HomeMy WebLinkAbout2001-07-10 Ordinance Prepared by: Bob Miklo, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING CODE, SECTION 14-6E-8, CENTRAL
BUSINESS ZONE, TO ALLOW DWELLING ON OR BELOW THE GROUND FLOOR OF
HISTORIC LANDMARK BUILDINGS E~Y SPECIAL EXCEPTION.
WHEREAS, the Comprehensive Plan including the Historic Preservation Plan encourages the
use of flexible zoning techniques to permit the continued use of historic buildings; and
WHEREAS, the CB-10 zone currently allows residential uses above the ground floor but
requires commercial uses on the ground floor; and
WHEREAS, the CB-10 zone contains a limited number of historic buildings, the design of
which may not be not conducive to ground floor commercial uses; and
WHEREAS, the City Council wishes to provide for flexible zoning codes to encourage the
continued use and adaptive reuse of historic buildings.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. AMENDMENT. Section 14-6E-8, Central Business Zone (CB-10) be hereby
amended by repealing Subsection (D) Special Exceptions and adding a new Subsection (D) and
adding a Subsection G.3 Special Provisions, to read as follows:
D. Special Exceptions 1. Clubs
2. Commercial recreational uses.
3. Dwellings located on or below the ground floor, subject to the provisions of Subsection
G.3 of this section.
4. Off-street parking, subject to the provisions of Section 14-6N-1 of this Chapter.
5. Religious institutions.
6. Schools, specialized private instruction,
7. Transient housing. (1978 Code §36-21; amd. 1994 Code; Ord 97-3773, 2-3ol 997).
8. Utility substation facilities, according to the requirements of Adicle L of this Chapter
(Ord. 99-3909, 11-9-1999).
G. Special Provisions
3. Because continued use and occupancy of historic structures contribute to
maintenance of the City's historic, aesthetic, and cultural heritage, any listed use in the CB-10
zone may be established by special exception on properties that contain an Iowa City Historic
Landmark, subject to the following:
a. A rehabilitation plan must be approved by the Historic Preservation Commission.
The rehabilitation plan must be completed before an occupancy permit is granted.
b. The proposed use will not significantly alter the overall commercial character of the
Central Business District Zone (CB-10).
c. The applicant must demonstrate to the satisfaction of the Board of Adjustment that
conditions on the site limit its ability to accommodate a commercial use on the ground floor.
d. Establishment of the use will not be in conflict with the Comprehensive Plan.
e. The Board of Adjustment may, to the extent it finds necessary under the
circumstances, modify zoning requirements that would limit or prevent use, reuse, or occupancy
of any Iowa City Historic Landmark under the provisions of this section.
Ordinance No.
Page 2
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 unconsti-
tutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this __ day of ,20__
MAYOR
ATTEST:
CITY CLERK
City Attorney's Office
Memo:
Date: June 15, 2001
To: Planning & Zoning Commission
From: Robert Miklo and Shelley McCafferty
RE: Amendment of CB-10 zone
Planning staff has proposed the attached amendment to the Special Provision Section for the
Central Business Zone (CB-10). This amendment would allow the establishment of dwellings
on or below the ground floor of an Iowa City Historic Landmark property in the CB-10 zone,
subject to criteria that would ensure the rehabilitation of the property. The criteria also require
that the proposed use will not significantly alter the commercial character of the Central
Business District Zone and require the applicant to demonstrate that the property has
characteristics that are not conducive to commercial uses on the ground floor. Currently the
zoning code only allows dwellings above the ground floor of a commercial use within the CB-10
Zone.
This amendment is being proposed in response to the redevelopmerit of the Old Carnegie
Library. Due to the probable designation of the Old Carnegie Library as an Iowa City Historic
Landmark, Jim Clark has requested that the City allow some flexibility from the current zoning
code for this development. The attached memorandum from Mr. Clark provides information
regarding plans for the building, Mr. Clark has proposed to rehabilitate all sides of the exterior
of the Carnegie Library, which includes the removal of the 1 g63 addition, the restoration of the
east rotunda and west entry stairs. A new L-shaped building will also be built on the property,
which will be located 10' from the library on the east and south sides, According to Mr. Clark,
the relationship of the Carnegie Library building to the street, the elevation of the first floor and
the civic style of the building are not conducive to first floor commercial uses. In addition,
because the new structure must be located at the rear of the property, the visibility and street
presence necessary to make the first floor viable for commercial use is significantly
cornpromised,
A precedent for this amendment is section 14-6D-TG2 of the zoning ordinance, This provision
was added to allow the Preucil School of Music to occupy the former Czecho-Slovakian
Association Hall, which is located in a Low Density Multi-Family Residential Zone (RM-12). A
similar provision is also included in the Residential/Office Zone (R/O). Staff believes that these
existing provisions in the RM-12 and R/O zones and the proposed provision for the CB-10 zone
can be an important tool in the City's efforts to preserve historic landmark buildings. These
buildings are sometimes unique in design and dissimilar to the other buildings in the zone in
which they are located. The zoning code can provide some flexibility to allow consideration of
uses other wise not permitted in the zone and allow modification of other zoning requirements,
while allowing the City to retain review of the uses through the special exception process. The
Board of Adjustment would be able to deny a special exception if it determines that the
proposed use would be in conflict with the Comprehensive Plan. The Historic Preservation
Commission would approve a rehabilitation plan for the properly to assure that the proposed
use of the property would be compatible with its preservation. This would also help assure, if
necessary, that there would be investment in the property to provide for its long-term
preservation.
The Comprehensive Plan provides support for the proposed amendment. The Historic
Preservation Plan is an element of the Comprehensive Plan. The Historic Preservation Plan
encourages the protection of historic resources and implementation of this policy through
effective and efficient legislation and regulatory measures. A specific objective of the Plan is to
offer the flexibility necessary to economically reuse historic resources. The Plan states,
"Flexibility should also extend to the actions of the Board of Adjustment. Linkage of variances
or special exceptions to historic district or landmark designation could serve a double purpose
by encouraging owners to designate properties in order to secure the zoning flexibility
necessary to preserve a building which might otherwise not be preserved." When we work on
the redrafting of the zoning code we will consider the addition of similar provisions in all zoning
districts.
STAFF RECOMMENDATION:
Staff recommends that the CB-10 zone be amended to allow consideration of Special
Exceptions to permit Dwellings on or below the ground floor of Iowa City Historic Landmark
properties.
ATTACHMENTS:
1. Draft amendment j
2. Memorandum from Jim Clark ~
Karl Franklin, Director
t of Planning and
Community Development
Sharedlpcd/histpres/camigielord
14-6E-8: CENTRAL BUSINESS ZONE (CB-10):
D. Special Exceptions:
3. Dwellings located above or below the ground floor, subject to
the provisions of subsection G. 3.of this section.
G. Special Provisions:
3. Because continued use and occupancy of historic structures
contribute to maintenance of the City's historic, aesthetic and
cultural heritage, any listed use in the CB-10 zone may be
established by special exception on properties that contain an
Iowa City Historic Landmark, subject to the following:
a. A rehabilitation plan must be approved by the Historic
Preservation Commission. The rehabilitation plan must be
completed before an occupancy permit is granted.
b. The proposed use will not significantly alter the overall
commercial character of the Central Business District Zone
( CB - 10).
c. The applicant must demonstrate to the satisfaction of the
Board of Adjustment that conditions on the site limit its
ability to accommodate a commercial use on the ground
floor.
d. Establishment of the use will not be in conflict with the
Comprehensive Plan.
e. The Board of Adjustment may, to the extent it finds
necessary under the circumstances, modify zoning
requirements, which would limit or prevent use, re-use, or
occupancy of an Iowa City Historic Landmark under the
provisions of this Section.
RE: Meeting of May 29, 2001 on the restoration of the Old Library
building - removal of 1962 addition - adding a 3-story, 15-unit
apartment building to the east with a 10' buffer between the
two buildings.
PRIOR INFORMATION:
A complete set of building plans - site plans - data for Board of
Adjustment requesting 50 parking spaces had been prepared. A
36-unit apartment complete with 10-12 commercial units all facing
either College or Linn Streets with 50 parking spaces had been
designed, engineered and ready for a building permit. Demolition
signs had been posted. The new building would have had 285' of
good commercial frontage on the first floor with three stories of
apartments above and 50 spaces of parking in the basement garage
area.
2
CURRENT INFORMATION:
We are now proposing to restore the Old Library back to its original
design of 1902-03 on the complete exterior, all sides, removing the
1962 addition and exposing the full east rotunda face with
approdimately 31 to 33 windows being reinstailed with a 10' buffer
between a new 15-unit, 3-story apartment building and the Old Library.
There will be 15 new apartments constructed on the back side east
with a 10' separation buffer to the Old Library plus 4 - 5 apartment
units placed in the Old Library.
No parking will be available. The Library restoration will absorb over
2/3 of the lot. Originally there was 285' of good street visual
commercial frontage. Now only 30' of the original is available plus a
27' setback 25' along the alley. If required, the remainder would either
front on the side yard or alley blinded from street view. There will be
no parking on the lot to support the commercial or apartment units.
The Old Library blocks the majority of what could have been future
3
commercial space making the commercial value very poor!
The Old Library lower or first level was not designed to be commercial.
Double hung windows - steps going in and limited visability to see
the inside, highly reduces its value as commercial space unless the
Old Library exterior is modified. Not acceptable.
We propose a three story building without comercial so as not to tower
over the Old Library - maintain a 10' buffer on the east side - placing
apartments in the Old Library building with minimum to no changes to
the original 1902 exterior. The Old Library will be the focal point with
the subordinate backdrop of a new 3-story, 15-unit apartment building
without commercial, since there is only 30 to 50' of street view and the
need to keep the new building a 3-story rather than a 4-story with
commercial to eliminate it from towering over the Old Library building.
By keeping the new building 10' away and using a 3 rather than a
4-story building, it reduces the size and depth of the footings, and
therefore protecting the integrity of the Old Library footings from the
4
dig. The 1962 addition will be completely removed exposing the 31
window curved east side Rotunda.
SUMMARY:
We feel the Old Library is a very beauitiful building. We have placed a
10' buffer between the Library and the new 3-story apartment building
to protect the Library's footings. We have pulled back the apartment
wing on the south alley side 25' to give a better view of the Library
from the south of Linn Street. We will be restoring front stoop, the 31
to 33 double hung windows on the east Rotunda and the stairway
entrances on the back side. The building will be returned to its original
took of 1902. It will be quite a project. We are going to need the help
of everyone to make this adventure work. Hopefully we will all be
pleased.
Thank you.
Iowa City Landmarks
In the Central Business District
There are approximately 115 properties in the CB-IO zone.
6 of those properties are designated as Iowa City landmarks ().
3 of those 6 properties were originally built for non-commercial uses (~).
IOWA AVE
WASHINGTON ST.
COLLEGE ST.
BURLINGTON ST.
LEGEND
College Block Building, 125 E. College Street, Commercial
Franklin Print'mg House, 115 S. Dubuque Street,
Paul-Helen Building, 207-215 E. Washington Street, Commercial
Trinity Episcopal Church, 320 E. College Street, Church
Van Patten House, 9 S. Linn Street, Residential
W.P. Hohenschuh Mortuary, 13 S. Linn Street, Mortuary
Old Carnegie Library, 307 E. College Street, Proposed landmark
. Iowa CIty, Iowa 52240
MelTIO:
To: City Council
From: Michael Gunn, Chair, Historic Preservation Commission
Date: July 5, 2001
RE: CB-10 Landmark Ordinance amendment
I ann writing in regard to a proposed ordinance on the City Council agenda for July 10, which
would permit any listed use on the ground floor of Iowa City Landmark properties within the CB-
10 zone. The Historic Preservation Commission supports the recommendations of the planning
staff as stated in their June 15, 2001 memo to the Planning and Zoning Commission, which
nonetheless voted against the ordinance. Please allow me to explain why the Historic
Preservation Commission (HPC) considers passage of this ordinance crucial.
The Planning and Zoning Commission voted against the proposed ordinance amendment
because they are concerned that it could damage the integrity of the "urban fabric" in the CB-10
zone. The zoning ordinance states that the intent of the CB-10 is a "high-density, compact,
pedestrian-oriented shopping, office, service and entertainment area in Iowa City." However, the
HPC has carefully studied the downtown area and has concluded that this intent is not
historically appropriate for the area east of Linn Street. Moreover, all of the Iowa City Landmark
or landmark eligible properties, which meet the criteria of the ordinance amendment, are located
in this area.
The HPC believes that the architectural characteristics that support the "urban fabric" of the
downtown are: building fa?ade and entry located at the lot line, ground floor located at or near
grade, large front windows for display, and a minimum height of 2-stories. These characteristics
support the intent of the CB-10 zone. As illustrated on the attached plan of downtown, this
pattern of development has been successful in the area west of Linn Street and the HPC feels
strongly that this should continue.
In contrast, the area of the CB-10 east of Linn Street, was historically developed as a "civic
corridor." Buildings of public and civic significance were located along or east of Linn Street,
including the Post Office, City Hall, the Episcopal Church, fraternal hails and the Carnegie
Library. In addition, single-family residences and a dormitory were located in this area. This area
historically and currently serves as a transitional zone between the compact development of
downtown and the residential zone. Both the architectural characteristics and the historic pattern
of development in this area are less conducive to viable, modern commercial uses.
The HPC agrees with the Planning and Zoning Commission that creativity needs to be applied
when redeveloping these historic properties for commercial use. However, as downtown Iowa
City struggles to compete with outlying areas for office and retail use, the current economic
condition of downtown does not necessarily support this. Moreover, to allow historic properties
to be vacant, fall into disrepair, or be demolished does not support the economic health or the
quality of the urban environment. Therefore, it would be a greater asset to Iowa City to allow
these properties to be developed for residential use on or below the ground floor by special
exception, thereby increasing the population density in downtown. If in the future, real estate
values encourage these properties to be used commercially, these properties would still be
available for such a use, and the Commission would support this.
Iowa City CB-10 Zone
~ IowaAvenue
Washington Street
I._
Pedestrian Mall I College Stree~
Burlington Street
Section 1,1-6E-8: CENTRAL / Buildings lhat contribuL~e to the Area of CB-10 zone
BUSINESS ZONE (CB-'I0): intent of the CB-10 zoning based where intent of the
A. Intent: The Central Business on the following criteria: zone has been most
Zone (CB-10) is intended to be ,, Entry and facade at lot line successful.
the high-density, comapct, · Entry near grade
pedesthan-oriented shopping, · Two or more stories Histodc "Civic Corridor"
of~ce, service and entertainment · Display windows
area in Iowa City. Development
and redevelopment in this ZoneM Buildings which do not meet one
should occur in compact ......... or more of the cdtedan.
groupings, in order to intensify the Buildings which do not meet one
density of usable commercial or more of the critedan and are
spaces, while increasing the Iowa City Landmarks or
availability of open spaces, plazas landmark-elidgible,
or pedestrianways.
Prepared by: John Yapp, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CONDITIONALLY CHANGING
THE USE REGULATIONS OF 12.09 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF
HIGHWAY I WEST OF WESTPORT PLAZA FROM I-1, GENERAL INDUSTRIAL TO C1-1,
INTENSIVE COMMERCIAL
WHERE',S, the applicant, Charles Ruppert, has requested the City rezone approximately 12.09
acres of land located on the south side of Highway 1, west of Westport Plaza from I-1, General
Industrial to CI-1, Intensive Commercial; and
WHEREAS, the proposed rezoning is compatible with the adjacent Intensive Commercial and
Community Commercial zoning, and with the Highway I Corninertial Corridor; and
WHEREAS, Iowa Code Section 414.5 (1999) provides that the City of Iowa City may impose
reasonable conditions on granting an applicant's rezoning request, over and above existing
regulations, in order to satisfy public needs caused by the requested zoning change; and
WHEREAS, it is a policy in the Iowa City Comprehensive Plan that special care must be given to
the appearance of entranceway corridors as development occurs; and
WHEREAS, Highway 1 is the primary entrance to Iowa City from the southwest; and
WHEREAS, the property is in dose proximity to the Iowa City Municipal Airport, and therefore,
there are certain restrictions on the development of the property; and
WHEREAS, the property owners acknowledge that certain conditions and restrictions are
reasonable to ensure appropriate development that helps to enhance the appearance of the
Highway I corridor, helps to minimize traffic congestion and ensures compatibility with present
Airport regulations; and
WHEREAS, the property owners have agreed to use this property in accordance with certain
terms and conditions as contained in the conditional zoning agreement to ensure appropriate
development of this property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL. The property described below is hereby reclassified from its present
classification of I-1, General Industrial, to C1-1, Intensive Commercial:
Outlot A, Westport Plaza-Part Two Iowa City Iowa according to the plat thereof record d
in Book 38 Page 257, Plat Records of JohnSon C~unty Iowa Said tract of land contains
12.09 acres, more or less, and is subject to easements and restrictions of record.
Ordinance No.
Page 2
SECTION It. 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 final
passage, approval, and publication of this ordinance as provided by law.
SECTION Ill. CONDITIONAL ZONING AGREEMENT. The Mayor is hereby authorized and
directed to sign, and the City Clerk to attest, the Conditional Zoning Agreement between the
owners of the property and the City, following passage and approval of this ordinance.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the
Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this Ordinance and
Conditional Zoning Agreement and to record the same at the office of the County Recorder of Johnson
County, Iowa, at city expense, all as provided by law.
SECTION V. REPEALER. AII ordinances and parts of ordinances in conflict with the provi-
sions 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 invalid or unconsti-
tutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this day of ,20. . ..
MAYOR
ATTEST:
CITY CLERK
Ordinance No.
Page
It was moved by and seconded by that the Ordinance
as mad be adopted, and upon roll call them were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilbum
First Conside ration 6 / 12 / 0 1
Voteforpassa e: AYES: O'Donnell, Vanderhoef, Wilburn, Champion, Kanner, Lehman.
NAYS: Pfab. ABSENT: None.
Second Consideration 6/26/01
Voteforpassage: AYES: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef,
Wilburn. NAYS: None. ABSENT: None.
Date published
Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT iS made by and between Charles W. Ruppert and Marie Ruppert, husband and wife;
Richard H. Rupped, a single person; Robert L. Ruppert and Maxine Ruppert, husband and wife;
Katherine C. Hogan and Eugene Hogan, wife and husband; Cleldon F. Ruppert and Betty C. Ruppert,
husband and wife; Herman G. Ruppert and Betty Lou Ruppert, husband and wife; and Dean C. Cooper
as Executor of the Estate of Rosamond V. Cooper (hereinafter "Owners") and the City of Iowa City, Iowa,
a municipal corporation (hereinafter "City"); and
WHEREAS, Owners have requested the City rezone approximately 12.09 acres located on the south side
of Highway 1 and west of Westpod Plaza from I-1, General Industrial, to C1-1, Intensive Commercial; and
WHEREAS, the proposed rezoning is compatible with adjacent commercial zoning to the north and south,
and with the commercial character of the Highway 1 Corridor; and
WHEREAS, Iowa Code 414.5 (1999) provides that the City of Iowa City may impose reasonable
conditions on granting an applicant's rezonin9 request, over and above existing regulations, in order to
satisfy public needs related to the requested zoning change; and
WHEREAS, the City of Iowa City has a policy to preserve and enhance the entrances to the city; and
WHEREAS, Highway 1 is the primary entrance to Iowa City from the southwest; and
WHEREAS, the approximate 12.09 acre property is in close proximity to the Iowa City Municipal Airport,
and therefore, there are certain restrictions on the development of the property; and
WHEREAS, Owners acknowledge that certain conditions and restrictions are reasonable to ensure
appropriate development, to help ensure development does not detract from the appearance of the
Highway 1 Corridor, and to ensure development is in compliance with laws and regulations governing the
property due to its close proximity to the Iowa City Municipal Airport; and
Charles W. Ruppert Conditional Zoning Agreement
Page 2
WHEREAS, Owners and City acknowledge that similar conditions have been placed on other properties
within the Highway 1 Corridor; and
WHEREAS, Owners agree to use this property in accordance with the terms and conditions of the
Conditional Zoning Agreement to ensure appropriate development of this property.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as
follows:
1. Charles W. Ruppert and Marie Ruppert, husband and wife; Richard H. Ruppert, a single person;
Robert L. Ruppert and Maxine Ruppert, husband and wife; Katherine C. Hogan and Eugene
Hogan, wife and husband; Cleldon F. Ruppert and Betty C. Ruppert, husband and wife; Herman
G. Ruppert and Betty Lou Ruppert, husband and wife; and Dean C. Cooper as Executor of the
Estate of Rosamond V. Cooper are the owners and legal title holders of property located on the
south side of Highway 1, west of Westport Plaza, and northwest of the Iowa City Municipal Airport,
more particularly described as follows:
Outlot A, Westport Plaza-Part Two, Iowa City, Iowa, according to the plat thereof
recorded in Book 38, Page 257, Plat Records of Johnson County, Iowa. Said tract of
land contains 12.09 acres, more or less, and is subject to easements and restrictions
of record.
2. The parties acknowledge that Iowa City has a policy, as stated in the Comprehensive Ran, to
preserve and enhance entrances to Iowa City. Owners agree and acknowledge that this policy is
reasonable, proper and appropriate under the circumstances.
3. Owners acknowledge that the City's policy concerning entrances governs this rezoning request
and, therefore, agree to certain conditions over and above City regulations may be imposed in
order to lessen the impact of the development on the surrounding area.
4. In order to provide for attractive development at the southwest entranceway to Iowa City, to
ensure the coordinated development of the above-described land so as to minimize traffic
conflicts and congestion in the area, and to ensure that development on the property complies
with laws and regulations governing development of the property due to its close proximity to the
Iowa City Municipal Airport, Owners agree that the development of the subject property will
conform to the following conditions:
Charles W. Ruppert Conditional Zoning Agreement
Page 3
a. Any proposed development on the property shall not have direct vehicular access onto
Highway 1. Access to the property shall be through the existing access drives from
adjacent properties. The access easement through the property to allow vehicular access
between properties to the north and south shall be preserved. This access easement shall
be shown on all site plans for proposed future development and may be located in
conjunction with aisles through parking areas. The City agrees to cooperate with Owners
to relocate this easement, if necessary. The access easement, however, need not be
located as shown on the plat for Outlot A, Westport Plaza Part Two. Specifically, the
easement may be moved west and north as long as it does not encroach upon the 30-foot
setback specified in paragraph 5F. Said easement may be reduced to a width of 30 feet,
however, the access easement must remain open to allow traffic to circulate through the
property, and may not be used for storage or display of vehicles. In the event the subject
real estate is redeveloped in such a manner that lots are platted at the front of said real
estate nearest Highway 1, Owners shall be required to relocate the easement to a point
approximately 210 feet from the Highway 1 right-of-way to allow lots to be subdivided
between Highway 1 and the access easement.
b. No outdoor storage of merchandise or material, except for that associated with auto
vehicle sales, plant nurseries and florists shops, shall occur within 100 feet of the Highway
I right of way. Storage areas beyond 100 feet of the Highway 1 right of way shall be
screened from view with a solid wall at least six feet in height, and a landscape bed at
least 15 feet in depth shall be located adjacent to any such wall between the wall and the
Highway 1 right of way.
c. Loading docks shall not be located on any building wall or other wall facing Highway 1.
Loading docks shall be screened or located so they are obscured from vision from
Highway 1.
d. All parking rows, including those for car or truck sales, shall be terminated with a
landscaped bed nine feet in depth. The landscaped bed shall be planted with parking lot
trees which may count toward the parking lot trees otherwise required by the City.
Ornamental trees may be used if the mature height of large trees are found to potentially
penetrate the minimum obstruction clearance height for the Iowa City Municipal Airport.
Charles W, Ruppert Conditional Zoning Agreement
Page 4
e. No more than two free-standing signs shall be permitted on the property. If signs are to be
illuminated, they shall only be internally illuminated.
f, There shall be a 30-foot setback from Highway I which shall be landscaped with ground
cover. No parking or display of merchandise or paving other than sidewalks shall be
permitted in this 30-foot setback.
g. Any and all development shall comply with all local, state and federal laws and governing
the development of the property due to its close proximity to the Iowa City Municipal
Airport. Nothing in this Conditional Zoning Agreement, however, shall be construed as a
waiver of any "taking claim" by Owners in the event any governmental agency or body
prohibits development on the property. Owners reserve the right to maintain any claim,
including but not limited to inverse condemnation, taking, temporary taking, Section 1983
claim or other claim, based on the inability to develop the property due to airpod
regulations.
h. In order to minimize the potential for a blank wall to face Highway 1, the building wall or
walls facing Highway 1 shall be constructed of masonry, including brick, stone, dressed
concrete block, and/or stucco or like material when used in combination with a masonry
finish, or of architectural metal exterior wall materials in combination with a masonry finish.
Alternatively, a minimum of 30% of the building wall shall be window openings or windows
spaced at least every 50 feet along the wall, or other changes in the pattern of the wall
surface may be appreved, provided the majority of the wall is masonry or like material, or
architectural metal in combination with masonry, with approval of a site plan by the
Director of Planning and Community Development.
5. The Owners agree that every development proposed on the subject property must submit a
development concept plan to the Department of Planning and Community Development prior to
development. The Director of Planning and Community Development shall review and approve
the concept plan based on the criteria listed herein. The director may approve a concept plan
containing minor modifications to the criteria listed above, provided the modifications satisfy the
intent of the criteria. Decisions of the Director may be appealed to the City Council after review
and a report by the Planning and Zoning Commission.
Cha~'les W. Ruppert Conditional Zoning Agreement
Page 5
6. The Owners acknowledge that the conditions contained herein are reasonable conditions to
impose on the land under Iowa Code 414.5 (1999), and that said conditions satisfy public needs
which are directly caused by the requested zoning change.
7. In the event that the subject property is transferred, sold, redeveloped, or subdivided, all
redevelopmerit will conform with the terms of this conditional zoning agreement.
8. This conditional zoning agreement shall be deemed to be a covenant running with the land and
with the title to the land, and shall remain in full force and effect as a covenant running with the
title to the land unless or until released of record by the City. The parties further acknowledge that
this agreement shall inure to the benefit of and bind all successors, representatives and assigns of
the parties.
9. Owners acknowledge that nothing in this conditional zoning agreement shall be construed to
relieve the owner from complying with all applicable local, state and federal regulations.
10. The parties agree that this conditional zoning agreement shall be incorporated by reference into
the ordinance rezoning the subject property; and that upon adoption and publication of the
ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at City
expense,
Dated this day of ,2001.
. Chahps W. Ruppert Conditional Zoning Agreement
Page 6
ppEp~E~T~/~A~ CITY OF IOWA CITY
' By
C Ernest W. Lehman, Mayor
Attest:
Richard H. Rupped, Robe~ L. Rupped, Maxine
Rupped, Katherine C. Hogan, Eugene Hogan, ice
Rupped
ESTATE OF ROSAMOND V. COOPER
By: ~-~.~ ~-C'~__
Dean C. Coo~~r
STATE OF IOWA )
COUNTY OF JOHNSON )
On this ~9'~-~ day of ~'/]~'~rr' 2001, before me, a Notary Public in and for the
State of Io"~,, F'~rsonally appeared C les W. Rupp;d, to me known to be the person who executed the
foregoing instrument and acknowledged that he executed the same as his voluntary act and deed.
?~ ]Ft. NNSMARI~SGHW~TING~
)
COUN~ OF JOHNSON )
On this ~ day of ~' , 2001, before me, a Nota~ Public in and for the
State of Iowa, personally appeared ~arles W. Rupped, to me known to be the person who executed the
foregoing instrument on behalf of Marie RuppeR, Richard H. Rupped, RobeR L. RuppeR and Maxine
Rupped; Katherine C. Hogan and Eugene Hogan; Cleldon F. Ruppe~ and Betty C. Rupped; and Herman
G. Ruppe~ and Betty Lou Ruppe~, and acknowledged that he executed the same as the volunta~ act
and deed of said Marie Ruppe~, Richard H. Ruppe~, Robed L RuppeR and Maxine Ruppe~; Katherine
C. Hogan and Eugene Hogan; Cleldon F. Ruppe~ and BeVy C. Rupped; and Herman G. Ruppe~ and
Betty Lou Rupped.
Nota~ Public in and for the State of i~wa
LEANNE MARIE SCHWARTING
Cha. H.es W. Ruppert Conditional Zoning Agreement
Page 7
STATE OF FLORIDA )
COUNTY OF CHARLOTTE )
On this CRY.5 day of ea]~red~D , 2001, before me, a Notary Public in and for the
State of Iowa, personally app an C. Cooper, to me known to be the identical person named in
and who executed the foregoing instrument and acknowledged that such person, as such fiduciary,
executed the same as the voluntary act and deed of such person of such fiduciary.
~: ~ Y 0 MISSIONtCC8~114
% ' ~=~:~:~ . Not ~ubliC in a~d fSr the State of Florida
STATE OF IOWA )
) ss:
COUNTY OF JOHNSON )
On this day of , 2001, before me,
, a Notary Public in and for the State of Iowa, personally appeared
Ernest W. Lehman and Madan K. Karr, to me personally known, and, who, being by me duly sworn, did
say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal
affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was
signed and sealed on behalf of the corporation, by authority of its City Council, as contained in
(Ordinance) (Resolution) No. passed by the City Council, on the day of
,2001, and that Ernest W. Lehman and Marian K. Karr acknowledged the
execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the
corporation, by it voluntarily executed.
Notary Public in and for the State of Iowa
My commission expires:
Prepared by: John Yapp, Associate Planner, John Adam, Planning Intern, City of
Iowa City, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247
ORDINANCE NO. 01-3973
AN ORDINANCE AMENDING TITLE 14,
CHAPTER 6, ENTITLED "ZONING," ARTICLE
E, ENTITLED "COMMERCIAL AND BUSINESS
ZONES," TO ALLOW MUNICIPALLY OWNED,
MIXED-USE PARKING FACILITIES IN THE
CENTRAL BUSINESS SUPPORT ZONE (CB-5)
AND THE CENTRAL BUSINESS ZONE (CB-10)
WHEREAS, municpally owned parking
facilities are permitted only in Public (P) Zones
under current regulations in the Zoning Chapter;
and
WHEREAS, the Comprehensive Plan
identifies as one of its transpodation goals the
construction of "off-street parking garages with
ancillary uses" as a means of fostering economic
growth and vitality; and
WHEREAS, facilities such as Tower Place
parking facility, in which private and public uses
coexist in the same structure, cannot be
considered purely public uses; and
WHEREAS, more such mixed-use facilities
may be desirable in future, including conversions
of facilities that, currently, are used only for
parking; and
WHEREAS, the planned South Side
Transportation Center will be a mixed-use facility
in a Central Business Support Zone (CB-5),
necessitating the inclusion of that zone in this
ordinance.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. AMENDMENT: Chapter 6, Zoning
Chapter, Article E, Commercial and Business
Zones, of the City Code is hereby amended by
adding the following permitted use to subsection
14-6E-SB:
14-6E-8B(7): municipally owned parking
facilities
SECTION II. REPEALER. All ordinances and
pads of ordinances in conflict with the provisions
of this Ordinance are hereby repealed.
SECTION Ill. 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
Ordinance No. 01-3973
Page 2
part thereof not adjudged invalid or unconsti-
tutional.
SECTION IV. EFFECTIVE DATE. This Ordi-
nance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this 10th day of
Ju l y ,2001.
APT/;~ ~ ~ '
City Attorney's Office
Shared/pcd/John Ntower pl ord (2)
Ordinance No. 01-3973
Page 2
It was moved by Vande?hoef and seconded by 0 ' Donnel 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 Prab
X Vanderhcef
X Wilbum
First Consideration 6/12/01
Voteforpassa e:AYES: Champ.ion, Kanner,Lehman, O'Donne]], Pfab, Vanderhoef,
W.i]burn. NAYS~: None. ABSENT: None.
Second Consideration 6/26/01
Voteforpassage: AYES: Lehman, O'Donne]], Pfab, Vanderhoef, W.i]burn,
Champ'ion, KanneT'. NAYS: None. ABSENT: None.
Date published 7/18/01
Prepared by: John Yapp, Associate Planner, John Adam, Planning Intern, City of
Iowa City, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247
ORDINANCE NO. 01-3974
AN ORDINANCE CHANGING THE ZONING
DESIGNATION OF APPROXIMATELY 0.83
ACRES FROM PUBLIC (P) TO CENTRAL
BUSINESS (OB-10) LOCATED SOUTH OF
IOWA AVENUE BETWEEN LINN STREET AND
GILBERT STREET.
WHEREAS, the applicant, the City of Iowa
City, has requested that the City fezone
approximately 0.83 acres of property located on
the southeast corner of Iowa Avenue and South
Gilbert Street from P to CB-10; and
WHEREAS, this property is occupied by the
Tower Place Parking Facility; and
WHEREAS, the Comprehensive Plan
identifies as one of its transportation goals the
construction of "off-street parking garages with
ancillary uses" as a means of fostering economic
growth and vitality; and
WHEREAS, the Tower Place parking Facility
currently complies with all dimensional
requirements of the CB-10 zone; and
WHEREAS, the Zoning Ordinance is being
amended to allow facilities such as the Tower
Place Parking Facility in the CB-10 zone; and
WHEREAS, rezoning this property to CB-10
will allow commercial and office uses to exist on
the same property as public parking; and
WHEREAS, the Planning and Zoning
Commission has recommended approval of the
proposed rezoning.
NOW, THEREFORE, BE IT QRDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. APPROVAL: The property
described below is hereby reclassified from its
present classification of P to CB-10:
PROCEEDING FROM THE NORTHEAST
CORNER OF BLOCK 61 OF THE ORIGINAL
TOWN PLAT WEST 240 FEET, THENCE
SOUTH 150.4 FEET, THENCE EAST 240.17
FEET, THENCE NORTH 150 FEET TO THE
POINT OF BEGINNING.
SECTION II. ZONING MAP. The Building
Inspector is hereby authorized and directed to
change the Zoning Map of the City of Iowa City,
Ordinance No. 01-3974
Page 2
Iowa, to conform to this amendment upon final
passage, approval, and publication of this
Ordinance as provided by law.
SECTION III. CERTIFICATION AND
RECORDING. The City Clerk is hereby
authorized and directed to certify a copy of this
Ordinance and to record same in the Johnson
County Recorder's Office at the applicant's
expense upon passage and approval of this
Ordinance.
SECTION IV. REPEALER. All ordinances
and parts of ordinances in conflict with the
provision 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 whore or any section, provision or
part thereof not adjudicated invalid or
unconstitutional.
SECTION VI. EFFECTIVE DATE. This Ordi-
nance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this 10th day of
CI ~' ~'/'~IT:T:T~LERK
Approved by
City Attorney's Office
Shared/pcd/John Ntower pl rez ord (2)
OrdinanceNo. 01-3974
Page. 3
It was moved by 0' Donnel 1 and seconded by Vanderhoef that the Ordinance
as read be adopted, and upon roll cell them were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilburn
First Consideration 6/12/01
Voteforpassage:AYES: W.ilburn, Champ'ion, Kanner, Lehman, O'Donne]'l, Pfab,
Vanderhoef. NAYS: None. ABSENT: None.
Second Consideration 6/26/01
Voteforpassage: AYES: Kanner, Lehman, O'Donne]], Pfab, VAnderhoef, W.i]bu~n,
Champion. NAYS: None. ABSENT: None.
Date published 7/18/01
'~ j 07:~-01
/
Prepared by:. Scoff Kugler. Assoc. Planner. 410 E. Washington Slreet, Iowa City. IA 52240; 319356-5243
ORDINANCE NO. 01-3975
AN ORDINANCE VACATING AN UNDEVELOPED
PORTION OF WOOLF AVENUE FROM MCLEAN
STREET SOUTH FOR A DISTANCE OF 240 FEET.
WHEREAS, the Applicant, Craig H. Syrop, has
requested that the City vacate a portion of the WooZf
Avenue right-of. way from McLean Street south for a
distance of 240 feet; and
WHEREAS, the subject right-of-way is currently
undeveloped, and does not appear to be a necessary
component of the neighborhood street system; and
WHEREAS, a sanitary sewer easement and a
storm sewer easement will be retained over a portion
of the right-of-way and no structures will be permitted
to be constructed or trees planted within these
easements; and
WHEREAS, the City intends to dispose of the
subject dght-of-wey via sale of the vacated property to
the applicant and/or other adjacent property owner(s).
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. VACATION. Subject to the retention of
public sanitary sewer and storm sewer easements, the
City of Iowa City hereby vacates the portion of the
WooIf Avenue right-of-way from McLean Street south
for a distance of 240 feet, legally described as follows:
Commenting at the Northwest Comer of
Block Four (4), Manville Addition to Iowa City, Iowa;
thence south along the eastedy right-of-way of WooIf
Avenue 240 feet; thence west to a point on the
westedy dght-of-wey of Woolf Avenue that is 240 feet
south of an extension of the southerly right--of-way of
McLean Street; then north 240 feet to an extension of
the southerly right-of-way o1' McLean Street; then east
to the Point of Beginning.
Said legal description is meant to describe a
240-foot section of the entire WooIf Avenue right-of-
way south of the southerly right-of-way or McLean
Street, according to Manville's Addition to Iowa City,
SECTION IL REPEALER. All ordinances and parts
of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION IlL SEVERABILITY. If any section,
provision or pad of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall
not affect Ihe 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
publication, as provided by law.
Ordinance No. 01-3975
Page 2
Passed and approved this lOth day of
u
CI CLERK
ppdadm/on:lAvoolf. doc
Ordinance No. 01-3975
Page 3
It was moved by Champ'i on and seconded by Pfab that the Ordinance
as read be adopted, and upon roll call them were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhcef
X Wilbum
First Consideration 5/2/00
Voteforpassage: AYES: Pfab, Vande~'hoef, Wilburn, Champion, Kanner, Lehman,
0 ' Donnel 1. NAYS: None. ABSENT: None.
Second Consideration 5/].6/00
Voteforpassage:AyES: Pfab, Vanderhoef, Wilbur'n, Champion, Kanner, Lehman,
O'Donnell. NAYS: None. ABSENT: None.
Date published 7/18/01
I07-t0-01
" I
Prepared by: Eleanor M. Dilkes, City Attomey; 410 E,
Washington St.; Iowa City. IA 52240; (319) 356-5030
ORDINANCE NO. 01-3976
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 COMMENT ON OFFICER ACTION
AND POLICE PRACTICES, PROCEDURES
AND WRITTEN POLICIES REGARDING AN
INCIDENT NOTWITHSTANDING ITS
AFFIRMANCE OF THE POLICE CHIEF OR
CITY MANAGER'S REPORT IN
ACCORDANCE WITH THE REASONABLE
BASIS STANDARD OF REVIEW, AND
ALLOWING THE BOARD TO REQUEST THAT
THE CITY COUNCIL HOLD GENERAL
INFORMATIONAL HEARINGS REGARDING
POLICE ACTIVITIES.
WHEREAS, in accordance with actual practice,
Chapter 8 of the City Code entitled "Police Citizen
Review Board" should distinguish between
complaints made to the Board and those made to
the Iowa City Police Department; and
WHEREAS, the Board should be allowed to
comment on officer action and police practices,
procedures and written policies regarding an
incident notwithstanding its affirmance of the
Police Chief or City Manager's report in
accordance with the reasonable basis standard of
review; and;
WHEREAS, rather than the Board holding
general informational headngs regarding police
activities, the Board should be allowed to request
that the City Council hold such hearings.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. AMENDMENT. The City Code
shall be amended by deleting Section 8-8-2 and
substituting the following in lieu thereof:
8-8-2: INTENT, GOALS AND GUIDING
PRINCIPLES:
Ordinance No. 01-3976
Page 2
A. Investigations into claims of
inappropriate conduct by sworn police officers
will be conducted in a manner which is fair,
thorough, and accurate.
B. An annual reporting system
regarding complaints against sworn police
officers will be established to give the City
Council sufficient information to assess the
overall performance of the Iowa City Police
Department in these mattera.
C, Citizens may make a formal written
complaint to either the Board or the Iowa City
Police Department, In accordance with this
Chapter the Board shall process only those
complaints filed 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.
D. The Board will:
1. Oversee a monitoring system for
tracking receipt of formal complaints
lodged against sworn police officers
with either the Board or the Iowa
City Police Department;
2. Provide oversight of police
investigations through review of
such investigations; (Ord. 97-3792,
7-15-1997)
3. Provide the opportunity for a hearing
to the police officer if the Board's
findings on the complaint to the
Board are critical of the police
officer, as required by constitutional
law, and give the police officer the
opportunity to present testimony and
evidence; (Ord. 98-3865, 12-15-
1998)
4. Issue a final public report to the City
Council on each complaint to the
Board which sets forth factual
findings and a written conclusion
which explains why and the extent to
which the complaint is either
"sustained" or "not sustained".
E. The Board shall have no authority
over police disciplinary matters because only the
Police Chief or City Manager may impose
discipline under Iowa law.
F. No findings in the Bcard's report shall
be used in any other legal proceeding.
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
Ordinance No. 01-3976
Page 3
the Board shall be deemed to diminish or limit
the right of any person to file a claim or a lawsuit
against the City.
H. A complaint to the Board may be
filed by any person with personal knowledge of
an incident. "Personal knowledge" means the
complainant was directly involved in the incident
or witnessed the incident. If the person with
personal knowledge is underage or otherwise
unable to complete a complaint form, the
complaint may be filed by such person's
designated representative. The City Manager,
the Police Chief, the City Council. or the Board
may file a complaint to the Board based upon a
reasonable belief that police misconduct has
occurred regardless of personal knowledge.
I. In order to assure that people feel
confident in the complaint process, nonpolice
City staff shall be available at a public location
other than the Police Department to receive
complaints, although complaints may also be
filed at the Police Department. Formal mediation
shall be available to the complainant(s) and the
police officer(s) at any time during the process.
J. The Board shall not interfere with or
diminish the legal rights of sworn police officers,
including those rights protected under the union
contract, Civil Service Commission, and State
and Federal law. Similarly, the Board shall
respect the rights of privacy and freedom from
defamation shared by complainants and
witnesses, as well as those same rights enjoyed
by police officers under the law.
K. The City Council finds that internal
accountability within the Police Department is a
valid legislative purpose, and one method of
accomplishing such internal accountability is to
have the police do their own investigations into
claims of inappropriate police conduct. If a
complaint is asserted against the Police Chief,
the City Manager will investigate the claim and
report to the Board and the City Council.
L. Investigation of all formal complaints
to the Board is a mandatory duty of the Police
Chief, and a report of each complaint
investigation shall be given to the Board. Such
reports to the Board shall include the factual
findings of the Police Chief as well as a written
conclusion explaining why and the extent to
which a complaint is either "sustained" or "not
sustained". However, such reports shall not
include discipline or other personnel matters. If
the Police Chief and the City Manager find the
police officer's actions constitute misconduct and
discipline is imposed by the Police Chief or City
Manager, the internal affairs investigation may
Ordinance No. 01-3976
Page 4
become a public record to be released by the
City Attorney to the extent provided by law.
M. In order to assure external
accountability of the actions of the Police
Department, the Police Chief shall provide the
Board with a report at least quarterly of all formal
complaints filed directly with the police
department, which report shall state the date and
location of the incident and a brief description of
the nature of the allegation and the disposition of
the complaint.
N. External accountability will further be
provided by the Board's maintenance of a central
registry of all formal complaints, In addition to
the central registry, the Board shall provide an
annual report to the City Council, which report
shall be public and shall set forth the general
types and numbers of complaints, how they were
resolved, demographic information, and
recommendations as to how the Police
Department may improve its community relations
or be more responsive to community needs.
O, The Board shall review police
practices, procedures, and written policies as
those practices and procedures relate to the
Police Department's performance as a whole,
and shall report their recommendations, if any, to
the City Council, City Manager and Police Chief
(Ord. 97-3792, 7-15-1997).
SECTION II. AMENDMENT. The City Code
shall be amended by deleting Section 8-8-3 and
substituting the following in lieu thereof:
8-8-3: DEFINITION OF COMPLAINT;
COMPLAINT PROCESS IN GENERAL:
A. A "complaint to the Board" or "PCRB
Complaint" is an allegation of misconduct lodged
against a sworn police officer ("police officer' or
"officer') employed by the Iowa City Police
Department, where the complained-of activity
occurred while the officer was acting in the
capacity of a sworn police officer.
B, Any person with personal knowledge
of the alleged police misconduct may file a
PCRB complaint with the Board. In order to have
"personal knowledge", the complainant must
have been directly involved in the incident or
witnessed the incident. If the person with
personal knowledge is underage or otherwise
unable to complete a PCRB complaint form, the
PCRB complaint may be filed by such person's
designated representative. The City Manager,
the Police Chief, the City Council or the Board
itself may file a PCRB complaint based on a
reasonable belief that police misconduct has
occurred regardless of personal knowledge, The
Ordinance No. 01-3976
Page 5
person or official filing the PCRB complaint may
hereafter be referred to as the "complainant".
C. All complaints to the Board shall be
in wdting and on forms provided by the Board.
Complaint forms shall be available to the public
in easily accessible locations, and nonpolice staff
shall be available to receive the complaint forms.
Assistance may be available to complete the
form as designated by the Board. (Ord. 97-3792,
7-15-1997)
D. All complaints to the Board must be
filed with the City Clerk within ninety (90) days of
the alleged misconduct.
E. Only those complaints to the Board
which do not involve the conduct of an Iowa City
sworn police officer or are not filed within ninety
(90) days of the alleged misconduct may be
subject to summary dismissal by the Board.
(Ord. 99-3877, 4-20-1999).
SECTION III. AMENDMENT. The City Code
shall be amended by deleting Section 8-8-4 and
substituting the following in lieu thereof:
8-8-4: FORMAL MEDIATION:
A. Formal mediation shall be the
responsibility of the Board, and shall be available
to the complainant(s) and police officer(s) at any
stage of the process upon consent of all involved
parties and as provided by the Board. Upon the
filing of a PCRB complaint, all complainants shall
be informed that formal mediation is available. A
complainant may also meet informally with the
police officer and the watch commander of the
police officer if the complainant wishes to do so.
B. If a PCRB complaint is successfully
mediated, the terms of the mediation agreement
shall be set forth in writing, and shall be kept
confidential to the extent allowed by law; but the
status of settlement shall be maintained in the
Board's central registry for reporting in the
Board's annual report. There shall be no
retaliation against police officers who choose not
to mediate. (Ord. 97-3792, 7-15-1997).
SECTION IV. AMENDMENT. The City Code
shall be amended by deleting Section 8-8-5 and
substituting the following in lieu thereof:
8-8-5: POLICE DEPARTMENT AND POLICE
CHIEF INVESTIGATORY DUTIES; CITY
MANAGER INVESTIGATORY DUTIES:
A. Complaints: The Police Department
shall forward copies of all PCRB complaints
received to the Board. If the complaint concerns
the Police Chief, a copy of the complaint shall
also be forwarded to the City Manager.
B, Investigation: It shall be the
mandatory duty of the Police Chief to do the
following:
Ordinance No. 01-3976
Page 6
1. Prior to investigation of any PCRB
complaint. the Police Chief shall first
give Garrity and Gardner advice to
all police officers implicated in the
complaint, as required by
constitutional law. This means the
officer cannot be required to waive
the officer's constitutional dght
against selfoincrimination. However,
the officer may be required to
answer questions during the
investigation as a condition of the
officer's employment, but any
admissions made by the officer
cannot be used against the officer in
a criminal proceeding.
2. Notify the complainant and the
police officer who is the subject of
the complaint that formal mediation
is available at any time during the
Police Department's investigation
and the Board's review. The Police
Chief may also notify the
complainant that the complainant
may meet informally with the police
officer and the watch commander of
the police officer if the complainant
wishes to do so.
3. Assign the PCRB complaint to
designated investigators within the
Police Department for investigation
into the factual allegations of the
complaint.
4. The complainant shall be
interviewed by the Police
Department and shall be entitled to
have a neutral City staff person or
some other person chosen by the
complainant present during the
interview. The police officer is
entitled to have a union steward
present during any interviews.
5. investigators will prepare and
fortyard a report of their investigation
to the Police Chief, and shall make
detailed findings of fact as to the
allegations in the complaint, and
shall also set forth a written
conclusion which explains why and
the extent to which the complaint is
either "sustained" or "not sustained".
C. Legal Advice: If litigation, including
criminal charges, relating to the matter of the
PCRB complaint is commenced or is being
contemplated by or against any par'h/to the
complaint, the Police Department, the Police
Ordinance No. 01-3976
Page 7
Chief and/or the Board shall consult with the City
Attorney and/or the Board's own attorney on a
case-by-case basis, to determine whether and
how the investigation of the PCRB complaint
should proceed.
D. Complaints Against Police Chief: If a
PCRB complaint is filed concerning the Police
Chiefs conduct, the City Manager shall
investigate or cause an investigation to be
completed.
E. Disciplinary Action: Nothing in thi.s
Chapter shall prevent the Police Chief or the City
Manager from taking disciplinary action prior to
the Board's review of the PCRB complaint. (Oral.
97-3792, 7-15-1997)
SECTION V. AMENDMENT. The City Code
shall be amended by deleting Section 8-8-6 and
substituting the following in lieu thereof:
8-8.6: POLICE CHIEF'S REPORT TO THE
BOARD; CITY MANAGER'S REPORT TO THE
BOARD:
A. The Police Chief shall receive the
designated investigators' report within the time
frame indicated by the Police Chief, The Police
Chief shall conduct a review of the investigators'
report, and may do any or all of the following:
conduct interviews or request the police
investigators to conduct additional investigations;
request additional information, or that additional
questions be asked; interview or direct that other
persons or witnesses be interviewed; request
that other documents be reviewed and/or
retrieved; and any other investigative matters the
Police Chief deems appropriate.
B. The Police Chief will consult with the
City Personnel Administrator and the City
Attorney prior to finalizing the Police Chiefs
report to the Board, and shall then fon~vard this
report to the Board, which shall include the
following:
1. Detailed written findings of fact
concerning the allegations in the
PCRB complaint;
2. A written conclusion which explains
why and the extent to which the
PCRB complaint is either
"sustained" or "not sustained"; and
3. Recommended remedial actions, if
any, including amending current
policies or adopting new policies.
C. The Police Chiefs report to the
Board shall not include discipline or personnel
matters.
D. A copy of the Police Chiefs report to
the Board shall be given to the police officer, the
complainant, and the City Manager. If the PCRB
Ordinance No. 01-3976
Page 8
complaint concerns the Police Chief, copies of
the City Managers report to the Board shall be
given to the Police Chief, the complainant, and
the City Council. (Ord. 97-3792, 7-15-1997)
E. The Police Chiefs report to the
Board shall be completed within ninety (90)
calendar days after the PCRB complaint is filed.
The Board may grant extensions from this
deadline for good cause shown. (Ord. 99-3877,
4-20-1999)
F All investigations shall be performed
in a manner designed to produce a minimum of
inconvenience and embarrassment to all parties-
including the complainant, the police officer, and
other witnesses.
G. If a PCRB complaint is filed
concerning the Police Chief, the City Managers
report shall include the same findings of fact and
conclusions as required for the Police Chiefs
report to the Board. (Ord. 97-3792, 7-15-1997)
SECTION VI. AMENDMENT. The City Code
shall be amended by deleting Section 8-8-7 and
substituting the following in lieu thereof:
8-8-7: DUTIES OF THE BOARD; COMPLAINT
REVIEW AND GENERAL DUTIES:
A. Complaints: The Board shall forward
copies of all PCRB complaints received to the
Police Chief for investigation; or where the
PCRB complaint concerns the Police Chief,
forward a copy of the PCRB complaint to the City
Manager for investigation.
B. Review Of Police Chiefs Report Or
City Managers Report:
1. The Board shall review all Police
Chiefs reports and City Managers
reports concerning PCRB
complaints. The Board shall decide,
on a simple majority vote, the level
of review to give each Police Chiefs
or City Managers report, and the
Board may select any or all of the
following levels of review:
a. On the record with no
additional investigation;
b. Interview/meet with
complainant;
c. Interview/meet with named
officer(s) and other officers;
d. Request additional
investigation by the Police
Chief or City Manager, or
request police assistance in
the Board's own
investigation;
e. Performance by Board of its
own additional investigation;
Ordinance No. 01-3976
Page 9
f. Hire independent
investigators.
2. The Board shall apply a "reasonable
basis" standard of review when
reviewing the Police Chief's or City
Managers report. This requires the
Board to give deference to the
Police Chief's or City Manager's
report because of the Police ChieFs
and City Managers respective
professional expertise. The Board
may recommend that the Police
Chief or City Manager reverse or
modify their findings only i~
a. The findings are not
supported by substantial
evidence;
b. The findings are
unreasonable, arbitrary or
capricious; or
c. The findings are contrary to
a Police Department policy
or practice, or any Federal,
State, or local 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 or police practices,
policies, or procedures, 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
pursuant to Section 8-8-7(B)(4) hereof.
When collecting and reviewing additional
evidence, the Board shall rely on
evidence which reasonably prudent
persons are accustomed to rely upon in
the conduct of their sedous affairs. (Ord.
98-3865, 12-15-1998)
3. At the conclusion of the Board's
review, the Board shall issue a
public report to the City Council
concerning the PCRB complaint
investigation. Such public report
shall include detailed findings of fact
concerning the PCRB complaint,
together with a clearly articulated
conclusion which explains why and
the extent to which the complaint is
"sustained" or "not sustained". If the
complaint is "not sustained", the
public report shall not include the
names of the complainant(s) or the
Ordinance No. 01-3976
Page 10
police officer(s). If the complaint is
"sustained" the Board may include
the names of the complainant(s)
and/or the police officer(s) if it
determines that the public interest in
such disclosure outweighs the public
harm and privacy interests of the
complainant(s) and/or police
officer(s). Said determination shall
be made in wdting and shall state, in
detail, the Board's reasons for such
determination. The Board shall notify
the person(s) whose name(s) it
intends to disclose, the City Attorney
and the Police Chief (or City
Manager if the Police Chief is the
subject of the complaint), of its intent
to make such disclosure by
confidential written communication
sent by regular mail or hand delivery
at least ten (10) working days prior
to such disclosure. In addition, the
Board's public report shall not
include any discipline or personnel
matters, although the Board may
comment generally as to whether
the Board believes discipline is
appropriate without commenting on
the extent or form of the discipline. A
copy of this public report to the City
Council shall be given to the
complainant(s), the police officer(s).
the Police Chief and the City
Manager. (Ord. 99-3891, 7-13-1999)
4. The Board shall not issue a report
which is critical of the sworn police
officer's conduct until after a "name-
clearing hearing" has been held,
consistent with constitutional due
process law. The Board shall give
notice of such hearing to the police
officer so that the officer may testify
before the Board and present
additional relevant evidence. The
Board shall be responsible for
protection of all State and Federal
rights enjoyed by the officer. The
officer may waive the right to this
headng upon wdtten waiver
submitted to the Board. (Ord. 98-
3855, 12-15-1998)
5. If the Board's report is not critical of
the officers conduct, the Board is
not required by law to offer a hearing
to the officer, but the Board may
hold hearings as deemed
Ordinance No. 01-3976
Page 11
appropriate by the Board. (Ord. 97-
3792.7-15-1997)
6. The Board's report to the City
Council shall be completed within
fody five (45) calendar days of
receipt of the Chiefs or City
Manager's report. The City Council
may grant requests for extensions to
this deadline upon good cause
shown. (Ord. 99-3877, 4-20-1999)
7. Nothing in this Chapter shall in any
way impede or interfere with the
Police Chief's and the City
Managers lawful ability to perform
their personnel supervisory duties
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
with the Iowa City Police
Department.
2. Collect data and do an annual report
to the City Council which shall be
public and shall set forth the general
types and numbers of complaints,
disposition of the complaints, the
discipline which was imposed, if any,
and demographic information. This
annual report shall not include the
names of the complainants or
officers involved in complaints which
were not sustained, and shall
otherwise be in a form which
protects the confidentiality of the
parties while providing the public
with information on the overall
performance of the PoPice
Department. :l:he Board's annual
report may also include
recommended changes in police
practices, policies or procedures.
3. In addition to the annual report, the
Board shall, from time to time, report
to the City Council on police
practices, procedures and policies.
including recommended changes, if
appropriate.
Ordinance No. 01-3976
Page 12
4. The Board shall adopt procedural
rules and bylaws governing the
Board's activities, including the
receipt and processing of
complaints, and such procedural
rules and bylaws shall be approved
by the City Council. lord. 97-3792,
7-15-1997)
SECTION VII. AMENDMENT. The City Code
shall be amended by deleting Section 8-8-8 and
substituting the following in lieu thereof:
8-8-8: BOARD COMPOSITION; LIMITED
POWERS OF THE BOARD:
A. Board Composition:
1. The Board shall consist of five (5)
members appointed by the City
Council, who shall be Iowa City
eligible electors and shall serve
without compensation. The City
Council shall strive to appoint
members who represent the
diversity of the community,
Appointments to the Board shall
include one current or former "peace
officer" as that term is defined by
State law. The City Council reserves
the right to waive the residency
requirement for good cause shown.
The City Council also reserves the
right, for good cause shown, to
waive the requirement that the
Board include one current or former
peace officer.
2. Following final adoption and
publication of Ordinance 97-3792,
the City Council shall appoint
members to the Board for staggered
terms. All appointments shall be for
a four (4) year term, except for the
initial appointments which shall be
as follows:
a. One person appointed for a
two (2) year term.
b. Two (2) persons appointed
for three (3) year terms.
c. Two (2) persons appointed
for four (4) year terms,
3. Training shall be available to all
Board members to enable them to
perform the duties imposed herein,
including training on Iowa's public
records and open meetings laws.
B Limited Powers: The Board shall
have the following limited powers:
1. On its own motion, by a simple
majority vote of all members of the
OrdinanceNo. 01-3976
Page 13
Board, the Board may file a PCRB
complaint.
2. The Board shall decide the level of
review to give the Police Chiefs or
City Manager's report by a simple
majodty vote of all members of the
Board.
3. The Board has no power to review
police officer personnel records or
disciplinary matters except to the
extent such matters are made public
by the City Attorney.
4. The Board has only limited civil,
administrative review powers, and
has no power or authority over
cdminal matters. The Board is not a
court of law, and is not intended to
substitute as a tort claims procedure
or as litigation against the City.
5. If criminal charges are brought or
are being considered against a
particular police officer(s), the
Board's review or investigation may
proceed with interviewing other
officers or witnesses, or collecting
documents, as appropriate. Any
statements given by an officer who
is subject to criminal investigation
cannot later be used against the
officer in a criminal proceeding, as
provided under the Fifth Amendment
to the U.S. Constitution, unless such
constitutional right is waived.
6. The Board may obtain outside
counsel and independent
investigators in order to carry out the
Board's duties.
7. The Board may request that the City
Council hold general public
informational hearings concerning
Police Department practices,
procedures or written policies. (Ord.
97-3792, 7-15-1997)
SECTION VIII. AMENDMENT. The City Code
shall be amended by deleting Section 8-8-10 and
substituting the following in lieu thereof:
8-8-10: COUNCIL REVIEW: On or before
August 1. 2003 and every two years thereafter
the City Council shall evaluate the effectiveness
of the Board in light of the goals and principles
set forth in Section 8-8-2. (Ord. 97-3792, 7-15-
1997)
SECTION IX. REPEALER. Alt ordinances
and parts of ordinances in conflict with the provi-
sions of this Ordinance are hereby repealed.
OrdinanceNo, 01-3976
Page 14
SECTION X. 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 uncensti-
tutional.
SECTION XI. EFFECTIVE DATE. This
Ordinance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this 10th day of
July ,20 01 ,
City Attorneys Office
eleanor~on:~PCRB 7-20rd
Ordinance No. 01-3976
Page 15
It was moved by Champi on and seconded by Wi 1 burn that the Ordinance
as read be adopted, and upon roll call thero were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
First Consideration 6/26/01
Voteforpassage: AYES: Kanner, Lehman, 0'Donne'l], W'ilburn, Champion. NAYS:
Pfab, Vanderhoef. ABSENT: None.
Second Consideration 7/9/01
Voteforpassage;AyES: Champion, Kanner, Lehman, O'Donne]'l, Pfab, W'i]burn.
NAYS: Vanderhoef. ABSENT: None.
Date published 7/18/01
Ordinance amending Title 8, Chapter 8 of the City Code entitled "Pofice Citizens Review
Board" to distinguish, in accordance with actual practice, between complaints made to
the Board and complaints made to the Iowa City Po~ce Department, to allow the Board to
reviewcomment on officer action and police practices, procedures~ and written policies
only at the request of the City Council, City Man3ger, or Po~ce Chief and to allow the
Board to comment on aspects ofre.qardin.q an incident~vith which it is concerned
notwithstanding its affirmance of the Police Chief or City Manager's repqrt in accordance
with the reasonable basis standard of rc:'.;c:'.'. /
allowincl the Board to request that the City hold qeneral
pofice activities.
Title 8, entitled "Police Citizens Review Board" shall bE as follows:
(revisions to ade in ordinance form before second reading)
CHAPTER 8
POLICE CITIZENS
8-8-t: CREATION ;ITIZENS
As permitted under Iowa's home creates a Police Citizens Review
Board, to be hereafter referred to "Board", SL tO the duties and limited powers set
forth herein. (Ord. 97-3792, 7-15-1997
8-8-2: INTENT, GOALS AND GUIDING
A. Investigations into claims of ina by sworn police officers will be conducted
in a manner which is fair, thorough, and accur
B. An annual reporting system re ints against sworn police officers will be
established to give the City ion to assess the overall performance of
the Iowa City Police Department in the matters.
C. Citizens may make a complaint to either the Board or the Iowa City
Police Department. In; cc with this Chapter th Board shall process only those
complaints filed with the but will receive repo from the Police Chief briefly
describing the nature ' tj ations made in formal 'tten complaints filed with the
p< 'ice department it ~ rtion of the same.
D. The Board will:
1. Oversee a ~n g system for tracking receipt of ormal complaints lodged
against police officers with either the Board the Iowa City Police
2. ~oPv~ iht of police investigations thro investigations; (Ord.
97-3 2, 7-15-1997) \,
tional law, and give the police officer the opportunity to present testimony and
evidence; (Ord. 98-3865, 12-15-1998) :~
4. Issue a final public report to the City Council on each complaint to the Board tc the
City Council which sets forth factual findings and a written conclusion which explains
why and the extent to which the complaint is either "sustained" or "not sustained".
Legal\eleanor\ord\pcrbupd .doc I
DE The Board shall have no authority over police disciplinary matters because only the Police
Chief or City Manager may impose discipline under Iowa law.
E-F. No findings in the Board's report shall be used in any other legal proceeding.
The Board shall only review the conduct of sworn police officers and shall only act in a civil,
not 'iminal, capacity. The Board is not intended to be a court of law, a tort claim process or
oth tigation process. No action of the Board shall be deemed to diminish or limit the right of
claim or a lawsuit against the City.
GH. A ~laint to the Board may be filed by any person with al knowledge of an
incident. .onal knowledge" means the complainant was directly Ived in the incident or
:ident. If the person with personal knowledge is undE or otherwise unable
to complete a 'nplaint form, the complaint may be filed by persoWs designated
representative. Manager, the Police Chief, the City Cou or the Board may file a
complaint to upon a reasonable belief that misconduct has occurred
regardless of owledge.
HI. In order to assure ! feel confident in the process, nonpolice City staff
shall be available at a location other than the Poll Department to receive complaints,
although complaints may filed at the Police Formal mediation shall be
available to the complainant(s) police officer any time during the process.
~J. The Board shall not interfere :h or diminisl legal rights of sworn police officers,
including those rights protected ~e union c Civil Service Commission, and State
and Federal law. Similarly, the the rights of privacy and freedom from
defamation shared by complainants as well as those same rights enjoyed by
police officers under the law.
JK. The City Council finds that internal a tability within the Police Department is a valid
legislative purpose, and one method ing such internal accountability is to have the
police do their own investigations ~ppropriate police conduct. If a complaint is
asserted against the Police Chief, the will investigate the claim and report to the
Board and the City Council.
KL. Investigation of all formal com the Board I a mandatory duty of the Police Chief,
and a report of each complaint i ation shall be giv n to the Board. Such reports to the
Board shall include the factual ~r ; of the Police Ch f as well as a written conclusion
explaining why and the exten to which a complaint is eit r "sustained" or "not sustained".
However, such reports shall t include discipline or other per nnel matters. If the Police Chief
and the City Manager find e police officers actions constit e misconduct and discipline is
imposed by the Police Ch' f or City Manager, the internal affai investigation may become a
Police Chief shall ovide the Board with a report at least quarter, of all formal complaints
investigations sha 9 reviowed by the Board and repoded to the Ci Council filed directly
complaint.
MN. External accountability will further be provided by the Board's maintenance of a central
registry of all formal complaints. In addition to the central registry, the Board shall provide an
annual report to the City Council, which report shall be public and shall set forth the general
types and numbers of complaints, how they were resolved, demographic information, and
Legal\c]eanofiord\pcrbupd.doc 2
recommendations as to how the Police Department may improve its community relations or be
more responsive to community needs.
NO. At the request of the City Council, City Manager or l~olice Chief tThe Board shall have
overs~ authority to review police practices, procedures, and written policies as those
~ and procedures relate to the Police Department's performance as a whole, and shall
report ' recommendations, if any, to the City Council, and Police Chief
same :ity Council, including any recommended changes. (Ord. 97-3 7-15-1997).
8-8-3: N OF COMPLAINT; COMPLAINT PROCESS IN GB
A. A "corn the Board' or "PCRB Complaint" is an alleg; of misconduct lodged
against a sworn officer ("police officer" or "officed') emplc by the Iowa City Police
Department, where complained-of activity occurred while officer was acting in the
capacity of a sworn . officer.
B. Any person with knowledge of the alleged misconduct may file a PCRB
complaint with the Board or the Iowa City Police Di In order to have "personal
knowledge", the complainant have been directly i~ in the incident or witnessed the
incident. If the person with knowledg or otherwise unable to complete a
PCRB complaint form, the complaint filed by such persoWs designated
representative. The Cit, Police Chief ' Council or the Board itself may file
a PCRB complaint based on a le solice misconduct has occurred regardless
of personal knowledge. The person the PCRB complaint may hereafter be
referred to as the "complainant".
C. All complaints ~leaLwith to the Board } Iowa City Police Dopartment shall be in writing
and on forms provided by the Board. Con forms shall be available to the public in easily
accessible locations, and nonpolice available to receive the complaint forms.
Assistance may be available to complE Inated by the Board. (Ord. 97-3792,
7-15-1997)
D. All complaints to the Board n filed with t Clerk either tho Board or the Iowa
City Police Department within nir days of the ed misconduct.
E. Only those complaints to conduct of an Iowa City sworn
police officer or are ninety (90) days of ~ed misconduct may be subject to
summary dismissal by the 99-3877,
8-8-4: FORMAL MEDII
A. Formal be the responsibility of the Board,\nd shall be available to the
complainant(s) and officer(s) at any stage of the process~lpon consent of all involved
parties and as by the Board. Upon the filing of a PCRB 'Complaint, all complainants
shall be mediation is available. A complainant'fnay also meet informally
with the police and the watch commander of the police officer if the complainant wishes
to do so.
B. If a y mediated, the terms of the mediation agreement shall be
set forth in vand shall be kept confidential to the extent allowed by law; but the status of
settlement be maintained in the Board's central registry for reporting in the Board's annual
report. shall be no retaliation against police officers who choose not to mediate. (Ord. 97-
3792, 7-
8-8-5:/'POLICE DEPARTMENT AND POLICE CHIEF INVESTIGATORY DUTIES; CITY
MANAGER INVESTIGATORY DUTIES:
Legal\eleanor\ord\pcrbupd.doc 3
A. Complaints: The Police Department shall forward copies of all PCRB complaints received to
the Board. If the complaint concerns the Police Chief, a copy of the complaint shall also be
forwarded to the City Manager.
B. Investigation: It shall be the mandatory duty of the Police Chief to do the following:
1. Prior to investigation of any PCRB complaint, the Police Chief shall first give Garrity
and Gardner advice to all police officers implicated in the complaint, as required by
constitutional law. This means the officer cannot be required to waive the officer's
', constitutional right against self-incrimination. However, the officer may b required to
answer questions during the investigation as a condition of the officers mployment,
a the Board's review. The Police Chief may also notify the/complainant that the
co lainan~ may meet informally with the police officer and We watch commander of
the p 'ce officer if the complainant wishes to do so.
3. Assign th CRB complaint to designated investigators ,~ithin the Police Department
for investiga 'on into the factual allegations of the compP&int.
4. The complainan shall be interviewed by the Police ~epartment and shall be entitled
,ity staff person or some other p~rson chosen by the complainant
present during the The police officer jS entitled to have a union steward
present during any
5. Investigators will forward a of their investigation to the Police
Chief, and shall findings of the allegations in the complaint,
and shall also set forth a en conclu }n which explains why and the extent to
which the complaint is either ",' sustained".
C. Legal Advice: If litigation, including crirT charges, relating to the matter of the PCRB
complaint is commenced or is being contern by or against any party to the complaint, the
Police Department, the Police Chief and/o~ trd shall consult with the City Attorney and/or
the Board's own attorney on a case- to determine whether and how the
investigation of the PCRB
D. Complaints Against Police a PCRB ~ is filed concerning the Police Chief's
conduct, the City Manager shall in ate or cause an ation to be completed.
E Disciplinary Action: in this Chapter shall the Police Chief or the City
Manager from taking discipli action prior to the Board's re,.,~w of the PCRB complaint. (Ord.
97-3792, 7-15-1997)
8-8-6: POLICE REPORT TO THE BOARD; CITY MAI~GER'S REPORT TO THE
BOARD:
indicated by the li
investigators i I
additional ions be asked; interview or direct that other persons'd~,or witnesses be
interviewed; that other documents be reviewed and/or retrieve , and any other
inw Police Chief deems appropriate.
Legal\eleanor\ord\pcrbupd.doc 4
B. The Police Chief will consult with the City Personnel Administrator and the City Attorney prior
to finalizing the Police Chiefs report to the Board, and shall then forward this report to the
Board, which shall include the following:
1. Detailed written findings of fact concerning the allegations in the PORE1 complaint;
2. A written conclusion which explains why and the extent to which the PER.8 complaint
is either "sustained" or "not sustained"; and
Recommended remedial actions, if any, including amen ing current policies or
doptin~ new policies.
C. fs report to the Board shall not include discipline o personnel matters.
D. A copy of the ,lice Chiefs report to the Board shall be giv n to the police officer, the
the City Council. (Ord. 7-15-1997)
E. The the Board shall be com ninety (90) calendar days
after the PCRB complaint is The Board may grant ; from this deadline for good
cause shown. (Ord. 99-3877
F All investigations shall be in a manne~ ned to produce a minimum of
inconvenience and embarrassment to the complainant, the police officer,
and other witnesses.
G. If a PCRB complaint is filed concern~r Chief, the City Manager's report shall
include the same findings of fact and cc required for the Police Chiefs report to the
Board. (Ord. 97-3792, 7-15-1997)
8-8-7: DUTIES OF THE BOARD; COMPLAIN' GENERAL DUTIES:
A. Complaints: The Board shall forward co plaints received to the Police
Chief for investigation; or where the PCRB the Police Chief, forward a copy
of the PCRB complaint to the City Manag~
B. Review Of Police Chiefs Report Or gefs Repo~
1. The Board shall review Police Chiefs repo and City Manager's reports
may select any or all ~ levels of review:
a. On the record no additional investigation; '...~,
b. : with complainant;
c. ~et with named officer(s) and other o~cers;
d. additional investigation by the Police Chief or"City Manager, or
Board's own investigation; "
e. Per mance by Board of its own additional investigation; ,
f. pendent investigators.
2. The d shall apply a "reasonable basis" standard of review when reviewing the
Police Chiefs or City Manager's repo~. This requires the Board to give deference to
LegalXe]eanorXord~pcrbupd.~oc 5
the Police Chief's or City Manager's report because of the Police Chief's and City
Manager's respective professional expertise. The Board may recommend that the
Police Chief or City Manager reverse or modify their findings only if:
a. The findings are noteasupported by substantial evidence;
b. The findings are unreasonable, arbitrary or capricious; or
c. The findings are contrary to a Police Department policy ' practice, or any
Federal, State, or local law.
If, , with said standard, the Board affirms the de~ of the Police
Chief City Manager with respect to the allegations misconduct but
s has concern about the officer's conduct or ~, i~olicies,
or it may so comment in its report to Council. If such
of the officer's conduct the Board the officer a
name-clearing pursuant to Section 8-8-~
When collecting reviewing additional evidence, Board shall rely on evidence
which reasonably ~t persons are accustomed upon in the conduct of their
serious affairs. (Ord. 12-15-1998)
3. At the conclusion the shall issue a public report to the
City Council concerning PCRB complai~ ation. Such public report shall
include detailed findings act concernir the PCRB complaint, together with a
clearly articulated which why and the extent to which the
complaint is "sustained" or If the complaint is "not sustained", the
public report shall not inclu of the complainant(s) er the police
officer(s). If the complaint is rt" the Board may include the names of the
complainant(s) and/or the police if it determines that the public interest in
such disclosure outweighs th~ dic harm and privacy interests of the
complainant(s) and/or police aid determination shall be made in writing
and shall state, in detail, ~s for such determination. The Board shall
notify the person(s) whose n; it to disclose, the City Attorney and the
Police Chief (or City Manage the P subject of the complaint), of its
intent to make such disclo= by confidentia communication sent by regular
mail or hand delivery at ten (10) days prior to such disclosure. In
addition, the Board's report shall not Jde any discipline or personnel
matters, although the may comment as to whether the Board
believes discipline is ppropriate without on the extent or form of the
discipline. A copy this public report to the Cit~ ouncil shall be given to the
complainant(s), th~ ~lice officer(s), the the City Manager. (Ord. 99-
3891
4. The Board sh-' not issue a report which is critical of t sworn police officer's
conduct until ! era "name-clearing hearing" has been held, consistent with
constitutional ~1. process law. The Board shall give notice such hearing to the
police office so that the officer may testify before the Board a present additional
relevant ev' ence. The Board shall be responsible for protecti of all State and
Federal ri ts enjoyed by the officer. The officer may waive the ri t to this hearing
upon writ n waiver submitted to the Board. (Ord. 98-3865, 12-15-19 8)
. r · , ', , .;q.
appr he Board (Ord 97 3792 7 15 1997)
Legal\eleanor\ord\pcrbupd.doc 6
6. The Board's report to the City Council shall be completed within forty five (45)
calendar days of receipt of the Chief's or City Manager's report. The City Council
may grant requests for extensions to this deadline upon good cause shown. (Ord.
99-3877, 4-20-1999)
7. Nothing in this Chapter shall in any way impede or interfere with the Police ChieFs
and the City Manager's lawful ability to perform their personnel supervisory duties
over sworn police officers, including the ability to impose discipline as deemed
by the Police Chief or City Manager.
8. dings or report submitted to the Board or prepared by the Board be used
in an proceedings.
C. General Powers Duties: The Board shall also carry out the following dt
1. Maintain a registry of written complaints filed with or with the
Iowa Department.
2. Collect data and an annual report to the City Council shall be public and
shall set forth meral types and numbers of ~laints, disposition of the
complaints, imposed, if any, demographic information.
This annual report not include the names complainants or officers
involved in complaints were not sustained, shall otherwise be in a form
which protects the of the providing the public with
information on the overall of the Department. If the Board has
been requested b / the City or I~olico Chief to review a
police practice annual report may also include
recommended changes in such ,lice policies or procedures.
3. In addition to the annual report, Council, City Manager
or Police Chief, the Board shall, to time, report to the City Council on
police practices, procedures and including recommended changes, if
appropriate.
4. The Board shall adopt procedur an bylaws governing the Board's activities,
including the receipt and pro ,,' of com laints, and such procedural rules and
by aws sha be approved .~pO~ty Council rd 97;792 7 15 1997)
8-8-8: BOARD COMPOSITION LII WERS ~!O RD ' ' '
; :
A. Board Composition:
1. The Board shall cons of five (5) members appointed by the City Council, who shall
be Iowa City eligibl~ hall serve without ~ompensation. The City Council
shall strive to al members who represent the\diversity of the community.
Appointments to Board shall include one current or Nrmer "peace officer" as that
term is State law. The City Council reserv~es the right to waive the
residency for good cause shown. The City ~;ouncil also reserves the
right, for gc cause shown, to waive the requirement that the Board include one
CurFoRt or cer.
,
2. final adoption and publication of Ordinance 97-3792 e:~ity Council shall
apl: members to the Board for staggered terms. All appoi'nt ents shall be for a
(4) year term, except for the imt~al appo;ntments which shall b as follows:
a. One person appointed for'a'~vo (2) ear term. '
b. Two (2) persons appointed for three (3) year terms.
c. Two (2) persons appointed for four (4) year terms.
LegaI\eleanor\ord\pcrbupd.doc 7
3. Training shall be available to all Board members to enable them to perform the
~ duties imposed herein, including training on Iowa's public records and open meetings
laws.
B. The Board shall have the following limited powers:
1. ts own motion, by a simple majority vote of all members of the Board, the Board
lea PCRB complaint.
2. The rd shall decide the level of review to give the Police CI' ef's or City
Mana report by a simple majority vote of all members of the Board
3. The Board no power to review police officer personnel pJinary
matters exce such matters are made public by the ~ Attorney.
4. The Board limited civil, administrative review has no power or
authority over matters. The Board is not a court of I; and is not intended to
substitute as a tort ms procedure or as litigation again
5. If criminal charges 'ht or are being against a particular police
officer(s), the Board's or investigation with interviewing other
officers or witnesses, .=cting documents, a: ~ropriate. Any statements given
by an officer who is subject ~ criminal investig cannot later be used against the
officer in a criminal proceedin as provided the Fifth Amendment to the U.S.
Constitution, unless such dved.
6. The Board may obtain outside independent investigators in order to
carry out the Board's duties.
7. The Board may request that the Council hold general public informational
hearings concerning Police Dep practices, procedures or written policies=~
and such hearings will bo 3ard shall then report the results of such
general informational hearing~ ;ouncil, as the Board deems appropriate.
(Ord. 97-3792, 7-15-1997)
8-8-9: POLICE OFFICER'S AND C, ITS PRESERVED:
A. All rights enjoyed by sworn officers em by the City are preserved in this
Chapter, and nothing herein ' to waive, or interfere with any such rights
protected by the union Iowa's Civil Service laws and other applicable
State and Federal laws.
B. All common law enjoyed by complainants and officers, such as privacy and
freedom from shall be protected during the set out in this Chapter, and it
shall be the Board's protect said rights.
C. Notwithstandjt(g the above provisions, no Board liable to any person for
damages or eg(Jitable relief by reason of any investigation or ition or report made
by either a ,~ja~rd member or by the Board itself. (Ord. 97-3792, ~.,
8-8-10: 8,1J'NSET CLAUSE:
the City Council shall evaluate the effectiveness of the Board in light of the goals and
principles set forth in Section 8-8-2. (Ord. 97-3792, 7-15-1997)
8-8-11: TIME COMPUTATION:
Legal\eleanor\ord\pcrbupd.doc 8
In computing time under this Chapter, the first day shall be excluded and the last included,
unless the last falls on a Sunday, in which case the time prescribed shall be extended so as to
include the whole of the following Monday. However, when the last day for the filing of a
· complaint or the completion of a report falls on a Saturday or Sunday, or ada on which the
fic~e of the City Clerk is dosed due to a City holiday, the time shall be extenc :te the
day on which the office of the Clerk is open to receive the filing of acom or the report.
(Ord. - , - -
Legal\eleanor\ord\pcrbupd.doc 9
Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 1319)356-5053
ORDINANCE NO. 01-3977
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 WASTEWATER SERVICE CHARGES AND FEES IN IOWA CITY, IOWA.
WHEREAS, pursuant to Chapter 384, Code of Iowa (1999), the City of Iowa City is authorized to
establish and provide for the collection of rates to pay for the City's utility systems, including the City's
wastewater treatment facility system; and
WHEREAS, wastewater rates, which were last increased in 2000, are proposed to be increased to
generate adequate revenues to pay the costs of operation, maintenance, necessary expansion and debt
service for the City's wastewater treatment facilities; and
WHEREAS, the City of Iowa City is required to comply with federal wastewater treatment standards,
and is planning to make improvements to double the treatment capacity of the existing South
Wastewater Treatment Plant; and
WHEREAS, wastewater rates for fees and charges will fund these projects over time; and
WHEREAS, the Iowa City City Council proposes to increase wastewater user fees by 5% for billings
on or after August 1, 2001 to finance the necessary improvements.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. AMENDMENT. Title 3, Chapter 4, Section 4, entitled "Wastewater Treatment Works User
Charges," of the City Code should be and is hereby amended by repealing Section 3-4-4 and enacting
in lieu thereof a new section 3-4-4 entitled "Wastewater Treatment Works User Charges" to read as
follows:
Ordinance No. 01-3977
Page 2
3-4-4: WASTEWATER TREATMENT WORKS USER CHARGES:
Sanitary Sewer Service Charges; Amount of Fee, City Code
Description of Fee, Charge, Bond, Charge, Bond, Chapter, Article or
Fine or Penalty Fine or Penalty Section Reference
Minimum Monthly Charge (includes the First $ 7.18 14-3A-4
100 Cu. Ft. of Water Used)
Monthly Charge for Each Additional 100 Cu. Ft. 3.52 14-3A-4
of Water Used
Monthly Surcharge
BOD (per pound) 300 or less MPL* Included in
charge for 100 14-3A-4
cu.ft. of water
3used
BOD (per pound) from 301 MPL to 2000 MPL* .25 14-3A-4
BOD (per pound) greater than 2000 MPL* .375 14-3A-4
Suspended Solids (SS) (per pound) .20 14-3A-4
Monthly Minimum, Unmetered User 29.42 14-3A-4
Manufactured Housing Park, Monthly Minimum 29.42 14-3A-4
Per Lot
Holding Tank Waste - plus landfill fees $ .03 per gallon 14-3A-4
Holding Tank Waste Hauler - Annual Permit $800 per year 14-3A-4
Deposit and Delinquency Fee for Combined City Water 14-3A-7
and/or Sanitary Sewer and/or Solid Waste Collection
Accounts
Residential owner account, per combined $ 0
residential service for City water and/or
sanitary sewer and/or solid waste collection
service
Residential tenant account, per combined resi- $80.00
dential service for City water and/or sanitary
sewer and/or solid waste collection service
Five (5) percent delinquency charge on current 5% current
billed portion of the outstanding amount on billed portion
combined water and/or sanitary sewer and/or
solid waste account that is not paid within
twenty-two (22) days of billing date.
Delinquency Deposit Fee for Combined City Water An amount 14-3A-5
and/or Sanitary Sewer and/or Solid Waste Collection equal to an aver-
Accounts age two-month
billing for the
delinquent
account
*Milligrams per liter (MPL)
Ordinance No. 01-3977
Page 3
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
publication, to be collected as set forth in §14-3A-4, City Code.
~2/~/this 10th day of~]u]y,2001.
ATTEsT, .
City Attorney's Office
ol
Date
Ordinance No. 01-3977
Page 4
It was moved by Vanderhoef and seconded by 0' Donnel l that the Ordinance
as read be adopted, and upon roll cell there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
~ O'Donnell
X Pfab
X Vanderhoef
X Wilbum
First Consideration 6/12/01
Voteforpassage: AYES: Vanderhoef, Wi]burn, Champion, Kanner, Lehman,
O'Donne"l], Pfab. NAYS: None. ABSENT: None.
Second Consideration 6/26/01
Voteforpassage: AYES: Pfab, Vanderhoef, Wi]burn, Champion, Kanner, Lehman,
O'Donne'l]. NAYS: None. ABSENT: None.
Date published 7/18/01