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Home My WebLink About1999-01-12 ResolutionRESOLUTION NO. 99-1 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: Airliner - 22 S. Clinton Street One Eyed Jake's - 18-20 S. Clinton Street It was moved by Thornberry and seconded by O'Donnell as read be adopted, and upon roll callthere were: that the Resolution AYES: NAYS: ABSENT: X X X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Passed and approved this 12th day of January ,19 99 ATTEST:C~/L2. City Attorney's Office a\danceprm.res 4C(iO) Prepared by Marian K. Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 99-2 RESOLUTION TO ISSUE CIGAREI'!'E PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, therefore BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: Green Room - 509 S. Gilbert Street Passed and approvedthis 12th day of January ,1999 MAYOR Approved by City Attorneys Office It was moved by Thornberry and seconded by O' Donne] 1 adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: X X X X × X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef clerkVes~cigperrn.doc 01-12-99 4e(1) Council Member Thornberry introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $4,700,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member 0'Donnel 1 seconded the motion to adopt. The roll was called and the vote was, AYES: Champion, Kubby, Lehman, Norton, 0'Donnell, Thornberry, Vanderhoef NAYS: None Whereupon, the. Mayor declared the resolution duly adopted as follows: Resolution No. 99-3 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $4,700,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Iowa City, Iowa, should issue General Obligation Bonds to the amount of not to exceed $4,700,000, as authorized by Section 384.25, of the City Code of Iowa, for the purpose of providing funds to pay costs of carrying out an essential corporate purpose project as hereinafter described; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of said Code, and to publish a notice of the proposal to issue such bonds and of the time and place of the meeting at which the Council proposes to take action for the issuance of the bonds and to receive oral and/or written objections from any resident or property owner of said City to such action; -2- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council meet in the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 o'clockp. M.,onthe 261h dayof January, , 199 9, for the purpose of taking action on the matter of the issuance of not to exceed $4,700,000 General Obligation Bonds for an essential corporate purpose of said City, the proceeds of which bonds will be used to provide funds to pay costs of refunding existing legal indebtedness of the City. Section 2.. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the following form: -3- NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $4,700,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the City of Iowa City, Iowa, will hold a public hearing on the 26th day of January, 1999, at 7 o'clock P.M.. in the Council Chambers, Civic Center, Iowa City, Iowa, at which meeting the Council proposes to take additional action for the issuance of not to exceed $4,700,000 General Obligation Bonds for an essential corporate purpose of said City, in order to provide funds to pay costs of refunding existing legal indebtedness of the City. At the above meeting the Council shall receive oral or written objections from any resident or property owner of said City, to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof. take additional action for the issuance of said bonds or will abandon the proposal to issue said bonds. This notice is given by order of the Council of Iowa City, Iowa, as provided by Section 384.25 of the City Code of Iowa. Dated this 18th!'day of Januar'.y , 1999. Cit~rk of Iowa City, Iowa PASSED AND APPROVED this 12th day of January ,1999. Mayor ATTEST: City Clerk PGOODRIC\165013\1\10714054 -5- c,) NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF "' NOT TO EXCEED $4,700,000 GENERAL OBLIGATION BO (FOR 'N~ESSENTIAL CORPORATE PURPOSE) OF SAID CITY, THE t~ARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the ity of Iowa City, Iowa, will hold a public hearing on the day of ,199 , at o'clock'..M., in the Council Chambers, Civic Ce er, Iowa City, Iowa, at which meeting thaTCouncil prop. ose.s to take additional act'. n for the issuance of not t.o City. /' At the above meeting'~e Council shall rec.6lve oral or written objections from any resident or property owner of ba.id City, to the above action. After all objections have been received and considered, the. Council will'at this meeting or at any adjournment thereof, take additional action for thc,.issuang~ of said bonds or will abandon the proposal to issue said bonds. This notice is given by order of the 'C,?,Uncil of Iowa City, Iowa, as provided by Section 384.25 of the City Code of Iowa. day of Dated this "\. ,199 . City Clerk of Idea City, Iowa (End of Notice) -4- Prepared by Rick Fosse, City Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5143 RESOLUTION NO. RESOLUTION SE'i'rlNG A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FOSTER ROAD PAVING AND WATER FACILITY SITE DEVELOPMENT- PHASE II IMPROVEMENTS 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 26th 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 day of ,1999. ATTEST: CITY CLERK MAYOR Approved by City Attorney's Office pweng\res\rstrdph.doc 01-12-99 [ 4e(3) Prepared by: Rob Winstead, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. 99-4 A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF COLLEGE STREET PEDESTRIAN MALL WATER MAIN REPLACEMENT 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-named project is to be held on the 26th day of January, 1999, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. e The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project 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. 3. 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 l_2th ATTEST: C~ ~' It was moved by ThoPnberry adopted, and upon roll call there were: day of January ,1999. and seconded by City Attorney's Office 0 ' Donne] ] the Resolution be AYES: NAYS: × X X X X X X ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef pweng\res~pedmall .doc Prepared by: Jim Brachtel, Sr. Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5149 RESOLUTION NO. 99-5 RESOLUTION ACCEPTING THE WORK FOR THE CONSTRUCTION OF THE 1998 PAVEMENT MARKING PROJECT. WHEREAS, the Engineering Division has recommended that the work for construction of the 1998 Pavement Marking Project, as included in a contract between the City of Iowa City and All Iowa Contracting Company of Waterloo, Iowa, dated August 24, 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 IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 12th ATTEST:CiT~~,R-~K 2~, IT day of January , 1999. Approved by City Attorney's Office It was moved by Thornberry and seconded by O'Donnell adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef pweng\res\rnarkings .doc ENGINEER'S REPORT December 22, 1998 Honorable Mayor and City Council Iowa City, Iowa Re: 1998 Pavement Marking Project Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the 1998 Pavement Marking Project has been completed by All Iowa Contracting Company of Waterloo, Iowa, in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required performance and payment bonds are on file in the City Clerk's Office. The final contract price is $59,284.35. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Ric~osse,%.E. City Engineer 410 EAST WASHINGTON STREET · IOWA CITY, IOWA I;2240-1826 · (319) 356-5000 · FAX (319) 356-5009 DEC ll '98 (~1: 1GPM H R ~REEM P.2/2 Howard R. Green Company CONSULTING ENGINEERS December 11, 1998 Linda Kopping Iowa City Senior Center 28 South Linn Street Iowa City, IA 52240 Re: HVAC Renovation Dear Linda: We have reviewed the work performed and documents submitted by the contractors and find the HVAC Renovation project to be complete. The project may be closed out at this time and the final pa.yment made to the contractor. Our substantial completion inspection was satisfactory. The contractors have responded to all items on the final punchlist. The contractors are aware that they will be responsible for the continued proper functioning of the system for one year following the Council's acceptance of the work, and they will be available to perform any adjustments required to keep the system running optimally. Please contact me at (319) 395-7805 if you have questions or need further information. Thank you. Sincerely, · Howard R, Green Company John Horn Mechanical Engineer Enclosures cc: Jim Schoenfelder O:~PROJ~167980~C~reSpondence~.ettet 12-11-96.do~ 4250 GlaSs Roaa NE, PO Box 9009 · Cedar RNiids. IA 52409-9009 · 319/39~-780~ hu¢ 31t396-9410 t~ll free 800/728-7805 01 -t 2-99 4f(2) Prepared by: Jim Schoenfelder, City Architect, 410 E. Washington St., Iowa City, IA 52240 (319)354-5044 RESOLUTION NO. 99-6 RESOLUTION ACCEPTING THE WORK FOR THE SENIOR CENTER '97-'98 HVAC RENOVATION PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Senior Center '97-'98 HVAC Renovation Project, as included in a contract between the City of Iowa City and Quint Co., Inc. of Moline, IL, dated September 23, 1997 (Resolution//97- 332) 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 Z2th day of Januar.v ,1999. ATTEST, 22~~ ~, ~ CITY~LERK AYOR Approved by City At{'orney's Office It was moved by Thornberry adopted, and upon roll call there were: and seconded by 0'Donne]] AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef the Resolution be pweng\res\srhvac .doc 01-12-99 [ 4f(3) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 99-7 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A RENTAL REHABILITATION LOAN FOR THE PROPERTY LOCATED AT 2121/2 SOUTH CLINTON STREET, IOWA CITY, IOWA WHEREAS, on March 24, 1988, the property owners of 212¼ South Clinton Street, executed a Rental Rehabilitation Lien to secure a 10-year, no-interest declining balance loan for the amount of $70,000 through the City's Rental Rehabilitation Program; and WHEREAS, this document created a lien against the property; and WHEREAS, the terms of the loan were satisfied on December 24, 1998; and WHEREAS, the lien needs to be released. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 212~ South Clinton Street, Iowa City, Iowa from the Rental Rehabilitation Lien recorded April 5, 1988 in Book 996 Page 222 through 224 of the Johnson County Recorder's Office. Passed and approved this ].2th day of ATTEST:CiTy~E~%-~K ,~./~,~f.44J January ,1999. Approved by It was moved by Thornberr.y and seconded by 0' Donnel 1 adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef ppdrehab/res/212clint.doc Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 212~ South Clinton Street, Iowa City, Iowa, and legally described as follows: The south 58 feet and 2 inches of Lot Four (4), Block Eighty-two (82) of Iowa City, Iowa, "subject to the right of way across the east 6 feet thereof in favor of the Iowa City National Bank, its successors and assigns, as shown by a certain deed dated December 23, 1882, In Volume 51, page 335 of the Deed Records of Johnson County, Iowa, also subject to the terms and conditions of a Warranty Deed executed by the Citizens Savings & Trust Company of Iowa City, Iowa, to the Iowa City State Bank of Iowa City, Iowa, dated June 19, 1911, and recorded on June 23, 1911, in Volume 93, page 538 of the Deed Records of Johnson County, Iowa, and also subject to an easement between Edward F. Rate and Michael Corso, executed November 30, 1921, and recorded in Book 128 at page 165 of the Deed Records of Johnson County, Iowa, also subject to any additional rights of way acquired by user or otherwise, if any." from an obligation of the property owners, Michael and Christine Moen and Marc Moen, to the City of Iowa City in the total amount of ~70,000 represented by a l O-year declining balance Rental Rehabilitation Lien recorded on April 5, 1988 in Book 996 Page 222 through Page 224 of the Johnson County Recorder's Office. These obligations have been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded documents. AYOR ATTEST: CITY CLERK Approved by City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /~ day of ~ ~-~_ , A.D. 19 ~ ? , before me, the under- signed, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. ~'/- ? , adopted by the City Council on the ~ ~' day ~'~u.,_,r.~ , 19 ~9 and that the said Ernest W. Lehman and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ppdrehab/212dinLdoc Notary Public in and for Johnson County, Iowa 01-12-99 6f Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 RESOLUTION NO. 99-8 RESOLUTION APPROVING FINAL PLAT OF VILLAGE GREEN, PART XVI, IOWA CITY, IOWA. WHEREAS, the owner, Village Partners, filed with the City Clerk the final plat of Village Green, Part XVI, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: A portion of Outlot 'A", Village Green - Part XV as recorded in Plat Book 38, at Page 97 of the Records of the Johnson County Recorder's Office, also being a portion of the Southeast Quarter of Section 13, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, more particularly Described as follows: Commencing at the Southeast Corner of the Southeast Quarter of said Section 13; Thence S89E53'53"W, along the South Line of said Southeast Quarter, 50.01 feet, to a Point on the Westerly Right-of Way line of Scott Boulevard; Thence N00E45'59'E, along said Westerly Right- of Way Line, 949.12 feet to the Point of Beginning; Thence N89E14'01 "W, 25.00 feet; Thence Northwesterly 80.92 feet, on a 350.00 foot radius curve, concave Northeasterly, whose 80.74 foot chord bears N82E36'37"W; Thence Northwesterly 38.46 feet, on a 350.00 foot radius curve, concave Southwesterly, whose 38.44 foot chord bears N79E08'05"W; Thence Southwesterly 24.29 feet, on a 15.00 foot radius curve, concave Southeasterly, whose 21.72 foot chord bears S51E19'36"W; Thence N85E03'52"W, 60.00 feet; Thence S04E56'08"W, 120.72 feet; Thence Southwesterly 60.45 feet, along a 700.00 foot radius curve, concave to the Northwest, whose 60.44 foot chord bears S07E24'35"W; Thence S84E36'40"W, 397.40 feet, to a Point on the Easterly Line of Lot 43 of said Village Green - Part XV; Thence N34E34'27"W along the Easterly Line of said Lot 43, 174.70 feet; Thence N89E54'27"W along the Easterly Line of said Lot 43, 233.29 feet; Thence N34E36'55"W along the Easterly Line of said Lot 43, 208.57 feet to a Point on the Easterly Line of Lot 25 of Village Green - Part XIII as recorded in Plat Book 34, at Page 323 of the Records of the Johnson County Recorder's Office; Thence N02E51'05"W along the Easterly Line of said Lot 25, 119.31 feet; Thence NO5E06'40"E along the Easterly Line of said Lot 25, 38.75 feet to a Point on the Southerly Right-of Way Line of Wellington Drive; Thence Southeasterly, 247.93 feet, along the Southerly Right- of Way Line of Wellington Drive, on a 760.49 foot radius curve, concave Southwesterly, whose 246.84 foot chord bears S75E32'57"E; Thence N23E47'26"E along the Southeasterly Line of said Village Green - Part XIII, 152.69 feet; Thence N35E08'28"E along the Southeasterly Line of said Village Green - Part XIII, 117.97 feet; Thence N45E08'36"E along the Southeasterly Line of said Village Green - Part XIII, 108.82 feet to a Point on the Southeasterly Line of Village Green - Part XI as Recorded in Plat Book 30, at Page 64 of the Records of the Johnson County Recorder's Office; Thence S44E51 '24"E along the Southeasterly Line of said Village Green - Part XI, 15.00 feet; Thence N45E08'36"E along the Southeasterly Line of said Village Green - Resolution No. 99-8 Page 2 Part XI, 225.00 feet; Thence N79E23'O3"E along the Southeasterly Line of said Village Green - Part XI, 73.95 feet; Thence S78E45'14"E along the Southeasterly Line of said Village Green - Part XI, 73.95 feet; Thence N61ESO'42"E along the Southeasterly Line of said Village Green - Part XI, 302.73 feet; Thence S89E14'01 "E along the Southeasterly Line of said Village Green - Part XI, 70.00 feet to a Point on the Westerly Right - of Way Line of Scott Boulevard; Thence S00E45'59"W, along said Westerly Right - of Way Line, 802.00 feet to the Point of Beginning. Said tract of land contains 15.68 acres. more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1995) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. The City accepts the dedication of the streets, easements as provided by law and specifically sets aside portions of the dedicated land, namely s.treets, as not being open for public access at the time of recording for public safety reasons. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 12th day of C L January , 1999. MAYOR Approved by City Attorney's Office F:\Data\wpdata\PPDADMIN\RES\vgrn-xvi .doc Resolution No. 99-8 Page 3 It was moved by Norton and seconded by adopted, and upon roll call there were: Thornberry the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef STAFF REPORT To: Planning & Zoning Commission Item: SUB98-0029. Village Green, Part XVI. GENERAL INFORMATION: Applicant: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: File date: 45-day limitation period: 60-day limitation period: SPECIAL INFORMATION: Public utilities: Public services: Transportation: Prepared by: Robert Miklo Date: November 19, 1998 Village Partners c/o Franz Construction Co. 325 Third Street Iowa City, IA 52245 Phone: 338-7923 Final plat approval. To allow the development of 18 residential units. South of Wellington Drive and west of Scott Boulevard. Total 30.85; Part XVI, 6.34 acres, Outlots 24.51 Undeveloped, RS-5 North: East: South: West: Residential and vacant, RS-5 Vacant, RS-5 Residential and vacant, OPDHo5 and RS-5 Residential, OPDH-5 Residential, 2-8 dwelling units per acre. October 29, 1998 December 13, 1998 December 28, 1998 City water and sewer will be provided. Municipal police and fire services will be provided. Private refuse service will be necessary. Transit service is available at the intersection of Wayne Avenue and Village Road via the Towncrest route. 2 Physical characteristics: This property is generally flat. A stream corridor is shown on the Sensitive Areas Inventory Map along the east line of Lot 43, and hydric soils on the south side of Outlot A. Sensitive Areas Ordinance: A storm water detention basin has been built in the stream corridor. The stream corridor was altered as part of the construction of a storm water basin to the west. BACKGROUND INFORMATION: The commission recommended approval of a rezoning from RS-5 to OPDH-5 for Village Green, Part XVI and XVII at its August 20 meeting. The City Council is currently considering the rezoning and preliminary plat of Village Green, Part XVI and XVII. It is anticipated that the Council will approve the rezoning and preliminary plat at its meeting on December 1, 1998. The applicant has now requested final plat approval of Lots 44 and 45 of Village Green, Part XVI. Final plat also includes Wellington Drive from its current terminus to its intersection with Scott Boulevard. The final plat does not include Village Green Part XVII, Lots 46 and 47 and a portion of Village Road, which were shown on the preliminary plat. It is anticipated that these areas will be final platted at a later date. ANALYSIS: The final plat as submitted is in general compliance with the preliminary plat currently being reviewed. The final plat also is in general compliance with the City's subdivision regulations. Deficiencies and discrepancies are noted at the end of this report. Legal papers and construction drawings have been submitted and are being reviewed by staff. These must be submitted and approved by the Public Works and City Attorney's office prior to Council consideration of the final plat. Because of the high water table in this area, the legal papers for previous parts of Village Green contained requirements for a private tile system to drain the area to allow the construction of dwellings with basements. Similar stipulations should be contained in the legal papers for Village Green Part XVI. STAFF RECOMMENDATION: Staff recommends that the final plat of Village Green, Part XVI, be approved subject to legal by staff prior to Council consideratio Approved by: '~' ' Ka Department of Planning & Community Development Attachments: 1. Location map 2. Final plat ppdadmin~stfrep~980029rm.doc · I I J ,.9111NI? 31VrYOd~OO ,,LLI3 VWlOI JO ,CLIO _ ! I I I I I I I I Z W n~ 0 0 I i -w Z -C) U) -III J.S ~INH.I.~'V 0 0 I-- · ¢GENO ANO ~0~¢~ Final Plat ' :"""""" VILLAGE GREEN P ART ====-===:~-~---- IOWA CITY IOWA emm mem eea~,e,.m~ef a~ma sm 11~7 SOUTH ~ IT. o/o ~ COlalllt!:l~N CO. !~ · ~ STBEEF s- . i,; '-"-: "i -:-~:-', \ City of Iowa CIty XVI P~ 57 Z ............. ::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::: / ~'L. ~... """ ',",. ..............................""..:\ ...........""' 'i ...." ,, ~"' ,, ..'._...:.:~' . _-,,,,~;~ ~/ \ H,, ,, i'~f~z "c"~ -.x =-=i ~ { '][ J ~ [ [ ]'>~L"" FINAL PLAT g:\3000\3008028F 10-21-98 10:00:48 am EST '01,12,99 Prepared by: Terry Trueblood, Qirector of Parks and Recreation, 220 S. Gilbert St., Iowa City, IA 52240; (319) 354-5110 RESOLUTION NO. RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PARK MAINTENANCE BUILDING IN NAPOLEON PARK, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBUSH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. Passed and approved this day of ,19 ATTEST: CITY CLERK MAYOR Approved by ' ~' "~'i~ttorney's parksrec\res\naplprk.doc 01-12-99 Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 99-9 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE SUMMIT STREET BRIDGE RECONSTRUCTION PROJECT [PROJECT NO. BRM-3715(13)--8N-52], DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, this project involves the complete removal and replacement of the Summit Street bridge spanning the Iowa Interstate Railroad and the reconstruction of the Summit Street pavement between Kirkwood Avenue and Sheridan Avenue along with the installation of water main, storm sewer facilities, and sidewalk; and WHEREAS, the construction cost estimate is $1,246,000 of which approximately $729,000 will be funded with Federal Aid Highway Bridge Replacement and Rehabilitation Program money; and WHEREAS, this project will be bid by the Iowa Department of Transportation (IDOT); and WHEREAS, bids will be accepted on February 16, 1999, until 9a.m., Ames, Iowa at the Department of Transportation; and WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The plans, specifications, form of contract, and estimate of cost for the construction of said Summit Street Bridge Reconstruction Project are hereby approved. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids, to be let by the IDOT, for construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. Passed and approved this 12th day of Janua~'y ,1999. ATTEST:C~ City Attorney's Office pweng/res/sumtbrg3.doc Resolution No. 99-9 Page 2 It was moved by Thornberr~v 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 01-12-99 Prepared by: Chuck Schmadeke, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5141 RESOLUTION NO. 99-10 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SAND PIT PUMP STATION - LOWER TERMINUS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. The amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 16th day of February, 1999. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 p.m. on the 23rd day of February, 1999, or at such later time and place as may then be fixed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Passed and approved this ATTEST: CITY CLERK 12th day of anuar ,1999. City Attorney's Office pweng/res/sandpit2.doc Resolution No. 99-I0 Page 2 It was moved by Norton and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prep'd by: Sarah E. Holecek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030 RESOLUTION NO. 99-11 RESOLUTION AUTHORIZING THE CONDITIONAL CONVEYANCE OF 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 PURPOSES OF PROVIDING A NEARBY PUBLIC PARK TO THE STUDENTS OF HORACE MANN SCHOOL, FOR A PUBLIC PURPOSE AND WITHOUT COMPEN- SATION 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 nearby public 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: Subject to consideration and passage of appropriate vacation ordinances prior to disposition, subject to the retention of necessary utility easements, and subject to the condition that the public shall be permitted continued access to and use of the subject property, the Mayor and City clerk are hereby authorized to execute appropriate Quit Claim Deeds conveying the City's interest 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 nearby public park for students of Horace Mann School. The Mayor and City Clerk are further authorized to execute and attest appropriate easement agreements and covenants for the retention of necessary utility easements and to ensure continued public access to and use of the subject property. Resolution No. 99-11 Page 2 As such transfer of ownership is to a governmental body for a public purpose, the City Council does hereby 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). The City Attorney is hereby authorized to deliver appropriate Quit Claim Deeds, easement agreements and covenants to the Iowa City School District upon passage of necessary vacation ordinances. Said deeds, easement agreements, and any other documentation required by Iowa Code §364.7 (1997) shall be recorded by the City Clerk in the Johnson County Recorder's Office at the expense of the Iowa City School District. It was moved by Norton and seconded by adopted, and upon roll call there were: 0'Donnell the Resolution be AYES: NAYS: ABSENT: X X X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Passed and approved this 12th day of January , 1999. ATTEST: CiTy~LE~~K/~"", IT sarah\landuse\horrnann.re2 Prepared by: Chuck Schmadeke, Public Works Dir., 410 E. Washington St., Iowa City, IA 52240 319-356-5141 RESOLUTION NO. 99-12 RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE FOSTER ROAD IMPROVEMENTS PROJECT. WHEREAS, the City of Iowa City desires to construct the Foster Road Improvements Project ('Project'l which includes paving, sidewalk, storm sewer, grading, and other infrastructure improvements between the Peninsula and Dubuque Street; and WHEREAS, the City Council has determined that construction of the Project is a valid public purpose under State and Federal law, and has further determined that acquisition of certain property rights is necessary to construct, operate and maintain the proposed project; and WHEREAS, the City's Consultant, Howard R. Green Co., has determined the location of the proposed Project; and WHEREAS, City staff should be authorized to acquire necessary property rights at the best overall price to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council finds that it is in the public interest to acquire property rights by warranty deed, quit-claim deed, and/or easement for the construction of the Foster Road Improvements Project ("Project"), which Project constitutes a public improvement under Iowa law. The City Council further finds that acquisition of said property rights is necessary to carry out the functions of the Project, and that such Project constitutes a valid public purpose under state and federal law. The City Manager or designee is hereby authorized and directed to negotiate the purchase of property rights by warranty deed, quit-claim deed and/or easement for the construction, operation and maintenance of the Project. The City Manager or designee is authorized to sign purchase agreements for the purchase of property and/or easements, and offers to purchase property and/or easements. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to execute and attest easement agreements and agreements in lieu of condemnation. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. Resolution No. 99-12 Page 2 In the event the necessary property rights for the Project cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of any and all property rights necessary to fulfill the functions of the Project, as provided by law. Passed and approved this 12th day of January ,1999. ATTEST: C~ 7~- ~ City Attorney's Office It was moved by Thornberry and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef the Resolution be pwengVes~oste(2 .doc Prepared by: Terry Trueblood, P&R Director, 410 E. Washington St., Iowa City, IA 52240 (319)356-5110 RESOLUTION NO. 99-13 RESOLUTION ESTABLISHING A REVISED SCHEDULE OF FEES AND CHARGES FOR PARKS AND RECREATION SERVICES AND PROGRAMS, EXCLUDING THE POTTER'S STUDIO. WHEREAS, the City Code provides that, "Upon recommendation of the Parks and Recreation Commission, all Parks and Recreation fees shall be established by City Council resolution"; and WHEREAS, the Parks and Recreation Commission has reviewed all fees and is recommending certain increases to be implemented in FY99 and FY2000; and WHEREAS, it is in the public interest to review and occasionally revise said fees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the schedule of fees and charges for parks and recreation services and programs as approved by the Parks and Recreation Commission on December 9, 1998 and attached hereto, be adopted for FY99 and FY2000. Passed and approved this 12t. h day of ATTEST: ,,IT~LE~RK ~. ~ CI January ,1999. Approved by It was moved by Thornberry and seconded by Vande~'hoef adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: X X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef aarksrec\res\fees99 .doc City of Iowa City Parks and Recreation Department RECREATION DIVISION FEES & CHARGES FY94-99 PROPOSED FY2000 and TENTATIVE PROPOSALS FOR'FY01 & FY02 (to be reviewed annually) Adopted by Parks & Recreation Commission 12/9/98 SPORTS/WELLNESS FY94 FY95 FY96 FY97 Aerobics- 5 classes 7.50 8.75 8.75 10.00 10 classes 15.00 17.50 17.50 20.00 Punch Card 17.50- 30.00** 30.00** 33.75** Fitness 15.00 17.50 17.50 20.00 SB/BB Field Rental- Without lights 6.50 6.50 7.00 7.00 With lights 20.00 20.00 22.00 22.00 Adult Softball- Summer leagues 325.00 330.00 330.00 335.00 Co-ed teams Fall leagues 170.00 175.00 175.00 180.00 Co-ed teams Forfeit fee 10.00 10.00 10.00 10.00 Adult Volleyball- Indoor leagues 80.00 80.00 85.00 85.00 Outdoor leagues 50.00 50.00 55.00 55.00 Forfeit fee 10.00 10.00 10.00 10.00 Adult Basketball- League fee 175.00 175.00 180.00 180.00 Forfeit fee 10.00 10.00 10.00 10.00 High School Basketball- League fee 75.00 75.00 80.00 80.00 Racquetball- Court fee (hr.) 2.50 2.50 2.50 2.50 Lessons 5.25 5.25 5.50 5.50 Youth Football 12.00 15.00 15.00 17.50 Youth Volleyball 12.00 15.00 15.00 17.50 Youth Basketball 12.00 15.00 15.00 17.50 Youth Gymnastics- 5 sessions 7.50 7.50 8.75 8.75 10 sessions 15.00 15.00 17.50 17.50 Youth Tennis (10) 12.00 15.00 15.00 17.50 Adult Tennis (10) 12.00 17.50 17.50 20.00 NJTL Tennis (24) 18.00 18.00 18.00 21.00 Weight Room Weight Training FY98 10.00 20.00 33.75 20.00 7.50 24.00 335.00 180.00 10.00 90.00 60.00 10.00 185.00 10.00 85.00 3.00 5.50 17.50 17.50 17.50 8.75 17.50 17.50 20.00 21.00 FY99 11.25 22.50 37.50 22.50 7.50 24.00 340.00 185.00 10.00 90.00 60.00 10.00 185.00 10.00 85.00 3.00 5.75 20.00 20.00 20.00 10.00 20.00 20.00 25.00 24.00 PROPOSED FY00 ESTIMATED TOTAL REVENUE P/LRTICIPANT NUMBERS TENTATIVE FY01 FY02 11.25) 12.50 12.50 22.50) $ 7,875 350 25.00 25.00' 37.50 5,625 150 41.25'* 41.25 22.50 2,250 100 25.00 25.00 8.00) 25.00) 340.00 360.00 185.00 195.00 10.00 95.00 65.00 10.00 3,217(T) 21,760(T) 14,4OO (T) 5,920(T) 3,120(T) 100 (T) 195 64teams 40 " 32 " 16 " 10 8.00 8.50 25.00 26.00 190.00 10.00 345.00 345.00 190.00 190.00 10.00 10.00 16,720(T) 176teams 95.00 100.00 1,040(T) 16 " 65.00 70.00 100(T) 10 10.00 10.00 90.00 15,200(T) 80teams 190.00 195.00 100(T) 10 10.00 10.00 2,880(T) 32teams 90.00. 95.00 3.00 1,350(T) 450 3.00 3.00 5.75 287 50 6.00 6.00 20.00 10,000 500 22.50 22.50 20.00 2,500 125 22.50 22.50 20.00 8,000 400 22.50 22.50 3,600 700 1,800 4,320 1,125 1,125 1o.oo) 20 .oo) 20.00 25.00 24.00 11.25 22.50 300 35 72 180 100 50 11 25 11.25 22 50 22.50 22 50 22.50 30 00 30.00 27 00 27.00 12 50 12.50 25 00 25.00 SPORTS/WELLNESS FY94 FY95 Scanlon Gym- Jr. High Activities Fees ranging from $20-40 Sr. High Activities Fees ranging from $20-40 Misc. Activities: Rentals, Special Events, etc. , ** (T) PROPOSED FY96 FY97 FY98 FY99 FY00 TOTAL SPORTS/WELLNESS REVENUE Less Sales Tax GRAND TOTAL, SPORTS/WELLNESS REVENUE 10-punch pass (unlimited number sold; interchangeable with Aquacise classes) 15-punch pass (unlimitd number sold; interchangeable with Aquacise classes) Either entirely or partially subject to sales tax. ESTIMATED TOTAL REVENUE $ 16,500 16,500 23,000 $191,114 4,295 $186,819 PARTICIPANT NUMBERS 550 550 TENTATIVE FY01 FY02 SOCIAL/CULTURAL FY94 FY95 FY96 FY97 FY98 Dark Room (2 hrs.) 6.00 7.00 7.00 7.00 7.00 Po r's tudio- Kindergrounds- 1 day/week 3.00 3.50 3.50 4.00 4.00 2 days/week 6.00 7.00 7.00 8.00 8.00 Children's Theatre 15.00 17.50 17.50 20.00 20.00 Science & Nature 7.50-15 8.75-17.50 8.75-17.50 10-20 10-20 Children's Cultural 7.50 8.75 8.75 10.00 10.00 Adult Cultural 35-45 40-50 40-50 45-55 45-55 Children's Social 6-12 7-14 7.50-15 8-16 8-16 Summer Camp: 2 wk. sessions- One session 110.00 115.00 115.00 120.00 130.00 Two sessions 220.00 230.00 230.00 240.00 260.00 Three sessions 330.00 345.00 345.00 360.00 390.00 Four sessions 440.00 460.00 460.00 480.00 520.00 Supervised Play 15.00 16.00 16.00 16.00 16.00 FREE PROGRAMS: Summer Playgrounds Halloween Parade/Carnival Swim Fest Winter Carnival ESTIMATED PROPOSED TOTAL FY99 FY00 REVENUE 5.00* 5.00* $ 400 5% ~'6+ 5% C5~5% ~ 5.00) 5.00 1,100 10.00) 10.00 2,400 24.00 24.00 2,040 12-24 12-24 1,080 12.00 12.00 15,360 50-60 50-60 12,925 10-20 10-20 24,000 135.00) 135.00) 270.00) 270.00) 405.00) 405.00) '540.00) 540.00) 72,900 18.00 20.00 8,000 TOTAL SOCIAL/CULTUPJL~ REVENUE $144,705 PARTICIPANT NUMBERS 80 220 240 85 60 1,280 235 1,500 540 400 TENTATIVE FY01 FY02 6.00' 6.00 C~k~5% ~% 5.00 5.00 10.00 10.00 24.00 24.00 14-28 14-28 12.00 12.00 55-65 55-65 10-20 10-20 140.00 140.00 280.00 280.00 420.00 420.00 560.00 560.00 20.00 20.00 * No longer provide chemicals - room use only AQUATICS FY94 FY95 FY96 FY97 Daily Admissions- Youth 1.00 1.00 1.25 1.25 Adult 1.50 1.50 1.75 1.75 Punch Cards- Youth (20 adm.) 17.00 Adult/Individual 25.50 17.00 21.25 21.25 25.50 29.75 29.75 Summer/3 month Passes- Youth 40. Adult/Individual 50. Family (4 people) 90 1st addition 10. Other additions 10. Annual Passes- Youth 73. Adult/Individual 90. Family (4 people) 163. 1st addition 20. Other additions 20. PROPOSED FY98 FY99 FY00 1.50 1.75 1.75 1.75 1.75 1.75 TOTAL DAILY ADMISSIONS 25.50 29.75 29.75 29.75 29.75 TOTAL PUNCH CARDS ESTIMATED TOTAL PARTICIPANT REVENUE NUMBERS 54,800 31,314 59,675 34,100 $114,475(T) 27,965 940 27,965(T) 00 45.00 49.00 49.00 59.00 68.00 00 60.00 68.00 68.00 68.00 68.00 68.00 3,740 55 .00 105.00 117.00 117.00 127.00 136.00 136.00 8,160 60 00 10.00 10.00 10.00 15.00 15.00 15.00 90 6 00 10.00 10.00 10~00 15.00 15.00 15.00 90 6 00 82.00 98.00 98.00 00 105.00 136.00 136.00 00 187.00 234.00 234.00 00 20.00 20.00 20.00 00 20.00 20.00 20.00 118.00 136.00 136.00 136.00 136.00 254.00 272.00 272.00 30.00' 30.00 30.00 30.00 30.00 30.00 TOTAL PASSES 25-50 25-50) 25-50) 75.00 75.00) 75.00) 15.00 15.00) 15.00 ) 30.00* 30.00*) 30.00*) TOTAL RENTALS Pool Rentals (per hr.)- General Public: Rec Center 25.00 25-50 25-50 25-50 MPAC 75.00 75.00 75.00 75.00 Swim Club: 25 yard/meter 15.00 15.00 15.00 15.00 50 yard/meter 15.00 15.00 30.00* 30.00* * Exclusive use of entire eight lanes of the pool (T} Either entirely or partially subject to sales tax. 16,320 120 10,880 40 180 6 180 6 $ 39,640 (T) 1,000 20 11,250 $ 12,250(T) 500 TENTATIVE FY01 FY02 2.00 2.00' 2.00 2.00 34.00 34.00 78.00 78.00 156.00 156.00 15.00 15.00 15.00 15.00 156.00 156.00 312.00 312.00 30.00 30.00 30.00 30.00 30-55 30-55 75.00 75.00 20.00 20.00 35.00* 35.00 AQUATICS FY9~ FY95 FY96 FY97 FY98 Instructional Programs- Parent/Tot (10 · 45 min.) 15.00 15.00 15.00 17.50 17.50 Preschool (10 @ 45 min.) 15.00 15.00 15.00 17.50 17.50 · Red Cross Basic Lessons (10 @ 45 min.) 16.00 16.00 16.00 18.50 18.50 Private Lessons (5 hrs.) 26.25 26.25 27.50 27.50 27.50 Adult (10 · 45 min.) 20.00 20.00 20.00 20.00 20.00 Diving (10 · 45 min.) 15.00 15.00 15.00 17.50 17.50 · Basic Water Safety (10 hrs.) 18.50 18.50 NA NA NA · Community Water Safety (10 hrs.) NA NA 18.50 18.50 18.50 · Emergency Water Safety (10 hrs.) 18.50 18.50 NA NA NA *Lifeguarding (46 hrs.) 53.50 53.50 53.50 75.00** 75.00 · Water Safety Aide (20 hrs.) 36.00 36.00 36.00 41.00 41.00 · Water Safety Instructor (40 hrs.) 71.00 71.00 71.00 81.00 · Advanced Swimmer (10 hrs.) 18.50 18.50 NA NA *Lifeguard Instruc. (27 hrs.) NA NA 44.00 44.00 ESTIMATED PROPOSED TOTAL FY99 FY00 REVENUE 17.50 20.00 5,000 17.50 20.00 12,000 PARTICIPANT NUMBERS TENTATIVE FY01 FY02 , ** 250 20.00 20.00 600 20.00 20.00 18.50 21.00 32,550 1,550 30.00 30.00 18,750 625 22.50 22.50 1,012 45 17.50 20.00 1,000 50 NA NA 20.00 20.00 200 !0 NA NA 75.00 80.00 1,600 20 41.00 42.00 420 10 81.00 81.00 82.00 820 NA NA NA 44.00 44.00 45.00 450 TOTAL INSTRUCTIONAL PROGRAMS $ 73,802 21.00 21.00 32.50 45.00 25.00 25.00 20.00 20.00 22.50 22.50 NA 80.00 80.00 42.00 42.00 These fees include a $1 surcharge by the American Red Cross. Required class hours increased from 30 to 46 hours. 10 82.00 82.00 NA 10 45.00 45.00 ESTIMATED PROPOSED TOTAL AOUATICS FY94 FY95 FY96 FY97 FY98 FY99 FY00 REVENUE Aquacise (hr.) 1.50 1.75 1.75 2.00 2.00 *** Aqua-Pass NA NA NA NA Aqua-Punch 17.50' 30.00** 30.00** 33.75** 33.75** 37.50** 37.50** $ 15,937 TOTAL AQUACISE/AQUA-PUNCH $ 15,937 Lockers- City Park .10-.50 .10-.50 .10-.50 .10-.50 .10-.50 .10-.50 .10-.50 1,350 Mercer Park .10-.50 .10-.50 .10-.50 .10-.50 .10-.50 .10-.50 .10-.50 6,825 TOTAL LOCKERS $ 8,175 Other Aquatics Revenue- School District (cost share for MPAC; 25% of specified items; 28E Agreement) ........ $ 61,500 Vending - Mercer Park Aquatic Center ................................................ 3,200 Vending - City Park Pool ............................................................ 2,300 TOTAL OTHER AQUATICS $ 67,000 TOTAL AQUATICS REVENUE $359,244 Less Sales Tax - 9,716 GRAND TOTAL, AQUATICS REVENUE $349,528 PARTICIPANT NUMBERS 425** 4,500 22,750 TENTATIVE FY01 FY02 41.25'* 41.25 .25-.50 .25-.50 .25-.50 .25-.50 * 10-punch pass (unlimited number sold; interchangeable with aerobics classes) ** 15-punch pass (unlimited number sold; interchangeable with aerobics classes) *** Program all admitted by punch card SPECIAL POPULATIONS FY94 FY95 FY96 FY97 FY98 FY99 SPI Clubs 4.00 SPI Special Events 10.00 SPI Rec Programs 5.00 SPI Adapted Aquatics 10.00 (10 week classes) 5.00 5.00 6.00 10.00 10.00 2-16 7.50 7.50 5-15 10.00 12.50 15.00 SPI Clubs *Goodtimer Club *Coffeehouse Club Sibship SPI Special Events *Bowling Tournament & Banquet Sports Day Special Olympics Competitions Halloween Dance Other Holiday Special Events Summer Picnic Friends Program Misc. Others SPI Adapted Acruatics *Swim instruction for persons w/physical limitations only *Swim instruction for children &adults w/special needs Special Olympics ProGram PROPOSED FY00 ESTIMATED TOTAL REVENUE PARTICIPANT NUMBERS TENTATIVE FY01 FY02 6.00 6.00 7.00 315 45 7.00 7.00 2-16 2-16 2-16 800 80 3-18 3-18 5-15 5-15 5-15 2,776 250 10-15 10-15 15.00 15.00 16.00 768 48 17.50 17.50 SPI Rec Programs SPORTS & FITNESS: *Aerobics Dance Basketball Gymnastics Cheerleading Flag Football Track & Field Soccer *Aqua-Stretch Softball *Aquatics Billiards Table Tennis *Fishing Bicycling Downhill Skiing *(ski tickets) OUTDOOR/NATURE ACTIVITIES: Hiking Plant & Animal Life Classes MUSIC PROGRAMS: Vocal Music Groups Rhythm Instrument Groups INDEPENDENT LIVING: *Cooking *Sign Language *Relaxation *Environmental Education *Leisure Education (and other topics of interest to participants) ARTS & CRAFTS: *Fascinating Flowers *Art in the Park ,Pottery *Fabric Paints Art Drama & Theatre Classes *Dance classes (jazz, ballet, modern, line dance, creative dance, square dance, etc.) *Many other art classes using a variety of materials TOTAL S.P.I. REVENUE _$_ 4~,~659 * Programs/activities for which fees are assessed RECREATION CENTER FY94 FY95 FY96 FY97 FY98 PROPOSED FY99 FY00 ESTIMATED TOTAL REVENUE PARTICIPANT NUMBERS TENTATIVE FY00 FY01 Room Rentals- Meeting Rooms/Kitchen/Craft Room (per 3 hr. use) 7.50 7.50 7.50 7.50 8.00 8.00 8.00 Social Hall (per 3 hr. use) 37.50 37.50 37.50 37.50 40.00 40.00 40.00 Gymnasium (per hr. per court)- Half Court 12.50 12.50 18.75 18.75 18.75 20.00 20.00 Full Court 25.00 25.00 37.50 37.50 37.50 40.00 40.00 Game Room (hr.) 12.50 12.50 15.00 15.00 Locker Rentals- Daily (coin-operated) .25 .25 .25 .25-.50 .25-.50 .25-.50) .25-.50) Monthly 2.00 2.00 2.00 2.00 3.00 3.00) 3.00 ) Six Months 10.00 10.00 10.00 10.00 15.00 15.00) 15.00 ) Vending, Rec. Ctr .................................................................... Equipment Rental- Weekday Weekend Game Room Drop-in Use Weight Room Drop-In Use 1.00 1.00 2.00 2.00 3.00 3.00) 3.00) 3.00 3.00 4.00 4.00 6.00 6.00) 6.00) No fee No fee No fee No fee No fee No fee No fee No fee No fee No fee No fee 4,800 600 9.00 9.00 10,000 250 45.00 45.00 500 25 22.50 22.50 640 16 45.00 45.00 0 0 15.00 17.50 3,519 5,400 810 850 180 .25-.50 .25-.50 5.00 5.00 20.00 20.00 4.00 4.00 7.00 7.00 No fee No fee No fee TOTAL RECREATION CENTER 25,669 FARMERS MARKET Daily Season (per market) GARDEN PLOTS 5.00 6.00 6.00 6.50 6.50 7.00 7.00 3.60 4.60 4.60 5.00 5.00 5.50 5.50 TOTAL FAP~MER'S MARKET 8.00 8.00 10.00 10.00 10.00 12.00 12.00 280 40 8.00 8.00 12,034 2,188 6.00 6.00 $ 12,314 $ 936 78 14.00 14.00 OTHER NON-PROPERTY TAX REVENUES Hotel/Motel Tax (25% supports MPAC Operations & Scanlon Gymnasium) ...................... Non-resident fees (for miscellaneous activities throughout division) .................... Commissions (telephone, other misc., Jazzercise) ........................................ TOTAL OTHER REVENUES TOTAL RECREATION DIVISION REVENUE (non-property tax) 115,000 6,000 2,310 $123,310 $847,940 SUMMARY RECREATION DIVISION REVENUES & BUDGET FY00 12/29/98 Total Non-Property Tax Revenues $ 847 , 940 FY00 City Manager's Proposed Budget 2,415,225 Less capital outlay_ - 326,893 $2,088,332' Non-Property Tax Revenue to Support Budget = 40.6% Past Objective = 45.00% NOTE: Without the proposed wage increase for temporary employees ($1.00 per hour) and the addition of a clerk typist, this figure would be reduced to approximately $2,019,000, increasing the non-property tax support to 42.00%. 0'14 2-99 19 Prepared by: Terry Trueblood, P&R Director, 410 E. Washington St., Iowa City, IA 52240 (319)356-5110 RESOLUTION NO. 99-14 RESOLUTION ESTABLISHING FEES AND CHARGES FOR THE POTTER'S STUDIO IN THE ROBERT A. LEE COMMUNITY RECREATION CENTER. WHEREAS, the City Code provides that, "Upon recommendation of the Parks and Recreation Commission, all Parks and Recreation fees shall be established by City Council resolution"; and WHEREAS, the Parks and Recreation Commission has reviewed all fees and is recommending certain increases to be implemented in FY99 and FY2000; and WHEREAS, the City Council has adopted a resolution establishing all fees except the potter's studio; and WHEREAS, it is in the public interest to review and occasionally revise said fees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the schedule of fees and charges for the potter's studio as approved by the Parks and Recreation Commission on December 9, 1998 and attached hereto, be adopted for FY2000. Passed and approved this 12th day of aanua~'.y ,1999. ATTEST: C~ ;~' MAYOR Approved by City Attorney'~Office parksrec\res\fees.doc Resolution No. 99-14 Page 2 It was moved by Norton and seconded by adopted, and upon roll call there were: AYES: NAYS: X X X O'Donnell the Resolution be ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry X Vanderhoef ABSTAIN SOCIAL/CULTURAL FY94 FY95 Dark Room (2 hrs.) 6.00 7.00 Potter's Studio- tara ~4 months7 30.00 34.00 Clav (25 lbs.) Cost + 5% Cost + 5% K~ndergro'j~nds'i .-. 1 day/week 3.00 3.50 2 days/week 6.00 7.00 Children's Theatre 15.00 17.50 Science & Nature 7.50-15 8.75-17.50 Children's Cultural 7.50 8.75 Adult Cultural 35-45 40-50 Children's Social 6-12 7-14 Summer Camp: 2 wk. sessions- One session 110.00 115.00 Two sessions 220.00 230.00 Three sessions 330.00 345.00 Four sessions 440.00 460.00 Supervised Play 15.00 16.00 FREE PROGRAMS: Summer Playgrounds Halloween Parade/Carnival Swim Fest Winter Carnival FY96 FY97 7.00 7.00 34.00 40.00 Cost + 5% Cost + 5% 3.50 4.00 7.00 8.00 17.50 20.00 8.75-17.50 10-20 8.75 10.00 40-50 45-55 7.50-15 8-16 115.00 120.00 230.00 240.00 345.00 360.00 460.00 480.00 16.00 16.00 FY98 FY99 7.00 5.00* 40.00 50.00 Cost + 5% Cost + 4.00 5.00) 8.00 10.00) 20.00 24.00 10-20 12-24 10.00 12.00 45-55 50-60 8-16 10-20 130.00 135.00) 260.00 270.00) 390.00 405.00) 520.00 540.00) 16.00 18.00 ESTIMATED PROPOSED TOTAL FY00 REVENUE 5.00* $ 400 50.00 2,500 5% Cost + 5% 2,000 5.00 1,100 10.00 2,400 24.00 2,040 12-24 1,080 12.00 15,360 50-60 12,925 10-20 24,000 135.00) 270.00) 405.00) 540.00) 72,900 20.00 8,000 TOTAL SOCIAL/CULTURAL REVENUE $144,705 PARTICIPANT NUMBERS 80 50 200bags TENTATIVE FY01 FY02 6.00* 6.00 55.00 55.00 ] Cost + 5% Cost + 5% 220 240 85 60 1,280 235 1,500 540 400 5.00 5.00 10.00 10.00 24.00 24.00 14-28 14-28 12.00 12.00 55-65 55-65 10-20 10-20 140.00 140.00 280.00 ,280.00 420.00 420.00 560.00 560.00 20.00 20.00 * NO longer provide chemicals - room use only 2-99 20 Prepared by: Chuck Schmadeke, Director, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5140 RESOLUTION NO, 99-15 RESOLUTION AUTHORIZING EXECUTION OF A REVISED CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF CORALVILLE REGARDING CERTAIN OBLIGATIONS INVOLVING THE IOWA RIVER POWER DAM RENOVATION PROJECT. WHEREAS, the City of Iowa City owns the Iowa River Power Dam located on the Iowa River, a short distance upstream from the mouth of Clear Creek; and WHEREAS, the City of Iowa City desires to renovate the Dam to ensure the permanence of the water pool formed by the Dam and to provide a pedestrian bridge atop the Dam; and WHEREAS, the cities of Iowa City and Coralville agree the Dam renovation, permanent water pool, and the pedestrian bridge will benefit both communities; and WHEREAS, the Iowa Department of Natural Resources also requires the reconstruction of the Coralville boat ramp to the Iowa River be incorporated into the Iowa River Power Dam Renovation Project; and WHEREAS, Iowa City and Coralville executed a 28E Agreement regarding certain obligations involving the Iowa River Power Dam Renovation Project, which agreement was executed by Coralville on April 23, 1997, executed by Iowa City on May 20, 1997 and recorded with the Johnson County Recorder on May 29, 1997, in Book 2276, Page 271 (hereafter "Original Agreement"); and WHEREAS, since the execution of said Original Agreement changes have been made to the design of the project which affect the relative obligations of Coralville and Iowa City as well as the property acquisitions that are necessary in order to complete the Project; and WHEREAS, said changes require that the parties execute a revised Chapter 28E Agreement regarding their rights and obligations in connection with said Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor and City Clerk are hereby authorized to execute the revised Chapter 28E Agreement with Coralville, Iowa, attached hereto and incorporated by reference herein, and said agreement is hereby approved as to form and content, and is found to be in the best interests of the citizens of Iowa City, Iowa. 2. The City Clerk is hereby authorized to forward the executed Resolution and Agreement for recording to the Offices of the Johnson County Recorder and for filing to the Iowa Secretary of State, with recording and filing costs to be shared by both cities. Resolution No. 99-15 Page 2 Passed and approved this 12 th ATTEST:Ci2~/~R~K ~ day of January ,1999. ' YOR C~ty Attorneys Office It was moved by Thornberry and seconded by adopted, and upon roll call there were: O'Donnell AYES: NAYS: ABSENT: the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Contact Person: Chuck Schmadeke, Public Works Department, 410 E. Washington St., Iowa City, IA 52240; 319-356-5140 REVISED CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF CORALVILLE REGARDING CERTAIN OBLIGATIONS INVOLVING RENOVATION OF THE DAM AND INCLUDING CONSTRUCTION OF A PEDESTRIAN BRIDGE ATOP THE IOWA RIVER POWER DAM AND INSTALLATION OF A BOAT RAMP IN CORALVILLE THIS AGREEMENT, made by and between the City of Coralville, Iowa, a municipal corporation, hereinafter referred to as "Coralville," and the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as "Iowa City," pursuant to Chapter 28E of the Code of Iowa, regards certain obligations involving the renovation of the Iowa River Power Dam ("Dam"). WHEREAS, the City of Iowa City owns the Iowa River Power Dam located on the Iowa River, a short distance upstream from the mouth of Clear Creek; and WHEREAS, the City of Iowa City desires to renovate the Dam to ensure the permanence of the water pool formed by the Dam and to provide a pedestrian bridge atop the Dam; and WHEREAS, the cities of Iowa City and Coralville agree the Dam renovation, permanent water pool, and the pedestrian bridge will benefit both communities; and WHEREAS, the Iowa Department of Natural Resources also requires the reconstruction of the Coralville boat ramp to the Iowa River be incorporated into the Iowa River Power Dam Renovation Project; and WHEREAS, Iowa City and Coralville executed a 28E Agreement regarding certain obligations involving the Iowa River Power Dam Renovation Project, which agreement was executed by Coralville on April 23, 1997, executed by Iowa City on May 20, 1997 and recorded with the Johnson County Recorder on May 29, 1997, in Book 2276, Page 271 (hereafter 'Original Agreement'l; and WHEREAS, since the execution of said Original Agreement changes have been made to the design of the project which affect the relative obligations of Coralville and Iowa City as well as the property acquisitions that are necessary in order to complete the Project; and WHEREAS, said changes require that the parties execute a revised Chapter 28E Agreement regarding their rights and obligations in connection with said Project. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: Purpose. The purpose of this Agreement is to define specific responsibilities for construction and maintenance of the Iowa River Power Dam, the pedestrian bridge atop the Dam and pedestrian approach walks, as well as improvements to Coralville's boat ramp to the Iowa River. Consideration. The mutual consideration herein is undertaking the improvements which include Dam renovation, pedestrian bridge, approach walks and boat ramp. Further, it is noted that no separate legal entity is created by this Agreement, and the City Council of each city will administer each city's duties and responsibilities hereunder. Recission of Original Agreement. The Chapter 28E Agreement between the City of Iowa City and the City of Coralville regarding certain obligations involving the Iowa River Power Dam Renovation Project that was executed by Coralville on April 23, 1997, by Iowa City on May 20, 1997, and recorded with the Johnson County Recorder on May 29, 1997, in Book 2276, Page 271, is hereby rescinded and cancelled in its entirety. Responsibility - Iowa City. It shall be the responsibility and duty of Iowa City to: Renovate and maintain the Dam at its sole expense so long as Iowa City holds title to same. This obligation in no way restricts Iowa City from securing funds from entities other than the City of Coralville. Design and construct, or cause to be constructed, the pedestrian bridge, the necessary pedestrian approach walks and the improvements to the Coralville boat ramp to the Iowa River substantially in accordance with the plans prepared by Howard R. Green Company dated September 17, 1998. Maintain the pedestrian bridge and the easterly approach walk to the pedestrian bridge. Acquire the property interests determined necessary, in the judgment of Iowa City, to construct the dam, provide access to the dam for construction and' maintenance and construct the westerly approach walk. The route for construction access shall be in Iowa City' s sole discretion. In the event that 5th Street Place is used for access Iowa City shall repair any damage to the street caused by such use. Secure, on behalf of Coralville, or grant to Coralville in the event that Iowa City has acquired the necessary area in fee title, an easement for permanent use and maintenance of the westerly approach walk. Pay all costs, except $204,587.00 associated with the construction of the pedestrian bridge, the boat ramp and necessary pedestrian approach walks. Responsibility - Coralville. It shall be the responsibility and duty of Coralville to: Authorize Iowa City to secure, on behalf of Coralville, an easement for permanent use and maintenance of the westerly approach walk. Said authorization shall be deemed given upon Coralville's execution of this Agreement. Maintain the boat ramp and the westerly approach walk to the pedestrian bridge and all associated appurtenances including the gazebo, railing, retaining wall, and lighting. Approve the plans and specifications for the pedestrian bridge, westerly approach walk and boat ramp. Approval of the plans prepared by Howard R. Green Company dated September 17, 1998 shall be deemed given upon Coralville' s execution of this Agreement. Pay $204,587 as Coralville's portion of the renovation project. Iowa City' s application for a Resource Enhancement and Protection ('REAP'I grant from the Iowa Department of Natural Resources on Coralville' s behalf, and Iowa City' s prior receipt of such grant in the amount of $150,000, which receipt is hereby acknowledged by Iowa City, shall satisfy $150,000 of Coralville's total contribution to the project. The remaining $54,587.00 shall be paid by Coralville upon final acceptance of the project. Coralville acknowledges that following construction Iowa City will use 5th Street Place to gain access to the dam for maintenance, and Coralville agrees that it will not interfere with or impede such access. Consent. Upon completion of the construction, no changes in the physical features of the pedestrian bridge or the pedestrian approach walks shall be undertaken without mutual consent of the parties to this Agreement. Filing. This Agreement shall be filed with the Secretary of State and recorded in the office of the Johnson County Recorder as required by Section 28E.8 of the Code of Iowa, with costs to be shared equally by both parties. CITY OF CORALVILLE, IOWA im au3ctt, Mayor ATTEST: Arl~m, Ci,~tyCler~~k ,1999. CITY OF IOWA CITY, IOWA :T lest W. Lehman, Mayor ATTEST: ~ K. Karr, C( ~ y Clerk ove OFfice of the Iowa City City Attorney CITY OF CORALVILLE ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this //~7'J3 day of , 19 q~, before me, N'~. ,"'T/o ~,c71.~1~ ~blic in and fo'r'~'~ State of Iowa, personall;~ppeared Ji ausott a d A I s annam t m.~. ersonally known, and, who, being of Coralville, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on beha of the cor. o tion · Councd and th by authority of its City Council, passed by the City ', at -Ji~1'~u3c~ a~lYd/a/;,rlys Hannam acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Not~c in and for the State of Iowa CITY OF IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this /z_~-~ day of -~'~k~c¢,.~:,~ , 19 q~' , before me, ~rj~ , a Notary Public in and for the State of Iowa, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinanoo) (Resolution) No. passed by the City Council, on the /2'/k d y a of , 19 q') , and that Ernest W. Lehman and Madan K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. pweng'~agt~'pdam2,doc Notary Public in and for the State of Iowa 191~2_99 21 Prepared by: Ron O'Neil, Airport Manager, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5045 RESOLUTION NO. 99-16 RESOLUTION AUTHORIZING ADDITIONAL FUNDING FOR PROPERTY ACQUISITION SERVICES BY ACSG, INC. IN CONNECTION WITH THE AIRPORT MASTER PLAN PROJECT. WHEREAS, the Iowa City Airport Commission entered into an agreement with ACSG, Inc. for property acquisition services in connection with the Airport Master Plan Project; and WHEREAS, ACSG, Inc. has requested an increase in funding under said agreement in the amount of $285,915.08 based on the costs ACSG has and will incur performing said acquisition services; and WHEREAS, ninety per cent (90%) of the cost of said additional funding is eligible for reimbursement from the FAA; and WHEREAS, said additional funding was included in the last total projected cost of the Airport Master Plan Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that it is in the public interest to authorize up to $286,000 in funding to the Airport Commission to pay for the cost of an amended property acquisition services agreement with ACSG, Inc. in connection with the Airport Master Plan Project. Passed and approved this 12th day of January ,1999. · MAYOR ATTEST: C City Attomey'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 dennis.mitVes~ACSG.doc Prepared by: Marian K. Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 99-17 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; and WHEREAS, after City Attorney review revisions were recommended to City Council dated January 7, 1999. 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, as recommended by the City Attorney, are hereby adopted, as attached. Passed and approved this 12th day of January ,1999. ATTEST:C 2 iS,,,__. '/<'. . LERK City Attorneys Office It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: O'Donnell the Resolution be AYES: NAYS: X X ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef pcrb%guideres.doc [CITY ATTORNEY'S PROPOSED REVISIONS 1/07/99] CITY OF IOWA CITY IOWA POLICE CITIZENS REVIEW BOARD STANDARD OPERATING PROCEDURES AND GUIDELINES The PCRB was established to assure that investigations into claims of police misconduct are conducted in a manner which is fair, thorough and accurate and to assist the Police Chief, the City Manager and the City Council in evaluating the overaft performance of the Police Department as a whole by having it review the Police Deportment's investigation into complaints. To achieve these purposes, the PCRB shaft comply with Chapter 8 of the/owe City Code, the Board's By-Laws, and the Police Citizens Review Board's Standard Operating Procedures and Guidelines. PCRB SOP 9~98 VI. VII. VIII. TABLE OF CONTENTS Page Complaint Process ....................................................................................1-2 Formal Mediation Guidelines and Procedures ...........................................2 Meetings ..................................................................................................3-5 Complaint Review Process ......................................................................5-7 Review of Policies, Procedures and Practices of the Iowa City Police Department .....................................................................................7-8 Annual Report ...........................................................................................8 General .....................................................................................................8-9 Appendix A. The City Code of Iowa City, Chapter 8, Police Citizens Review Board B. Iowa City Police Citizens Review Board By-Laws C. City of Iowa City Police Citizens Review Board Guidelines and Procedures for Formal Mediation D. Section 21 of The Code of Iowa Official Meetings Open to Public (Open Meetings) E. Section 22 of The Code of Iowa, Examination of Public Records (Open Records) F. Police Citizens Review Board Complaint Form PCRB SOP-9/98 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 identifying information deleted. B. Procedure for complaints 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 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 complaint shall be provided to Board members in the next meeting packet; Notice shall be given to the complainant that the complaint appears to be untimely or to not involve the conduct of an Iowa City sworn police officer and is subject to summary dismissal. The complainant shall be invited to submit written correspondence to the Board on this issue prior to the meeting at which the Board will consider the matter. 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 Eof the ordinance. The Board shall not discuss the facts or substance of the complaint at said open meeting. PCRB SOP-9/98 - 1 If the Board dismisses the complaint 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 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 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 shall not be dismissed, it shall so advise the Police Chief or City Manager so they may continue their investigation and make their required report to the PCRB. C. Amendments to a complaint must be in written form. The complainant may withdraw the complaint at any time prior to the Board's issuance of its report to City Council.. I1. Formal Mediation Guidelines and Procedures Formal mediation is the responsibility of the PCRB and is offered as a method to facilitate a successful resolution of the issues involved in a complaint. The PCRB shall accomplish this responsibility by complying with 8-8-2 H. 8-8-4 and 8-8-7 of the City Code and the PCRB Guidelines and Procedures for Formal Mediation, approved by the City Council on March 10, 1998 and made a part hereof. III. Meetings Regular meetings shall be held monthly. Special meetings may be called by the Chair as needed. The 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. 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. C. Consent Calendar shall include: Minutes of the last meeting(s); PCRB SOP-9/98 - 2 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. To the extent practicable. Legal Counsel for the PCRB shall attend all meetings of the Board. Electronic Participation Follow the requirements of Section 21.8, The Code of Iowa for "electronic meetings.". "Electronic meetings" as defined in this section presumes electronic participation is necessary for a quorum. Electronic participation in meetings. A member may participate by electronic means when the member's presence is not necessary for a quorum, and said member shall have all rights as if participating in person.. 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 concerning whether a document is public or confidential, she shall notify both the City Attorney's Office and counsel to the PCRB of the request. All records of the Board shall be public except as specifically provided for in Chapter 22, The Code and in the PCRB By-Laws. PCRB SOP-9/98 - 3 IV. Con~dentiality of complaints, reports of investigations, statements and other documents or records obtained in investigation of any complaint. See By-Laws VII .1 (a). Con~dentiality of the minutes and tape recordings or closed sessions. See By-Laws VII .1 (b). 6. Con~dentiality of mediation matters. See By-Laws VIl.l(d). Confidentiality of information protected by the Iowa Open Records Law or the Iowa 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 1. Conflicts of Interest. See By-Laws V.9. 2. Ex Parte Contacts. See By-Laws, V.8. Complaint Review Process The Board shall review all Police Chiefs reports and City Managers 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 Chiefs 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 Manager if the complaint is against the Chief, of the selected level of review. The Chief shall notify the officer of the selected level of review. 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. If the Board determines that the comments or findings contained in its proposed report will be critical of the conduct of a sworn police officer, it must offer the officer a name-clearing hearing prior to the issuance of the Board's report to Council. 2. The Board shall select a proposed date for the name-clearing hearing. PCRB SOP-9/98 - 4 Written notice of the date, time and place of the name-clearing hearing shall be given to the officer no less than ten working days prior to the date set for hearing. The notice to the officer should be transmitted via the Chief of Police. The notice to the officer shall provide a written response form for the officer to demand or waive the name-clearing headng. Said written response form shall also allow the police officer to state whether he or she requests an open or closed session. 4. If the officer provides a written waiver of the name-clearing hearing prior to the date set for hearing, the hearing shall not be held. 5. If the officer does not respond to the notice prior to the time of the hearing, the hearing shall be convened. If the officer does not appear, the hearing shall be terminated. If the officer demands a hearing or appears at the hearing, the Board will first determine whether the hearing shall be open or closed. If the officer requests a closed session, the Board shall close the session pursuant to motion specifically identifying Section 21.5(1 )(i) and 21.5(1 )(a) of the Iowa Code as the basis for closure. If the officer does not request a closed session the session shall be open except where closure is appropriate pursuant to Section 21.5(1 )(a). At the hearing the Board shall advise the officer of the Board's proposed criticism(s) and evidence supporting the same. The officer shall be given the opportunity to be heard and to present additional evidence, including the testimony of witnesses. If, subsequent to a name-clearing hearing or waiver of a name-clearing hearing 'by the officer, the Board changes its level of review, it shall issue a new written notice pursuant to subparagraph B. hereof. If, following said change, the proposed report is cdtical of the sworn officer's conduct, the Board shall offer another name-clearing hearing to the officer pursuant to the name-clearing headng procedures herein. 9. The complainant shall not receive a notice of, or have the right to padicipate in, a name-clearing hearing. Report 1. 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. PCRB SOP-9/98 - 5 VI. VII. 5. Final Public Reports shall be reviewed by legal counsel to the PCRB before being submitted to the City Council. G. Final PCRB Public Reports shall be distributed according to 8-8-7 B.3 of the City Code. The copy sent to the City Council shall be accompanied by the minutes of the meeting which approved it and be sent to the City Clerk for inclusion in the next Council agenda packet. H. Once the Public Report is sent to designated parties, the complaint file is closed and is taken to the City Clerk's Office for retention. Review of Policies, Procedures and Practices of the Iowa City Police Department As stated in the City Code, 8-8-7 C(3), and Article 11 of the PCRB By-Laws, and using the PCRB Standard Operating Procedures and Guidelines, the Board shall, from time to time, report to the City Council on policies, procedures and practices of the Iowa City Police Department, including recommended changes, if appropriate. A. Policy-review discussions shall be held at regular meetings, when possible. B. When citizens have a concern about police procedures or practices, but there is no allegation of individual officer misconduct, there may be an issue of policy. Any citizen or Board member may raise an issue at a PCRB meeting. C. 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 Report The PCRB shall maintain a central registry of all formal complaints against sworn police officers and shall provide an annual report to -the City Council which will give the City Council sufficient information to assess the overall performance of the Iowa City Police Department. 8-8-2 M and 8-8-7 C.2 of the City Code, Article VIII.5 of the PCRB By-Laws, and the PCRB Standard Operating Procedures and Guidelines A. The annual report shall include information required by Chapter 8 of the City Code. B. The PCRB's annual report may also include recommendations to amend the Ordinance. General A. The lawful custodian of the PCRB records and the central depository for all information is the City Clerk's Office of the City of Iowa City. B. The Chair is the official spokesperson for the PCRB. C. When legal counsel and/or staff are contacted on PCRB business, they shall report that information to the Chair and to each other. PCRB SOP-9/98 - 6 eleanor~pcrbgde,doc Contacts between a Board member and the Police Chief and/or City Manager shall be in the form of written communication when possible. Requests for information from the Board to the Police Chief or City Manager shall be in writing. The PCRB administrative assistant shall provide to the Board a monthly "PCRB Office Contacts Report," stating the number of telephone calls and in-office contacts which come directly to the PCRB office, the general substance of such contacts, and their disposition. Voice Mail telephone messages to the PCRB office from citizens shall not be retained nor will messages be transcribed unless there are extenuating circumstances on a case-by-case basis determined by legal counsel for the PCRB and the City Attorney's Office. The Board shall utilize its own letterhead stationery. PCRB SOP-9/98 -'7 Date: To: From: Re; City of Iowa City MEMORANDUM January 7, 1999 , ~, Sarah E. Holecek, First Assistant City Attorney ~,j'- Recommendations regarding Police Citizens' Review Board (PCRB) Standard Operating Procedures and Guidelines 22 On November 13, 1998, we issued a memorandum outlining our recommended changes to the Standard Operating Procedures (SOP's) proposed by the PCRB. It appears that the City Attorney's Office and PCRB are in agreement with the proposed changes, with the following exceptions: This Office recommended that the SOP's be amended to require that legal counsel to the PCRB attend all meetings. The PCRB has requested, and we agree, that the SOP's be amended to require attendance by Board Counsel "to the extent practicable". This is reasonable and will allow for unanticipated absences of legal counsel. The PCRB does not agree with our recommendation that the Complainant not be invited to appear and present testimony when a complaint is being reviewed for the limited purpose of summary dismissal (i.e. for not involving an Iowa City Police Officer or not being timely filed). For the reasons outlined in our prior memo, we continue to recommend that the complainant not be invited to participate in this hearing. Again, we believe it is unrealistic that a discussion of the timeliness of a complaint will not include discussion of the merits of the matter, and we find that the likelihood of tainting the complaint investigation process or an officer's reputation outweighs any potential impact to the complainant's opportunity for redress. Since our discussion regarding our recommended changes to the SOP's, Chief Winkelhake has notified the PCRB that all reports to the Board will use officer identifiers such as "Officer #1, Officer #2, etc", which are not assigned to a particular officer. The previous numbering system, whereby a particular number was applied to an officer and that number was used in each complaint, allowed the officer to be identified by the PCRB during the complaint investigation and deliberation process and allowed the press to identify an officer against whom more than one complaint had been filed. The PCRB originally proposed that officer's names be redacted from the original complaint prior to transmission to the Board. Our recommended changes to the SOP's simply added that "other identifying information" (such a physical appearance) also be deleted from the complaint. It appears that the PCRB's inability to identify an officer during the deliberation process has now become an issue, as the PCRB believes this information is necessary to assess the credibility of an officer's statement. It is our understanding that in light of the new numbering system the PCRB now desires to amend the originally proposed SOP'sto provide that the officer's names and other identifying information will not be deleted from the complaint. We strongly disagree with this change. In fact, we are concerned that such information can taint the investigative process. In addition, we note that an officer under review must authorize the release of their statement to the PCRB, thus the issue of an officer's credibility will only be relevant when the officer authorizes the same. In short, for reasons of confidentiality and avoiding the creation of prejudice and bias, we continue to strongly recommend that all information which may identify an officer be redacted from the initial complaint. We understand that the PCRB will request deferral of the SOP's until after the joint meeting between the City Council and the PCRB. We have expected that Council and the PCRB will discuss the Chief's new numbering system and its ramifications at the planned joint meeting. This Office will have additional comment at that time. We believe, however, that the SOP's need to be put in place now as the discussion at the joint meeting will likely involve a number of matters and possible ordinance changes. If the results of that meeting requires changes to the SOP's, so be it. The ordinance requires the adoption of procedural rules approved by Council, and clearly establishing such procedures is particularly important for a board of this nature. A procedural framework should be put in place now and amended later if necessary. A redlined copy of our proposed amendments to the Board's originally proposed SOP's is attached. We will see you at your work session on January 11 to discuss these issues. In the meantime, if you have any questions or require a copy of the previously distributed material, please feel free to call either one of us. cc: Doug Russell, Counsel to PCRB by FAX Marian Karr, City Clerk Steve Atkins, City Manager Dale Helling, Assistant City Manager R.J. Winkelhake, Chief of Police Matt Glasson, Attorney for Police Officers' Union by FAX sarah\council~pcrbsop.mrno POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319)356-5413 January 8, 1998 Mayor Ernest Lehman Dear Mayor Lehman: It is the understanding of the PCRB that the City Attorney is recommending certain changes in the PCRB Standard Operating Procedures and Guidelines to the Council. The Board strongly disagrees with some of her recommendations. While these changes may seem to be merely technical, in the Board's view they speak to the very core of its responsibilities under the ordinance. The PCRB fervently urges the City Council to defer the PCRB SOP's' vote until the Board has the opportunity to meet with you at our scheduled joint meeting on February 11, 1999. The Board would be pleased to make themselves available at an earlier date if that is more convenient with the Council. It was the Board's original intent that it have this conversation with you on the SOP's prior to your vote. In the event this vote is not deferred, Board members will be attending your informal meeting on Monday, January 11, 1999, to make a short presentation and answer any questions. Sincerely, Leah Cohen, Chair Police Citizens Review Board CC: City Council Members Eleanor Dilkes, City Attorney Steve Atkins, City Manager [CITY ATTO PROPOSED REVISION~ 1107199] CITY F IOWA CITY IOWA POLICE REVIEW STANDARD OPEl PRO( DELINES S AND The PCRB was established claims of police mis, is fair, and to the ~ Council in performance of the review the Police To achieve these the Cha City Code, Police Citizens ,view Board's Standard Procedures investigations into a manner which Police Chief, valuating the overall whole by having it into complaints. f with and the PCRB SOP 9/98 VI. VII. VIII. Complaint 3. Formal Mediation Meetings .......... Complaint Review Review of Policies, Police Department ........ Annual Report ................... General .... Appendix TABLE OF CONTENTS uidelines and Procedures. ess The City Code of Iowa Review Board Page ....... 1-2 ........................ 2 ............................ 3-5 ................................. 5-7 ,dures and Practice Iowa City ............................................. 7-8 ................................................ 8 .... 8-9 Chapter 8, Police Citizens Iowa City Police City of Police Citizens Formal Mediation of The Code of Iowa Publ (Open Meetings) Board By-Laws Board Guidelines and Meetings Open to 22 of The Code of Iowa, Examin ion of Public ecords (Open Records) Police Citizens Review Board Complaint PCRBSOP-9~8 laint Process In an t to assure the citizens of Iowa City that the Iowa City Police Department's I is in keeping with community standards, the PCRB shall review investic into complaints of police misconduct to insure that such investigations conducted in manner which is fair, thorough and accurate. The PCRB shall a~ this by reviewing and reporting on citizen complaints in accordance the procedural rules Chapter 8 of the City Code, following the Police Review Board By-Laws, VIII, and the Board's Standard Operating and Guidelines. A. Complaints filed in accordance with 8-8-3 C and A of the City Code of Iowa City 1. All docum~ returned. and related materials filed wit Board shall not be Complaints filed number consisting consecutive copy sent to Board names and other :he City Clerk's Offi, be assigned a complaint the last two its of the present year with starting (1) (e.g. 98-1). The complaint have all references to police officer deleted. Procedure for complaints which dismissal filed after sixty days subject to summary 1. A complaint that aPi to be imely filed or a complaint that does not involve the cond of an Iowa sworn police officer otherwise dcficicnt shall b. ned a in the ordinary manner as provided in the City Co . 2. A copy of he complaint shall be d to the Police Chief or City Manager,, with a cover letter indicating N appears to be an untimely compl 'nt or a complaint that does not /c e the conduct of an Iowa City worn pol!ce offic.er .and will be re w ~ by the Board at its next 3. Ip~aer~guntimcly complaint shall b provided to Board ." members in the next meeting packet; · Notice shall be given to the complainant that the complai will bc on the F~ext mccting 3gonda, giviF~g-thc complainant an opportunit to bc hoard /~_ on the issue of whether the complaint was timely filed; ap ars to be submit written correspondence to the Board on this issue prior io the meeting at which the Board will consider the matter, PCRB SOP-9/98 - 1 II. III. Amtot~o~Tne~t;?~gn at which the complaint is considered, the by , session, vote to determine whether the com will be under Section 8-8-3 D-Eof the sta,tateordinance The Board shall ~ot discuss the facts or substance of the complai~ at said open If the dismisses the complaint as untimely, th~ shall forward a copy of decision to the Police Chief or the er and also to the com ~nt. The co corn Board of the done. ,y going to the Chief or City er shall state that the been dismissed as un and that a report to the e Chief or City Mana! is not required by Chapter 8 The Board may uest that an investigation be The copy of cover letter ~ietem~ncd to bc the PCRB, there complaint directly wi available should th, to the complainant shall include a although the complaint has been dismissed and will not be reviewed by method for the complainant to file a the Iowa City Police Department that is still ~lainant wish to pursue the matter. If the Board determir dismissed, it shall may continue their PCRB. ~laint is timcly and shall not be Police Chief or City Manager so they nd make their required report to the C. Amendments to acom must be in form. D. The complainant m, withdraw the com ~t any time prior to the Board's issuance of its to City Council.up to (7) days a~or thc Board rcsoivcs tho Chiof's or City Manac v roport. Aftcr that timo, thc complaint may withdrawn with thc consent'of th Board. Formal Mediation L :lines and Procedures Formal mediatio is the responsibility of the PCRB and is offered as a method to facilitate a succ ssful resolution of the issues involved in a co plaint. The PCRB shall accomplish th' responsibility by complying with 8-8-2 H. 8-8- and 8-8-7 of the City Meetin Regul r meetings shall be held monthly. Special meetings may be cal d by the Chair as PCRB SOP-9/98 - 2 '~eet~itlg packets shall be distributed to Board members at least two (2) rior o a meeting when possible. ace of Posting Notices and Agendas. Follow requirements of Section 21.4, The Code of Iowa. 2. The City of Iowa City provides the Notice Bulletin in the lobby of the Civic Center; notice of a meeting will also be di Jted in media located in the Civic Center. Consent lendar shall include: of the last meeting(s); Corres ;nce and/or memoranda dire~ to the PCRB (not corn Staff shall be given ~ctions based on Board discussion to whether staff shall respor whether Board members shall res copies furnished to th, ~rd. Time for open public Jssion shall be provided by the PCRB B Article V, available at all open meetings as st,on 6. Time for "Board ~nd all meetings· ~n" shall be made available at Decisions made in executive sessi shall be ratified in open session. Taped minutes of open and approval of minutes. be kept thirty (30) days from acceptance Taped minutes meetings the meeting. be kept for one year from the date of To the extent practi Legal Counsel of as dirocted by Board. :he PCRB shall attend all meetings Electronic Foil the requirements of Section 21.8, Code of Iowa for "electronic ~.". "Electronic meetings" as !d in this section presumes participation is necessary for a 3 majority of thc of tho Board arc participating ically. Electronic participation in meetings· A memb r may participate by electronic means when the member's presence ~ not necessary for a quorum. and said member shall have all rights s if participating in person.the majority of tho Bo3rd sonvoncs in pors n. Tho porson or porsons participating olcctronically 3re part of the quor for the mooting and may make or soc, ond motions and may vote. Refer Soction 21.8, The Codo of Iowa. P-9/98 - 3 K. Quorum and Voting Requirements 1. Quorum. See By-Laws V.2. 2. Voting. See By-Laws V. 10. 3. Voting to close a session. See Section 21.5, The Code of Iowa. L. I a Open Records Law 1. The Board must follow all the requirements of Chapter 22, The of Iowa, Examination of Public Records (Open Records). This mes ry erson has the right to examine and copy the public records of PCRB ursuant to that Chapter. ' 2. Th lawful custodian of the PCRB public records is the C' Clerk of Iowa City. If the City Clerk requires legal counsel conc rning whether a docu nt is public or confidential, she shall notify be the City Attorney's Office a d counsel t° the PCRB of the request. r° records shall o kept confidential and onl Jndor ' :umstanccs in which they arc speci Ily 3uthorizcd to be by Chapter 22, The 4. Confidentiality of mplaints, other documents See By-Laws VII.I~ 5. Confidentiality of the See By-Laws VII. 1 (b). 6. Confidentiality of 7. Confidenti information the Iowa O Meetings Law. Iowa Open s Law. The Board follow all the requirements Official M~ Open to Public (Open Confii s of Interest and Ex Parte Contacts 1. Conflicts of Interest. See By-Laws V.9. L//~Ex Parte Contacts. See By-Laws, V.8. of investigations, statements and in investigation of any complaint. and tape recordings or closed sessions. Ltters. See By-Laws VII.1 (d). by the Iowa Open Records Law or By-Laws VII. 1 (c). Chapter 21, The Code of Iowa, ~). PCRB SOP-9/98 - 4 IV. Complaint Review Process eBoard shall review all Police ChieFs reports and City Manager's c mplaints utilizing Sections 8-8-6, 8-8-7 and 8-8-8 of the City dard Operating Procedures and Guidelines. A. concerning and the PCRB , Review of Police Chief's report or City Manager's rep, \, City Code. Follow 8-8-7 B of the ,elect a level of review as outlined in 8-8-7 B. 1 of the City Code. The ~ard shall notify the Complainant and the Poll Chief, or the City Manager if complaint is against the Chief. of the level of review. The Chief shall the officer of the selected level of revie, Requ ;t for an extension of time to file P~ the Code. public report. Refer to 8-8-7 B.6 of The name-deal Section shall not issue a public g hearing has been B.4 of the City ~ort critical of a police officer until after a or waived by the police officer. Refer to ~ E. Name-clearinc ;aring proce< 1 .The Board shall >sod date for the name. clearing hearing; 2.Written notice is place of the is not transmittcd provide a name the officer and thc complainant of the date, time and g and its purpose. The notice to thc officer, if he or she the Chiof's or City Managor's report, should bc of Police. Thc notice to the officer should rcs form for the officer to demand or waive the hearing. 3.The officer writ, n, he respond by or by not respond,n! right to a hearing, the name clearing hearing a hearing, by waiving thc hearing in the notice. The complainant has no ~nd thc complainant's wishes as to not binding on the Board. (b) If thc officer has demandcd a ring, the chair of the Board shall conduct a hearing as per B.4 of the City Code. At a minimum, this would require that tki officer and the complainant have a right to make 3 statement and o present ovidonce and the testimony of other witnesses. It would Iso require some right to confrontation and cross examination opportunity to rebut opposing evidence. The Board may set asonablc rules 3bout t-be time allowed to each side-with the typ s of evidence it may receive as long as the rules arc neutral. Th hearing goal is to give cvoryono a fair say in a controlled manner. ~ PCRB SOP-9/98 - 5 8 8 7 B.5 of the-s~tutc states that the Boc about a complaint if the officer has hearing, but the complainant or the dcp evidence. However, the Board need n~ may hold a hcaFin9 thc name clearing wishes to present a hearing in such In the-event the offiscr does not concerning his or her right to a namc clearing hearing, the may proceed to schedule a hearing and deter-mine at the t~c of the hcar-i~g whcthcr it will receive evidence or cancel th g. 4 .The :-clearing hearing is a clo,, hearing under Iowa Code Section 22.7 or 2-1.--8(i). The witnc! ;os may attend. Thc s oct matter is still the Chicf's report and pending invcsti request fer a-name- cleari Learing would cn e Section 21.5(i). 5.After the 8oard roa, Board shou hearing, the made as arcs If the Board determines that the of the conduct of a sworn police issuance of the Board's report session in the name clearing hearing is hcld and the ~cs its d about the contents of its public report, the open session. At any time after the name clearing approve its public report, including any changes }f the name clearing hearing. or findings contained in its proposed report will be critical must offer the officer a name-clearing hearing prior to the The Board shall select a pr date for ~e name-clearing hearing. Written notice of the and place of th name-clearing hearing shall be given to the officer no less than ten ~orking prior to the date set or hearing. The notice to the officer should be transmitted via the ~ Police. The notice to e officer shall provide a written response form for the officer to dem nd or waive the name-clearing earing. Said written response form shall also allow the police offic to state whether he or she request an open or closed session. If the officer rovides a written waiver of the name-clea ing hearing prior to the date set for hearing, the hearin shall not be held. If the o icer does not respond to the notice prior to the time f the hearing. the hearing shall be conv ned. If the officer does not appear, the hearing shall be t rminated. If e officer demands a hearing or appears at the hearing. the Boa d will first determine whether the aring shall be open or closed. If the officer requests a closed sessi . the Board shall close the otion specifically identifying Section 21.5(1 )(i) and 1.5(1 )(a) of the Iowa Code ::j:: %:: ::': :'::o::: :,:: · .....,, .. o... t I PCRB 8OP-9/98 o 6 At the hearing suppoding the sa evidence. includin Board shall advise the officer of the Board's proposed criticism(s) ~e. The officer shall be given the opportunity to be heard and to the testimony of witnesses. evidence ;ent additional If. subsequent to a Board changes its le hereof. If. following s~ Board shall offer anotl' procedures herein. hearing or waiver of a name-clearing hea by the officer. the of review. it shall issue a new written notice purst to subparagraph B. change. the proposed report is critical of the officer's conduct. the name-clearing hearing to the officer ~t to the name-clearing hearing The complainant shall hearing. ;ceive a notice of. or have the ri. to participate in. a name-clearing F. Report Writing Follow 8-8-7 of the Code 1. The shall appoin a committee to prepare draft reports. The committee ay request ssistance from staff as needed. 2. When I to the meeting report shall be included in the agenda packet prior it is discussed. 3. Draft reports sh full Board. discussed in executive session and finalized by the 4. Draft re be ,ntial. Final Pu Reports ~e reviewed by legal counsel to the PCRB J before ;ing submitted to th~ Council. Final PCRB Code. the meet next Reports shall be buted according to 8-8-7 B.3 of the City sent to the City Council Jail be accompanied by the minutes of which approved it and be se to the City Clerk for inclusion in the agenda packet. arc Public Report is sent to designated :ies, the complaint file is closed taken to the City Clerk's Office for retention Review Policies, Procedures and Practices of the As the Police Department in the City Code, 8-8-7 C(3), and Article 11 of the ] By-Laws, and using Standard Operating Procedures and Guidelines, the Bc shall, from time to report to the City Council on policies, procedures and of the Iowa City Department, including recommended changes, if appropriate. Policy-review discussions shall be held at regular meetings, when p~sible. PCRB SOP-9/98 - 7 Bo no Any c citizens have a concern about police procedures or practices, but there is ation of individual officer misconduct, there may be an issue of policy. zen or Board member may raise an issue at a PCRB meeting. The rd encourages signed written correspondence from citizens but accept nonymous correspondence concerning policies, procedures, practices the Iowa City Police Department. VI. Annual Report The PCRB shall officers and shall Council sufficient Department. 8°8-2 M Laws, and the PCRB a central registry of all formal complaints sworn police ide an annual repod to the City Council will give the City to assess the overall performanc the Iowa City Police 8-8-7 C.2 of the City Code, Art VIII.5 of the PCRB By- ard Operating Procedures ant A. The annual report Code. include information by Chapter 8 of the City B. The PCRB's annual re Ordinance. may recommendations to amend the VII. General The lawful custodian of the information is the City Clef records and the central depository for all the City of Iowa City. B. The Chair is the officia >erson the PCRB. / ./ o. o. repod n Chair and to other. / D. Contacts b een a Board member and the ~ce Chief and/or City Manager shall be i the form of written communistion whe ~ ~ssible. E. Req sts for information from the Board to the Pc ~ e Chief or City Manager sh be in writing. . . F. he PCRB administrative assistant shall provide to the Boa a monthly "PCRB Office Contacts Repo~" stating the number of telephone alls and in-office contacts which c?m~ di;'e?~ly to the PCRB office, the general s stance of such . a I es to the PCRB office , not be r~tained nor will messages be transcribed ~nless there are extenuating H. The Board shall utilize its own letterhead statione~. eleanor~pcrbgde.doc PCRB SOP-9/98 - 8 Prepared by: Marian K. Karr, City Clerk, 410 E. Washington St., Iowa City, (319) 356-5041 BOARD STAND'A~ OPERATING PROCEDURES WHEREAS, Ordinance 97-37e2 establishing the approval of procedures and guidelines for the Iowa City \, WHEREAS, procedures and guideli~.s have been Review Board at their September 15, '1'9,98 meetin and CITIZENS REVIEW GUIDELINES. Review Board requires final Citizens Review Board; and' and adopted by the Police Citizens WHEREAS, the Police Citizens procedures and guidelines at their October recommended City Council approval of said meeting. NOW, THEREFORE, BE IT RESOLVED IOWA, THAT the Iowa City Police Citizer Guidelines dated September, 1998 are h~ Passed and approved this A'I'rEST: CITY CLERK / / / It was moved by adopted, and upon roll ca here / AYES: / / / were: NAYS: of :ITY COUNCIL OF THE CITY OF IOWA CITY, ,199 . MAYOR Approve by City Attomey's ffice and seconded by Resolution be ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef pcrb~guideres.doc CITY OF IOWA CITY IOWA CITIZENS REVIEW BOARI OPERATING PROCEDURI GUIDELINES AND The PCRB was into claims of which is fair, thorough Chief, the City Manager overall performance of the having it review the Police complaints. To achieve with Chapter 8 of the and the Police Cizy~ens Procedures and to assure investigations in a manner and to assist the Police Council in evaluating the Department as a whole by invest~lation into the PCRB shall comply Code, the Board's By-Laws, Standard Opera~g PCRB SOP 9~98 TABLE OF CONTENTS II. III. IV. V. VI. VII. Page Complaint ...................................................... 1-2 Formal Me .................... 2 Meetings ....................................... 3-5 Complaint Review ./- ...................................5-7 Review of Policies, Proe Police Department Annual Report General, nd Practices of the Iowa City 7-8 8 8-9 VIII. Appendix A. The of Iowa ity, Chapter 8, Police Citizens ird uidelines d Procedures for Formal MI ion D Section 21 of The Code of Official Meetings Open to (Open Meetings) E. Section 22 of The Code of Iowa, of Public Records (Open Records) F. Police Citizens Review Board Complai~ Form PCRB SOP 9/98 Complaint Pro ec~ss In an effort to assure the citizens of Iowa City th the Iowa City Police Department's performance is in keeping community standards, the PCRB shall review investjgatio~ into complaints of police misconcuct to insure that such invesl ations are conducted in a manner which is fair, thorough and accu this by receiving, reviewing and-reportin. accordance wit ~ the procedural rules following the Pc lice Citizens Review the Board's Star dard Operating The PCRB shall achieve ~n citizen complaints in 8 of the City Code, By-Laws, Article VIII, and and Guidelines. A. Com ;hall be filed 8-8-7 A of ~e City accordance with 8-8-3 C and Iowa City. All shall Compla assignee digits of starting sent to officer related materials filed with the Board irned. d in the City Clerk's Office shall be .mplaint number consisting of the last two present year with consecutive numbers, Ih one (1) (e.g. 98-1). The complaint copy members shall have all references to police deleted. B. Procedure nts which are filed after sixty days 1. A th defici~ ~rdinary manner 2. A copy of the Chief or City appears to be untimely filed or ~t shall be assigned a number in the provided in the City Code. laint shall be furnished to the Police r, with a cover letter indicating that it appears to be an u :imely complaint and will be reviewed by the at its next regular or special meeting. A copy of the apparent ~timely complaint shall be provided to Board meml Notice shall be given to th complaint will be on the complainant an opportunity whether the complaint was in the next meeting packet; ~lainant that the meeting agenda, giving the be heard on the issue of ly 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 di,Smissed under Section -8-3 D of the statute; ,/ If the Board dismisses the cot ~ as untimely, the staff shall forward a copy ooe~C~e decision to the Police hief or the City Manager c also to the complainant. laint has been dismissed as untimely and th~ a report to the Board by the Chief or City nager is not required by Chapter 8 of the Code. Board may request that an investi done. b. copy the decision sent to the complainant hall incl a cover letter advising that although Jint has been determined to be untimely a: not be reviewed by the PCRB, there is a m, for the complainant to file a complaint tly with the Iowa City Police Department that available should the complainant wish to the matter. If the complaint is timely and shall not e dismis ~d, it shall so advise the Police Chief or Ci' Manager they may continue their investigation d make their ,quired report to the PCRB. C. Am~ tS tO a tom must be in written form. complainant may ven (7) days after the Manager's report. :hdrawn with the consent lw the complaint at any time up to receives the Police Chief's or hat time, the complaint may be the Board. II. Mediation Guidelines and mediation is the responsibility of to facilitate a successful complaint. The PCRB shall accomplish this with 8-8-2 H, 8-8-4 and 8-8-7 of the y Guidelines and Procedures for Formal Council on March 10, 1998 and made a part PCRB and is offered as a the issues involved in a by complying e and the PCRB approved by the City -,PCRB SOP 9/98 - 2 III. Meeti~g~,s Regular h~eetings shall be held monthly. Special meetings may be called by Chair as needed. The Board shall comply with Article V of the By-Laws and the PCRB Standard O Procedures and Guideli Am Meetin packets shall be distributed to Boa~ members at least two (2 prior to a meeting when ~le. B. Place of Notices and The the Iobb, be uirements of Sectio ,4, The Code of Iowa. of Iowa City proviI the Notice Bulletin Board in of the Civic Cen r; notice of a meeting will also ted in media <es located in the Civic Center. C. Consent shall inl Minutes of Corresponde (not complai~ based on B respond o copies fL meeting (s); and/or memoranda directed to the PCRB related). Staff shall be given directions Jiscussion as to whether staff shall Dr Board members shall respond, with the Board. Time for o open meeti Section public discA gs as provided ;ion shall be made available at all the PCRB By-Laws, Article V, Time fi "Board Information" made vailable at all meetings. "Staff Information" shall be ;ions made in executive sion. ;hall be ratified in open aped minutes of open meetings shall from acceptance and approval of thirty (30) days Taped minutes of executive meetings shall from the date of the meeting. kept for one year Legal Counsel for the PCRB shall attend meetin the Board. as directed by 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. 2. El~,ctronic participation in meetings. A member Refer to Section 21.8, T~ C~e of io~( Quorum and Voting Requirements 3. Voting to close ~ session. Se~' Section 21.5, The Code of Iowa. ~ 22, The Code of Io~a, Examination of Public Records (Open Records). ~his ans every person has the right ' ' blic records of the PCRB 2. The lawful ~stodian of th%PCRB public records is the 3. All records of the Board shall e public except as specifio~lly provided for in Ch ter 22, The Code or in 4. Confidentiality of complaints, repo~ of investigations, statements and other documents or cords obtained in investigation of any complaint. S~ B -Laws VII. 1 (a). 5. Confidentiality of the minutes and tape recordings or 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). lowa Open Meetings Law. .l. "'~he Board must follow all the requirements of Chapter 21, The C'i~de of Iowa, official Meetings Open to Public/tOpen Meetings). N. Conflicts of Interest and Ex Parte Contac~/ 1. Conf, licts of Interest. See By-La s V.9. Compl nt R A. Review of Polioe Ch :'s repo~ or City Manager's repo~. Follow 8-8-7 B of the Dm Select a level Code. Request f.~/8_a; extension Refer to B.6 of the Ci / / The PCRB shall not issue a officer until after a name-cle to Section 8-8-7 B.4 of the Cit~ / ,/ Name-clearing hearing procedure s outlined in 8-8-7 B. 1 (a)-(f) of the City time to file PCRB public report. Code. lic report critical of a police hearing has been held. Refer The Board shall select a ~d date for the name- clearing hearing; Written notice is given to the er and the complainant of the date, time and place of the ;aring and its purpose. The notice to the officer, he or she is not identified in the Chief's or City report, should be transmitted via the Chief of Police.. 'he notice to the PCRB SOP 9~98 / / officer should provide a written response form fi the officer to demand or waive the name-clearing 3. The officer may respond by demanding a hea ~g, by waiving the hearing in writing, or by not re,,to '\ the notice. The complainant has no inde right to a \, hearing, and the complainant's wishes holding the '~,,name-clearing hearing are not binding the Board. '.. (a) If the officer has deman~ a hearing, the chair ,,. of the Board shall cond a hearing as per ,,,.,,..,.8-8-7 B.4 of the >de. At a minimum, this would require that officer and the ,,.,. complainant haveright to make a statement "\,and to present and the testimony of It would also require some ht to confi and cross-examination or o o rebut opposing evidence. The set reasonable rules about the time alh o each side with the types of evidence it ma' as long as the rules are neutral. The ~ng goal is to give everyone a fair say in >lied manner. (b) If offit ..r has waived the right to a name- he the Board need not provide in his o~ absence. Nonetheless, / 8-8-7 B.5 of statute states that the Board t may hold a he about a complaint if the / / officer has wail the name-clearing hearing, / but the complai~ ~nt or the department wishes / / to present :e. However, the Board need / not provide a hear in such a case. ,/' (c)!n the event the does not reply //' concerning his or he right to a name-clearing / hearing, the Board proceed to schedule a // hearing and determine the time of the hearing / whether it will receive ,idence or cancel the hearing. / 4. The name-clearing hearing is a clo~ hearing under Iowa Code Section 22.7(5) or 21.5(i). The involved, the complainant, and any witnesses may . The subject matter is still the Chief's report and the;oard's pending investigation of it. An officer's requesta name- clearing hearing would engage Section 21 9/98 - 6 \ F= 5. 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'~/Vriting - Follow 8-8-7 of the City Code / ,,.,,,, 1. The\Chair shall appoint a committee to draft repo~,~s. The committee may requesl from staff a,s needed. 2. When ' a draft report included in the agenda acket prior to the ~g at which it is 3. Draft re finalized 4. Draft re 5. Final Public before being shall be in executive session and full Board. shall be co sh be reviewed by legal counsel to the City Council. Final PCRB Public Rep~ 8-8-7 B.3 of the City shall be accompaniec approved it and be next Council shall be'distributed according to The copy sent to the City Council he minutes of the meeting which the City Clerk for inclusion in the He Once the Publi~ complaint for retentior is closed and is to designated parties, the aken to the City Clerk's Office Review of Pol Department Procedures and of the Iowa City Police As Laws, Guideli Coun Dep I on the City Code, 8-8-7 C(3), II of the PCRB By- using the PCRB Standard Operatif Procedures and the Board shall, from time to time to the City procedures and practices the Iowa City Police including recommended changes, i A Policy-review discussions shall be held at when possible. ular meetings, PCRB SOP 9/98 - 7 VI VII. B. When citizens have a concern about police procedures or pr, actices, but there is no allegation of individual officer nfi:sconduct, there may be an issue of policy. Any citizen or Board member may raise an issue at a PCRB meeting. C. The 'Board encourages signed written correspondence from citizer:is~ but will accept anonymous corresponden)~e concerning policies;,\procedures, and practices of the Iowa ity PoliCe DePartmeO"'t' ',, ,,,,,, ' Annual Report ""' :'. '.'.o;::,=;'=",': ~ / \ ., A. The annual report shall de information required by Chapter 8 of the City Code. / / General // / A. The la~ul ,~ustodian of the records and the central depositor~for all information is City Clerk's Office of the C~y of~wa City. / B. The/Chair is the official ~pokesperso for the PCBB. / C. ~hen legal counsel and/or staff are on PC~B , siness, they shall repo~ that informat ~ to the Chair and to each other. Contacts between a Board member and the ~olice Chief and/or ,, City Manager shall be in the form of written cOmmunication when possible. PCRB SOP 9~98 - 8 Requests for information from the Board to the Police Chief or City Manager shall be in writing. · 1 The PCRB administrative assistant shall pr,'vide to the Board a monthly "PCRB Office Contacts Report," stating the number of telephone calls and in-office contacts ich come directly to ihe PCRB office, the general substanc of such contacts, and their disposition. ~ ice Mail telephone messagest the PCRB office from'citizens sh II not be retained nor Will me ages be transcribed unless / The Bo d shall utffize its//o/yvn letterhead stattonery. ? ? PCRB SOP 9/98 - 9 [CITY ATTORNEY,,'S PROPOSED REVISIONS CI'I"Y~ OF IOWA CITY IOWA POLICE REVIEW BOAR! STANDARD OPI ~ATING PROCEDURI G DELINES AND ~/' 3/98] The PCRB was established to that claims of police misconduct ar is fair, thorough and assist the City Manager and the Council in performance of the Police review the Police To achieve these Chapter 8 of the/owe , Code, the Boards Police Citizens Revie z~oa~ Standard Operating Procedures '~~ ~es. into manner which Chief, the overall having it and the PCRB SOP 9/98 VI. VII. VIII. TABLE OF CONTENTS Complaint Process ', \ Formal Mediation Guid~,!ines and Procedures. '\ Meetings \ Page 1-2 2 3-5 Complaint Review Process ...~ Review of Policies, Procedures%nd Practices Police Department .... Iowa City 5-7 7-8 Annual Report 8 General .............................................................................................8-9 Appendix The City Code of Iowa City: Review Board ,.r 8, Police Citizens B. Iowa City Police Bo By-Laws C. City of Iowa City PolCitizens Procedures for Mediation Board Guidelines and D. Section 21 of Th of Iowa Official Open to Public (Open Is) / / Police CiHzens Review Board Complaint Form / / PCRB SOP-9/98 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 this by receiving, reviewing and reporting on citizen complaints in procedural rules in Chapter 8 of the City Code, following the Board By-Laws, Article VIII, and the Board's Standard Guidelines. "' \~ shall achieve with the Citizens Review Procedures and Complaints shall be filed in~,accordance with 8-8-3 and 8-8-7 A of the City Code of Iowa City. \, \ 1. All documents and materials fil with the Board shall not be returned. Complaints filed in the number consisting of the consecutive numbers, startin copy sent to Board members names and other identifvin.q inf shall be assigned a complaint digits of the present year with one (1) (e.g. 98-1). The complaint all have all references to police officer deleted. Procedure for complaints which a~ dismissal aftor sixty days subject to summary A complaint that appear involve the conduct dofic, iont shall be ass in the City Code. be an Iowa a number filed or a complaint that does not sworn police officer othorwiso the ordinary manner as provided A copy of the shall be furnis to the Police Chief or City Manager, with letter indicating ,.~ it appears to be an untimely complaint or ~ nt that does not inv lye the conduct of an Iowa City sworns/~ officer and will be review d by the Board at its next regular or meeting. A copy the apparont untimoly complaint sh II be provided to Board ; .- u~imely or to not involve the conduct of an Iowa City worn police officer and is subiect to summa~ dismissal. The complainan shall be invited to 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 wheth~ r the complaint will be · · · _ , ' °_, ~eting~. If Board dismisses the complaint as untim~ the staff shall fo~ard a co the decision to the Police Chief or Ci~ manager and also to the ~plainant. e copy going to the Chief or Manager shall state that the ~plaint has been dismissed a~ Jntimoly and that a report to the ~ by the Chief or City Ma er is not required by Chapter 8 of Code. The Board m~ request that an investigation be done. The co of the to the complainant shall include a cover ,r advising although the complaint has been dotormin, bo unti~ dismissed and will not be reviewed by the PCRB, a method for the complainant to file a complaint the Iowa City Police Department that is still available shoul complainant wish to pursue the matter. If the Board determ dismissed, it shall may continue their PCRB. the complaint is timoly and shall not be the Police Chief or City Manager so they and make their required report to the C. Amendments to acom must be form. The complainant m~ withdraw the issuance of its re to City Council.up rocoivos tho Po~ Chiof's or complaint may withdrawn with tho laint at any time Drior to the Board's sovon (7) days aftor tho Board ]or's roport. Aftor that timo, tho Board. Formal Mediation delines and Procedures Formal mediation the responsibility of the PCRB is offered as a method to facilitate a succe= resolution of the issues involved in complaint. The PCRB shall accomplish this by complying with 8-8-2 H. -8-4 and 8-8-7 of the City Code and the ;RB Guidelines and Procedures for Formal ediation, approved by the City Council March 10, 1998 and made a part hereof. Meetings / / comply with Article V of the PCRB By-LaWs and the PCRB Standai:d 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 B. Place of Posting Notices and Agendas. Do 1. ,,,...Follow requirements of Section 21.4, The Code of Iowa. 2~, The City of Iowa City provides the Bulletin Board in the lobby of the Civic Center; notice of a meetin will also be distributed in media '.,boxes located in the Civic Center. Cons t Calendar shall include: 1. inutes of the last meeting(s); 2. C respondence and/or directed to the PCRB (not co laint-related). Staff e be given directions based on Board d~sc s~on as to whether aff shall respond or whether Board members sLall r ispond, with co~~ shed to the Board. Time for open p blic d ~sL,.,.,.~ ~n shall be made available at all open meetings as provided by the RB ~s, Article V, Section 6. aT~ ~n" and "Staff Information" shall be made available at Decisions made in session shall be ratified in open session. Taped minutes of and approval of s shall be kept thirty (30) days from acceptance Taped the meeting. executive etings shall be kept for one year from the date of Legal CoL Board. for the PCRB attend all meetings of as diroctod by the I Participation Follow the requirements of meetinqs.". "Electronic meetinc electronic participation is necessa mombors of tho Board aro 21.8, The Code of Iowa for "electronic as defined in this section presumes for a quorumthat a majority of tho olootronically. Electronic participation in meetings. member may participate by electronic means when the member's is not necessary for a quorum, and said member shall have .11 riqhts as if Darticipatin.q in person.tho majority of tho Board in porson. Tho porson or porsons participating oloetronically aro tho quorum for tho mooting and may mako or socond motions and may Rofor to Soction 21.8, Tho Codo of Iowa. PCRB SOP-9/98 - 3 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. lowa Open Records Law 1. 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. ,, / · I ' legal counsel concerning whether a doc~ is public or she shall notify both the City A~ornev's Office to the of the request. All records :he Board sh~ in Chapter Code rooords shall bc thoy arc spocifics Codo of Iowa. be public except as specifically provided for in or !n the PCRB By-Laws. Only certain and only undor circumstancos in which to bo kopt cenfidontial by Chaptor 22, Tho Confidentiality of other documents See By-Laws VI laints, reports of investigations, statements and ~rds obtained in investigation of any complaint. 5. the See (b). ,s and tape recordings or closed sessions. 6. Confidenti of mediation See By-Laws VII.1 (d). 7. of information Iowa O t The Bo~~edemust follow all the requirements Officia tings Open to Public (Open Meetinc Confers of Interest and Ex Parte Contacts 1. / Conflicts of Interest. See By-Laws V.9. / / / Ex Parte Contacts. See By-Laws, V.8. by the Iowa Open Records Law or VII.1 (c). 21, The Code of Iowa, PCRB SOP-9~8-4 IV. Complaint Review Process The Board shall review all Police Chief's reports and City Manager's reports concerning complaints utilizing Sections 8-8-6, 8-8-7 and 8-8-8 of the City Code and the PCRB Standard Operating Procedures and Guidelines. Review of Police Chief's report or City Manager's report. Follow 8-8-7 B of the City ~de. Bw Select a level of review as outlined in 8-8-7 B. I (a)-(f) of the City Code. The Board shall notifv the Complainant and the Police Chief, or the Citv Mana.cler if the complaint is a.~ainst the Chief, of the selected level of review. The Chief shall notifv the officer of the selected level of revieW. / Request for a~n extension of time to file PC~B public report. Refer to 8-8-7 B.6 of the City Codc~ / / · sue a public r~ort critical of a The PCRB not police officer until after a ~s name-clearing has been h or waived bv the police officer. Refer to Section 8-8-7 City Code/~ Name-clearing proced;ure 1 .The Board shall solo, a prbposod date for the name clearing hearing; 2.Written notice is given the officer and the complainant of the date, time and place of the nd its purpose. The notice to the officer, if he or she is not idontifi,O~l i o Chiof's or City Managor's report, should be transmitted yia the 9f of Police. The notice to the officer should I / 3.The officer respond by ~ding a hearing, by waiving the hearing in writinl or by not ros to the notice. The complainant has no ind~ right to a and the complainant's wishes as to hol, the name clearing hoarin! not binding on the Board. If the officer has demanded a caring, the chair of the Board shall conduct a hearing as per 8 7 B.'I of the City Code. At a minimum, this would require th the officer and the complainant have a right to make a statement nd to present ovidonce and the testimony of other witnesses. It w Id also require some right to confrontation and oross-oxaminati n or opportunity to rebut opposing ovidonce. The Board may t reasonable rules about the time allowed to each side with th types of ovidonce it may receive as long as the rules are noutra The hearing goal is to give everyone a fair say in a or. (b) If the officer has waived the right to a name el~oaring hearing, the Board need not provide one in his or her absoaco. Nonotholoss, 8.-8 7 B.5 of the statute states that the Board may hold a hearing about a complaint if the offiGor has waived the name clearing PCRB SOP-9/98 - 5 hoaring, but tho complainant or tho dopartmont wishos to presont ovidonoo. Howovor, tho Board nood not provido a hoaring in such (c) In tho ovont tho offioor doos not roply oonoorning his or hor right to a narno-oloaring 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. namo-cloaring hoaring is a closod hostring undor Iowa Codo Soction 22.7(5) or 21.5(i). Tho officor involybd, tho complainant, and any 'itnossos may attond. The subjoct is still tho Chief's roport and Board's ponding invostigation An officor's roquost for a namo- hoaring would ongago ~n 21.5(i). 5.Aftor tho Board Board hoaring, mado as a If the Board determines that the of the conduct of a sworn police offic~ issuance of the Board's report to Counci sossion in which namo oloaring hoaring is hold and tho its dooision tho contonts of its public roport, tho Jld roturn to opo~ At any timo aftor tho namo-cloaring Board may its roport, including any changos ;ult of tho ~g hoaring. ,dinqs contained in its proposed report will be critical offer the officer a name-clearing hearinq prior to the 2. The Board shall select a proposed d~ name-clearinq hearinq. 3. Written notice of the date, time al hearing shall be .qiven to the officer no less than ten workinq days prio the date set earinq. The notice to the officer should be transmitted via the Chief of The notice to the shall provide a written response form for the officer to demand the name-clearinq hea ~. Said written response form shall also allow the police officer to state )r she requests an en or closed session. · r i2Z,,sb~e~%7~..n waiver of the name-clearinq h ring prior to the date set for hearinq, sesslor pursuant to mohon specifically ~de~hfy~n~ Secbo (a) of'the Iowa Code as th, basis for closure. If the officer does not request a closed session the ses~on shall be open where closure is appropriate pursuant to Section 21.5(1 PCRB SOP-9/98 - 6 7. At the hearinq the Board shall advise the officer of the Board's proposed ~riticism(s) and evidence / supportinq the same. The officer shall be given the opportunity to be h,~/ard and to present additional evidence, includinq the testimony of witnesses. 8. if, subsequent to a ame-clearing hearinq or waiver of a name-cl arinq hearinq by the officer, the Board chan.qes its le I of review, it shall issue a new written n ice pursuant to subparaqraph B. hereof. If, followinq sai chanqe, the proposed report is criti I of the sworn officer's conduct, the Board shall offer another ame-clearinq hearing to the off' er pursuant to the name-clearinq hearing procedures her.in. 9. The complainant shall not rec 'vea notice of, or h e the riqht to participate in, a name-clearinq hearin.q. F. Report Writing - Fol w 8-8-7 of the City Code 1. The Chair sh I point a committee to prepare draft reports. The f as needed. 2. When to the meetin, report shall be included in the agenda packet prior ch it is discussed. Draft repo~ shall be liscussed in executive session and finalized by the full Board. 4. Draft shall be 5. Fin~ Reports she ,e reviewed by legal counsel to the PCRB ~ being submitted to th, Council. Final PC Code. the m~ next Public Reports shall be le copy sent to the City which approved it and be agenda packet. ributed according to 8-8-7 B.3 of the City be accompanied by the minutes of to the City Clerk for inclusion in the On the Public Report is sent to desi~ ar is taken to the City Clerk's Office for ~arties, the complaint file is closed ion. Revi, Policies, Procedures and Practices of City Police Department As in the City Code, 8-8-7 C(3), and Article 11 of the Standard Operating Procedures and Guidelines. tim~ report to the City Council on policies, procedures Pol Department, including recommended changes, if PCRB By-Laws, and using ~e Board shall, from time to ~ractices of the Iowa City ate. Policy-review discussions shall be held at regular meetinc when possible. 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 VI. C. 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 / The PCRB shall officers and shall Council sufficient Department. 8-8-2 M Laws, and the PCRB a central registry of all form. complaints against sworn police an annual report to the Council which will give the City ~ation to assess the overall erformance of the Iowa City Police 8-8-7 C.2 of the City Article VIII.5 of the PCRB By- lard Operating 'es and Guidelines A. The annual report Code. include required by Chapter 8 of the City B. The PCRB's annual re Ordinance. may a include recommendations to amend the VII. General The lawful custodian of the information is the City Clerk RB records and the central depository for all of the City of Iowa City. B. The Chair is the official for the PCRB. When legal counsel ar report that information staff Chair on PCRB business, they shall each other. Contacts between shall be in the form member written Police Chief and/or City Manager when possible. Requests for shall be in writin~ from the Board the Police Chief or City Manager H= eleanor%pcrbgde.doc The PCRB ad~ assistant shall to the Board a monthly "PCRB Office Report," stating the number telephone calls and in-office contacts whi come directly to the PCRB office, e general substance of such contacts, their disposition. Voice Maii' telephone messages to the PCRB office from citizens shall not be retained ;.;nor will messages be transcribed unles there are extenuating · ' - - asis determine~~egal counsel for the The Board shall utilize its own letterhead stationery. PCRBSOP-9~8-8 Prepared by Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 99-18 RESOLUTION ADOPTING A SALES TAX POLICY WHEREAS, Section 422B.1. of the Iowa Code provides for the imposition of certain local option taxes, including a local sales tax and services tax; and WHEREAS, on November 17, 1998, the City Council of Iowa City adopted Resolution 98-372 requesting a special election on March 30, 1999 on the imposition of a local sales tax and services tax; and WHEREAS, as required by law, the ballot proposition establishes the purposes for which the sales tax revenue may be expended; and WHEREAS, the City Council of Iowa City wishes to reflect the position of the 1998-1999 City Council and formally adopt a statement of policy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the attached Sales Tax Policy be adopted. Passed and approved this 12th day of Januar.y ,1999. roved City Attomey's Office It was moved by Thornberry 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 wpdata\derk\res\policy.doc Sales Tax Policy As required by law, the ballot proposition establishes the purposes for which the sales tax revenue may be expended. The following statement reflects the position of the 1998-99 City Council and is a statement of policy only. This Council and future Councils may choose to amend this policy statement as long as the changes in policy and resulting expenditures are allowable under the language of the ballot proposition. 1 .) 25% of the sales tax revenue will go into the City's water fund operating budget. The purpose of this new revenue will be to stabilize water rates with the goal of maintaining water rates at their December 1998 level for a period of no less than eight years. 2.) 40% of the sales tax revenue will be used for the purpose of financing capital improvement projects on a pay-as-you-go or debt service "borrowing" payment, to be determined by the City Council. The initial capital improvement projects to be financed from the sales tax will be the renovation and expansion of the existing Public Library and construction of a Community Events Center. The Library and Community Events Center are planned for construction on what is known as the last downtown urban renewal parcel. It is now a parking lot immediately south of the Public Library. The estimated cost of the Library/Center project is $22.5 million in 1997 dollars. Other capital projects are planned as part of the ongoing City capital improvement plan, and projects to be financed with the sales tax including collaborative projects with other area local jurisdictions will be identified. 3.) 10% of the sales tax revenue will be used for operations and maintenance cost for the Library and Community Events Center. The Library and Community Events Center will need additional full-time personnel. Furnishings, computer, audio-visual aide materials, etc. and other capital replacement reserves may also be financed by the sales tax. These current costs, if financed by sales tax revenue, would relieve the general fund of this current property tax obligation. An operating subsidy will be required for the Community Events Center. This subsidy is intended to provide funding to help offset any shortfall in revenues over the operating budget expenditures for the Center. Upon payment of the expenses for operating the Library and for the operational subsidy of the Event Center, any additional monies generated by the 10% sales tax contribution can be directed toward financing of community activities and events such as local festivals. 4.) 10% of the sales tax revenue will be directed to support public transit and paratransit. The current Transit budget includes the operational and capital costs for a fixed-route system and paratransit services. The sales tax revenue will be used to provide for enhanced service, such as additional and/or modified fixed routes. Funds will also be used for reduction in direct fares, passes, and other discounted services. Funds may reduce the General Fund contribution to the Transit Fund. 5.) 10% of the sales tax revenue will be used to finance police officers, firefighters and/or other public safety personnel, as well as capital projects for public safety purposes. These capital projects could include new fire stations, new police or fire training facilities, and other capital projects directly related to public safety. The number of new personnel and/or capital projects will be determined by the City Council during its annual budget review. Community policing has been considered a priority. 6.) 5% of the sales tax revenue will be directed to assist in the finance of area human services. The 5% of the sales tax revenue will maintain current funding of area human services and provide additional funding for those services. January 13, 1999 mgr\salestx5.doc Sales Tax Policy As required revenue may Council and is amend this allowable under law, the ballot proposition establishes the purposes for which the tax expended. The following statement reflects the position of the 1 City statement of policy only. This Council and future Councils choose to statement as long as the changes in policy and resulting are language of the ballot proposition. 1 .) 25% of the purpose of this water rates at their tax revenue will go into the City's water fund revenue will be to stabilize water rates with ember 1998 level for a period of no less th~ budget. The goal of maintaining eight years. 2.) 40% of the sales tax projects on a pa City Council. The initial ca be the renovation and ex Community Events Center. will be used for the purpose of capital improvement c~r debt service "borrowing" ent, to be determined by the improvement projects to be from the sales tax will 3n of the existing Publi Library and construction of a The Library and Community ;enter are plann as the last downtown urban renewal rcel. It is Public Library. The estimated cost of le dollars. for construction on what is known parking lot immediately south of the project is $22.5 million in 1997 Other capital projects are planned as part projects to be financed with the sales tax local jurisdictions will be identified. City capital improvement plan, and collaborative projects with other area 3.) 10% of the sales tax revenue will be for Library and Community Events Center Library additional full-time personnel. erations and maintenance cost for the Community Events Center will need Furnishings, computer, audioovi aide materials, reserves may also be finance~ the sales tax. These tax revenue, would relieve the eneral fund of this current and other capital replacement rrent costs, if financed by sales perty tax obligation. An operating subsidy wil required for the Community intended to provide fu~ to help offset any shortfall in budget expenditures the Center. Upon payment of the operating the for the operational subsidy of the monies g the 10% sales tax contribution to the o these facilities be directed toward creation of reserves for o related expen,, as well as assist in the financing of community as local festk nts Center. This subsidy is enues over the operating as identified for Center, any additional ion of maintenance at ns, depreciation, and and events such 4.) 10% of sales tax revenue will be directed to support public transit and The current budget includes the operational and capital costs for a system and p services. The sales tax revenue will be used to provide enhanced servi, such as additional and/or modified fixed routes. Funds will also used for in direct fares, passes, and other discounted services. Funds may the Fund contribution to the Transit Fund. 5. of the sales tax revenue will be used to finance police officers, firefighters and/or other public safety personnel, as well as capital projects for public safety purposes. These capital projects could include new fire stations, new police or fire training facilities, and projects directly related to public safety. The number of new personnel projects will be determined by the City Council during its annual budget policing has been considered a priority. capital capital Community 6.) sales tax revenue will be directed to assist in the finance o human services. The provide the sales tax revenue will maintain current funding itional funding for those services. human services and December 15, 1998 mgr~saleslx5.doc