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HomeMy WebLinkAbout2001-06-26 Ordinance Prepared by: Robed Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 ORDINANCE NO. 01-3969 ORDINANCE AMENDING THE ZONING CHAPTER BY DESIGNATING 307 E. COLLEGE STREET (OLD CARNEGIE PUBLIC LIBRARY) AT THE SOUTHWEST CORNER OF COLLEGE & LINN STREETS AS AN IOWA CITY HISTORIC LANDMARK. WHEREAS, the Iowa City Historic Preservation Commission has nominated 307 E. College Street (Old Carnegie Public Library) for designation as an Iowa City Historic Landmark; and WHEREAS, this property has been determined to be historically and architecturally significant; and WHEREAS, Iowa City's Historic Preservation Plan encourages the identification and designation of individually significant buildings as Iowa City Historic Landmarks to preserve these resources impodant to Iowa City's past; and WHEREAS, it is in the public interest to preserve historically and/or architecturally significant properties; and WHEREAS, the Planning and Zoning Commission and the State Historical Society of Iowa have reviewed said nomination and have recommended approval of the proposed designation. NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. The following described property is hereby rezoned to OHP, Historic Preservation Overlay Zone, and designated as an Iowa City Historic Landmark, pursuant to Title 14, Chapter 6, "Zoning," Article J, "Overlay Zones," and Section 3, "Historic Preservation Overlay Zone": Lots 3 & 4 of Block 63 of the Original Town Plat except the east 25 feet of Lot 3. SECTION II. ZONING MAP. The Building Official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this Ordinance as provided by law. SECTION Ill. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance for recordation in the Office of the Recorder, Johnson County, Iowa, upon passage and approval of this ordinance. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. P and.~7~~e ,20 0:].. Ordinance No. 01-3969 Page 2 It was moved by Wi 1 burn and seconded by 0' Donne 11 that the Ordinance as mad be adopted, and upon roll cell there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X . Pfab X Vanderhoef X Wilburn First Consideration 6/25/01 Vote for passage:AYES: Champi on, Kanner, Lehman, 0 ' Donne] ], Pfab, Vanderhoef, Wi]burn. NAYS: None. ABSENT: None. Second Consideration ................. Vote for passage: Date published 7/5/01 Moved by Wilburn, seconded by O'Donnell, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn, Champion. NAYS: Kanner. ABSENT: None. Prepared by: Bob Miklo, Senior Planner. 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 ORDINANCE NO. 01-3970 AN ORDINANCE VACATING THE RIGHT-OF-WAY OF THE PORTION OF HEMINGWAY LANE LOCATED WEST OF RUSSELL DRIVE. WHEREAS, the Southpointe Addition included the dedication of Hemingway Lane west of Russell Drive to the City of Iowa City; and WHEREAS, this portion of Hemingway Lane was never built or accepted by the City; and WHEREAS, the Southpointe Addition Subdivision has been redesigned to provide for better drainage; and WHEREAS, this redesign eliminates the necessity for Hemingway Lane west of Russell Drive; and WHEREAS, the Department of Planning and Community Development and the Department of Public Works and the Planning and Zoning Commission have recommended the vacation of the portion of Hemingway Lane located west of Russell Drive. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The portion of Hemingway Lane located west of Russell Drive is hereby vacated. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adiudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. CI~LERK Ordinance No. 01-3970 Page 2 It was moved by V~n~fprhnpf and seconded by 0' Donne] ] that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman '~ O'Donnell × Pfab X Vanderhoef X . Wilbum First Consideration 6/12/01 Voteforpassage: AYES: Vanderhoef, ~/i]burn, Champion, Kanner, Lehman, O'Donne]], Pfab. NAYS: None. ABSENT: None. Second Consideration ....................... Vote for passage: Date published 7/5/01 Noved b~, Vanderhoef, seconded by Champion, that the rule requi~ing ordinances to be considered and voted on for passage at two Council meetings p~ior to the meeting at. which it is to be fina]]~v passed be suspended, the second consideration and vote be ~vaived and the o~dinanced be voted upon for final passage at this time. AYES: Vanderhoer, t41]burn, Champion, Lehman, O'Donnel], Pfab. NAYS: Kanner. ABSENT: None. Prepared by: Robert Miklo, Senior Planner. 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 ORDINANCE NO. 01-3971 ORDINANCE AMENDING THE ZONING CHAPTER BY CHANGING THE ZONING DESIGNATION FOR APPROXIMATELY :)5.15 ACRES LOCATED AT THE NORTH TERMINUS OF KENNEDY PARKVVAY BY APPROVING AN AMENDED SENSITIVE AREAS OVERLAY DEVELOPMENT (OSA-'I) PLAN FOR PARTS 8, 9 AND 10 OF WALNUT RIDGE, IOWA CITY, IOWA. WHEREAS, the applicant, Southgate Development Co. on behalf of properly owners Dorothy J. Kisner & John W. and Barbara Kennedy, have requested that the City rezone approximately 35.15 acres of property located at the north terminus of Kennedy Parkway by approving an amended Sensitive Areas Overlay Development (OSA) for Parts 8, 9 and 10 of Walnut Ridge, Iowa City, Iowa; and WHEREAS, the property contains protected slopes and woodlands that will be protected by a conservation easement; and WHEREAS, the amended Sensitive Areas Overlay Development Plan will allow the reduction of the tree protection area; and WHEREAS, replacement trees will be planted as approved by the City Forester; and WHEREAS, the Planning & Zoning Commission has determined that site conditions warrant the reduction of the tree protection area; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed amended Sensitive Areas Overlay Development (OSA) plan and recommend approval; and WHEREAS, it is the intent of the Council that the property remain subject to the terms and conditions of the Conditional Zoning Agreement approved on January 8, 1991 by Ordinance 91-3485, and recorded in Book 1197, Page 107 of the Johnson County Recorder's Office. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION t. APPROVAL. The following property located in the Planned Development Housing Overlay Zone (PDH-1), is hereby rezoned subject to the terms and conditions of the Conditional Zoning Agreement previously approved on January 8, 1991 by Ordinance 91-3485, and recorded in Book 1197, Page 107 of the Johnson County Recorder's Office, and subject to the approved amended Sensitive Areas Development (OSA-1) plan: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST FRACTIONAL QUARTER, OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN; THENCE N00°23'09"E, ALONG THE WEST LINE OF THE EAST ONE-HALF OF THE WEST FRACTIONAL ONE-HALF OF SAID SECTION 7, 3739.50 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUING N00°23'09"E, 1563.91 FEET, THENCE N88°30'17"E, 1320.00 FEET; THENCE S00°22'54"W, 700.05 FEET; THENCE N89°37'06"W, 413.91 FEET; THENCE S61°25'42"W, 121.63 FEET; THENCE S08°07'31"W, 532.82 FEET; THENCE S49°30'58"W, 76.17 FEET; THENCE S40°29'20"E, 146.81 FEET; THENCE S51°37'54"W, 139.25 FEET; THENCE N75°16'41"W, 157.08 FEET; THENCE S79°18'37"W, 282.49 FEET; THENCE S66°13'54"W, 139.05 FEET; THENCE N89°36'51"W, 100.83 FEET, TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 35.15 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II. VARIATIONS. The following variations from the requirements of the RR-1 zone have been approved as part of this amended Sensitive Areas development plan: A. Reduction of the right-of-way width of Kennedy Parkway, a collector street, from 66 feet to a minimum of 60 feet. B. Modification of the City's street standards and specifications for collector streets to permit a pavement width of 28 feet, back of curb to back of curb, for the undivided portions of Kennedy Parkway. Where the two lanes of this street are separated by vegetative islands, each of the divided lanes shall be a minimum of 22 feet, back of curb to back of curb. C. Reduction of the pavement width for all other streets from 28 feet to 25 feet, back of curb to back of curb. Ordinance No. 01-3971 Page 2 D. Reduction of the pavement width for all cuPde-sac loops to a minimum of 22 feet, back of curb to back of curb. E. No provision for public sidewalks adjacent to streets within the subdivision, except Kennedy Parkway. F. Kennedy Parkway shall have a four-foot wide sidewalk, constructed by the developer, on only one side of the proposed right-of-way. This walk shall be continuous from a point on Melrose Avenue to the point where Kennedy Parkway intersects the west boundary of the subdivision. SECTION Ill. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this Ordinance as provided by law. SECTION IV. CERTIFICATION AND RECORDING. After passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this Ordinance for recordation in the Office of the County Recorder of Johnson County, Iowa, at the Applicant's expense, all as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional. such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invafid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. d this 26th. day of ,June ,2001. MAYOR A'I'FEST:"Y~ ~ ~ ~/~.4.,,b-) CITY CLE~K ' City Attor e , - Ordinance No. 01-3971 Page 3 It was moved by Vanderhoef and seconded by 0' Donne] ] that the Ordinance as read be adopted, and upon roll cell there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum First Consideration 5 / 15 / 01 Voteforpassage: AYES: Vanderhoef, W"i'lburn, Champion, Lehman, 0'Donne]]. NAYS: Pfab, Kanner. ABSENT: None. Second Consideration 6/12/01 Voteforpassage: AyES:Lehman, O~Donne]], Vanderhoef, W]]burn, Champion. NAYS: Kanner, Pfab. ABSENT: None. Date published 7/5/01 City of Iowa City MEMORANDUM Date: June 26, 2001 To: City Council From: Sarah E. Holecek, First Assistant City Attorns~2- '~ Re: Amendments to PCRB ordinance resulting from City Council work session of Monday, June 25, 2001 As a result of your discussions last evening, I have amended the version of the Police Citizens Review Board ordinance previously amended by Eleanor Dilkes, City Attorney. This newly revised version is also redlined for your reading convenience (reflecting new changes), and elongated lines in the right margin indicate the new changes. The changes involve allowing the PCRB to review police practices, procedures and policies both generally (and without request of Council, the City Manager and/or the Chief) and in the context of commenting on a specific complaint. Additionally, Council directed that the ordinance be amended such that the Board may request that the Council hold general informational public meetings rather than the Board. The changes made to this version are as follows: a. Page 1: The explanatory text preceding the actual ordinance changes was amended to reflect the above; b. Page 3: Section 8-8-2(0) was amended to remove the requirement that the Board have authority to review police practices, procedures and polices only on the request of the City council, City Manager or Police Chief--(this essentially puts the ordinance back to "status quo" ); c. Page 6: Section 8-8-7(B)(2) was amended to allow the Board to comment on police practices, policies or procedures in the context of a specific case, even if the Board agrees with the Chief's findings; and d. Page 7: Section 8-8-7(C)(2) and (3) were amended to allow the Board to review and recommend changes in police practices, policies or procedures without being requested to do so by the City Council, City Manager or Chief City of Iowa City MEMORANDUM DATE: June 20, 2001 / TO: City Council FROM: Eleanor M. Dilkes, City Attorney RE: Amendments to Police Citizens Review Board Ordinance On your agenda is an ordinance making amendments to the Police Citizens Review Board Ordinance (Title 8, Chapter 8 of the City Code) in accordance with the Council's direction at the June 11, 2001 work session. Due to time and for purposes of easy tracking of the changes, I am providing you with a redlined version of Title 8, Chapter 8 of the City Code as opposed to putting the amending ordinance in final ordinance form. All changes that I have made to the ordinance are for the purpose of effectuating the changes the majority of Council indicated it wished to make at the June 11 work session. My understanding of those changes is as follows: 1. Revisions to distinguish between complaints filed with the Police Citizens Review Board and those filed with the Iowa City Police Department to clarify that the Board shall process only those complaints flied with the Board, but will receive reports from the Police Chief briefly describing the nature of the allegations made in formal written complaints filed with the Police Department and the disposition of the same to enable the Board to track, monitor, and report to the City Council on all formal written complaints filed with either the Board or the Police Department. These revisions are intended to bring the language of the ordinance into conformance with existing practice. 2. Amendments to provide that the Board shall review police practices, procedures and written policies only at the direction of the City Council, City Manager, or Police Chief. The sections of the ordinance dealing with review of police practices, procedures and written policies are Sections 8-8-2(N) and 8-8-7(C) and have been revised. The Council stated that Section 8-8-8(B)(7) regarding the holding of informational hearings should not be changed. As I indicated at your work session, providing that the Board will review policy and procedure only at Amendmentsto PCRB Ordinance June 20, 2001 Page 2 the direction of the City Council, City Manager, or Police Chief potentially conflicts with the provision allowing the Board to hold informational hearings on such practices, procedures or written policies and to report the results to the City Council. The only way to interpret these two provisions consistently would be that the Board may hold informational hearings on practices, procedures and policies and report the results of those hearings to the City Council, but will not initiate its own review of such practices, procedures and policies without direction from the City Council, City Manager, or Police Chief. 3. Maintain the reasonable basis standard of review applicable to the Board's review of the Police Chief's or City Manager's report, but allow the Board to comment if it has concerns notwithstanding its affirmance of the decision of the Police Chief or City Manager with respect to the allegations of misconduct. 4. FinaIly, Council directed that Section 8-8-10, which includes a sunset clause sunsetting the ordinance on August 1, 2001, be deleted and replaced with a provision requiring Council to review the effectiveness of the Board every two years. Please note that in accordance with 8-8-10 of the existing ordinance, the PCRB ordinance will automatically be repealed on August 1, 2001, unless reenacted by the City Council prior to that time. Thus, the ordinance as it exists will sunset if an ordinance deleting the August 1, 2001 sunset is not published on or before August 1, 2001. The City Clerk informs me that in order to get any reenactment or ordinance revisions to the paper for publication by August 1, 2001, the paper must receive the ordinance for publication on or before July 26. Finally, please remember that any ordinance revisions require three readings or, with the concurrence of five members of the Council, two readings. Any substantive changes to the ordinance will require that we begin the process anew. Amendmentsto PCRB O~inance June 20, 2001 Page 3 Due to lack of time, it has not been possible to review the ordinance revisions with City staff or with the attorney for the PCRB prior to presentation to Council. They will receive a copy of this memo and proposed revisions. Please call me or Sarah Holecek if you have any questions or comments. cc: City Manager Assistant City Manager City Clerk Police Chief Winkelhake Sarah Holecek, First Assistant City Attorney Catherine Pugh, Attorney for PCRB eleanor/rnern/pcrbord.doc City of Iowa City MEMORANDUM DATE: June 19, 2001 TO: Mayor and City Council ~ FROM: Marian Karr, City Clerk ~\~ RE: PCRB The PCRB was established by ordinance in 1997. In order to provide staff support to the PCRB, one permanent part-time position of 20 hours a week was created. At the Council's work session of June 11, minor revisions were proposed to the ordinance, and a revised ordinance is being prepared. Our reading of the Council's proposed revisions would be that the workload will not be substantially reduced; however, the staff position was eliminated and the office in the Senior Center closed. PCRB Assistant Sandy Bauer has accepted another position in the City. Because the proposed revisions will not decrease the workload I have concerns regarding my office absorbing the demands of the PCRB, such as research, conducting forums, etc., and citizen inquiries and complaint processing as well as any other duty that the City Council might choose to assign to the PCRB. Prior to your adoption of the revised ordinance, I wanted you to be aware of my concerns and. the need, as you proceed, to provide some additional staff support to my office. At the request of the Mayor the item has been scheduled for discussion at your work session on the 25th, and first consideration on the 26th. cleddmem/pcrbdoc Ordinance amending Title 8, Chapter 8 of the City Code entitled "Police Citizens Review Board" to distinguish, in accordance with actual practice, between complaints made to the Board and complaints made to the Iowa City Police Department, to allow the Board to review police practices, procedures, and written policies only at the request of the City Council, City Manager, or Police Chief and to allow the Board to comment On aspects of Title 8, Chapter 8, entitled "Police Citizens Review Board" shall be ame~ed as follows: be made in ordinance form before second reading) /.~ / / / / CHAPTER 8 POLICE CITIZENS REVIEW BOARD /' / / 8-8 A POLICE CITIZENS REVIEW BOARD: / As permitted under ~me rule authority, the City hereby c a Police Citizens Review Board, to be to as the "Board", subject to duties and limited powers set forth herein. (C 7-15-1997) 8-8-2: INTENT, G IUIDING PRINCIPLES: A. Investigations into claims ~nappropriate conduct by = police officers will be conducted in a manner which is fair, and accurate. B. An annual reporting system complair against sworn police officers will be established to give the City Council assess the overall performance of the Iowa City Police C. Citizens may make a formal either the Board or the Iowa City Police Department. In accordance with ~ter the Board shall process only those complaints filed with the Board but will reports from the Police Chief briefly describing the nature c formal written complaints filed with the police department and the disposition of e. D. The Board will: 1. Oversee a monitoring for tracking eceipt of formal complaints lodged against sworn police with either t~Board or the Iowa City Police Department; 2. Provide oversight of I: :e investigations through re~'ew of such investigations; (Ord. 97-3792, 3. Provide the for a hearing to the police officer if the Board's findings on ,he comp,a,ntr evidence; 98-3865, 12-15-1998) '\ 4. Issue a public report to the City Council on each complain~kto the Board re-the City ( ;il which sets forth factual findings and a written conclu~on which explains the extent to which the complaint is either "sustained" or "not sustained". DE. The shall have no authority over police disciplinary matters because only the Police ]er may impose discipline under Iowa law. Legal\eleanor\ord\pcrbupd.doc 1 EF. No findings in the Board's report shall be used in any other legal proceeding. F-G. The Board shall only review the conduct of sworn police officers and shall only act in a civil, not criminal, capacity. The Board is not intended to be a court of law, a tort claim process or other litigation process. No action of the Board shall be deemed to diminish or limit the right of an to file a claim or a lawsuit against the City. GH. A ~laint to the Board may be filed by any person with per onal knowledge of an incident. ona knowledge" means the complainant was directly inv Ived in the incident or witnessed ; ' cident. If the person with personal knowledge is under ge or otherwise unable to complete a oreplaint form, the complaint may be filed by s h persoWs designated regardless of person ~knowledge. HI. In order to assu 'e at people feel confident in the compl ' t process, nonpolice City staff shall be available at a ~lic location other than the Police D partment to receive complaints, e U. The Board shall not t I rights of sworn police officers, including those rights d i t Service Commission, and State and Federal law. Similarly, the shall respect/the rights of privacy and freedom from defamation shared by comic and witnesse~' as well as those same rights enjoyed by police officers under the law. ,JK. The City Council finds that within the Police Department is a valid legislative purpose, and one method such internal accountability is to have the police do their own investigations into cla of ~napprepriate police conduct. If a complaint is asserted against the Police Chief, the City investigate the claim and report to the Board and the City Council. I~L. Investigation of all formal complain a mandatory duty of the Police Chief, and a repod of each complaint ation be given to the Board. Such reports to the Board shall include the factual findi of the ~lice Chief as well as a written conclusion explaining why and the extent to a corn is either "sustained" or "not sustained". However, such reports shall pline personnel matters. If the Police Chief and the City Manager find the officer's misconduct and discipline is imposed by the Police Chief Manager, the affairs investigation may become a public record to be City Attorney to 9nt provided by law. I=M. In order to assure accountability of the ~ns of the Police Department, the Po//ce Chief shall Board with a f of all formal complaints invoctigations shall be by the Bo3rd 3nd the City Council filed directly with the which report shall state the ; and location of the incident and a brief ion of the nature of the allegation the disposition of the complaint. MN. External ' will further be provided by the maintenance of a central registry of all complaints. In addition to the central registry, Board shall provide an annual repor City Council, which report shall be public and all set forth the general types and of complaints, how they were resolved, demo 9hic information, and recomme~ as to how the Police Department may improve its community relations or be community needs. Legal\eleanor\ord\pcrbupd .doc 2 NO. At the request of the City Council, City Manager or Police Chief t:Fhe Board shall h=vc ovorcight authority to review police practices, procedures, and written policies as those practices and procedures relate to the Police Department's performance as a whole, and shall if any, to the City Council, City Manager and Police Chief City Council, including any recommended changco. (Ord. 97-3792, 7-15-1997). DEFINITION OF COMPLAINT; COMPLAINT PROCESS IN GENERAL: A. 31aint to the Board' or "PCRB Complaint" is an allegation of misconduc sworn police officer ("police officer" or "officer") employed by the Iowa Police De where the complained-of activity occurred while the officer was ac in the ca sworn police officer. B. Any with personal knowledge of the alleged police misconduct m file a PCRB complaint with Board or with the Iowa City Police Departmont. In order "personal knowledge", the ~lainant must have been directly involved in the incider Dr witnessed the incident. If the with personal knowledge is underage or otherwise u to complete a PCRB corn >laint the PCRB complaint may be filed by such !rson's designated represe the Police Chief, the City CounCil or tl Board itself may file a PCRB complaint ~n a reasonable belief that police misconduct occurred regardless of personal knowledge. person or official filing the PCRB ,laint may hereafter be referred to as the "corn C. All complaints ~!ed w!th to Board or tho Iowa City Police I shall be in writing and on forms provided by the Complaint forms shall be to the public in easily accessible locations, and staff shall be available receive the complaint forms. Assistance may be available to the form as desigl by the Board. (Ord. 97-3792, 7-15-1997) D. All complaints to the Board must the ' Clerk eithor tho Board or the Iowa City Police Depadment within ninety ; of the al 9d misconduct. E. Only those complaints to the Board which involve the conduct of an Iowa City sworn police officer or are not filed within ninety (90) ,f the alleged misconduct may be subject to summary dismissal by the Board. (Ord. 99-3877 :0-1999). 8-8-4: FORMAL MEDIATION: A. Formal mediation shall be the of Board, and shall be available to the complainant(s) and police officer(s) at al stage >rocess upon consent of all involved parties and as provided by the Board. the filing PCRB complaint, all complainants shall be informed that formal is available. A 3lainant may also meet informally with the police officer and the watch the poll officer if the complainant wishes to do so. B. If a PCRB complaint is , mediated, mediation agreement shall be set forth in writing, and shall to the by law; but the status of settlement shall be maintaine in the Board's central in the Board's annual report. There shall be no ~gainst police not to mediate. (Ord. 97- 3792, 7-15-1997). 8-8-5: POLICE AND POLICE CHIEF ~RY DUTIES; CITY )RY DUTIES: A. Complaints: Th~ Department shall forward copies of all PCRB mplaints received to the Board. If the >laint concerns the Police Chief, a copy of the shall also be forwarded to er. B. Investic It shall be the mandatory duty of the Police Chief to do the following: 3 1. rior to investigation of any PCRB complaint, the Police Chief shall first give Garrity nd Gardner advice to all police officers implicated in the complaint, as required by c ns~l law. This means the officer cannot be required to waive the officer's co stitutional right against self-incrimination. However, the officer may be required to ans er questions during the investigation as a condition of the officar's e ployment, but a y admissions made by the officer cannot be used against the ~cer in a crimin proceeding. ~ 2. Notify the omplainant and the police officer who is the subjecl f the complaint that formal med~ tion is available at any time during the Police Dep~ 'ne t's investigation and the Boar's review. The Police Chief may also notify the } plainant that the r' 3. Assign the PCRB c plaint to designated investigators within , Police Depadment for investigation into t e factual allegations of the complaint. 4. The complainant shall b interviewed by the Police Deparl ~nd shall be entitled or some other person c by the complainant present during the The police officer is to have a union steward present during any 5. Investigators will prepare and ~rward a report of investigation to the Police Chief, and shall make detailed rings of fact as to allegations in the complaint, and shall also set forth a fiains why and the extent to which the coml: 9d" or "not su C. Legal Advice: If litigation, including lating to the matter of the PCRB complaint is commenced or is being y party to the complaint, the Police Department, the Police Chief and/or the Boa II consult with the City Attorney and/or the Board's own attorney on a case-by-case to determine whether and how the investigation of the PCRB complaint should proceed. D. Complaints Against Police Chief: If a PCRB concerning the Police Chief's conduct, the City Manager shall investigate be completed. E. Disciplinary Action: Nothing in this Cha shall the Police Chief or the City Manager from taking disciplinary Board's of the PCRB complaint. (Ord. 97-3792, 7-15-1997) 8-8-6: POLICE CHIEF'S REPORT TO BOARD; CITY IANAGER'S REPORT TO THE BOARD: A. The Police Chief shall receive th~ Jesignated investic report within the time frame indicated by the Police Chief. The Chief shall review of the investigators' report, and may do any or all following: conduct dews or request the police investigators to conduct investigations; request information, or that additional questions be asked or direct that or witnesses be interviewed; request that be reviewed retrieved; and any other to finalizing the Police report t report to the Board, which shall inclul following: 1. Detailed ~gs of fact concerning the allegations in the PCRB complaint; Legal\eleanor\ord\pcrbupd.doc 4 2. A written conclusion which explains why and the extent to which the PCRB complaint is either "sustained" or "not sustained"; and Recommended remedial actions, if any, including amending current policies or adopting new policies. C. The Chief's report to the Board shall not include discipline or personnel matters. D. A copy ~e Police Chief's report to the Board shall be given I the police officer, the complainant, Lhe City Manager. If the PCRB complaint concerns Police Chief, copies of the report to the Board shall be given to the Police the complainant, and the City Council.97-3792, 7-15-1997) E. The Police the Board shall be completed ninety (90) calendar days after the PCRB is filed. The Board may grant extensic ~s from this deadline for good cause shown. 4-20-1999) F All investigations shall performed in a manner ned to produce a minimum of inconvenience and ent to all parties-including complainant, the police officer, and other witnesses. G. If a PCRB complaint is filed serning the Police the City Manager's report shall include the same findings as the Police Chief's report to the Board. (Ord. 97-3792, 7-15-1997) 8-8-7: DUTIES OF THE BOARD; AND GENERAL DUTIES: A. Complaints: The Board shall forward PCRB complaints received to the Police Chief for investigation; or where the PCRB nt concerns the Police Chief, forward a copy of the PCRB complaint to the City Manager for B. Review Of Police Chie~s Report Or City M~ r's Report: 1. The Board shall review all Po reports and City Manager's reports concerning PCRB complaints. ~all decide, on a simple majority vote, the level of review to give each City Manager's report, and the Board may select any or all of the foil a. On the record with b. fiainant; c. Interview/meet v imed officer(s) ' officers; d. Request addi investigation by the Chief or City Manager, or request poli~ ~nce in the Board's own tigation; e. Performa~ by Board of its own additional investi tion; f. Hire in f ler t investigators. 2. The Board al~apply a "reasonable basis" standard of revie when reviewing the Police Chi f's or City Manager's report. This requires the Boar to give deference to the Poll Chief's or City Manager's report because of the Poe Chie~s and City ctive professional expertise. The Board may r ommend that the Chief or City Manager reverse or modify their findings only i .... ; The findings are not unsupported by substantial e b. The findings are unreasonable, arbitrary or capricious; or Legal\eleanor\ord\pcrbupd.doc 5 c. The findings are contrary to a Police Department policy or practice, or any Federal, State, orlocal law. If, in accordance with said standard, the Board affirms the decision of the Police Chief or City Manager with respect to the allegations of misconduct but nonetheless has concern about the officer's conduct it may so comment in its report to the City Council. If such comments are critical of the officer's conduct the Board shall provide the officer a name-clearing hearing ~ Section 8- 8-7(B)(4) hereof. 9n collecting and reviewing additional evidence, the Board shall on evidence reasonably prudent persons are accustomed to rely upon in their affairs. (Ord. 98-3865, 12-15-1998) 3. At of the Board's review, the Board shall issue ~ ~ublic report to the City concerning the PCRB complaint investigation. shall include findings of fact concerning the PCRB together with a clearly lated conclusion which explains why and extent to which the complaint is ustained" or "not sustained". If the compla is "not sustained", the public report all not include the names of the co~ ~lainant(s) or the police officer(s). If the rnplaint is "sustained" the Board mE include the names of the complainant(s) the police officer(s) if it determithat the public interest in such disclosure the public harm privacy interests of the complainant(s) and/of ~lice officer(s). Said shall be made in writing and shall state, in e Board's reasons for su ~ determination. The Board shall notify the person(s/ lame(s) it intends to the City Attorney and the Police Chief (or City the Police Chief subject of the complaint), of its intent to confidential' communication sent by regular mail or hand delivery at leas' ."n (10) wo~ days prior to such disclosure. In addition, the Board's public shall include any discipline or personnel matters, although the Board generally as to whether the Board believes discipline is appropriate ~g on the extent or form of the discipline. A copy of this public re the City Council shall be given to the complainant(s), the police officer(s), th the City Manager. (Ord. 99- 3891, 7-13-1999) 4. The Board shall not issue a rel critical of the sworn police officer's conduct until after a has been held, consistent with constitutional due process Board give notice of such hearing to the police officer so that the offi< may testify the Board and present additional relevant evidence. The shall be for protection of all State and Federal rights enjoyed The officer ' waive the right to this hearing upon written waiver sub Board. (Ord. 12-15-1998) 5. If the Board's repod officer's cond~ the Board is not required by law to offer a to the officer, but the Board hold hearings as deemed appropriate by1 Board. (Ord. 97-3792, 7-15-1997) 6. The Board to the City Council shall be com within forty five (45) calendar of receipt of the Chief's or City Manager's The City Council may g requests for extensions to this deadline upon cause shown. (Ord. 4-20-1999) 7. in this Chapter shall in any way impede or interfere with"the Police Chie~s the City Manager's lawful ability to perform their personnel supervisory duties Legal\eleanor\ord\pcrbupd.doc 6 over sworn police officers, including the ability to impose discipline as deemed appropriate by the Police Chief or City Manager. 8. No findings or report submitted to the Board or prepared by the Board shall be used in any other proceedings. C. General Powers And Duties: The Board shall also carry out the following duties: 1. Maintain a central registry of written complaints filed with the Board or wit/the Iowa City Police DepartmenL Collect data and do an annual repod to the City Council which shall and shall set forth the general types and numbers of complaints, of the 3laints, the discipline which was imposed, if any, and demogral: information. annual report shall not include the names of the complai or officers in complaints which were not sustained, and shall othc be in a form the confidentiality of the parties while prov the public with on the overall performance of the Police If the Board has been ' the City Council, City Manger or Chief to review a or procedure t:l:he Board's ann~ report may also include es in such police practices, polici~ procedures. 3. In addition nnual report, at the request of e Council, City Manager or Police Chief, Board shall, from time to report to the City Council on police practices, and policies, recommended changes, if appropriate. 4. The Board rules as bylaws governing the Board's activities, including the receipt and of and such procedural rules and bylaws shall be approved by 7-15-1997) 8-8-8: BOARD COMPOSITION; A. Board Composition: 1. The Board shall consist of five ~bers appointed by the City Council, who shall be Iowa City eligible electors ,~rve without compensation. The City Council shall strive to appoint 3resent the diversity of the community. Appointments to the current or former "peace officer" as that term is defined by law. The City reserves the right to waive the residency for good cause The City Council also reserves the right, for good ca shown, to waive the Jirement that the Board include one current officer. 2. Following adoption and publication .~ 97-3792, the City Council shall appoint to the Board for staggered appointments shall be for a four ~ initial a lich shall be as follows: person appointed for a two (2) year term. Two (2) persons appointed for three (3) Two (2) persons appointed for four (4) year terms. \\ shall be available to all Board members to enab them to perform the duties imposed herein, including training on Iowa's public recbo~shand open meetings laws. Powers: The Board shall have the following limited powers: 1. On its own motion, by a simple majority vote of all members of the Board, the Board may file a PCRB complaint. Legal\eleanor\ord\pcrbupd.doc 7 2. The Board shall decide the level of review to give the Police Chief's or City Manager's report by a simple majority vote of all members of the Board. The Board has no power to review police officer personnel records or disciplinary except to the extent such matters are made public by the City Attorney. 4. Board has only limited civil, administrative review powers, and has over criminal matters. The Board is not a court of law, and led to .= as a tort claims procedure or as litigation against the City. 5. If es are brought or are being considered against a police (s), Board's review or investigation may proceed with other or collecting documents, as appropriate. Any given by is subject to criminal investigation against the officer in g, as provided under the Fifth ;nt to the U.S. Constitution, ~ch constitutional right is waived. 6. The Board may ~utside counsel and independent ators in order to carr~ 7. The Board may hold informational hearings Police Department practices, procedures policies, and such hea~ will be public. The Board shall then report the results such general hearings to the City Council, as the Board deems a ~priate. 7-15-1997) 8-8-9: POLICE OFFICER'S AND CO A. All rights enjoyed by sworn police the City are preserved in this Chapter, and nothing herein is intended to or interfere with any such rights protected by the union contract, Iowa's Civil laws and other applicable State and Federal laws. B. All common law rights enjoyed by police officers, such as privacy and freedom from defamation, shall be protected durin~ 'ocess set out in this Chapter, and it shall be the Board's duty to protect said rights. C. Notwithstanding the above provisions, no shall be liable to any person for damages or equitable relief by reason of an ation ition or report made by either a Board member or by the Board (Ord. 97-3792 -15-1997) 8-8-10: SUNSET CLAUSE: This Chapter shall bc automatically on Auguct 1, 2001\,,.unless reenacted by City Cc'.-'nc!!. COUNCIL REVIEW: On or j ust 1, 2003 and eVery two years thereafter the City Council shall evaluate of the Board in ,light of the goals and principles set forth 97-3792, 7-15-1997) 8-8-11: TIME COMPUTATION: In computing time under this the first day shall be excluded and the last included, unless the last falls on a S day, in which case the time prescribed shall be xtended so as to office of the City Cler s closed due to a City holiday, the time shall be extended to include the next day on which t office of the Clerk is open to receive the filing of a complaint or the report. FILED MEMORANDUM 2001 JUN 25 PM 4:38 DAT ,: June 2S, 2001 CITY CLERK TO: City Council CC: City Attorney; City Clerk; Catherine eugh; Sand)~Ci~X~uAer CITY, 10WA FROM: John Watson, Chair, PCRB RE: Amendments to PCRB Ordinance At the PCRB meeting held today at 1 ] :00 a.m., the Board requested that I convey the following comments and recommendations: 1. At the last Council Work Session that addressed the PCRB ordinance, the decision to eliminate the staff administrative assistant position was made before the Council made a final determination of the role and responsibilities of the PCRB. It is possible that it was assumed at that point that the role and responsibilities would be reduced enough that the half-time position would not be necessary. Because it appears that the Council will not alter the duties of the PCRB in a way that would significantly reduce staff time, the City Clerk has rightfully expressed her concerns about the additional demands on her staff. The Board' s concern is that the Council will use the City Clerk's needs as a reason to establish a reduced role for the PCRB. Although we are not certain that we still need as much as a half-time assistant, we hope that the Council will first determine the role and responsibilities of the PCRB; and then allow the City Clerk and the PCRB to work together to find an efficient and effective level of staffing to implement the Council's decision. 2. Council members have expressed concern about the PCRB's involvement with policy review and have asked that the Board' s review powers be reduced. As I have said before, the Board at present has no power to set or alter any policy of the ICPD. The Board does not seek such power. We review policies for the following reasons: 1) To enhance our own understanding of police policies, procedures and practices in general, 2) to help us make informed decisions regarding specific complaints, and 3) in response to public concern regarding a specific policy, procedure or practice. On occasion, after review, we have made comments and suggestions to the Chief. This power has certainly not been used in an adversarial or meddling manner. Nevertheless, we believe that this review power is an important and appropriate role for the PCRB, one that should be welcomed and valued by the Chief and the Council. Therefore we suggest the following in reference to the City Attorney' s memo of June 20, 200]: That the wording of Sections 8-8-2(N) [new O], g-g-7(C)2, and. 8-8-7(C)3 remain unchanged. 3. We agree with the changes recommended in Section 8-8-3(D). This conforms with current practice. However, the language of S-8-5(A) seems to imply that PCRB complaints have been filed with the Police Department. We suggest clarifying language. 4. We concur with the changes suggested for Section 8-8-7, including the additional paragraph in Section B .2. However, it was my understanding from the discussion at the Work Session that the Council did not wish to limit the Board's policy review power in the context of its review of a complaint. Therefore, we recommend the following change to the additional paragraph: "... but nonetheless has concern about the officer's conduct, or Police Department policy, procedure, or practice, it may so comment..." John Stratton, PCRB Vice Chair, and I will attend the Work Session tonight and will be happy to answer any questions you might have. STEVEN KANNER City Councilmember. Iowa City Home,tddress: 807E. IVashington, #4, Iowa City, Iowa 52240 (319)338-8865 June 25, 2001 AMENDMENTS TO POLICE CITIZEN REVIEW BOARD ORDINANCE Submitted by Steven Kanner 1) PCRB should be able to recommend to Police Chief level of discipline for police officer at fault in PCRB findings. 2) Expanding length of time that complaints can be fried by citizen ~'om 90 days to six months. 3) PCRB should track "use of force" by police officers. (Track for whole police dept. and individual officers ['by identifying numbers only] .) Issue semi-annual reports. 4) Track racial profiling. Hire outside investigator/researcher as necessary. Issue semi-annual reports. 5) Make as a condition of employment for police officers, a requirement that they go before PCRB, if called by them, as part of their civil proceedings. (Remember, the police officer testimony can not be used as part of criminal case.) 6) Add ¼ time position in Clerks Office. (Evaluate need for this position in six months.) ORDINANCE NO. 01-3972 ORDINANCE AMENDING TITLE 3, "CITY FINANCES, TAXATION AND FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE, TO INCREASE PARKING FEES IN IOWA CITY, IOWA. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 3-4-7. Title 3. Chapter 4, Subsection 7. Parking Violations of the Iowa City Code of Ordinances should be and is hereby amended by repealing Section 3-4-7, relatin9 to Fees for Parking in City Parking Lots, and All Other City lots/ramps, and enacting in lieu therefore a new Subsection 3-4-7 to be codi~ed and to read as follows: Description of Fee, Charge, Bond, Fine or Penalty Amount of Fee, Charge, Bond, Fine or Penalty Parking ramps: Hourly parker (Tower Place). per hour $ .60 Hourly parker (Ramp A), per hour .60 Hourly parker (Ramp B), per hour .60 Hourly parker (Chauncey Swan), per hour .50 Monthly all-day permits (Ramp A and Tower Place), per month 60.00 Monthly all-day permits - Reserved Space (Tower Place), per month 65.00 Monthly all-day permits - Reserved Space (annual advance payment - 741.00 Tower Place) Monthly all-day permits (annual advance payment - Ramp A and 684.00 Tower Place), per year Monthly all-day permits (annual advance payment - Ramp B, per year 570.00 Ramp A is the Capitol Street Parking Ramp, while Ramp B is the Dubuque Street Parking Ramp. Reissue of Ramp monthly permit exit card. each reissue $ 25.00 Reissue of all other permits, each reissue $ 2.00 Penalties For Parking Violations: Overtime parking 3.00 Expired meter 3.00 Prohibited zone 5.00 Illegal parking - handicapped parking space 100.00 or as stated in the Code of Iowa, as amended One hour restricted zone, Civic Center lot 3.00 All other illegal parking violations 5.00 Increases: 10 days after issue, overtime and expired meter ticket fees shall 5.00 increase to 30 days after issue. all illegal parking fees, except handicapped, shall 10.00 increase to Ordinance No. 01-3972 Page 2 Description of Fee, Charge, Bond, Fine or Penalty Amount of Fee, Charge, Bond, Fine or Penalty Fee For Contractor Reservation Of Space, Per Day $ 10.00 Show-Up Fee Charged By Tow Truck Operator 20.00 Parking Meter Fees: Central Business District on-street meter, per hour .60 Central Business District lot meter, per hour .60 Peripheral on-street meter, (outside Central Business District), per .40 hour Peripheral lot meter, (outside Central Business District), per hour .40 Fees For Parking In City Parking Lots: City parking lots adjacent to Central Business District and central business: Linn Street Lot, per hour: from 7:30 a.m. - 5:00 p.m. first three (3) hours .60 each additional hour 5.00 from 5:00 P.M. - closing each hour .60 Monthly all-day permits, per month 50.00 Monthly all-day permits (annual advance payment), per year 570.00 Monthly off-hours permits (after 5;00 P.M., Monday through 34.00 Friday, all day Saturday and Sunday ), per month All other city lots/ramps: Monthly all-day permits, per month 45.00 Monthly all-day permits, (annual advance payment), per year 513.00 City employee lot permits, per month 22.50 SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publicat~,ii accordance ~ith law. , 2001. CITY CL~'~ Approved by Ordinance No. 01-3972 Page 3 It was moved by W i ] burn and seconded by 0 ' Donne ] '1 that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum First Consideration 6 / 12 / 01 Voteforpassa e: AYES: Pfab,Vanderhoef, Wilburn, Champion, Kanner, Lehman, O'Donnell. NA~S: None. ABSENT: None. Second Consideration ................... Vote for passage: Date published 6/30/01 Noved bJ~ilburn, seconded b~, Vanderhoef, that the rule requiring ordinances to be considered and voted on for passage at t~vo Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES:Lehman, O'Donnell, Pfab, Vanderhoef, 14~1burn, Champion. NAYS: Kanner. ABSENT: None.