARK, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE PARKS AND RECREATION DIRECTOR TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 12th day of January, 1999, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. m That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proposal in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing· That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the Parks and Recreation Director in the office of the City Clerk for public inspection. Passed and approved this 15th ATTEST: Cll~'4CLERK Approved by It was moved by Norton adopted, and upon roll call there were: and seconded by 0'Donnell the Resolution be AYES: NAYS: X X X X X X X ABSENT: Champion Kubby Lehman Norton O' Donnell Thornberry Vanderhoef . parksrec\res\napol5.doc 12-15-98 3d(2) Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 98-385 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SUMMIT STREET BRIDGE RECONSTRUCTION PROJECT (PROJECT NO. BRM-3715(13)--8N-52), DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: A public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 12th day of January, 1999, at 7 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proposal in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. A copy of the plans, specifications, form of contract, and estimate of cost of the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 15th day of December , 1998. Approved by City Attorney's Office pweng\res\surntbrdg .doc Resolution No. 98-385 Page 2 It was moved by Norton and seconded by adopted, and upon roll call there were: 0 ' Donnel 1 the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef 12-15-98 3d(3) Prepared by: Chuck Schmadeke, Dir. of Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356-5141 RESOLUTION NO. 98-386 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SAND PIT PUMP STATION - LOWER TERMINUS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 12TM day of January, 1999, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proposal in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 15th day of December ,19 98 ATTEST: Ci~~L~KK' City Attorney's Office pweng\res~sandpit.doc Resolution No. 98-386 Page 2 It was moved by Norton and seconded by adopted, and upon roll call there were: O'Ponnell AYES: NAYS: ABSENT: X X X X X the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Dennis Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240; 319-356-5142 RESOLUTION NO. 98-387 RESOLUTION ACCEPTING THE WORK FOR THE WATER MAIN PUBLIC IMPROVEMENTS INSTALLED WITH THE DEVELOPMENT OF THE STERLING HOUSE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Water main improvements installed with the development of the Sterling House by Wolf Construction, Inc. of Iowa City, Iowa. WHEREAS, maintenance bond has been filed in the City Engineer's office; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements are hereby formally accepted. Passed and approved this 15th day of December , 1998. It was moved by No t n and seconded by adopted, and upon roll ca~ t~;ere were: Approved by City Attorney's Office 0' Donne] 1 the Resolution be AYES: NAYS: ABSENT: pwengVes/sterling.doc X X × X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef ENGINEER'S REPORT December 7, 1998 Honorable Mayor and City Council Iowa City, Iowa Re: Sterling House Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the water main public improvements installed with the development of the Sterling House have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Engineer's Office for the water main improvements constructed by Wolf Construction, Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Ric~rdrd~A. Fosse, P.E. City Engineer 4111 F:AS'I \\ASIIIN(;1ON STRE[,I * IOI,~A ('lq'~, IOXYA 52240-18Z6 · ~319) 356-5000 · FAX (319) 356-5009 / 3e(2) I Prepared by: Rob Winstead, Sro Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. 98-388 RESOLUTION ACCEPTING THE WORK FOR THE WILLOW CREEK TRAIL, PHASE I PROJECT, MORMON TREK TO GALWAY HILLS WHEREAS, the Engineering Division has recommended that the work for construction of the Willow Creek Trail, Phase 1 Project, Mormon Trek to Galway Hills, as included in a contract between the City of Iowa City and Peterson Contractors, Inc. of Reinbeck, Iowa, dated February 13, 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 ATTEST:C~K-~)'~'2- 15th day of December , 19 98 "' MAYOR · Approved by City Attorney's Office It was moved by Norton and seconded by adopted, and upon roll call there were: O'Donnell AYES: NAYS: ABSENT: X X X X X X X the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef pwengVes\wilcrldr.doc ENGINEER'S REPORT December 9, 1998 Honorable Mayor and City Council Iowa City, Iowa Re: Willow Creek Trail, Phase 1 Project, Mormon Trek to Galway Hills Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the Willow Creek Trail, Phase 1 Project, Mormon Trek to Galway Hills 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 $217,834.47. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincere!y, ~ City Engineer EAST %%ASItlNC;TON S'IREET · IO~,%A ('If'Y, IOWA 52240-1826 · (319) 356-5000 · FAX 1319) 356-5009 12-15-98 J 3e(3) Council Member Norton introduced the following Resolution entitled "RESOLUTION DECLARING AN OFFICIAL INTENT UNDER TREASURY REGULATION 1.150-2 TO ISSUE DEBT TO REIMBURSE THE CITY FOR CERTAIN ORIGINAL EXPENDITURES PAID IN CONNECTION WITH SPECIFIED PROJECTS" and moved that it be adopted. Council Member 0' Donnel 1 seconded the motion to adopt, and the roll being called thereon, the vote was as follows: AYES: Champion, Kubby, Lehman, Norton, O'Donnell, Thornberry, Vanderhoef NAYS: None Whereupon, the Mayor declared said Resolution duly adopted as follows: Resolution No. 98-389 RESOLUTION DECLARING AN OFFICIAL INTENT UNDER TREASURY REGULATION 1.150-2 TO ISSUE DEBT TO REIMBURSE THE CITY FOR CERTAIN ORIGINAL EXPENDITURES PAID IN CONNECTION WITH SPECIFIED PROJECTS WHEREAS, the City anticipates making cash expenditures for one or more capital improvement projects, generally described below (which shall hereinafter be referred to as a "Project"); and WHEREAS, the City reasonably expects to issue debt to reimburse the costs of a Project; and WHEREAS, the Council believes it is consistent with the City's budgetary and financial circumstances to issue this declaration of official intent. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2. -2- Section 2. That it is reasonably expected that capital expenditures will be made in respect of the foregoing Project, from time to time and in such amounts as this Council determines to be necessary or desirable under the circumstances then and there existing. Section 3. That the City reasonably expects to reimburse all or a portion of the foregoing expenditures with the proceeds of bonds, notes or other indebtedness to be issued or incurred by the City in the future. Section 4. That the total estimated costs of the Project, the maximum principal amount of the bonds, notes or other indebtedness to be issued for the foregoing Project and the estimated dates of completion of the Project are reasonably expected to be as follows: Project Fund from which original expen- Total ditures are to Estimated be Advanced Cost* Amount of Estimated Borrowing Date of Anticipated Completion Library Com- puter Replace- ment/ICN Room Landfill Reserve Fund $ 470,000 $ 470,000 February, 1999 Scanlon Landfill Gymnasium Reserve Fund $ 700,000 $ 700,000 June, 1999 Willow Creek Sanitary Sewer Sewer Opera- tion Fund $5,608,670 $5,608,670 June, 1999 Expansion of S. Treatment Sewer Opera- Plant tion Fund $ 600,000 $ 600,000 June, 1999 *It is intended to seek grants and other contributions to reduce the amount of borrowing required for the following Project: If such grants are not received, it is intended that the costs to be financed will be increased accordingly. -3- Section 5. That the City reasonably expects to reimburse the above-mentioned Project costs not later than the later of eighteen months after the capital expenditures are paid or eighteen/nonths after the property is placed in service. Section 6. That this 'Resolution be maintained by the City Clerk in an Official Intent File maintained in the office of the Clerk and available at all times for public inspection, subject to such revisions as may be necessary. 1998. PASSED AND APPROVED this 15th day of December ATTEST: City Clerk SBROWNX164490\I\10714050 -4- · 12-15-98 3e(4) I Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030 RESOLUTION NO. 98-390 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF THREE ACCESS, UTILITY AND SANITARY SEWER EASEMENTS LOCATED ON LOT 51, WALDEN HILLS SUBDIVISION, IOWA CITY, IOWA WHEREAS, pursuant to the original platting of Walden Hills Subdivision, and in anticipation of a particular development design for Lot 51, the City currently possesses three 36' access, utility and sanitary sewer easements across Lot 51, Walden Hills Subdivision, Iowa City, Iowa; and WHEREAS, a resubdivision of Lot 51 has been approved along with an alternative development design, which design requires the release of the above referenced easements to facilitate building under the approved design and to clear title to certain lots within the resubdivision; and WHEREAS, Public Works has recommended releasing the existing easements as anticipated by the approved plan; and WHEREAS, it is in the public interest for development and title purposes to formally release these existing easements on the subject property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council finds it is in the public interest to release the three existing thirty-six foot (36') access, utility and sanitary sewer easements across Lot 51, Walden Hills Subdivision, Iowa City, Iowa. The City of Iowa City does hereby abandon, release and relinquish all right, title and interest in the three thirty-six foot (36') access, utility and sanitary sewer easements across Lot 51, Walden Hills Subdivision, Iowa City, Iowa as described in the final plat for the Resubdivision of Lot 51, Walden Hills, Iowa City, Iowa, and the mayor is hereby authorized to sign, and the City Clerk to attest, a release of said easements sufficient for recordation. The City Clerk is hereby authorized and directed to certify a copy of this Resolution for recordation in the Johnson County Recorder's Office together with the above-referenced release, said recording costs to be paid by the Developer of the Resubdivision of Lot 51, Walden Hills, Iowa City, Iowa. Resolution No. 98-390 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 X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Passed and appmved this 15th day of December ,1998. A. .. y sarah~landuse\lot51 eas. res ATTEST: CI;I~~LE~ ~ ~ / - - 12-15-98 5g Prepared by: Bob Miklo, Sr. Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5241 RESOLUTION NO. 98-391 RESOLUTION APPROVING THE PRELIMINARY PLAT OF VILLAGE GREEN PART XVI AND XVII, IOWA CITY, IOWA. WHEREAS, the owner, Village Partners, filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Village Green Parts XVI and XVII; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The preliminary plat of Village Green Parts XVI and XVII, Iowa City, Iowa, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this ]~;th day of December , 1998 IT ppdadrniNfes/village .doc Resolution No. 98-391 Page 2 It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef 12-15-98 5i Prepared by: Bob Miklo, Sr. Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5241 RESOLUTION NO. 98-393 RESOLUTION APPROVING THE PRELIMINARY PLAT OF SILVERCREST, IOWA CITY, IOWA. WHEREAS, the owner, Sunrise Partners, filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Silvercrest; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The preliminary plat of Silvercrest, Iowa City, Iowa, is hereby approved. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this 15th ATTEST: '.'IT~-~ ~ CI ppdadrnin/res/silvercr. doc 0 ece r , · Resolution No. 98-393 Page 2 It was moved by Norton and seconded by adopted, and upon roll call there were: Tho~-nberrythe Resolution be AYES: NAYS: ABSENT: X X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Dennis Mitchell, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240, 356-5130 RESOLUTION NO. 98-394 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A COOPERATIVE SERVICES AGREEMENT WITH THE UNITED STATES DEPARTMENT OF AGRICULTURE ("USDA") FOR THE SHARPSHOOTING OF DEER PURSUANT TO THE WINTER 1998/99 DEER MANAGEMENT PLAN. WHEREAS, the City of Iowa City has adopted a deer management plan for winter 1998/99 which is intended to provide needed relief and protection for the environment, property owners, and motor vehicle operators within the corporate limits of Iowa City; and WHEREAS, one component of the'plan is the sharpshooting of deer; and WHEREAS, it would be in the public interest to hire persons with previous experience to sharpshoot deer pursuant to the plan; and WHEREAS, the USDA has previous experience sharpshooting deer in similar environments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: It is in the public interest to enter into an agreement with the United States Department of Agriculture for the sharpshooting of deer pursuant to the Winter 1998/99 Deer Management Plan· The Mayor is hereby authorized to sign and the City Clerk to attest the attached Cooperative Services Agreement with the United States Department of Agriculture· Passed and approved this ATTEST:C~:/~2. 15th day of December , 1998. City Attorney's Office Resolution No, 98-394 Page 2 It was moved by Norton and seconded by adopted, and upon roll call there were: AYES: NAYS: X X X X X x X O' Donne 11 the Resolution be ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef .2 99 72 19 2839 RA Actg Code: 97372 19650 COOPERATIVE SERVICE ~GREEMENT J/ N 2 '5 1999 between CITY OF IOWA CITY, IOWA and the UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS) WILDLIFE SERVICES (WS) ARTICLE 1 The purpose of this Agreement is to cooperate in a wildlife damage management project, as described in the attached Project Work Plan. ARTICLE 2 Authority exists under the Animal Damage Control Act of 193 1 (7 USC 426-426b and 426c, as amended) and the Rural Development, Agriculture and Related Agencies Appropriations Act, 1988 (P.L. 100-202), to cooperate with States, individuals, public and private agencies, organizations and institutions to control wildlife damage. ARTICLE 3 The parties mutually agree as follows: 1. The cooperating parties will carry out program activities in accordance with the Project Work Plans (Work Plan for Fiscal year 1999 attached). 2. To meet as determined necessary to discuss program accomplishments, needs, and procedures. 3. All property purchased with Agreement funds shall i'emain the property of WS upon termination or completion of this Agreement. 4. All parties agree to abide by .applicable local, state, and federal laws and regulations. Nothing in the Agreement shall prevent other organizations or individuals from entering into separate a~reements with WS for the purpose of managing deer or other wildlife species. ' 1 of 4 ARTICLE 4 Iowa City agrees: 1. To provide for the transportation and proper processing of the deer each night that the population reduction occurs. 2. To provide WS personnel the needed access to city properties to conduct deer management activities. 3. To provide security from public access at the sites and times designated and approved by the city for sharpshooting. 4. To reitnburse WS for costs associated with the agreement as outlined in the work plan (Attachment 1). 5. To pay approved bills for services, supplies, and equipment associated with the project within thirty (30) days after receipt. That wildlife damage management options, including the use of services provided by the private sector, have been carefully considered. After considering these options, Iowa City requests that WS provide its services under the stated terms of this agreement. WS Agrees: 1. To administer the program utilizing federal employees as outlined in the Project Work Plan. 2. To coordinate activities with Iowa City throughout the project. , To prepare activity, progress, and/or financial reports to be submitted to Iowa City as agreed upon by both ponies, and as set forth in the Project Work Plan. To ensure that sharpshooting is conducted safely and that all WS sharpshooters meet the minimum qualifications set forth in Exhibit A to Attachment 1. ARTICLE 5 Pursuant to Section 22, Title 41, United States Code, no member of or delegate to Congress shall be admitted to any share or part of this Agreement or any benefits to arise therefrom. 2 of`i, ARTICLE 6 APHIS-WS will hold the City harmless from any liability from the negligent act or omission of a government officer or employee acting within the scope of his or her employment to the extent compensation is available pursuant to the Federal Tort Claims Act (FTCA), 28 USC 2671 et.seq., except to the extent that aforesaid liabi!ity arises from the negligent acts or omissions of Iowa City, their employees, agent, or subcontractor(s). Such relief shall be provided pursuant to the procedure set froth in the FTCA and applicable regulations. ARTICLE 7 This Agreement shall become effective on the date of final signature and shall continue, subject to renewal in writing by mutual agreement of the parties, from the date of final signature through September 30, 1999, or until completion or termination of the project. This Agreement maybe amended at any time by mutual agreement of both parties in writing. In the event Iowa City does not deposit necessary funds, APHIS-WS is relieved of the obligation to provide services under this Agreement. Iowa City reserves the right to cancel or terminate this Agreement as deemed necessary due to default by APHIS-WS, or lack of further need for the services outlined in this Agreement .due to unforeseen events or a change in the scope of the project. Cancellation or termination of this Agreement by either party may be accomplished by provid'ing 30 days notice in writing to the other party. ARTICLE 8 Upon completion of each Project Work Plan under this agreement, or upon cancellation or termination of the Agreement, APHIS~WS shall provide Iowa'City, within 30 working days aeter the completion of each Project Work Plan or the conclusion or termination of this agreement, with all financial, activity, or progress reports as required and outlined in each Project WorkPlan. Upon receipt and acceptance of a final report and a financial report of expenditures and costs as allowable under this Agreement, Iowa City shall make restitution of the balance of the agreed upon amount, up to the amount reported by APH/S-WS as true and reimbursable expenses under the conditions of this Agreement. APHIS-WS shall immediately refund to Iowa City payments or funds advanced to APHIS-WS in excess of allowable reimbursable expenses. 3 of 4 Ernest W. Lehman 410 East Washington Street, Iowa City, IA 319/356-5000 Ci~eck, Ci~' 7~. ~ of Iowa City Marian Kan' 410 East Washington Street, Iowa City, IA WS State Director 2407 Industrial Drive, Columbia, MO 573/446-1862 Date Date ~'~d;:7,,I/, CIty Attorney's Office "E~aste~ Reglon~ 3322 WeanEnd Avenue, #301, Nashville,'TN 615/736-2007 Date 4 of 4 C) ATTACHMENT 1 IOWA CITY DEER DEPOPULATION PROJECT WORK PLAN FY 1999 Cooperator- City of Iowa City, Iowa Location- City limits of Iowa City, IA Scope of Work: A~ Wildlife Services (WS) will conduct a white-tailed deer population management project in Iowa City between January 4, 1999 and February 28, 1999 utilizing sharpshooters with center-fire rifles equipped with noise suppressors and spotlights. The term of this project may be extended through March 31, 1999 pending any required approval of State of Iowa agencies and/or commissions. Sharpshooting will only occur at the locations and times designated and approved by the City Manager of Iowa City or his designee. B. WS will conduct these activities primarily during night time hours, Monday through Thursday, barring any unreasonable weather or unforseen circumstances. C. WS will provide one sharpshooting vehicle each week with 2-3 WS personnel to conduct the sharpshooting activities. D. Iowa City will provide forthe vehicles and personnel necessary for the carcass recovery, transport, and processing. These costs are not included in this work plan. E. All WS sharpshooters shall pass the minimum qualifications as set forth in Exhibit A. F. WS shall provide the City of Iowa City with records regarding: 1) the total numbers of shots fired; 2) the total number of shots which struck deer; and 3) the total number of deer shot at each location which sharpshooting occurs. Costs: WS has estimated the cost to be approximately $175.00 per deer. It has been estimated that up to 240 deer need to be removed. WS will only be reimbursed by the city for the actual costs up to the $175.00 per deer. .. EXHIBIT A United States Department of Agriculture Animal and Plant Health Inspection Service Wildlife Services MO/IA/MN Sharpshooter Certification Requirements In order to insure human safety and humane euthanasia, personnel implementing deer population reduction by sharpshooting must pass the sharpshooter certification requirements as follows: 1. Proposed USDA sharpshooters must meet the requirements as set in the Wildlife Services Policy manual under Directlye 2.615, Firearm Use and Safety, dated June 6, 1994 and the addendure dated October 25, 1994. (See attachment) 2. A proficiency test will be administered by the Wildlife. Services safety officer to insure that each employee can consistently and aecurately hit the target. This test will be administered at a 50 yard outdoor range. Applicants are allowed to use a bench rest since this simulates field conditions. The applicant will use the firearm and munition that will be used in the field during the actual removal program. The firearm will be fitted with telescopic sights and a noise suppressor. For all dries, the test target is the NRA official 50-yard small bore rifle target with 5 bulls eyes. On the official test target which the applicant has signed and dated prior to attaching to the target backstop, the applicant will discharge one round at each bulls eye for a total of 5 shots. The cutoff for certification is 45 out of a possible total of 50 points. Potential sharpshooters are expected to familiarize themselves with, and to follow, all rules of the firearm range used for the proficiency test. The applicant' s knowledge of his/her firearm and ability to safely handle a firearm will be evaluated during the proficiency test. Note: Although a sharpshooter candidate may initially be certified after fulfilling the above requirements, this certification is tentative and is continually evaluated during the course of the program. Any disregard for human safety, high incidence of inaccuracy, and/or other problems will result in the immediate revocation of the individual's certification as a sharpshooter. Dated: December 7, 1998 United States Department of Agriculture Animal and Plant Health InspecUon Service AD C D irective 2.615 6/4/94 FIREARM USE AND SAFETY PURPOSE To establish guidelines for the use of firearms in the conduct of official duties and to set minimum training requirements. REPLACEMENT HIGHLIGHTS This directive revises ADC Directiv. 2.615 dated 3/26/93. DEFINITIONS For the,purpose. of this directiv., handguns, pistols~ rimfire and centerfire rifles, shotguns~ and air rifles:regardless if they are used for discharging ~mmunition or pyrotechnics.are considered firearms. POLICY ADC personnel are authorized to transport, carry, and use firearms necessary to perform ADO duties. Use and possession of firearms must be in accordance with all Federal, State, and local laws and regulations. Because laws governing firearms vary geographically, ADC personnel must become familiar with the laws of the State and locality in which they workand travel. a. Handguns. Handguns used by ADC personnel for official duty will be carried and transported in accordance with State and local laws. When handguns are not in use, they are to be unloaded and secured in a manner prescribed by local statute. ADC personnel will not. carry concealed weapons on their person while on official duty unless authorized by the State Director and the appropriate regulatory licensing ~uthority. b. Rifles and Shotguns. Rifles and shotguns.will be transported and stored in a location out of public view. Display of rifles or shotguns in window racks of Government-owned, leased, or privately- owned vehicles leased for official Government business is not permitted. Where immediate firearm access is likely, weapons may be carried in a more accessible manner. Firearms shall not have a cartridge in the chamber while in a motor vehicle. Firearms left or stored in unattended vehicles must be placed out of public sight and the vehicle locked. United States Animal and Animal Damage Department of Plant Health Control Agriculture Inspection Service 2407 Industrial Drive Columbia, MO 65202-1280 (314) 446-1942(f.ax) (3141 446-1862 ADDENDUM TO DIRECTIVE NO. 2. 615 ADC DIRECTIVE (MISSOURI/IOWa/ILLINOIS) o/25/94 IN ADDITION TO ADC DIRECTIVE 2.615, FIREARM USE AND SAFETY, THE FOLLOWING MINIMUM TRAINING STANDARDS WILL BE REQUIRED OF ALL ADC PERSONNEL IN THE MISSOURI, IOWA, AND ILLINOIS PROGRAM: 1. PYROTECHNICS TRAINING: THIS IS TO INCLUDE THE USE, TRANSPORTATIONAND STORAGE OF PYROTECHNICS, LAUNCHERSAND. FUSE ROPE. A MINIMUM OF TWO (2) HOURS OF CLASSROOM AND FIELD EXPERIENCE IS REQUIRED. 2. FIR~ TRAINING: THIS IS TO INCLUDE THE USE, TRANSPORTAION AND STORAGE OF SHOTGUNS, RIFLES AND PISTOLS. A MINIMUM OF FOUR (4) HOURS OF CLASSROOM AND FIELD'EXPERIENCE IS REQUIRED. THIS MAY INCLUDE STATE APPROVED HUNTER SAFETY COURSES, NATIONAL RIFLE ASSOCIATION CERTIFICATION, USDA/APHIS/ADC FIREARM TRAINING CLASSES AND/OR APPROVED VIDEOS. R. EDWIN HARTIN STATE DIRECTOR APHIS - P~olecling American AOriculture © An Equal Oppor|unily Employer DEC 2 1 199B CITY OF I0 WA CITY December 18, 1998 Mr. R. Edwin He:-t!n United States Department of Agriculture Wildlife Services 2407 Industrial Drive Columbia, MO 65202-1260 Re: Cooperative Service Agreement Between the City of Iowa City and United States Department of Agriculture Dear Ed: The Cooperative Services Agreement was approved by the City Council on December 15, 1998, and has been signed by the Mayor and City Clerk. Please sign the agreement, along with the WS Eastern Regional Director, and return it to me at your earliest convenience. If you have any questions, please do not hesitate to give me a call (319) 356-5030. We look forward to working with you on this project. Very truly yours, Dennis Mitchell Assistant City Attorney Cc: Lisa Handsaker, Administrative Assistant dennisideerlusda-d 14 410 EAST WASHINGTON S'~EET · IOWA CITY, IOWA ~2240-1826 · 319) 356-5000 , FAX (319) 356-~009 TIlE 09:25 FAX ~ 3~4 446 ~42 ADC-M0, COOPERATIVE SERVICE AGREEMENT between CITY OF IOWA CITY, IOWA and the UNITED STATES DEPARTMENT OF ',ANIMAL AND PLANT HEALTH INSPBCTION Wn, DL~ SERVICES (WS) ARTICLE 1 The purpose of this Agreement is to cooperate in a des~fibetl in the attaohed Project Work Plan. damage management project, as 2 Authority exists under the Animal Damage amended) and the Rural-Development, 1988 (P.L 100-202), to cooperate with organizations and institutions to control Act of 193 1 (7 USC 426426b and 426c, as ~.elat~d Agencies Appropriations Act, individuals, public and private agencies, damage. ARTICLE 3 The parties mutually agree as 1. The co Proj . will carry out program activities in accordance with the (Work Plan for Fiscal year 1999 attached). 2. To meet necessary to discuss program accomplishments, needs, and ~002 3. All purchased with Agreement funds shall remain the property of WS upon or completion of this Agreement. 4 parties agree to abide by applicable local, state, and federal laws and regulations. 5. Nothing in the Agreement shall prevent other organizations or individuals from entering into separate agreements with WS for the purpose of managing deer or other wildlife species. 1 of 4 12/15/98 TUE 09:25 FAX 1 314 446 1942 ADC-MO, ~003 ARTICL]~ 4 Iowa City agrees: 1. To provide for the transportation and proper processing Of the deer each fight. that the population reduction occurs. 2. To provide WS personnel the needed access to city properties to conduct deer management activities. 3. To provide security from public access at the sites and times designated and approvod by the city for sharpshooting. To reimburse WS for costs associated with the agreement as outlined in the work plan achment 1),. 5. To approved bills for services, supplies, and equipment associated with the project Sty (30) days after receipt, 6. damage management options, including the use of services provided by the private s or, have been carefully considered. After considering these options, Iowa City reque ts that WS provide its services under the Stated terms of this agreement. ~h~ii WS Agrees: 1, To administer the program illzing federal employees as outlined in the Project Work Plan. 2. To coordinate activities with low City throughout the project. 3. To prepare activity, progress, and/or ancial reports to be submitted to Iowa City as agreed upon by both parties, and as set rth in the Project Work Plan. 4. To ensure that sharpshooting is conducted sa ly and that all WS sharpshooters meet the minimum quali~tions set forth in Exhibit to Attachment I. ARTICLE 5 / / 2 of 4 12/15/98 TUE 09:26 F&X 1 314 446 1942 ADC-MO, ~004 / APHIS-WS will hold the City harmless from any liability from the negligent act or o ' 'on of a government officer or employee acting within the scope of his or her employment to c extent corn sation is available pursuant to the Fcdcrdl Ton Claims Act 0q'CA), 28 U 2671 et.seq., excep to the extent that aforesaid liability arises from the negligent acts or omi xons of Iowa City, fii ir employees, agent, or subcontractor(s). Such reliefshall be provide pursuam to the procedu set ~oth in the FTCA and applicabic rcgukttions. ARTICLE 7 // September 30, 19 , or until completion or termination of the ro]ext. This Agr~ment may b~ . ' r . . ' ' .", . . . ' s necessary due to default by~APHIS-WS, or lack need for the s~rvic~s outlined in this Agreement due io unfor~cn events or a change in scope of the project. Cancellation or temfination of this Agre~-nent"by either party may accomplished by proudcling 30 days notice in writing to the other part~. 8 Upon completion of each Projee~ under this agreement, or upon cancellation or termination of the Agreement, shall provide Iowa City, within 30 working days after the completion of each Project Work I or the contusion or termination of this agreement, with all financial, activity, or repons~ required and outlined in each Project WorkPlan. Upon receipt and acceptance of a report and-a financial report of expenditures and costs as allowable under this Agreement shall make~ restitution of the balance of the agreed upon mount, up to the by APHIS-W$ as true and reimbursable expenses under the conditions of this APHIS-WS shall immediately refund to Iowa City payments or funds advance, d to in excess of allowable reimbCtrsable expenses. 3 of 4 12/15/98 TI,TE 09:26 FAX I 314 446 1942 ,~C-MO, ~005 Mayor, city of Iowa city Em W. Lehman 410 WashinSton Strcct~ Iowa City, IA 3 19/35 5000 lerk, City o owe City Madan Kerr ' . i , IA 4 1 owe C ty Date 12/15/98 Date 12/15/98 WS State Direator 2407 Industrial Drive, Columbia, MO 573/446-1862 Date WE Eastern Regional D~rector 3322 West End Avenue, #301, 6151736-2007 4 of 4 12/15/98 TUE 09:26 FAX ~ 314 446 1942 ADC-MO, ~006 ATTAC~ I IOWA CITY DKER DEPOPULATION PRO/F-.CT WORK PLAN FY 1999 Cooperator- City of low City, Iowa A. Wildlife Services (WS) will condu~white-tail deer population management project in Iowa City between January 4, 1999 and F~ruary ~,e~i1999 utilizing sharpshooters with center-fire rifles equipped with noise suppressors and' sp t!' ts. The term of this project may be extended through March 3 I, 1999 pending any rcquir proval of State of Iowa agencies and/or ' commissions. Sharpshooting will only occu at the locations and times designated and approved by the City Manager of Iowa City or his signee. ~ C. WS will provide one s tinl~ vehicle each week with ~ WS personnel to conduct the sharpshooting activities. '~\~,, ~ D. Iowa City will provid~ for the vehicles and personnel necessary for ttle carcass recovery, transport, and proccss~Fg. These costs are not included in this work plan. E. All WS sharpsh ~ters shall pass the minimum qualifications as set' forth in Exhibit A, F. WS shall pr 'de the City of Iowa City with records regarding: ]) the total nurnbcr~ of shots fired; 2) the t al number of shots which struck deer; and 3) the totat number ofde, cr shot at each tocation wh' Sharpshooting occurs. Costs: - WS as esLimated the cost to be approximately $175 .00 per deer. It has been estimated that, up to 24 deer need to be removed. WS wi|! ortty be reimbursed by the city for the actual costs ups'to 12/15/98 'I~ 09:27 FAZ 1 314 446 1942 ADC-M0, EXHIBIT United States DepatWaent of Agriculture Animal and Plant Health Inspection Service Wildlife Services MOfIA/MN Sharpshooter Certification Requirements In order to ure hku'nan safety and humane euthanasia, personnel impiementing deer population Policy manual u~d, er Dixccfive 2.615, Firearm U~'e and Safer(dated June 6, 1994 and the addendure dated O~tober 25, 1994. (See attachment) ,' / 2. A proficiency test ~v~ll be administered by the Wildl~gcrvices safety officer to insur~ that conditions. The applicant will use the firearm an ammunition that will bc used in the field durip~g the actual removal program The fircaVil be fitted with telescopic sights and a noise sup ressor. - · ' ' / backstop, the applicant .will discharge 0~c round at each buils eye for a total of 5 shots. The cutoff for certification is 45 out of a p6ssible total of 50 points. / e t Potential sharpshooters aze expected to familiarize thems Ires with, and o follow, al rates of the firearm range used for the pro~9[ency test. The applicant' s knowledge ofhisfaer firearm and ability to safely handle a ~rea~ will bc evaluated during the proficiency test. Note: Although a sharpsh otex candidate may initiallybc certified after fulfilling the above requirements, this certifi ation is tentative and is continually evaluated during the course of the ' ' ' ' ' / / Dated: DecOr 7, [~007 12/15/98 TUE 09:27 FAX 1 314 446 1942 ADC-MO, ~008 United Slams Department of Agriculture H Animal and Plant ealth In~pec~on Service ADC Directive EXHIBIT A ~.6~5 6/&/94 FIREbRM USE_.A~D SAFE~ 1. BE ' - To est lish ~uidelines for the use of firearms ~n the conduct of officia duties and to seC minimum trainln~ requirements. , 2, REPLAC ILtGHLIGHTS This d~rectf e revises ADC Directire 2.61~.~a~ed 3/26/93. 3, DEFINITIONS . . I/ , c eai., :r e used for distherEin~ nition or pyrot~/a~ics :aFe considered firearm, / ~, . 'POLI~ /' '~a~ ~t~ansporc, carry, and use firearms / / Use and possession of m~t be in accordance ~iCh all Fedezal. State, and local laws and :ions. Became laws ~over~n~ firear~ va~ ~eo~raphically, ~C m~t become faili~ rich the laws of ~ Scare and loali~ which they work an~ travel, a manner · concealed authorized licens in5 b. .R3f]_es stored shot owned perm ~andg~..ns. used by ADC personnel for official duty will be carried and in accordance with State and local laws. When handouts a not in use, t~hey are to be unloaded and secured in by local statute. ADG personnel will not carry on their person ~nile on official duty unless the State Director and c he appropriate reEulatory Shotguns. Rifles and shotguns will be transported and a location out of public view. Display of rifles or in window racks of Government-owned, leased, or privately- leased for official Government business is non Where immediate firearm access is likely, weapons may be s ored in unattended vehicles must be placed ouc 0f public .vehicl. e locked " car .ed in a more accessible manner. Firearms shall not have a ca in the chamber while in a motor vehicle, Firearms lef~ or sigh~ and 12/15/98 TUE 09:27 FAX 1 314 446 1942 ADC-MO. ~uvv EXHXBIT A Un|led 8tares Animal end Department o! Plant Hoalth Agriculture Inspection SeNice Animal Damage 2407 Industrial D=Lve Oolumbia, HO 65202-1280 (3Z4] 446-lyi2(fa~) (3Z4) 4i6-1862 ADC DIRECTIVE ( IN ADDITION TO ADC FOLLOWING MINIMUM PERSONNEL IN THE MISSOURIt 1. PYROTECHNICS TRANSPORTATIONAND FUSE ROPE. A MINIMUM Ot FIELD EXPERIENCE IS ADDENDUM TO DIRECTIVE NO, 2. 615 / / / / rILLINOIS) /"" 10/25/94 / / / 2,615, REARM USE AND SAFETY THE REQUIRED OF ALE ADC PROGRAM: / / THIS IS TO INCLUDE THE USE, ~F PYROTECHNICS, LAUNCHERS AND (2) HOURS OF CLASSROOM AND 2, FIRE/LRM TRANSPORTAION PISTOLS,. A FIELD' APPROVED ASSOCIATION TRAINING THiS STORAGE OF OF FOUR (4) Is REQUIRED, SAFETY CERTIFICATION, AND/OR APPROVED TO INCLUDE THE USE, · RIFLES AND OF CLASSROOM AND S MAY INCLUDE .STATE NATIONAL RIFLE /ADC FIREARM S. R. EDWI FAiRTIN STATE APHIS - P,OlCClir~ AmCfi4;I, ft A~kuhu'e USDA UnHed States Department of Agriculture Animal and Plant Health Inspection Service Wildlife Services DEC 10 1998 CITY ATTORNEY'S OFFICE 2407 Industrial Drive Columbia, MO 66202-1280 (573) 446-1862 (573) 446-1942 (fax) December 9, 1998 Dennis Mitchell Assistant City Attorney City of Iowa City 410 East Washington Street Iowa City, Iowa 52240-1826 Dear Mr. Mitchell: Please find enclosed the Cooperative Service Agreement between the City of Iowa City and the United States Department of Agriculture. The changes you requested in your December 4, 1998 letter have been incorporated. If you have any questions, please call me at 573/446-1862. Sincerely Wildlife Services R. Edwin Hartin State Director MO/IA/MM COOPERATIVE SERVICE AGREEMENT between CITY OF IOWA CITY, IOWA and the UNITED STATES DEPARTMENT OF ANIMAL AND PLANT HEALTH INSPECTION WILDLIFE SERVICES (WS) "!, ARTICLE 1 The purpose of this Agreement is to coo; Ie in a wildlife described in the attached Project Work Plan. [CLE 2 (APHIS) management project, as Authority exists under the Animal Damage amended) and the Rural Development, Agriculture 1988 (P.L. 100-202), to cooperate with States, organizations and institutions to control wildlife dam / / ARTICLE 1931 (7 USC 426-426b and 426c, as Agencies Appropriations Act, aals, public and private agencies, e. The parties mutually agree as follows: 1. The cooperating parties will carry out program tivities in accordance with the Project Work Plans (Work Plan for Fiscal year 1 99 attached). 2. To meet as determined necessary to discuss progra accomplishments, needs, and procedures. 3. All property purchased with Agreement funds shall re ain the property of WS upon termination or completion of this Agreement. 4. All parties agree to abide by applicable local, state, and fe eral laws and regulations. 5. Nothing in the Agreement shall prevent other organizations o individuals from entering into separate agreements with WS for aging deer or other wildlife species. , I of 4 Iowa City agrees: 1. ARTICLE 4 To provide for the trans?ortation and proper processing of the deer each night that the population reduction occurs. \ To provide WS personnel ' needed access to city properties to conduct/d~er management activities. / 3. To provide security (as to ensure the safety of the project. 4. To reimburse WS for costs (Attachment 1 ). with the agreement as in the work plan 5. To pay approved bills for services, within thirty (30) days after receipt. flies, and equipme~ associated with the project 6. That wildlife damage management o includin the private sector, have been carefully Iowa City requests that WS provide its se agreement. use of services provided by considering these options, the stated terms of this WS Agrees: 1. To administer the program utilizing Work Plan. as outlined in the Project 2. To coordinate activities with Iowa project. 3. To prepare activity, progress, and/or/financial reports ~e submitted to Iowa City as re d age upon by both parties, and aft set forth in the Proje Work Plan. / .4(RTICLE 5 ./ i PUrsuant to Section 22, Title 41, United S/tates Code, no member to Congress shall be admitted to any share or part of this Agreement or any benefits to arise ~erefrom. / i ARTICLE 6 APHIS-WS will hold the City harmlSs from any liability from the negligent act ~ omission of a government officer or employee acting within the scope of his or her employment to the extent compensation is available pursuant fo the Federal Tort Claims Act (FTCA), 28 USC 2671 et.seq., 2 of 4 except to the extent that City, their employees, procedure set froth in liability arises from the negligent acts or or subcontractor(s). Such relief shall be pro CA and applicable regulations. of Iowa pursuant to the ARTICLE 7 This Agreement shall become renewal in writing by mutual September 30, 1999, or until com amended at any time by mutual not deposit necessary funds, this Agreement. Iowa City reserves the necessary due to default by APHIS-WS, Agreement due to unforeseen events or a termination of this Agreement by either writing to the other party. on the date of final of the parties, from the ion or termination of the lent of both parties in is relieved of the o ht to cancel or t in the may be and shall continue, subject to of final signature through ect. This Agreement may be In the event Iowa City does to provide services under this Agreement as deemed for the services outlined in this of the project. Cancellation or ~iished by providing 30 days notice in Upon completion of each Project Work Plan unde termination of the Agreement, APHIS-WS shall the completion of each Project Work Plan or with all financial, activity, or progress reports Upon receipt and acceptance of a final report allowable under this Agreement, Iowa City sh; upon amount, up to the amount reported by the conditions of this Agreement. funds advanced to APHIS-WS in excess of~ I make shall reimb~ his agreement, or upon cancellation or ide Iowa City, within 30 working days at~er us~on or termination of this agreement, :d and outlined in each Project Work Plan. report of expenditures and costs as :itution of the balance of the agreed true and reimbursable expenses under Iely refund to Iowa City payments or ;able expenses. 3 of 4 Mayor, City of loW. a City Ernest W. Lehman 410 East Washingtor~;.,Street, Iowa City, IA 319/356-5000 \ \ \ \ \ Date City Clerk, City oflowa City Marian Karr 410 East Washington Street, City, IA Date WS State Director 2407 Industrial Drive, Columbia, MO 573/446-1862 ate WS Eastern Regional Director 3322 West End Avenue, #301, Nashville, 615/736-2007 Date 4 of 4 CITY DEER DEPOPULATI WORK PLAN FY 1999 ATTACHMENT1 Cooperator- City of Iowa City, Iowa Location - City limits of Iowa City, IA Scope of Work: A. Wildlife Services (WS) will conduct a whil Iowa City between January 4, 1999 and Febru; rifles equipped with noise suppressors and sp, Th through March 31, 1999 pending any rec approval commissions. Sharpshooting will only at the locatEore Manager of Iowa City or his designee. / B. WS will conduct these activities pri arily during night time barring any unreasonable weather or u~';rseen circumstances. C. WS will provide one sharpshooting vehicle each week with 2-3 sharpshooting activities. D. Iowa City will provide for the ~ehicles and personnel necessary for transport, and processing. These ~osts are not included in this work plan. E. All WS sharpshooters shall pass the minimum qualifications as set forth in F. WS shall provide the City &Iowa City with records regarding: 1) the total fired; 2) the total number of shots which struck deer; and 3) the total number location which sharpshooting.' occurs. Costs: WS has estimated the cost;to be approximately $175.00 per deer. It has been estimate, 240 deer need to be removed the $175.00 per deer. population management project in utilizing sharpshooters with center-fire of this project may be extended :ate of Iowa agencies and/or esignated and approved by the City ~rs, Monday through Thursday, 3ersonnel to conduct the recovery, Exhibit A. mbers of shots shot at each up to WS will only be reimbursed by the city for the actual costs up to EXHIBIT A United States Department of Agriculture Animal and Plant Health Inspection Service Wildlife Services MO/IA/MN Sharpshooter Certification Requirements In order to insure human safety and humane euthanasia, personnel reduction by sharpshooting must pass the sharpshooter certification g deer population [uirements as follows: 1. Proposed USDA sharpshooters must meet the requirements as Policy manual under Directive 2.615, Firearm Use and Safety, d addendum dated October 25, 1994. (See attachment) in the Wildlife Services June 6, 1994 and the 2. A proficiency test will be administere~i,by the Wildlife each employee can consistently and accurately hit the target 50 yard outdoor range. Applicants are allox~ed to use a conditions. The applicant will use the fireanti\and during the actual removal program. The firearm will be suppressor. \ For all rifles, the test target is the NRA official On the official test target which the applicant has s: backstop, the applicant will discharge one round cutoff for certification is 45 out of a possible safety officer to insure that test will be administered at a rest since this simulates field will be used in the field with telescopic sights and a noise small bore rifle target with 5 bulls eyes. and dated prior to attaching to the target :h bulls eye for a total of 5 shots. The points. Potential sharpshooters are expected to famili~ firearm range used for the proficiency test. ability to safely handle a firearm will be ~ated during / Note: Although a sharpshooter candidate/fi~ay initially be requirements, this certification is tentatiV~ and is continually e' program. Any disregard for human safe{y, high incidence will result in the immediate revocation'Of the individual's with, and to follow, all rules of the knowledge of his/her firearm and proficiency test. after fulfilling the above during the course of the :uracy, and/or other problems ion as a sharpshooter. Dated: December 7, 1998 United States Department of Agriculture I Animal and Plant Health nspection Service ADC Directive EXHIBIT A 2.615 6/4/94 FIREARM USE AND SAFETY PURPOSE To establish g!Aidelines for the use of official dutiea',,and to set minimum training REPLACEMENT HIGHt~GHTS This directlye rev~"~es ADC Directire 2 \, DEFINITIONS \ For the purpose. of thi~s~ directive, r %mrn in the conduct of uirements. dated 3/26/93. , pistolst rimfire and rifles'regardless if they are used ',cs.are considered firearms. POLICY ADC personnel are authorized necessary to perform ADC dut transport, carry. and use firearms Use and possession of fire State, and local laws and vary geographically, ADC the State and locality which xst be in accordance with all Federal, Lons. Because laws governing firearms must become familiar with the laws of work and travel. a , Handguns. carried and When handguns a manner concealed weap authorized by licensing au used by ADC ersonnel for official duty will be in ac, ~ce with State and local laws. not in use the are to be unloaded and secured in by local ADC personnel will not carry on their person on official duty unless State Director zhe appropriate regulatory Rifles and stored in shotguns owned ve permitt~ ~. carrie< in a more accessible manner. Firea cartri ge in the chamber while in a motor store~ in unattended vehicles must be placed ~ hz locked. the ~ 'cle / / Rifles and shot s will be transported and location out of public view. Display of rifles or window racks of Government-o~ .ed, leased, or privately- leased for official Govel ~nt business is not Where immediate firearm access [s likely. weapons may be shall not have a icle. Firearms left or ~t of public sighE and EXHIBIT A United States Animal and Department of Plant Health Agriculture Inspection Service Animal Damage Control 2407 Industrial Drive Columbia, MO65202-1280 (314) 446-1942(fax) (314) 446-1862 ADC DIRECTIVE (MISSO~.I/IOWA~ IN ADDITION TO ADC DIR~CTIVE 2 FOLLOWING MINIMUM TRAINING PERSONNEL IN THE MISSOURi, IOWA 1. PYROTECHNICS TRANSPORTATION AND FUSE ROPE. A MINIMUM FIELD EXPERIENCE IS RE. ADDENDUM TO DIRECTIVE NO. 2,615 o/25/94 .5, FIREARM USE AND SAFETY, THE WILL BE REQUIRED OF ALL ADC AND ILLINOIS PROGRAM: THIS IS TO INCLUDE THE USE, OF PYROTECHNICS, LAUNCHERSAND TWO (2) HOURS OF CLASSROOM AND 2. FIREARM TRAINING TRANSPORTAION AND PISTOLS. A MINIMUM FIELD EXPERIENCE IS APPROVED HUNTER ASSOCIATION CERTIi TRAINING CLASSES AN/OR E DIRECTOR / EDWIN HARTIN / L APHIS - Protecting Arne.Can A~riculture THIS IS TO INCLUDE THE USE, OF SHOTGUNS, RIFLES AND (4) HOURS OF CLASSROOM AND lED. THIS MAY INCLUDE STATE COURSES, NATIONAL RIFLE USDA/APHIS/ADC FIREARM VIDEOS. An Equal Oppop|oyef Prepared by: Dennis Mitchell, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240, 356-5130 RESOLUTION NO. 98-395 RESOLUTION DIRECTING THAT PUBLIC PROPERTY WITHIN THE AREA COMMONLY KNOWN AS THE PENINSULA BE CLOSED TO THE PUBLIC WHILE DEER SHARPSHOOTING ACTIVITIES ARE BEING CONDUCTED PURSUANT TO THE CITY'S DEER MANAGEMENT PLAN. WHEREAS, the City of Iowa City has adopted a deer management plan for winter 1998/99 which is intended to provide needed relief and protection for the environment, property owners, and motor vehicle operators within the corporate limits of Iowa City; and WHEREAS, one component of the plan is the sharpshooting of deer; and WHEREAS, the City intends to conduct said sharpshooting on public property within the area commonly known as the Peninsula; and WHEREAS, it in the public interest for safety reasons to limit public access to public property which is located within the Peninsula while activities relating to the sharpshooting of deer are being conducted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: It is in the public interest for safety reasons to close public property within the area commonly known as the Peninsula and legally described in the attached Exhibit A to the public while activities related to the sharpshooting of deer are being conducted by or on behalf of the City. It is hereby ordered that effective December 31, 1998 the public property legally described in attached Exhibit A is hereby closed to the public until such time as the City Manager has determined that activities related to the sharpshooting of deer pursuant to the City's deer management plan for the winter of 1998/99 have been completed. The City Manager is hereby authorized to post signs as needed indicating said property is closed to the public· Passed and approved this Z5th ATTEST: ~iT~y~,.LER, rL~K '~. day of December' , 1998. City ~ttorney's Office Resolution No. 98-395 Page 2 It was moved by Thornberr.y and seconded by adopted, and upon roll call there were: AYES: X X X X X X X NAYS: O' Donnel 1 the Resolution be ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef dennis/deer/pen-res.doc Exhibit "A" A tract of land located in Sections 4, 5, 8 and 9, Township 79 North, Range 6 West of the 5th P.M. designated as Auditor's Parcel 95080 consisting of 190.02 acres in a Plat of Survey prepared by Glen D. Meisner dated the 10th day of August, 1995, and recorded on the 10th day of August, 1995, in Book 35, Page 267, Records of the Recorder of Johnson County, Iowa, also more particularly described as: Commencing at the South Quarter Corner of Section 4 T79N, R6W, of the 5th P.M., Thence N01°39'04"W along the East line of the SW1/4 of said Section 4, a distance of 1317.54 feet; Thence S89°43'51"W, 234.05 feet to the Northeasterly Corner of Government Lot 4 of said Section 4 and the Point of Beginning; Thence Southwesterly, Westerly, Northwesterly and Northeasterly along the left back of the Iowa River, Thence S65°32'14"E, 972.25 feet; Thence N76°18'18"E, 468.47 feet to a point on the West line of the East 26 1/2 acres of Government Lot 5 of said Section 4; Thence S01°39'04"E, along the said West line 981.65 feet to the Southwest corner of said East 26 1/2 acres; Thence N89°43'51"E along the South line of the said East 26 1/2 acres, 658.99 feet to the point of beginning. Said parcel of land contains 190.02 acres, more or less, and is subject to easements and restrictions of record, together with a non-exclusive easement for vehicular and pedestrian access to the above-described property from Foster Road 25 shown on Auditor's Parcel 95079 and consisting of a tract of land 60' x 120'. dennis/peninsul.doc Prepared by: Marian 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. AT'rEST: CITY CLERK MAYOR Approved by City Attorney's Office It was moved by and seconded by adopted, and upon roll call there were: AYES: NAYS: the Resolution be ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef pcrb~uideres.doc 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 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 PCR8 shall comply with Chapter 8 of the Iowa City Code, the Board's By-Laws, and the Police Ci~ens Review Board's Standard Operat~Tg 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. 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 - 3 J. 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. K. 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. L. 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 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. Refer to Section 8-8-7 B.4 of the City Code. Name-clearing hearing procedure 1. 2. 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 Cede, 8-8-7 C(3), and Article II 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 o 7 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. PCRB SOP 9198 - 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 overall 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 shall 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 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 PCRBSOP-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 identifyin.q information deleted. Procedure for complaints which arc filed aftcr sixty d3ys subject to summary dismissal A complaint that appears to be untimely filed or a complaint that does not involve the conduct of an Iowa City sworn police officer otherwise doficiont 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 app3rcnt untimely complaint shall be provided to Board members in the next meeting packet; Notice shall be given to the complainant that the complaint will bo on tho next mccting agcnda, giving the oomplain3nt an opportunity to be hoard on tho issuo of whothor tho complaint was timoly filod; appears to be untimely or to not involve the conduct of an Iowa City sworn police officer and is subiect to summary dismissal. The complainant shall be invited to submit written correspondence to the Board on this issue prior to the meetinq at which the Board will consider the matter. PCRB SOP-9/98 - 1 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 D-Eof the stat-u-t-eordinance.~ 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. 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. 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 City Council.up to sovon (7) days aftor tho Bo3rd roooivos tho Polico Chiof's or City Managor'c 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 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 meetin.qs.". "Electronic meetings" as defined in this section presumes electronic participation is necessary for a quorumthat a majority of tho mombors of tho Board aro 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 rights as if participatifng in person.tho majority of tho Board convonos in porson. Tho porson or porsons participating oloctronically aro 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. PCRB SOP-9/98 - 3 Lo 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 requires legal counsel concernin.q whether a document is public or confidential, she shall notify both the City Attornev's Office and counsel to the PCRB of the request. All records of the Board shall be public except as specifically provided for in Chapter 22, The Code and in 9r !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 Chaptor 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 VII.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. PCRB SOP-9/98 - 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 notify the Complainant and the Police Chief, or the City Mana.qer if the complaint is a.qainst the Chief, of the selected level of review. The Chief shall notify the officer of the selected level of review. 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 by 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 notico is givon to tho officor and tho complainant of tho dato, timo and place of tho hoaring and its purposo. Tho notico to tho officor, if ho or sho is not idontifiod in tho Chiof's or City Managor's roport, should bo transmittod via tho Chiof of Polico. Tho notice to tho officor should provido a writton rosponso form for tho officor to domand or waivo tho namo cloaring hoaring. 3.Tho officer may rospond by domanding a hoaring, by waiving tho hoaring in writing, or by not rosponding to tho notice. Tho complainant has no indopondont right to a hoaring, and tho complainant's wishos as to holding tho namo cloaring hoaring aro not binding on tho Board. (a) If tho officer has domandod a hoaring, tho chair of tho Board shall conduct a hoaring as por 8-8-7 B.4 of tho City Codo. At a minimum, this would roquiro that tho officor and tho complainant havo a right to mako a statomont and to prosont ovidonce and tho confrontation and cross oxamination or opposing ovidonco. Tho Board may sot roasonablo rulos about tho timo allowod to oach sido with tho typos of ovidonce it may roceivo as long as tho rulos aro noutral. Tho hoaring goal is to givo ovoryono a fair cay in a controllod mannor. (b) If tho officor 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 officer has waivod tho namo-cloaring PCRBSOP-9~8-5 hoaring, but tho complainant or tho dopartmont wishos to prosont ovidonto. Howovor, tho Board nood not provido a hoaring in such (c) In tho ovont tho officor doos not roply concorning his or hor right to a namo-cloaring hoaring, tho Board may prooood to schodulo a hoaring and dotormino at tho timo of tho hoaring whothor it will roooivo ovidonoo or cancol tho hoaring. 4 .The namo-cloaring hoaring is a closod hoaring 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 cloaring hoaring would ongago Soction 21.5(i). 5.Aftor tho closod sossion in which tho namo-cloaring hoaring 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 cloaring hoaring, tho Board may approvo its public roport, including any changos mado as a rosult of tho namo cloaring hoaring. If the Board determines that the comments or findinqs contained in its proposed report will be critical of the conduct of a sworn police officer, it must offer the officer a name-clearina hearinq prior to the issuance of the Board's report to Council. 2. The Board shall select a proposed date for the name-clearinq hearinq. Written notice of the date, time and place of the nameoclearinq hearinq shall be qiven to the officer no less than ten workinq days prior to the date set for hearinq. 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 hearinq. 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-clearinq hearinq prior to the date set for hearinq, the hearinq shall not be held. If the officer does not respond to the notice prior to the time of the hearinq, the hearinq shall be convened. If the officer does not appear, the hearing shall be terminated. If the officer demands a hearinq or appears at the hearinq, the Board will first determine whethep~the hearinq shall be open or closed. If the officer requests a closed session, the Board shall close the session pursuant to motion specifically identifvin~ 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 21.5fi )(a). PCRBSOP-9~8-6 At the hearinq the Board shall advise the officer of the Board's proposed criticism(s) and evidence supportinq the same. The officer shall be qiven the opportunity to be heard and to present additional evidence, includinq the testimony of witnesses. If, subsequent to a name~clearinq hearinq or waiver of a name-clearinq hearinq by the officer, the Board chanqes its level of review, it shall issue a new written notice pursuant to subparaqraph B. hereof. If, followinq said chanfie, the proposed report is critical of the sworn officer's conduct, the Board shall offer another name-clearinq hearing to the officer pursuant to the name-clearinq hearing procedures her.in. The complainant shall not receive a notice of, or have the riqht to participate in, a name-clearinq hearinq. F. 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. 4. Draft reports shall be confidential. Final Public Reports shall be reviewed by legal counsel to the PCRB I 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 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. Be 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 Vl. VII. 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 Repo~ 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 fdt' the PCRB and the City Attorney's Office. H. The Board shall utilize its own letterhead stationery. eleanor~ocrbgde.doc PCRB SOP-9/98 - 8 // Prepared by: Scott Kugler, Associate Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5243 RESOLUTION NO. 98-396 RESOLUTION AUTHORIZING THE HISTORIC PRESERVATION COMMISSION TO FILE AN APPLICATION FOR CERTIFIED LOCAL GOVERNMENT (CLG) GRANT FOR A SURVEY AND EVALUATION OF THE EARLY NEIGHBORHOOD NORTHEAST OF THE ORIGINAL TOWN PLAT, PHASE III. (NORTHSIDE/GOOSETOWN) WHEREAS, the State Historical Society of Iowa administers the Certified Local Government (CLG) Grant program to assist local communities with historic preservation projects; and WHEREAS, the City of Iowa City Historic Preservation Commission has prepared an application for a CLG grant of approximately $10,000 for the purpose of conducting a survey/evaluation of the Early Neighborhood Northeast of the Original Town Plat, Phase III; and WHEREAS, said grant will require local matching funds of up to $6,500 which the Historic Preservation Commission proposes to provide through funds allocated in the budget for historic preservation activities, volunteer time, City staff time allocated for historic preservation activities and through in-kind costs; and WHEREAS, said grant will aid the City in its efforts to identify, protect and properly develop its historic resources. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Historic Preservation Commission is hereby authorized to file an application for a CLG Grant of approximately ~ 10,000 for the purpose of conducting a survey/evaluation of the Early Neighborhood Northeast of the Original Town Plat, Phase III, which will require approximately $6,500 in matching local funds, volunteer and City staff time, and in-kind services and supplies. Passed and approved this 15th day of December- , 1998· ppdadmin\res\earlyne2 .doc Resolution No. 98-396 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: 0' Donne]l the Resolution be AYES: NAYS: ABSENT: X X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef 12-15-98 11 Prepared by: Scott Kugler, Associate Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5243 RESOLUTION NO. , TO FILE AN'~.APPLICATION GRANT FOR A~SURVEY AND EVALUATION OF T~A~LY NEIGHBORHOOD NORTHEAST ~F THE ORIGINAL TOW LAT, PHASE III. (NORTHSIDE/GOO~TOWN) ~ WHEREAS, the City of Iowa Historic P~d~~2tion Commission has prepared an application for a CLG grant of a survey/evaluation of the Early Nei! and imately'$10,000 for the purpose of conducting a od Northeast of the Original Town Plat, Phase Ill; WHEREAS, said grant will require local Preservation Commission proposes to historic preservation activities, volu City preservation activities and through costs; / WHEREAS, said grant will aid the/~ty in its efforts to its historic resources. NOW, THEREFORE, BE IT RES/VED BY THE CITY C( IOWA, THAT: ~g funds of up to $6,000 which the Historic funds allocated in the budget for staff time allocated for historic entify, protect and properly develop OF THE CITY OF IOWA CITY, The Historic Preserv ion Commission is hereby v_ to file an application for a CLG Grant of proximately $10,000 for the pur ose of conducting a survey/evaluation f the Early Neighborhood Northeast of e Original Town Plat, Passed and approved th's day of , 1998. \ ATTEST: CITY CLERK ppdadmin\res\eadyne2 .doc MAYOR 12-15-98 12 Prepared by: Maggie Grosvenor, Housing Administrator, Housing & Inspection Services, Iowa City, IA 52240 (319) 356-5407 RESOLUTION NO. 98-397 RESOLUTION AUTHORIZING THE ADOPTION OF THE REVISED VOUCHER PAYMENT STANDARDS FOR THE IOWA CITY HOUSING AUTHORITY VOUCHER PROGRAM WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority and the Department of Housing and Urban Development requires the Housing Authority to establish Voucher Payment Standards under the Voucher Program; and WHEREAS, the City of Iowa City presently has an Annual Contributions Contract with the Department of Housing and Urban Development to administer a Voucher Program; and WHEREAS, the participants of the housing assistance voucher program would benefit from the adoption of the revised voucher payment standards. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: That the revised Voucher Payment Standard limits be adopted as the policy of the Iowa City Housing Authority effective immediately as follows: Voucher Payment Standards will be the same as the Fair Market Rents (FMR) as published by HUD annually. That the City Clerk is hereby authorized and directed to certify appropriate copies of this resolution together with any necessary certifications as may be required by the Department of Housing and Urban Development. Passed and approved this 151sh ATrEST:O C_ W I day of December ,1998. Approved by City Attorney's Office hisasst~'es\voupymt.doc Resolution No. 98-397 Page 2 It was moved by ThornbeY-r.y and seconded by adopted, and upon roll call there were: 0 ' Donnel 1 the Resolution be AYES: NAYS: ABSENT: X X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef 12-15-98 13 Prepared by: Sylvia Mejia, Personnel Administrator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5026 RESOLUTION NO. 98-398 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE ASSISTED HOUSING DIVISION OF THE HOUSING AND INSPECTION SERVICES DEPARTMENT BY ADDING A POSITION OF HOUSING PROGRAM ASSISTANT WHEREAS, Resolution No. 98-95, adopted by the City Council on March 10, 1998, authorized permanent positions in the Assisted Housing Division of the HIS Department for FY99; and WHEREAS, the City of Iowa City has been awarded 100 vouchers under the 1998 Section 8 funding for the Mainstream Program; and WHEREAS, these funds are for use by the Assisted Housing Division to provide rental assistance to enable persons with disabilities to rent affordable private housing; and WHEREAS, additional staff is necessary to administer these vouchers for the benefit of those eligible to receive this assistance. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The budgeted positions in the Assisted Housing Division be amended by adding the position of Housing Program Assistant, AFSCME, grade 7. Passed and approved this ].5th ATTEST:Ci~~RK/(f2. hurnanrelVes~hisasst. dOc day of December' ,1998. MAYCSR t'~'~"~ Resolution No. 98-398 Page 2 It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef 12-15-98 14 II Prepared by: Machele Wiebel, Personnel Asst., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5025 RESOLUTION NO. 98-399 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE ASSISTED HOUSING DIVISION OF THE HOUSING AND INSPECTION SERVICES DEPARTMENT BY ADDING A POSITION OF FSS PROGRAM COORDINATOR AND AMENDING THE AFSCME PAY PLAN WHEREAS, Resolution No. 98-95, adopted by the City Council on March 10, 1998, authorized permanent positions in the Assisted Housing Division of the HIS Depadment for FY99; and WHEREAS, Resolution No. 96-147, adopted by the City Council on May 21, 1996, established a classification/compensation plan for AFSCME employees; and WHEREAS, HUD requires the Housing Authority to establish a Family Self-Sufficiency (FSS) program; and WHEREAS, the section FSS program is intended to promote the development of local strategies to coordinate the use of Section 8 assistance with public and private resources to enable participating families to achieve economic independence and self-sufficiency; and WHEREAS, HUD has approved funds to establish a full-time family Self-Sufficiency Program Coordinator; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The budgeted positions in the Assisted Housing Division be amended by adding the position of FSS Program Coordinator, AFSCME grade 13. The AFSCME pay plan be amended by the addition of the position of ,FSS Program Coordinator, grade 13. Passed and approved this ]. 5th A'I'FEST:Ci~LL~r~K/;~' hurnanreP, res~afscme.doc day of December ,1998. City Attorney's Office Resolution No. 98-399 Page 2 It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: X X X X X X X the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef · 12-'15-98 15 Prep'd by: Sarah E. Holecek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030 RESOLUTION NO. 98-400 RESOLUTION OF INTENT TO CONVEY VACATED PORTIONS OF STREET RIGHT-OF-WAY LOCATED EAST OF NORTH MARKET SQUARE PARK, AND SOUTH OF HORACE MANN SCHOOL, AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR JANUARY 12, 1999 WHEREAS, the City Council has held a public hearing on an ordinance vacating portions of the Old Johnson Street and alley right-of-way located east of North Market Square Park and south of Horace Mann School to the Iowa City School District for the purpose of providing a park for students of Horace Mann School; and WHEREAS, said vacation and any subsequent transfer of ownership is subject to certain provisions for continued use of the properties by the public; and WHEREAS, as any such transfer of ownership is to 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, the City does 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 transfer of ownership of the subject property is in the public interest. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: 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 Old Johnson Street right-of-way and adjoining alley located east of North Market Square Park and south of Horace Mann School to the Iowa City School District for the purpose of providing a park for students of Horace Mann School, subject to specific provisions for continued public use of the property. As such transfer of ownership is to 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 Iowa City School District without compensation as a conveyance to a governmental entity for a valid public purpose pursuant to Iowa Code §364.7(3) (1997). Resolution No. Page 2 98-400 A public hearing on said proposal should be and is hereby set for January 12, 1999, 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 cause notice of public hearing to be published as provided by law. It was moved by Thornberr.y and seconded by adopted, and upon roll call there were: Norton the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Passed and approved this 15th day of December , 1998. sarah\landuse\hormann,res Prepared by: Ron O'Neil, Airport Mgr., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5045 RESOLUTION NO. 98-401 RESOLUTION AUTHORIZING FUNDING FOR AN AGREEMENT BETWEEN THE AIRPORT COMMISSION AND HLM DESIGN OF NORTHAMERICA, INC. REGARDING THE RENOVATION OF THE AIRPORT TERMINAL BUILDING. WHEREAS, the Airport Commission is ready to proceed with completing the design and renovation of the Airport Terminal Building; and WHEREAS, HLM Design of NorthAmerica, Inc. has previously prepared schematic design documents for the renovation of the Airport Terminal Building. NOW, THEREFORE, BE IT RESOLVED BY THE AIRPORT COMMISSION OF THE CITY OF IOWA CITY, IOWA, that an interdepartmental loan to the Airport in an amount not to exceed $60,000 to pay for the cost of consultant services for the design and renovation of the Airport Terminal Building is hereby approved. Passed and approved this 15th day of December ,1998. AYOR It wasmoved by Thornberry and seconded by adopted, and upon roll callthere we~: AYES: NAYS: X × 0'Donne]] the Resolution be ABSENT: Champion Kubby Lehman Norton O'Donnell ThornberW Vanderhoef