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Home My WebLink About2015-11-25 Info PacketCITY COUNCIL INFORMATION PACKET CITY OF IOWA CITY www.icgov.org November 25, 2015 IPI Council Tentative Meeting Schedule NOVEMBER 30 WORK SESSIONS Strategic Planning Agenda and materials (See IP2 and IP3 from 11/19 info packet) I132 Orientation Agenda and materials MISCELLANEOUS IP3 Notice from Asst. City Attorney: ALPLA, Inc. Property Tax Appeal IP4 Press Release: Iowa City reminds property owners and tenants of sidewalk snow removal ordinance IP5 Housing Trust Fund Accepting Applications IP6 Memo from City Clerk: Convention and Visitors Bureau Annual Luncheon December 9 IP7 Civil Services Entrance Examination — Maintenance Worker II, Pools DRAFT MINUTES IP8 Telecommunications Commission: October 26 1-20 �r City Council Tentative Meeting Schedule SP1 .04 4! L:j :ii Subject to change November 25, 2015 CITY OF IOWA CITY Date Time Meeting Location Monday, November 30, 2015 1-6:30 PM Special Formal Meeting Ashton House Work Session Meeting 820 Park Road Strategic Planning and Orientation Tuesday, December 15, 2015 5:00 PM Work Session Meeting Emma J. Harvat Hall Formal Meeting Monday, January 25, 2016 4:00 PM Reception TBA 4:30 PM Joint Public Entities Meeting North Liberty 2015-2016 Council Orientation AGENDA November 30, 2015 Following Strategic Planning Session Ashton House A. ORGANIZATIONAL MEETING B. COUNCIL MEETINGS 1. Open Meetings / Open Records / Executive Sessions (pages 1-16) 2. Council Communications / E-mail 3. Meetings: Formal, Work Sessions, Special Budget Work Sessions (pages 17-18) 4. Ordinances / Resolutions / Motions (page 19) 5. Voting procedures 6. Posting and minutes 7. Planning & Zoning Ex parte communications; Consultation 8. Contact with staff (page 20) C. COUNCIL PACKETS/AGENDA PREPARATION 1. Agenda Prep/Distribution (pages 21-23) iPads (pages 24-25) 2. Late items / handouts 3. Board and Commissions applications / gender balance (pages 26-33) D. TECHNOLOGY 1. E-mail 2. Laserfiche 3. City Website (pages 34-35); City Code 4. General Communications Policy G. MISCELLANEOUS 1. Listening Posts (pages 36-37) 2. Business Cards 3. Tours 4. City Vehicles / Travel Policy 5. City Attorney Assignments 6. Resolutions (pages 38-40) 83-223 Serving on governing boards of agencies funded with city funds 00-117 Abstention when not required by conflict of interest 02- 243 Procedure for calling special meeting and establishing procedure s/councilmembeftmsition/orientation 115.doc Find additional The purpose of this publication is to provide general guidance on the Iowa information on Open Meetings Law, Code of Iowa Chapter 21. This law requires meetings of gov- ernmental bodies to be open to the public Cities often have questions about the Open Meetings online at applicability of this law to day -today city business The information contained www.iowaleague.org. here is designed to be general in nature and does not constitute legal advice. If there are specific legal questions about open meetings requirements, the city should contact the city attorney. The Iowa Open Meetings Law favors openness, so situations where the applicability of the law is unclear should be resolved on the side of openness Table of Contents Questions & Answers MeetingsGenerally...................................................................................2 Public Notice and Agendas......................................................................3 MeetingProcedures and Minutes............................................................4 500 SW 7th Street, Suite 101 Electronic Meetings Des Moines, IA 50309 ClosedMeetings Generally.......................................................................5 Phone (515) 244-7282 Fax (978) 367-9733 Procedure for Closing a City Council Meeting........................................6 www.iowaleague.org Closed Meeting Procedures and Minutes................................................7 ClosedMeeting on Personnel Issues........................................................7 ML-1 Enforcement.............................................................................................8 IOWA About the Iowa League of Cities.................................................................9 LEAGUE QfCITIES Page 7 Iowa League of Cities I October 2015 Meetings Generally The Iowa Open Meetings Law applies to governmental bodies, including city, county and state gov- ernments. Governmental body refers to a "board, council, commission or other governing body." The law also applies to "an advisory board, advisory commission, advisory committee, task force, or other body created by statute or executive order of this state or created by an executive order of a political subdivision of this state to develop and make recommendations on public policy issues." For cities, this law applies to the city council, as well as entities such as the planning and zoning commission, the board of adjustment, library board and the park and recreation commission. The law also applies to any entity organized under Code of Iowa Chapter 28E. [Code of Iowa 21.2] A meeting is "a gathering in person or by electronic means, formal or informal, of a majority of the members of a governmental body where there is deliberation or action upon any matter within the scope of the governmental body's policy-making duties." [Code of Iowa 21.2(2)] To conduct a meeting, a quorum (or majority) of the governing body must be present when there is discussion or deliberation on city business. Vacant positions must be included when calculating the number of council members that must be present for a quorum. [Code of Iowa 21.2 and Code of Exampks: If a five -member council has two vacancies, it needs a majority of the five (all three current mem- bers) to be present in order to conduct a meeting. If angular meeting is held and only two members of a five - member council attend, business cannot he conducted for lack of a quorum of the council A gathering of members of a governmental body for purely ministerial or social purposes when there is no discussion of policy or no intent to avoid the requirements of the open meetings law is not a meeting. [Code of Iowa 21.2] Exi mpk: Three council members of a five -member city council attend the same high scbool footballgame. They do not need to avoid each other, but should notget together during the game to discuss city business as this could constitute a meeting. Q: Are committee meetings that include the mayor and several council members required to be open meetings? Ordinarily committees that are created by a city are covered by and subject to open meetings law requirements. Example: A city council operating under the Mayor-Counal form (mayor and five council members) passes a motion to establish a budget committee, consisting of the mayor, two coup it members and the city finance officer It may be argued that this committee would be subject to open meetings requirements and an opinion should be sought from the city attorney on whether or not that is the case. Are work sessions or retreats where the council discusses, but does not take any action on items, subject to the open meetings law requirements? Yes, if a majority of the council is present and they are discussing or deliberating on city business. The fact that the council is deliberating on city policy is sufficient to make the gathering an open meeting. It is not necessary that the council take action or vote to make the gathering into a meet- ing under Iowa law. Iowa League of Cities 3 1 Open Meetings 2015 Public Notice and Agendas Meetings of governmental bodies must be preceded by public notice. Public notice is given by de- livering a copy of the public notice to those in the media who have requested it and by posting the public notices in a prominent place in the city office. Many cities post notice on a bulletin board in city hall or on the door. If the city does not have a city hall, they can post notice in the building where the meeting will be held. Public notice must give: - Time, date and place of the meeting - The tentative agenda for the meeting Public notice must be given at least 24 hours prior to the meeting. [Code of Iowa 21.4] Q: When posting the agenda, what needs to be listed and in how much detail? The agenda should list the items the council intends to discuss and intends to act upon. There is no clear definition on what is enough information, therefore, if in doubt, give more rather than less information. Example: An agenda item of `Sorter" may not be enough information to tell the public that the council will be discussing an amendment to an ordinance increasing water rates. On the other hand, it is not necessaryfor the agenda to include the wording of the entire ordinance. Q. Can cities hold meetings with icag than 24 hours notice? Yes, if it is not possible or practicable to give 24 hours notice. If an emergency situation requires a meeting with less than 24 hours notice, give as much notice as can be given, but in any event, give at least some notice. The city must justify its reason for not giving 24 hours notice in the minutes of the meeting. The city must also justify its action if it holds a meeting at a place not reasonably accessible or at a time not reasonably convenient to the public. [Code of Iowa 21.4] Example. A lerne breaks and the city it being flooded, the council may need to have an emergency meeting to hire a mithudor to come in and repair the knee immediately. The minutes of the meeting need to explain the nature of the pod cause which furtifted holding a meeting without providing 24 hours notice. Q. Can the council amend the agenda once the council meeting has started? While the council can amend the agenda to delete items or rearrange order of consideration, it is not advisable to amend the agenda to add new items after a council meeting has started or if the agenda has been posted and less than 24 hours remain before the start of the meeting.. The council must provide 24 hours notice to the public on what will be discussed at the meeting. If an item is added to the agenda less than 24 hours prior to a meeting or at a meeting, the public may contend that proper notice was not given. Example: During the public forum, a duVn complains about dogs running at large and suggests the council pass an ordinance at that meeting to address the problem. The mayor orprending officer sbould defer the discus - man and action to the next council meeting or suggest a special meeting be called if there is an immediate need to address the issue. It is not appropriate to move forward with action on an item that was not on the agenda Iowa League of Cities Page 3 4 Open Meetings 2015 Q. Once a properly noticed meeting has started can you take a break and reconvene the meeting at a later time? Yes, a meeting can be reconvened within four hours of the start of its recess, where an announce- ment of the time, date and place of the reconvened meeting is made at the original meeting in open session and recorded in the minutes of the meeting and there is no change in the agenda. [Code of Iowa 21.4] Meeting Procedures and Minutes A meeting occurs when a majority of the council gathers to discuss city business. If a quorum of members of the governing body is not present, a meeting cannot be held. Q: Can a council member who will not be present at a meeting send in their vote with an- other council member or tell the clerk to record their vote a certain way? No, although state law does not explicitly prohibit proxy voting, it is not advisable for a council member to vote by proxy. Sending in a vote and not participating in the discussion at a meeting denies the public access to whatever information or discussion led a council member to vote in a certain way. Additionally, had a council member attended the meeting, they may have been present- ed with information that would have caused them to vote differently. Q: The minutes have to record the vote of each council member. Does this mean a roll call vote is required on each action of the council? The procedure to record the vote of each member is to either take a roll call vote or to determine each member's vote in some other manner. The method is not as critical as the fact that each coun- cil member's vote is recorded. Example: Some cities may use an electronic voting system that records each council member's vote. Same mayors or clerks maybe adept at picking upon how each council member voted during a regular voice [rote or may request that council members raise their bands to cote. Q. Do citizens have to be allowed to participate in a meeting or can tides have rules regu- lating the public attending a council meeting? The public can use cameras or recording equipment to take photos, movies, recordings, etc. of any open session. Although many cities provide time for public input, it is not a requirement of the open meetings law. Many cities provide a time for public comment in order to allow citizens to give feedback and have input in their city government. There are specific situations that require the city to hold a public hearing (prior to adoption of the budget, for example). The purpose of a public hearing is to solicit public input on the proposed action, so receiving public comment is a require- ment. Cities can make rules of conduct for their meetings to ensure the meetings are orderly. The rules can permit the council or presiding officer to establish time limits for public comments. The mayor or presiding officer is ordinarily responsible for enforcing these rules. Contact the League for sample rules of conduct for meetings. Exampk: A city might offer a "public comment" agenda item and limit each person to fire minutes, requesting that they state their name and address, etc. Page 4 Iowa League of Cities 5 j Open Meetings 2015 Electronic Meetings A city can only hold a meeting by electronic means if conducting such meeting in person is either impossible or impractical, and then only if the city complies with all of the following requirements: - Public access to the conversation of the meeting has been provided to the extent reasonably possible. - Notice is given of the meeting time, date, place and tentative agenda as soon as reasonably pos- sible, pursuant to Code of Iowa Section 21.4 - Minutes are kept of the meeting and must include a statement explaining why a meeting in per- son was impossible or impractical. Council members who are unable to attend a regular council meeting may participate electronically but must be connected by a means that allows them to hear and be heard. Q: Can electronic or e-mail communication between city council members be considered a meeting under Iowa Open Meetings Law? A "meeting" under Iowa law means a gathering in person or by electronic means, formal or infor- mal, of a majority of the members of a governmental body where there is deliberation or action upon any matter within the scope of the governmental body's policy making duties. No Iowa court has specifically ruled on the application of the Iowa Open Meetings Law to simul- taneous electronic communication between council members. City officials should keep in mind that the Iowa Open Meetings Law is intended to require that the city's business be conducted in open meetings. Closed Meetings Generally A closed meeting is a meeting of a governmental body that is dosed to public access, meaning that neither the general public nor the press can be present at that meeting. A city council or other body can dose a meeting only for very specific reasons described in law. The law favors openness so before dosing any meeting, the city should consult the city attorney. Code of Iowa Section 21.5 provides specific reasons and procedures for dosing access to a public meeting. The most common reason cities hold a dosed meeting is to evaluate the professional competency of an individual whose appointment, hiring, performance or discharge is being consid- ered when necessary m prevent needless and irreparable injury to that individual's reputation and that individual requests a dosed session. Other common reasons a city would dose a session include the discussion of strategy with legal counsel in matters that are presently in litigation or where litigation is imminent. In addition, the purchase or sale of real estate is commonly discussed in a dosed session where premature disclo- sure would adversely impact price. The qualification with this exemption is that the minutes and the recording of a session dosed under this paragraph need to be available for public examination when the transaction discussed is completed. Iowa League of Cities Page 5 6 1 Open Meetings 2015 Q: Are there any meetings of a governmental body that are exempt from the open meet- ings requirements? Yes. A meeting to discuss strategy in matters relating to employment conditions of employees of the governmental body who are not covered by a collective bargaining agreement under Code Chapter 20. A city considering holding a meeting of this sort should seek the guidance of the city attorney. [Code of Iowa Section 21.9] Note: This exemption is only for the purpose of discussing strategy. Therefore, achon involving employment conditions mart be taken at a meeting that complies with the open meetings requirements. For this purpose, "em- ployment conditions" means areas included in the scope of negotiations listed in Code of Iowa Section 20.9. Q. Does the city clerk have to be present during a closed session to take minutes? No. If the clerk is not present, the governing body must appoint someone to perform this func- tion. Q: Can persons other than members of the governing body be present during a closed session? Yes, provided that governing body authorizes their presence. However, particularly when meeting with the city attorney, caution should be used to avoid potential problems in exercising the attor- ney-client privilege. Q: Do persons other than members of the governing body have a right to be present at a closed session? No. Procedure for Closing a City Council Meeting The council meeting must begin in open session with a call to order and a roll call In order to go into closed session for a specific reason authorized under Code of Iowa Section 21.5, there must be an affirmative vote by two-thirds of the members of the body or by all those present. The minutes must record the votes of individual council members on the question of holding a closed session. In addition, the motion and minutes must state the exemption that permits a closed session. No business can be discussed during the closed session that does not directly relate to the specific reason for the closed session. Upon completion of the closed session, a motion and vote must be taken to end the closed ses- sion and return to open session. Final action on any matter must be taken in open session unless another Code section specifically allows such action to be taken in closed session. Q: Does a closed session have to be listed on the governing body's agenda? If a closed session is anticipated, the fact that there is to be such a session should be made known by setting forth the topic for the closed session and the fact that a closed session will be held on the agenda. However, if during an open meeting a topic comes up which may be considered during a closed session and which could not reasonably have been anticipated at the time notice of the agenda was given, then it would be appropriate to proceed to closed session from the open meeting following the procedure outlined in Code of Iowa Section 21.5. Iowa League of Cities Page 6 7 j Open Meetings 2015 Closed Meeting Procedures and Minutes When holding a closed session, the governmental body must keep the following: -Detailed minutes of all discussion, persons present and action occurring during the closed ses- sion. -An audio recording of the entire closed session. The minutes must be sealed and shall be kept by the governmental body for a period of at least one year from the date of the meeting. Q: Is there any situation which could result in the sealed detailed minutes and the record- ing of a closed session becoming unsealed? If a lawsuit is brought to enforce provisions of the Iowa Opening Meetings Law relating to a closed city council session, then by an order of the court, the detailed minutes and audio recording must be unsealed and examined by the court in chambers without the presence of parties to the lawsuit. The court then must determine what part, if any, of the minutes shall be disclosed to the party seeking to enforce the law. [Code of Iowa Section 21.5(4)] Q: If a member of a governing body is absent and the governing body holds a closed ses- sion, can that member listen to the audio recording of the closed session? Yes. The member who is absent still remains a member of the governing body. The member has a right to be informed of discussion and action that occurred during his or her absence. The fact that the detailed minutes and audio recording of a closed session are not open to public inspection does not preclude a person who would otherwise have been privy to such records, except for an absence, from later listening to the audio or reviewing the minutes. Closed Meeting on Personnel Issues A frequently used reason for holding a closed meeting is to evaluate and discuss the appointment, hiring, performance or discharge of an individual, when needed to prevent irreparable injury to the individual's reputation. In order to bold a closed session for this reason, the person or persons be- ing discussed must request a closed session. Q: If a person who may request a closed session makes such a request, must the request be granted? No. The law provides that a governing body may hold a closed session for certain specific purpos- es. It does not require that such a session be held. [Code of Iowa Section 21.5(5)] Q: Can job interviews be conducted during a closed session? Yes. However, the person being interviewed must request the closed session. j] Example. The city plans to bin a ary administrator. The ary has narrowed their list of candidates to three they plan to interview The aty mg alert the candidates that they may request a closed session If the candidate requests a closed session for the interview, the aty mold prvered to conduct the interview during a closed session. Q: When a closed session is held to discuss the competency of a specific employee whose appointment, hiring, performance or discharge is being considered, is the city required to allow the employee to attend the closed session? No. The council determines who can attend a closed session. Q: Can a closed session be held to discuss salaries in general for the upcoming year? No. There is no authority in the Iowa Open Meetings Law to discuss salaries in a closed session. Iowa League of Cities Page 7 8 1 Open Meetings 2015 Enforcement Resolving disputes and enforcing the Iowa Open Meetings Law is the responsibility of multiple entities. Alleged violations can be received by the Iowa Public Information Board (IPIB) and the Office of Ombudsman. In addition, any aggrieved person, the attorney general or the county at- torney can bring a lawsuit to enforce the law in District Court. The burden is on the city to prove they complied with the law. Q: What happens if a violation of the Iowa Open Meetings Law is substantiated? The following judgments may be entered when IPIB or a court has found a violation of the open meetings law: 1. Assess each member of the governing body who simply participated in the violation an amount not less than $100 and not more than $500. For knowingly participating in the viola- tion members must be assessed not less than $1,000 and not more than $2,500 (available to IPIB and courts). 2. All costs and reasonable attorney fees will also be awarded to the party who successfully estab- lished in court a violation of the law and will be assessed against the members found to have participated in the violation (available only to a court). 3. Void any action taken in violation of the law if the action for enforcement is brought within six months of the violation and that the public interest in enforcing the policy of the Iowa Open Meetings Law outweighs the public interest in sustaining the validity of the action taken in the dosed session. This action is not available to void the issuance of bonds or other evi- dence of indebtedness of a governmental body if a public hearing, election or public sale has been held regarding the bonds or evidence of indebtedness (available to IPIB and courts). 4. Issue an order removing the member from office if that member has engaged in one prior violation of the open meetings requirements for which damages were assessed against such a member during the member's term (available to courts). IPIB can seek removal of a person from office through initiation of a court action. 5. In addition, the court may also issue a mandatory injunction punishable by civil contempt ordering the member of the governing body to refrain for one year from any future violations of the open meetings law. 6. In addition, IPIB can impose appropriate remedies calculated to declare, terminate or remedi- ate any open meetings law violation. Q: Can a person charged with a violation of the Iowa Open Meetings Law claim they did not lmow, the provisions of the law? No, ignorance of the law is not a defense. Q: What are the defenses for a member of a governing body for violations of the Open Meetings Law? 1. Voting against the closed session. This demonstrates the importance of recording the vote of each council member. 2. Had good reason to believe and in good faith believed facts which, if true, would have indi- cated compliance with all the requirements of this chapter. 3. Reasonably relied on a court decision, formal attorney general's opinion, IPIB opinion, opin- ion of an attorney for the governmental body given in writing or memorialized in the meeting minutes, or a written advisory opinion by the attorney general or attorney for the governmental body. Iowa League of Cities Page 8 9 1 Open Meetings 2015 Q: Do members of governing bodies need to be provided with information about the Iowa Open Meetings Law? Yes. The appropriate commissioner of elections must provide this information to the elected mem- bers of governmental bodies. Also, the authority that appoints members of governing bodies must provide this information. Example: The county auditor mud provide this information to mayors and city council members. When city councils make appointments to boards or commissions or to fill a vacancy on the council, they must provide this information to their appointees. About the Iowa League of Cities The Iowa League of Cities serves as the unified voice of cities, providing advocacy, training and guidance to strengthen Iowa's communities. The League provides guidance. Through membership services, research, publications, trainings and other collaborations, the League provides guidance and serves as the resource for member cities. The League leads a grass-roots advocacy effort for local government. The League promotes excellent government, effective public policy and Home Rule among mem- bers as well as state and federal law makers. The League keeps cities informed with a constantly updated slate of workshops and pub- lications. The League provides education and training for elected and appointed city officials through work- shops, publications, the Web and personal interactions. • Monthly Cityscape magazine •League Weekly e -newsletter • Weekly Legislative Link during the state's legislative session -An annual listing of New Laws related to cities after each legislative session -An annual series of workshops on several different topics -Action Calls on immediate legislative concerns at the state or federal level • Special Reports on topical issues, including Budget, Home Rule and Law Enforcement • Biennial Directory of League member cities in Iowa The League is a resource for insurance and investment needs. The League consolidates common city needs enabling group purchasing power and specialized assistance. Programs created by or sponsored by the League provide cost-effective quality services to cities. The League's affiliated programs offer health, workers' compensation, liability and casualty coverage as well as a prosperous, liquid asset investment program. Other programs assist cities in developing services to better serve their citizens. Iowa League of Cities Page 9 Find additional The purpose of this publication is to provide general guidance on the Iowa information on Open Records Law, Code of Iowa Chapter 22. This law generally provides that ev- ery person has the right to examine and copy public records and to disseminate Open Records online at these records or the information contained therein. Cities often have questions www.iowaleague.org. about the applicability of this law to day-to-day city business. The informa- tion contained in this booklet is designed to be general in nature and does not constitute legal advice. If there are specific legal questions about open records requirements, the city should contact the city attorney The Iowa Open Records Law favors accessibility to public records, so situations where the applicability of the law is unclear should be resolved on the side of openness. Table of Contents Questions & Answers PublicRecords Generally.........................................................................2 Right to Examine, Copy and Publish Public Records .............................2 500 SW 7th Street, Suite 101 Confidential Records ....................... Des Moines, IA 50309 Enforcement..................................... Phone (515) 244-7282 Iowa Fair Information Practices Act Fax (978) 367-9733 www.iowaleague.org About the Iowa League of Cities ..... o1. IOWA LEAGUE QfCITIES Iowa League of Cities I October 2015 Page 10 2 1 Open Records 2015 Public Records Generally The Iowa Open Records Law applies to government bodies, including city, county and state gov- ernment. "Government body" includes any branch, department, board, bureau, commission, council, committee, official or officer of the foregoing or any employee delegated the responsibility for imple- menting the requirements of the Iowa Open Records Law [Code of Ionm 22.1(1)]. Government records in the possession of persons outside of a government body, including city board and commission members, remain government records, governed by the Iowa Open Records Law Q. What are Public Records? "Public Records" include all records, documents, tapes, or other information stored or preserved in any medium, of or belonging to the government body. They also include all records relating to the investment of public funds such as investment policies, instructions, trading orders, or contracts, whether in the custody of the public body responsible for the public funds, a fiduciary or other third party. [Code of Iowa 22.1(3)] Q. Are e-mail messages and other electronic communications public records? 'The definition of public records is broad enough to encompass e-mail messages and other elec- tronic correspondence. Cities are encouraged to adopt their own records retention policies and to follow them consistently. If the message remains recoverable then the city would be obliged to provide it upon request, though the requester can be charged a reasonable fee for retrieval. Cities should also be cautious regarding e-mail and other forms of interactive electronic communications in respect to open meetings law. [Code of Iowa 22.1(3)] Q. How long must public records be kept by a city? There is no one rule which governs all types of records and situations. Some records are requited to be retained permanently while others may be subject to a shorter recommended retention sched- ule. The Iowa League of Cities, the Iowa Municipal Finance Officers' Association and the Office of the State Archivist have developed a Record Retention Manual for Iowa Cities. This manual, available on the League's Web site (wwwiowaleague.org), is intended to assist officials in the management of records created and received in the conduct of city business. The manual also provides model record retention schedules. However, the advice of legal counsel should be obtained when estab- lishing a records retention system Right to Examine, Copy and Publish Public Records Q. Who has the right to examine, copy and publish public records? Every person has the right to examine, copy and publish public records. The examination and copying must be done under the supervision of the custodian of the public records or a person authorized by the custodian. The custodian may adopt and enforce reasonable rules to protect the public records. The custodian must provide a place for this work in the custodian's office unless this is impracticable, in which event the person desiring to examine or copy must pay the necessary expenses of providing a place for the examination and copying. [Code of Iowa 22.3(1)] Page 11 Iowa League of Cities 3 1 Open Records 2015 Q. Who is the "lawful custodian' of records? The "lawful custodian" means the governmentbody currently in physical possession of the public record. Each governmentbody must delegate to particular officials or employees the responsibility for implementing an open records policy. In many cities, the city clerk or an individual in the clerk's office performs this function. In larger organizations, there may be an individual located in each department. The law requires the government body publicly announce the particular officials or employees whom are responsible for implementing the open records policy. [Code of Iowa 22.1(2)] Q. When may public records be examined or copied? Public records may be examined or copied during the customary office hours of the custodian. If the custodian does not have customary office hours of at least 30 hours per week, the records may be examined or copied at any time from 9:00 a.m. to noon and from 1 p.m. to 4 p.m. Monday through Friday, excluding legal holidays, unless the custodian and the person seeking the records agree to a different time. This may be the case in very small cities where there are no regular office hours. [Code of Iowa 22.41 Q. Can a person be required to sign their name or state why they are requesting a public record? No. While it may be helpful to obtain additional information from those requesting records in order to fulfill an ambiguous request, it is inadvisable to deny access to records when such informa don is not provided. Q. Can a city charge a fee to examine public records? No, the city may not charge a fee to examine a public record as long as the public record is in the physical possession of its custodian. The custodian may charge a reasonable fee for supervising the examination and copying of records. The lawful custodian may adopt and enforce reasonable rules regarding the examination and copying of the records and the protection of the records against damage or disorganization. [Code of Iowa 22.3 and 22.3A] Q. Can a city charge a fee to copy public records? If the custodian has copying equipment available, the custodian may charge a fee for the cost of the copying. However, the cost is limited to the actual cost directly attributable to supervising the examination, copying and providing the records. Cities are specifically prohibited from including costs such as employee benefits, depreciation, maintenance, electricity or insurance. [Code of Iowa 22.3] Q. Do requests have to be made in person? No, requests may be made in writing, by telephone or by electronic means. [Code of Iowa 22.3] Q. Can a public record be photographed? Yes, as long as the public records remain in the physical possession of its custodian. Q. Are there exceptions to the right to examine and copy public records? Yes. There are two exceptions to the right to examine and copy records involving databases and data processing software [Code of Iowa 22.2] and also categories of confidential records discussed below that may be protected. Page 12 Iowa League of Cities 4 1 Open Records 2015 Coq idential Records Certain public records shall be kept confidential unless otherwise ordered by a court, released by the lawful custodian of the records or by another person duly authorized to release them. The Open Records Law identifies specific records deemed to be confidential. The complete list can be found in Section 22.7 in the Code of Iowa. Several examples include: 1. Attorney work product which is related to litigation or claims made by or against a city. [Code of Iowa 22.7(4)] 2. Peace officers' investigative reports, i subject to certain exceptions. [Code of Iowa 22.7(5)] 3. Appraisals or appraisal information concerning the purchase of real or personal property for public purposes, prior to public announcement of a project. [Code of Iowa 22.7(7)] 4. Personal information in confidential personnel records of government bodies relating to identi- fied or identifiable individuals who are officials, officers or employees of the government bodies. However, the following information relating to such individuals contained in personnel records shall be public records: • Name and compensation, including any written agreement • Date the individual was employed by the government body • Positions the individual holds or has held • Educational institutions attended by the individual, including diplomas and degrees earned • Names of previous employers, positions held and dates of employment • Any final disciplinary action taken that resulted in discharge [Code of Iowa 22.7(11)] 5. Library records which would reveal the identity of library patrons. [Code of Iowa 227(13)] 6. Records of owners of public bonds or obligations.. [Code of Iowa 22.7(17)] 7. Communications not required by law, rule, procedure, of contract made to the city or its employees by persons outside of the city government to the extent it is reasonably believed that such persons would not make such communications if such communications were to become available to the public, with certain exceptions. [Code of Iowa 22.7(18)] 8. Examinations including but not limited to cognitive and psychological examinations for law en- forcement officer candidates. [Code of Iowa 22.7(19)] 9. Data processing software developed by a government body. [Code of Iowa 22.7(33)] 10. Information concerning security procedures or emergency preparedness information developed and maintained by a government body for the protection of governmental employees, visitors to the government body, persons in the care, custody or under the control of the government body, or property under the jurisdiction of the government body, if disclosure could reasonably be ex- pected to jeopardize such employees, visitors, persons or property. [Code of Iowa 227(50)] 11. Information in a record that would permit a governmental body to hold a dosed session in order to avoid public disclosure of that information, until such time as final action is taken on the subject matter of that information. [Cade of Iowa 227(60)] 12. Tentative, preliminary, draft, speculative or research materials prior to completion in a form sub- mitted for use or used in the actual formulation, recommendation, adoption or execution of any official policy or action by a public official. [Code of Iowa 22.7(65)] Nok. This h not an all- n & tw list; & mnfrdential mark extrption contains nwmemms exrdarions that an cat ivwrd ben. Legal mwdnl mart be comwlkd in regard to ronfukntial public nmrd guertiow Page 13 Iowa League of Cities 5 1 Open Records 2015 Q. Are settlements of legal disputes public records? Yes. When a government body reaches a final, binding written settlement agreement of a legal dispute where monetary damages or equitable relief are sought, or a violation of a rule or statue is claimed, the settlement agreement is a public record. If requested, the governing body must also prepare a brief summary of the resolution of the dispute, indicating the identity of the parties involved, the nature of the dispute, and the terms of the settlement, including any payments made by or on behalf of the government body and any actions to be taken by the government body. However, the summary need not be prepared if the settlement agreement includes the information required to be included in the summary. Any summary is also a public record. Q: Are customer utility records open records? Iowa Code 388.9A does allow a city to exempt private customer information of a city utility or en- terprise that identifies a specific customer and any record of a customer account from examination and copying under Chapter 22 of the Code of Iowa, the open records law. However, it is important to seek the advice of a city attorney on this issue as it depends on numerous factors. Q. Is a letter from a citizen to the city on a specific matter confidential? Generally, these records are not considered confidential. However, some communications of this nature can be confidential under Code of Iowa 22.7(l 8), which allows a communication to be confi- dential if it is not required by law, made by someone outside of government and if the disclosure would result in people being discouraged from making such communication if they were available for general public examination. Cities have used this section to protect the identity of those regis- tering complaints with the city. Q: Are notes or policy drafts considered open public records? Tentative, preliminary, draft, speculative or research material can remain confidential prior to its completion for the purpose for which it is intended and in a form prior to the form in which it is submitted for use or used in the actual formulation, recommendation, adoption or execution of any official policy or action by a public official authorized to make such decisions for the govern- mental body or the government body. This exception does not apply to public records that are actually submitted for use or are used in the formulation, recommendation, adoption or execution of any official policy or action of a governmental body or a government body by a public official authorized to adopt or execute official policy for the governmental body or the government body. Q. How much time does a city have to respond to a request to examine a public record? Records are required to be made available at any time during the customary office hours of the lawful custodian of the records. The law does allow the custodian a good faith reasonable delay for the following reasons: - To determine whether the custodian is entitled to seek an injunction preventing examination. - To determine whether the record is a public record or a confidential record. - To determine whether a confidential record should be made available for inspection and copy- ing. A reasonable delay for this particular purpose cannot exceed twenty calendar days and ordinarily should not exceed ten business days. [Code of Iowa 22.8] Page 14 Iowa League of Cities 6 1 Open Records 2015 Q. What options are available if the government body and a person seeking records do not agree as to whether a public record is confidential under Iowa Law? Dirpxhs segmding prrblu records can be rrcdtvd by for following entities: District Court The district court may grant an injunction to restrain examination or copying of public records af- ter holding a heating upon reasonable notice as determined by the court to the persons requesting access to the words. Before the court can grant the injunction, it must find that the examination would clearly not be in the public interest and that it would substantially and irreparably injure any person or persons. The court must take into consideration that it is the policy of the law that free and open examination of public records is generally in the public interest [Code of Iowa 22.8] Iowa Public Information Board (IPIB) This board can receive complaints alleging open records violations. The office can seek resolution of such complaints through informal resolution. The board has the authority to formally inves- tigate complaints and determine if there is probable cause to believe a violation has occurred. If probable cause has been found, the board also has the authority to prosecute the respondent in a contested case proceeding and impose penalties. The Office of Ombudsman This office serves as an independent agency to which citizens can air their grievances about state and local governments. The office can facilitate communications between citizens and government and can make recommendations to improve administrative practices and procedures. Q. Who may bring an action for such an injunction? The lawful custodian of a government record, or another government body or person who would be aggrieved or adversely affected by the examination or copying of such a record. [Code of Iowa 22.8] Enforcement Any aggrieved person, any taxpayer to or citizen of the state of Iowa, the attorney general, any county attorney or the Iowa Public Information Board can bring an action to enforce the Iowa Open Records Law Enforcement actions would be filed against the lawful custodian of the public record and any other persons who would be appropriate defendants. Q. What happens if a violation of the Iowa Open Records Law is substantiated? The lawful records custodian and other appropriate persons will be ordered to comply with the Iowa Open Records Law by either a court or the Iowa Public Information Board (IPIB). Damages can also be assessed against the persons who participated in violating the law. The amount of dam- ages can range from $100 to $So0 for those that simply participated in violating the law and can increase to $1,000 to $2,500 for knowing violations. A court can also order payment of costs in- cluding attorney fees. A court can also order the removal of a person from office if the person has been assessed damages for a prior open records law violation. IPIB can seek removal of a person from office through initiation of a court action. In addition, IPIB can impose appropriate remedies calculated to declare, terminate or remediate any open records law Q. Can a person charged with a violation of the Iowa Open Records Law claim they did not know the provisions of the law? No, Ignc ence of the law is not a defense. Page 15 Iowa League of Cities 7 1 Open Records 2015 Q. Can the Iowa Open Records Law be enforced in other ways? Yes. The law can be enforced not only by injunction but also by mandamus. Mandamus is a legal proceeding that seeks to require a governmental body to do what it is lawfully required to do. Rights under the Iowa Open Records Law may also be enforced by an action for judicial review ac- cording to the provisions of the Iowa Administrative Procedure Act. [Code of Iowa 22.5 and 22.10] Iowa Fair Information Practices Act This act requires that the information policies of state agencies are clearly defined and subject to public review and comment. Q. Are cities required to adopt the policies mandated by this act? No. However, a city may choose to adopt such policies. If it does choose to adopt such policies, it must follow the procedure specified in Code of Iowa 22.12. About the Iowa League of Cities The Iowa League of Cities serves as the unified voice of cities, providing advocacy, training and guidance to strengthen Iowa's communities. The League provides guidance. Through membership services, research, publications, trainings and other collaborations, the League provides guidance and serves as the resource for member cities. The League leads a grass-roots advocacy effort for local government The League promotes excellent government, effective public policy and Home Rule among mem- bers as well as state and federal law makers. The League keeps cities informed with a constantly updated slate of workshops and pub- lications. The League provides education and training for elected and appointed city officials through work- shops, publications, the Web and personal interactions. • Monthly Cityscape magazine • I.eagae Weekly e -newsletter • Weekly Legislative Link during the state's legislative session • Annual listing of New Laws related to cities after each legislative session • Annual series of workshops on various topics • Action Calls on immediate legislative concerns at the state or federal level • Special Reports on topical issues • Biennial Directory of League member cities The League is a resource for insurance and 'investment needs. The League consolidates common city needs enabling group purchasing power and specialized assistance. Programs created by or sponsored by the League provide cost-effective quality services to cities. The League's affiliated programs offer health, workers' compensation, liability and casualty coverage as well as a prosperous, liquid asset investment program. Other programs assist cities in developing services to better serve their citizens. Page 16 Iowa League of Cities Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 99-385 RESOLUTION ESTABLISHING TIME AND PLACE OF FORMAL MEETINGS OF THE CITY COUNCIL OF IOWA CITY, IOWA. WHEREAS, City Code Section 1-5-5 provides that the time and place of regular formal meetings of the City Council of Iowa City, Iowa, shall be set by resolution of the Council; and WHEREAS, on May 7, 1996, the City Council adopted Resolution 96-136 setting the time and place for regular formal Council meetings to be every other Tuesday of each month at 7:00 o'clock p.m. in the Council Chambers of the Civic Center, starting with the July 2, 1996, meeting; and WHEREAS, the Council deems it in the public interest to repeal said Resolution and establish the following schedule. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That Resolution 96-136 be repealed. 2. By this resolution regular formal Council meetings of the City Council of Iowa City, Iowa, shall be held on the first and third Tuesday of each month excluding holidays, in the Council Chambers of the Civic Center of Iowa City, Iowa starting at 7:00 o'clock p.m., Central Standard Time, or Central Daylight Time, whichever is in effect in the City of Iowa City at the time of said meeting, said meeting times to become effective with the regular Council meeting of January 18, 2000. 3. In the event a regularly scheduled formal Council meeting falls on a holiday, the City Council shall determine whether or not to hold such meeting at another date, or to waive said meeting. Passed and approved this 23rd day of November It was moved by Norton and seconded by 0' Donnel 1 tt adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kubby X Lehman X Norton _ O'Donnell x Thombeny X Vanderhoef cleAdMftMM4=,d= Page 17 Resolution be � r CITY OF IOWA CITY Date City Council Tentative Meeting Schedule Subject to change Time Meeting Monday, November 30, 2015- 1-6:30 PM Special Formal Meeting Work Session Meeting Strategic Planning and Orientation November 25, 2015 Location Ashton House 820 Park Road Tuesday, December 15, 2015 5:00 PM Work Session Meeting Emma J. Harvat Hall Formal Meeting Monday, January 4, 2016 12 noon Spec. Formal (Organizational Meeting) Special Work Session (Intro Budget) Harvat Hall Tuesday, January 5, 2016 5:00 PM 7:00 PM Work Session Formal Meeting Harvat Hall Saturday, January 9, 2016 8AM-413M Special Work Session (Dept. Budget) Harvat Hall Monday, January 11, 2016 1-7:00 PM Special Work Session (CIP Budget) Harvat Hall Thursday, January 14, 2016 5:00 PM Special Work Session (Budget) Harvat Hall Tuesday, January 19, 2016 5:00 PM Work Session Formal Meeting Harvat Hall Monday, January 25, 2016 4:00 PM 4:30 PM Reception Joint Public Entities Meeting TBA North Liberty Tuesday, February 2, 2016 5:00 PM 7:00 PM Work Session Formal Meeting Harvat Hall Tuesday, February 16, 2016 5:00 PM Work Session Harvat Hall 7:00 PM Formal Meeting Tuesday, March 1, 2016 5:00 PM Work Session Harvat Hall 7:00 PM Formal Meeting Tuesday, March 15, 2016 5:00 PM Work Session Harvat Hall 7:00 PM Formal Meeting Tuesday, April 5, 2016 5:00 PM Work Session Harvat Hall 7:00 PM Formal Meeting Page 18 MOTIONS, RESOLUTIONS ORDINANCES ConuaodvAsked ITAFf Quesfiolls Update Q. What is the difference between a motion, a resolution and an ordinance? As of October 10, 1990 A. A motion proposes that the council take certain action on a matter. It is a Number of Trust members ........258 statement of direction rather than policy on the part of the council. Motions are • 128 cities made to handle routine business of.the city and conduct at city meetings. • 65.counties Motions are recorded in the record of council proceedings (the minutes). • 48 utilities Official decisions of the council take legal affect when they are passed as reso- • 17 — 28E Agreements lutions or ordinances. When a council makes a decision about some detail of Simple average monthly rate ...7.385% the city's business, a resolution is usually passed to make the action official. Current daily rate ............7.356% Resolutions are also used to make council statements of general policy and other official statements that the council does not consider appropriate subject The Iowa Public Agency Investment matter for an ordinance. Resolutions passed by the council are usually kept in a Trust is a jointly -sponsored program for special resolution book. members of the League of Iowa Munici- An ordinance is a city law of general or permanent nature. It is the most palities, the Iowa Association of Counties, authoritative act the council can perform. An ordinance passed in proper form and the Iowa Association of Municipal and not.in conflict with any state or federal law has the same force as a state Utilities. law within the city. Ordinances are city laws and should be kept in the city In addition to the daily liquid fund, code book or another appropriate place. IPAIT currently offers fixed -term, fixed-. rate investments. Illustrated below are Q. What are examples of when a resolution or ordinance should be used? the rates available to Trust members for A. In general, resolutions are used to set wages and salaries, to let contacts, to the week ending October 12, 1990:Sam le make appropriations, to set up special assessments, and to grant licenses and p permits: In contrast, ordinances are used to establish standards, rules and Maturities Rate* penalties -designed to regulate persons, businesses, sales and handling of 3 Mos. 7.53% property.. Other uses of an ordinance are to establish the permanent organiza- 6 Mos. 7.59% tion and :procedures for the operation of a city and to grant franchises. 12 Mos. 7.60% 18 Mos. 7.88%,- Coming .88%,Coming next month: Requirements for the passage of motions, resolutions 24 Mos. 7.8440 and ordinances. Also, the veto authority of the mayor. 30 Mos. 8.04% 36 Mos. 7.99 % *NOTE: Above rates are net to par- ticipants as of date quoted. Rates are subject to change based .on prevailing, market conditions. Participants are encouraged to check and compare IPAIT Fixed Term Rates against local rates of equal maturity. For more information about IPAIT, call: 1-800-872-4024 or (5151).245-3245 THIS PROGRAM IS SPONSORED BY THE LEAGUE OF IOWA MUNICIPALIVES Page 19 23 ATTORNEY ASSIGNMENTS (Effective September 2, 2014) Eleanor Dilkes, City Attorney Supervision/Consultation/Coverage on all matters City Council City Manager City Clerk Finance Human Resources Economic Development Sue Welk, First Assistant City Attorney Supervision/Consultation/Coverage in City Attorney's absence City Manager — pedestrian mall and permitting issues Cable Board of Adjustment Parks & Recreation Police (incl. Animal Control and PCRB reports/issues) Community Development/Housing Authority/Housing and Building Inspection Civil Rights/Human Rights Airport — consultation Senior Center Eric Goers. Assistant Citv Attorne Tort Litigation and other litigation as assigned City Assessor/Tax Assessment Appeals Human Resources Airport Magistrate's Court (1/4) Property Acquisition as assigned Fire Library Transportation Services Sara Greenwood- Hektoen, Assistant City Attorney (3/4 time) Urban Planning/Planning & Zoning Commission (incl. litigation) MPOJC transportation planning Economic Development Public Works and Engineering Property Acquisition as assigned Liz Crain, Assistant City Attorney (3/4 time) Magistrate's Court (3/4) Purchasing/Accounting/Information Technology/Revenue & Utilities Communications w/exception of cable Sustainability Litigation as assigned Property acquisition as assigned Page 20 Prepared by: Marian Kerr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 12-375 RESOLUTION REPEALING RES. 12-156 AND AMENDING THE POLICY FOR DISTRIBUTION OF ELECTRONIC PACKETS; COUNCIL MEMBER USE OF CITY IPAD, AND REIMBURSEMENT FOR THE EXPENSE OF PURCHASING PERSONAL EQUIPMENT TO ACCESS ELECTRONIC PACKET; PROCEDURES FOR E-MAIL CORRESPONDENCE AND DISTRIBUTION OF WEEKLY ELECTRONIC COUNCIL PACKETS; AND REMOVING THE STIPEND FOR SUPPLIES AND ESTABLISHING A POLICY FOR ELIGIBILITY FOR REIMBURSEMENT ONCE EVERY FOUR YEARS. WHEREAS, the City Council of Iowa City established a policy discontinuing hard copy weekly packets effective June 1, 2012 and thereafter providing for the distribution of electronic weekly Council packets only; and WHEREAS, the City Council of Iowa City provided for the use by individual Council Members of a City owned iPad or the reimbursement of the expense of purchasing equipment to provide access to weekly electronic council packets; and WHEREAS, reimbursement to Council members for the expense of purchasing equipment to provide access to weekly electronic packets allows the Council members to more efficiently and effectively fulfill their duties as elected officials and is thereby in the public interest; and WHEREAS, Council members serve four year terms, and therefore, shall be eligible for such reimbursement once every four years; and WHEREAS, the City Council of Iowa City removed the stipend for supplies and dedicated phone costs associated with accessing electronic packets and/or e-mail via the City address. NOW, THEREFORE, the attached policy is established for electronic delivery of weekly packets and E -Mail policy. Passed and approved this 21st day of August . 20 12 n cWkheslooun 1-epo iN3.doe Page 21 COUNCIL POLICY REGARDING ELECTRONIC ACCESS TO CITY INFORMATION INCLUDING WEEKLY PACKETS AND E-MAIL August 2012 1. Effective June 1, 2012 Council Members shall receive the weekly Council packet electronically. 2. Council Members may request a City -owned iPad for accessing the weekly packet or for use for other City business. The iPad will be returned at the end of individual Council Member terms. 3. Council Members may also choose to use personal equipment for accessing their weekly packet electronically, and may request a reimbursement of not to exceed $600 for purchase of the equipment, and provide receipts for that reimbursement. Council Members are eligible for reimbursement once every four years. 4. City IT staff will not service personal home computers or printers. Internet service (whether on dedicated phone line, Cable Modem, or DSL) is an agreement between the Council Member and service provider. Contracting for installation and monthly recurring charges is the responsibility of the Council Member. 5. The City will provide individual City Council Member e-mail addresses to the public. 6. Council Members should advise constituents communicating via e-mail that the correspondence could be public information. 7. The City will distribute e-mail correspondence addressed to "Council' in the next Council packet, or provide as late handout if the item(s) is scheduled for Council discussion. Staff will not receive any copies of e-mails sent to individual Council Members unless "Council' was indicated by the sender or provided by a Council Member. 8. Council Members are advised to confine their City related business to the City e-mail address and not a personal e-mail address. If a personal e-mail address is used for City business e-mails regarding City matters may be subject to open records requests. For those e-mails a Council Member chooses to retain, it is recommended that a separate file (either electronic or hard copy) be kept for City business. derk/m/courcil-epolicy1doc Page 22 Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240 319/356-5030 RESOLUTION NO. 13-81 RESOLUTION REPEALING RESOLUTION NO. 00-102 OF THE CITY COUNCIL OF THE CITY OF IOWA CITY AND APPROVING A NEW RESOLUTION SETTING THE ORDER OF BUSINESS' FOR FORMAL COUNCIL MEETINGS. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that said Council does hereby repeal Resolution No. 00-102 and, in its place, establishes the rules for Order of Business and the content of the Consent Calendar at formal meetings as follows: A. Order of Business The business of the City Council shall be taken up for consideration in substantially the following order, except as otherwise ordered by the Mayor or City Council: 1. Roll Call 2. Mayor's Proclamations 3. Consent Calendar 4. Community Comment (until 8:00 p.m.) 5. Planning and Zoning Matters: hearings, recommendations, ordinances and resolutions, with the exception of setting public hearings which shall be on the Consent Calendar 6. Other Public Hearings 7. Other Ordinances 8. Other Resolutions 9. Community Comment (continued if necessary) 10. Council Business 11., City Manager, City Attorney, and City Clerk Business 12. Adjournment B. Content of Consent Calendar Those items on the Agenda which are considered routine will be listed under the Consent Calendar and be enacted by one motion, with a roll call vote. If the Mayor, a Council member or a citizen specifically requests that any of the items be considered separately, these items will be removed and considered later on the Agenda. Passed and approved this 19th day of March , 2013 MAYOR ATTEST: k- . A: • a CIT ERK A r ved by City Attorney's Office Page 23 .:m PAIR �amIM'a CITY OF IOWA CITY MEMORANDUM �e Date: February 27, 2012 To. Mayor and City Council From: Marian K. Karr, City Clerkn(r Re: Delivery of Council Packets and Offer of City Equipment Introduction: In an effort to increase the convenience of delivering and viewing Council packet information, be more environmentally -friendly in the use of paper, and reduce printing costs, Council agreed to receive packets through electronic means only. History/Background: At the Orientation work session on November 29, 2011 Council directed staff to report on advantages/disadvantages of offering City equipment for Council use. A staff committee (Gary Cohn, Michael Harapat, Adam Bentley, Simon Andrew, Marian Karr & Eleanor Dilkes) addressed different options to supply Council Members with the means by which to view electronic packets. Recently several improvements were made in the packet offered electronically on the City website including: New, one PDF -format Bookmarks Separate schedule and agenda Better readability for color documents The attached information sheet outlines the relative benefits of City -owned equipment compared to the reimbursement of the expense of purchasing privately -owned hardware. Printing costs for Council packets for calendar year 2011 was $3,871. Each iPad would be approximately $600 per unit, including software additions. By eliminating the hard copy Council packets the actual savings would increase depending on the option selected by Council Members outlined below. Next Steps: Hard copy packets be discontinued as of June 1, 2012. Individual Council Members select from the options below to access their electronic packets: 1. Use a City owned iPad for Council use. 2. Use his/her own equipment. a. The Council can amend the present expense of purchasing equipment. resolution to include reimbursement for the UISG representatives would be provided an iPad for use during Council meetings if requested. Cc: Tom Markus, City Manager Staff Committee Members Attachment: City Owned Equipment versus Privately Owned Page 24 February 27, 2012 Page 2 City -Owned Equipment versus Privately Owned (cl CITY -OWNED EQUIPMENT: OA Advantages • Standard equipment and software programs • Transferability for other City uses • Technical support, and additional software would all be provided • City loss reserve fund applies for lost/damaged hardware Disadvantages Possibly necessitate Council Members carrying two pieces of equipment (City vs. personal uses) Restriction of adding personal applications PRIVATELY -OWNED EQUIPMENT: Advantages • Council Members may use for personal business (only carry one piece of hardware) Disadvantages • Differing equipment and software programs • Technical support would not be available for private equipment • City is not responsible for lost/damaged hardware ** From Employee Handbook 6e, City Owned Computers and Phones: City computers and phones are provided for use by the employee and are the property of the City. Such property is subject to recall by the City at any time. Employees have no right to privacy in information maintained on a City owned computer, the City computer system, City- provided/funded cell phone or other electronic communications device, or the City phone system, whether or not the employee considers such information personal. ** From Employee Handbook 11 e, Use of Public Property No City employee shall request, use, or permit the use of any publicly -owned property, vehicle, equipment, labor, service or supplies (new, surplus, scrap or obsolete) for the personal convenience or advantage of the employee or any other person, except for that use which is generally available to the public. No City -owned property may be removed from the worksite except for that purpose of conducting City business. Page 25 r -zz-, CITY OF IOWA CITY "OUNS. 171M MEMORANDUM Date: November 24, 2015 To: Mayor and City Council From: Stefanie Bowers, Equity Director Marian K. Karr, City Clerk Re: Proposed Board and Commission Application Process History/Backeround: City boards and commissions provide advice, information, and recommendations to the City Council; and in some instances, perform certain statutorily assigned tasks. As of the summer of 2015, the City has seventeen (17) boards and commissions. See Exhibit 1 (List of City Boards and Commissions). Some boards and commissions are required by State law, while others are not. Earlier this year staff made two recommendations: Council should adopt by resolution a new formal policy that redefines and expands the definitions of prohibited relationships to be consistent with the City's current personnel policy. 2. Council should adopt by resolution a formal policy that addresses the reappointment process for current board and commission members. Both items were adopted by Council resolution 15-300 (Exhibit 2). To further the overall goal to make the application process more user friendly and increase the diversity of the applicant pool for City boards and commissions, staff has streamlined the application to provide for email submissions and improved printing capabilities. Staff has created a new approach for Council appointments as well. Currently applications for vacancies on City boards and commissions are taken as vacancies occur. Vacancies are advertised in the newspaper, website, internal bulletin boards, and on all Council agendas. Applicants may complete the application online, print it, and sign it for hard copy or electronic submission. Applications remain active for 90 days. Discussion of Solutions: Staff is designing an application that will allow individuals to apply for multiple Boards and Commission at one time, and provide for the electronic submission of the application via email. The same application will be available in hard copy form as well. We would then ask Council to consider appointments twice a year to City Boards and Commissions. This would provide for increased accessibility and ease in the process. Applications would be kept active until the next application process (approximately 6 months). Any unexpired vacancies occurring during that time would be made from the active list. Publication costs would decrease as only the initial vacancy would be advertised, and applications would be accepted on an ongoing basis. The website, internal bulletin boards, and Council agendas would be updated. Recommendations: Staff recommends pursing semi-annual appointments. Page 26 Exhibit # 1 (Revised 9/3/15) Required by State Law Airport Commission Required by: Section 330.20 of the Iowa Code Required Length of Term by State: 3-6 years Required # of Members by State: 3 or 5 Length of term by City: 4 (Section 13-1 of the City Code) # of City Members: 5 (Section 13-1-2 of the City Code) Duties: Manage and control the Airport; all the powers granted under Code of Iowa Airport Zoning Board of Adjustment Required by: Section 329.12 of the Iowa Code Required Length of Term by State: 5 years Required # of Members by State: 5 (Council appoints 2, County appoints 2, and the 4 select the 5m member) Length of term by City: N/A # of City Members: N/A Duties: Hear and decide cases, exception, and variances of Airport Zoning Code Airport Zoning Commission Required by: Section 329.9 of the Iowa Code Required Length of term by State: 6 years Required # of Members by State: 5 (Council appoints 2, County appoints 2, and these 4 select the 5th member) Length of term by City: N/A # of City Members: N/A Duties: Recommend amendments to and adoption of Airport zoning regulations Assessors Examining Board Required by: Section 441.3 of Iowa Code Required Length of Term by State: 6 years Required # of Members by State: 3 (Council appoints 1, County appoints 1, ICCSD appoints 1) Length of term by City: N/A # of City Members: N/A Duties: Holds examinations for the position of assessor and hears appeals of firing or suspension of a deputy assessor by the assessor. Board of Adiustment Required by: Sections 414.7 and .8 of the Iowa Code Required Length of term by State: 5 years Required # of Members by State: 5, 7, or 9 Length of term by City: 5 years (Section 14-7A-2 of the City Code) # of City Members: 5 Duties: Grants variances and special exceptions as provided in the Zoning Code and hears appeals of administrative decisions. Members of the board act like judges, making decisions about individual properties and uses that may have difficulty meeting a specific zoning regulation or to resolve disputes about administrative zoning decisions. Page 27 Page 2 of 5 Civil Service Commission Required by: Section 400.1 of the Iowa Code Required Length of Term by State: 4 years Required # of Members by State: 3 Length of Term by City: N/A # of City Members: N/A Duties: Approve all entrance and promotional examinations used by the City of Iowa City for civil service positions; holds appeal hearings involving the suspension, demotion, or discharge of employees holding civil service rights. Ascertains to the best of its ability the facts of the case to determine matters involving the rights of civil service employees and may affirm, modify, or reverse any case on its merits per Chapter 400 of the Code of Iowa. Historic Preservation Commission * Required by: Section 303.34(3) of the Iowa Code Required Length of Term by State: Local decision Required # of Members by State: Minimum of 3; also there must be at least 1 member from each historical district Length of term by City: 3 years (Section 14-7A-3 of the City Code) # of City Members: 12 (Section 14 -7A -3A) Duties: Conducts studies for the identification and designation of Historic Districts, Historic Landmarks and Conservation Districts; reviews and acts upon all applications for Certificates of Appropriateness; furthers the efforts of historic preservation in the city by making recommendations to the City Council. Human Rights Commission * Required by: Section 216.19(2) of the Iowa Code Required Length of term by State: Local decision Required # of Members by State: Local decision Length of Term by City: 3 years (Section 2-2-3 of the City Code) # of City Members: 9 (Section 2-2-3 of the City Code) Duties: Disseminating information to educate the public on illegal discrimination and civil rights, such as organizing and facilitating educational public forums that address one or more of the broad range of topics included within the rubric of human rights. Making recommendations to the City Council for such further legislation concerning discrimination as it may deem necessary and desirable. Cooperating within the limits of any appropriations made for its operation with other agencies or organizations both public and private whose purposes are not inconsistent with those of Title 2 of the City Code (Human Rights Ordinance). Planning programs and activities designed to eliminate racial, religious, cultural and other intergroup tensions including but not limited to sex, color, creed, disability, gender identity, sexual orientation, marital status, age and national origin. - - - Library, Board of Trustees * Required by: Section 392.5 of the Iowa Code Required Length of Term by State: Local decision Required # of Members by State: Local decision Length of Term by City: 6 years (Section 11-1-2 of the City Code) # of City Members: 9 (Section 11-1-2 of the City Code) Duties: The Board of Library Trustees is a semi -autonomous body of nine persons empowered by State Law to plan, direct, and control all affairs of the Public Library. This includes having control of funds allocated for library purposes as well as gifts, determining long-range goals of Library service, adopting written policies to govern operation of the Library, and employing a competent staff to help plan and implement the Board's service goals. Page 28 Page 3 of 5 Planning & Zoning Commission * Required by: Section 414.6 of the Iowa Code Required Length of term by State: Local decision Required # of Members by State: Local decision Length of Term by City: 5 years (Section 14-7A-1 of the City Code) # of City Members: 7 (Resolution No. 04-273) Duties: Include making (or causing to be made) surveys, studies, maps, plans, or charts of the whole or any portion of the municipality and any land outside which—in the opinion of the Commission --bears relation to a comprehensive plan, also include recommending to the City Council from time -to -time amendments, supplements, changes, and modifications to the Zoning Ordinance. * REQUIRED BY STATE LAW BUT LENGTH OF TERM DETERMINED BY CITY Page 29 Page 4 of 5 Not Reauired by State Law Appeals. Board of Established/Created by: Ordinance (Section 17-12 of the City Code) Length of Term: 5 years # of Members: 5 Duties: Holds appeal hearings; and determine the suitability of alternate materials and methods of construction and provide for reasonable interpretation of the International Building Code, International Residential Uniform Plumbing Code, National Electrical Code, International Mechanical Code, International Fire Code, Dangerous Building Code, and the Iowa City Housing Code. Housing & Community Development Commission Established/Created by: Resolution No. 95-199 Length of Term: 3 years # of Members: 9 Duties: Assessing and reviewing policies and planning documents related to the provision of housing, jobs, and services for low- and moderate -income residents; reviewing policies and programs of the Public Housing Authority and Community Development Division and make recommendations regarding the same to the City Council; reviewing and making recommendations to the City Council regarding the use of public funds to meet the needs of low- and moderate -income residents; housing policies and programs, and seeking public participation in assessing needs and identifying strategies to meet these needs; recommending to the City Council from time -to -time amendments, supplements, changes, and modifications to the Iowa City Housing Code. Parks & Recreation Commission Established/Created by: Resolution No. 95-3 Length of Term: 4 years # of Members: 9 Duties: Recommends and reviews policies, rules, regulations, ordinances and budgets relating to parks, playgrounds, recreational centers and cultural functions of the city, and exercises broad responsibility for the development of parks, recreation centers, playgrounds and cultural facilities to serve the City, including the creation and appointment of advisory groups to make studies. Community Police Review Board Established/Created by: Ordinance (Section 8-8 of the City Code) Length of Term: 4 years # of Members: 5 Duties: The Iowa City Community Police Review Board (hereafter referred to as the CPRB) was established to provide a compliant process into claims of Iowa City police misconduct and assure that investigations are conducted in a manner which is fair, thorough and accurate and to assist the Police Chief, the City Manager and the City Council in evaluating the overall performance of the Police Department by having it review the Police Department's investigation into complaints. A "complaint to the board" 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 See also City Code Chapter 8 Community Police Review Board. Page 30 Page 5 of 5 Public Art Advisory Committee Established/Created by: Resolution No. 97-326 Length of Term: 3 years # of Members: 7 (Council appoints 5 and 2 are City staff members) Duties: Include developing by-laws and procedures for the Iowa City Public Art Program; administering the Public Art Program by determining the placement of public art; the type of art to be used in a specific project, and the artist to be engaged; overseeing the acceptance of gifts of art; overseeing the maintenance and disposition of public art; overseeing expenditures of the Public Art Program budget; overseeing the Poetry in the Public Program. Senior Center Commission Established/Created by: Resolution No. 03-287 Length of Term: 3 years # of Members: 7 (Council appoints 6 and Commission appoints 1) Duties: Serves in an advisory role to the City Council with regard to the needs of the Senior Center and its participants; makes policy and program recommendations; seeks adequate financial resources for the operation of the Center, encourages full participation by senior citizens; promotes the effective integration of the Center into the community; cooperates with organizations sharing common goals; acts as an advocate with regard to the needs of area senior citizens; and assists the City Manager in the evaluation of personnel. Telecommunications Commission Established/Created by: Ordinance (Section 12-4-3 of the City Code) Length of Term: 3 years # of Members: 5 Duties: Include serving as a review board to resolve disputes between any subscriber or potential subscriber and the cable company; reviewing and auditing reports by the cable company to the City as required by the Cable Television Ordinance; working with the public, the media, the City, and the cable company for the purpose of making recommendations on various issues; monitoring and promoting community programming and the use of the local access channels by a wide range of individuals, institutions, and organizations; informing and educating citizens on matters related to cable TV and other communications systems; and monitoring and reviewing State and Federal legislative and regulatory action or change. S:boerdcommissiotWesUbhtnmdnfo=tion.doc Rcviw d 09/03/2015 Page 31 EXHIBIT 2 orD Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 15-300 RESOLUTION ESTABLISHING A POLICY THAT SPOUSES AND RELATIVES OF CITY COUNCIL MEMBERS, PERSONS ALREADY SERVING AS BOARD OR COMMISSION MEMBERS, AND MEMBERS OF COMPARABLE COUNTY BOARDS OR COMMISSIONS SHALL NOT BE ELIGIBLE FOR APPOINTMENT TO CITY BOARDS OR COMMISSIONS, AND ESTABLISHING A REAPPOINTMENT PROCESS FOR CITY BOARDS AND COMMISSIONS, AND REPEALING RESOLUTION 85-354. Whereas, the various City Boards and Commissions have been established to provide advice and assistance to the City, and to perform certain statutorily assigned tasks in some instances; and Whereas, it is desirable that the members of each Board or Commission exercise free and unbiased judgment in addressing the issues and tasks before them; and Whereas, Resolution 85-354 established a policy regarding relatives of Council Members that were ineligible to serve but needs to be redefined and expanded in accordance with the city's personnel policies as adopted by the City Council; and Whereas, this City Council has determined that it would be appropriate and in the best interests of the City of Iowa City to formally establish and adopt a policy so as to assure the independence of said bodies and to define the reappointment process regarding eligibility for appointment to City Boards and Commissions NOW, THEREFORE, IT IS HERBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, A. That it is hereby established, as a formal policy of the City Council of Iowa City, that the following persons shall not be eligible for appointment to Boards and Commissions: A Council Member's spouse, domestic partner or partner by cohabitation, children, step -children, children for whom the Council Member assumes parental responsibility, mother, father, son-in-law, daughter-in-law, mother-in-law, father-in-law, step-parent, brother, sister, step -siblings and half -siblings, brother-in-law, sister-in-law, grandparents and grandchildren, aunt, uncle, niece, nephew, first cousin, foster parent, foster child, persons who are parents of the same child, and persons with whom the employee is in an intimate relationship. 2. A current member of a City Board or Commission, unless dual or joint memberships are provided for in the resolution, ordinance, or statute which creates the Board or Commission to which appointment is being made. 3. A current member of a comparable County Board or Commission, unless dual or joint memberships are provided for in the resolution, ordinance, or statute which creates the Board or Commission to which appointment is being made. Page 32 Res. No. 15-300 ' t` Page 2 B. It is hereby established, as a formal policy of the City Council of Iowa City, that each application for reappointment to a City Board or Commission will be considered without regard to incumbency. If reappointed, an individual would be limited to one reappointment to a full term in order to increase the opportunities for new applicants to serve. C. Resolution 85-354 is repealed in its entirety. Passed and approved this 6th day of October , 20 15 ,offff-S�C.� MAYOR ATTEST: CITY CLrERK Q,R roved b . City Attorney's Office It was moved by Payne , seconded by Mims , the resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton Page 33 COUNCIL BIO INFORMATION (This information will be included on the City website and distributed upon request) NAME: NAME FOR COUNCIL NAME PLATE: ADDRESS: PHONE: EMAIL: (IN ADDITION TO IOWA-CITY.ORG) SOCIAL MEDIA: EDUCATION: FAMILY: HOBBIES: PROFESSION/WORKPLACE: Page 34 HOW LONG HAVE YOU LIVED IN IOWA CITY? OTHER COMMUNITY SERVICES/ORGANIZATIONS INVOLVEMENT: It is recommended that if you communicate electronically you put the following notice on your electronic communications: No correspondence (including emails) to City Council is confidential. All correspondence (includine entails) to me as a City Council member about City issues is a public record. &Co"cilmemberfi n iHoo/biosheell 3/dm page 35 Prepared by: Stefanie Bowers, Equity Dir., 410 E. Washington St., Iowa City, IA 52240 319.356.5022. RESOLUTION NO. 15-57 RESOLUTION APPROVING THE 2013 EQUITY REPORT ACTION PLAN INCLUDING THE ACTION PLAN FOR THE POLICE DEPARTMENT AND THE FIVE AREAS OF FOCUS FOR RELATIONSHIP BUILDING AS PRESENTED BY CITY STAFF AT THE CITY COUNCIL WORK SESSION HELD ON JANUARY 13, 2015 (RACIAL EQUITY & DIVERSITY ISSUES). WHEREAS, It is vital for Iowa City's long-term prosperity to create a stronger and more inclusive community; and WHEREAS, The City Council is committed to eliminating disparities within City Government; and WHEREAS, The City Council is committed to promoting racial equity and justice as a fundamental aspect of an inclusive and healthy community; and WHEREAS, On June 19, 2012, the City Council passed a resolution establishing the Ad Hoc Diversity Committee to study City law enforcement, the Citizens Police Review Board and transportation services as they relate to persons of color to promote just and harmonious community interaction; and WHEREAS, On June 18, 2013 the City Council passed a resolution implementing recommendations from the Ad Hoc Diversity Committee and City Staff; and WHEREAS, Pursuant to those recommendations an annual equity report was published on August 18, 2014 with an action plan to reduce racial and ethnic disproportionality within City's services, programs and operations. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby outlines its top priorities and related new initiatives generated by the 2013 report on equity and the specific action plan developed by City staff and Council to promote racial and ethnic equity and improve communications and relationships with the community. • 'Hold listening posts in various locations throughout the community. Two Council members will rotate at each listening post and those two Council members will report back to the entire Council. • Host staff roundtables with Chairs/Directors of local community organizations that focus their efforts on eliminating racial disparities. • Expand Coffee with a Cop to rotate to different areas of the City. • Apply (Police Department) to participate in the United States Department of Justice pilot program on the National Initiative for Building Community Trust and Justice. • Offer Police ride alongs to members of the community who wish to participate. • Expand the use of body -mounted cameras within the Police Department and develop appropriate rules and regulations for this technology. • Continue to participate in the disproportionate minority contact study with Dr. Barnum and St. Ambrose University. • Encourage the expansion of the Citizens Police Review Board to other jurisdictions. • Provide financial and labor resources to City Departments to carry out trainings and activities on cultural competency, cultural awareness, cultural consciousness and implicit bias. • Engage with members of the community specifically persons of color and members of historically underrepresented groups by actively participating in community Page 36 Resolution No. 15-57 Page 2 outreach, activities and programs. • Provide support and resources for a regional community ID program. • Partner with the Government Alliance on Race and Equity (GARE). GARE is an organization of governments across the country committed to racial equity. GARE provides equity resources, best practices and the expertise of practitioners in the field. Staff will conduct a review after one year to determine whether the partnership is producing the intended results. • Review and discuss committee reports from the Criminal Justice Coordinating Committee of Johnson County. • Collect and analyze data on individuals who apply for employment with the City to ascertain what barriers exist in creating workforce equity. • Collect and analyze data on individuals who apply for appointment on City boards/commissions to ascertain what barriers exist in creating proportionate representation of persons of color on boards/commissions. • Evaluate a racial equity impact review tool for City budgets, programs, policies and services. • Take active steps to increase the racial and ethnic diversity of the applicant pool for hiring within the Police Department. • Increase awareness of the options available to file complaints against the Police Department or other City services, programs or operations. Passed and approved this 23rd - day of February J20115. • ATTEST: 71 . ` ee CITY CLERK ved by City Attorney's Office It was moved by trims and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Botchway X Dickens X Dobyns X Hayek X Mims X Payne X Throgmorton Page 37 I RESOLUTION NO. 83=223 RESOLUTION ADOPTING A POLICY REGARDING SERVICE BY CITY COUNCIL MEMBERS ON THE GOVERNING BOARD OF ANY AGENCY FUNDED BY THE CITY OF IOWA CITY. WHEREAS, the City Council is often requested to appoint a representative Council member to serve on the governing board of various local organizations, service agencies, and similar bodies; and WHEREAS, the City of Iowa City annually allocates funding to assist in the operation of such agencies; and WHEREAS, it normally occurs that the various agencies requesting funding must compete for a share of limited available financial resources; and WHEREAS, such funding is allocated by decision of the City Council as a result of a direct voting process; and WHEREAS, it is in the best interest of the City Council and all citizens of Iowa City that Council members remain unbiased in their decision-making processes and avoid situations which might foster such bias. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that it shall be the policy of the City Council that no Council member shall be appointed by the City Council to serve as a member of the governing board of any human service agency which is funded by the City of Iowa City or which agency anticipates requesting such funding. It was moved by Lynch and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x_ Balmer Dickson _ Erdahl X Lynch X McDonald X Neuhauser X Perret Passed and approved this 5th day of July 1983. a A It ATTEST: 2?�_ A�AA_, CITY CLERK ry T6® Legal :apartmenl Page 38---- Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 00-117 RESOLUTION ADOPTING A STANDING RULE REGARDING THE EFFECT OF A COUNCIL MEMBER'S ABSTENTION WHEN NOT REQUIRED BY A CONFLICT OF INTEREST. WHEREAS, pursuant to Section 380.4 of the State Code, in the absence of a conflict of interest a Council member who abstains is included for purposes of determining whether a measure has passed; and WHEREAS, legal significance or effect must be given to a Council Member's abstention when the abstention is not required by a conflict of interest in order to prevent frustration or abuse of the legislative process; and WHEREAS, in order to assure that a Council Member must vote "no" in order to defeat a measure and may not do so by inaction, the City Council desires to adopt a standing rule that abstentions not due to a stated conflict of interest shall be deemed to be a vote with the majority or, in cases of a be vote, a vote in the affirmative. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council of the City of Iowa City hereby adopts a standing rule that an abstention for reasons other than a conflict of interest shall be deemed a vote with the majority or, in cases of a be vote, a vote in the affirmative. For purposes of this rule, the statement of a Council Member that the Council Member declines to vote by reason of a conflict of interest is conclusive. . Passed and approved this 21st day of March , 20—QL_. ATTEST: &t;&, � 7ti , _J CITY'CLERK EWnorVes%abstentdoc Page 39 =Q,= - 9-,00 City Attorney's Office Prepared by: Marian K. Karr, City Clerk, 410 East Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION 02-243 RESOLUTION REPEALING A RESOLUTION PASSED JUNE 15, 1965, ESTABLISHING A PROCEDURE FOR CALLING OP A SPECIAL MEETING AND ADOPTING A NEW RESOLUTION ESTABLISHING PROCEDURE FOR CALLING OF A SPECIAL COUNCIL MEETING WHEREAS, City Ordinance No. 2342, codified as City Code Section 1-5-5, provides that the procedure for the calling of a special meeting shall be set by resolution, and WHEREAS, the City Council expanded from five (5) members to seven (7) members in 1973; and WHEREAS, it is in the interest of the City of Iowa City that the City Council establish a procedure for the calling of a special meeting. NOW THEREFORE BE 1T RESOLVED BY THE CITY COUNCIL OF I OWA CITY, IOWA THAT: 1. Said resolution of June 15, 1965 is hereby repealed. 2. Special meetings of the City Council of the City of Iowa City, Iowa may be called by the Mayor or three (3) Council Members. 3. Notice of the calling of a special Council meeting shall be in writing and shall include the time and place of said meeting, the business to be conducted at said meeting, and the person or persons calling said meeting. 4. Notice shall be served on each Council Member at least twenty-four (24) hours prior to the time of said meeting by delivering a copy thereof to the Council Member in person or to the Council Member's place of residence as shown by the records of the City Clerk. City Clerk in consultation with the City Attorney will document service and make record of the same. 5. Provisions for the call, notice, or time of service may be waived if the entire Council shall consent in writing thereto. 6. Provisions of the method of service may be waived by the individual Council Member affected thereby. Passed and approved this 2nd day of July, 2002. Passed and approved this 2 , day of July , 20_Q2_. 2Z�22 4AkYO2R A ved by ATTEST:? 71AAJ r��M CITY -CLERK �ClAttorney's Office Clerk/res/special meeting.doc Page 40 November 24, 2015 c n $.s4� µ:•jai 4 2015 NO 24 41111:2`7 � r �; i memo CITY OF IOWA CITY t:d g City Attorney's Office I '' k 410 East Washington Street Iowa City, Iowa 52240-1826 (319)_356-5030 (319) 356-5008 FAX www.icgov.org Johnson County Board of Supervisors Iowa State Department of Agriculture 913 S. Dubuque St., Suite 201 Wallace State Office Building iowa City, IA 52240 502 E. 9" St. Brad Comer Iowa City Assessor 913 S. Dubuque St. Iowa City, IA 52240 Johnson County Ag Extension Council 4265 Oak Crest Hill Rd SE Iowa City, IA 52246 Kirkwood Community College Area X 6301 Kirkwood Blvd SW Cedar Rapids, IA 52406 Re: ALPLA, Inc. Property Tax Appeal Des Moines, IA 50319 Iowa City Community School District 1725 N. Dodge St. Iowa City, IA 52245 Iowa City Clerk Marian Karr Iowa City City Hall 410 E. Washington St. Iowa City, IA 52240 M The listed property owner in this case filed to appeal their property taxes. The issues in this case centered on the value of the real estate and improvements. As is often the case in assessment valuation appeals, additional information is obtained from the taxpayer, providing new information to allow the Board of Review and Assessor to reconsider the propriety of the initial assessment. The property owner secured appraisals, and the Board consulted with an independent appraiser as well. The assessed values of the two ALPLA properties in question totaled $16,676,470. ALPLA's appraisals totaled $12,300,000. The parties in this case have reached an agreement without the necessity of an actual trial. Pursuant to Iowa Code § 441.44, this letter is written to notify each of you that the Iowa City Board of Review has reached a voluntary settlement. The parties settled on new assessed values totaling $15,400,000. If you have any questions or would like more information, please do not hesitate to contact me or Brad Comer. Sincerely, Eric R. Goers Assistant City Attorney fir O_ sHHRE _I Having trouble viewing this email? View it as a Web page. City of 10WACITY FOR IMMEDIATE RELEASE Date: Monday, Nov. 23, 2015 Contact: Stan Laverman Phone: 319-356-5135 Iowa City reminds property owners and tenants of sidewalk snow removal ordinance With snow season's early arrival this year, the City of Iowa City reminds residents of its snow removal ordinance requiring sidewalks to be cleared within 24 hours after a one -inch or more snowfall, or after any accumulation of ice has ended. Property owners are responsible for the removal of snow and ice from all sidewalks that abut their private property. The entire width of the sidewalk must be cleared down to concrete. Tenants are advised to check their leases to see if their landlord has transferred the responsibility of snow and ice removal to them. Residents who wish to report a property where the adjacent public sidewalk has not been cleared have three ways to notify the City's Neighborhood & Development Services office: • use the ICGovXpress mobile app on their smart phone (visit www.icgov.org/ICgovXpresslnfo to download the free app — search for it under "GORequest" ), • access ICGovXpress on the City's website at www.icgov.org/icgovxpress; or • call the complaint hotline at 319-356-5152. Complaints must be specific and include an actual address in order for City staff to respond. Residents may visit http://www.iowa-city.org/icgov/apps/GEN/complaintmap.asp to see a map of properties that are being investigated by Neighborhood and Development Services due to complaints from the public. If a complaint is received about an unshoveled property, an inspector will visit the address to verify the violation, and leave a notification tag at the property if a violation exists. A Notice of Violation will also be mailed to the property owner and an additional 24 hours will be given to remove the snow and/or ice. If not completed by the deadline, the City will hire a private contractor to complete the job, and the property owner will be billed those costs plus a $100 administrative fee. Please keep in mind that only one notification will be given per snow season. Subsequent violations at the property will be cleared without further notification. Residents are asked to be considerate of pedestrians this winter by keeping their sidewalks clear and safe. For more information, contact Stan Laverman, Senior Housing Inspector, at 319-356-5135 or stan-laverman(U-Nowa-city.org. Housing o rust Fund Johnson County Board ofDirectors Bob Dvorsky, President State Senator, 37" District Ellen Habel, President Elect City of Coralville Ron Mavrias, Secretary Private Citizen John Warren, Treasurer Bergan KDV --------------- Simon Andrew, City of Iowa City Jerry Anthony, University of Iowa, Urban dam' Regional Planning Robert Brooks, Private Citizen Bob Burns, Burns & Burns, LC IP5 Housing Trust Fund of Johnson County 322 East Second Street Iowa City, IA 52240 Email: tachenbach@htfjc.org Website: www.htfjc.org Office: 319.358.0212 Fax: 319.358.0053 HOUSING TRUST FUND ACCEPTING APPLICATIONS The Housing Trust Fund of Johnson County is currently offering $40,000 in funding to support the development and/or rehabilitation of housing provided to income -qualified households below 80% AMI. Funding will be dedicated for projects capable of utilizing the funds before June 15, 2016. Eligible applicants include businesses, nonprofits, builders, developers, and governmental agencies seeking funds for affordable owner -occupied, rental, transitional or emergency housing in Johnson County. Crissy Canganelli, Shelter House The application deadline is 4 p.m. on Friday, December 18th 2015. An application, MiKayla Crouch, US Bank AMI guidelines, and additional information may be found online at www.htfc.org or by calling 319-358-0212. Maryann Dennis, Ex-offido The Housing Fellowship Kirsten Frey, Kennedy, Cruise, Frey and Gelner Steve Gordon, AM Management Steve Long, HBK Engineering, LLC Tracey Mulcahey, City of North Iiberly Phil O'Brien, Urban Acres Real Estate Scott Schroeder, MidWestOne Bank Rod Sullivan, Johnson County Board of Supervisors Larry Wilson, University Heights Citizen Stag' Tracey Achenbach, Executive Director Casey Cooper Operations Coordinator � r nipup � 11-25-1 IP6 CITY OF IOWA CITY MEMORANDUM Date: November 25, 2015 To: Mayor, Council, and Council Members Elect From: Marian K. Karr, City Clerk 1 Re: CVB Annual Luncheon Attached is information on the Iowa City / Coralville Area Convention and Visitors Bureau Annual Luncheon on December 9. Please let me know if you are interested in attending. Marian Karr Subject: FW: Register for the Dec 9 CVB Annual Luncheon From: Iowa City/Coralville Area Convention & Visitors Bureau<clarissaaa,iowacitvcoralville.org> Subject: Register for the Dec 9 CVB Annual Luncheon Date: November 9, 2015 at 11:31:31 AM CST SHOWING OUR STRIPr-S Dr. John Meehan is an attending surgeon in the Division of Pediatric General and Thoracic Surgery at Seattle Children's Hospital and an associate professor in the Department of Surgery at the University of Washington School of Medicine. His focus is on minimally invasive robotic surgery and new technologies. He also attends at Seattle Children's Bellevue Clinic and Surgery Center and is co-director of the Seattle Children's Robotic Surgery Center. Dr. Meehan received his medical degree from the University of Iowa, College of Medicine. He is also a former McDonnell Douglas F18 Hornet engineer and has been the long-time Iowa City Jingle Cross Race Director. As the keynote speaker, John will outline our efforts to become the 2nd North American city to host a UCI World Cup race. CORALVILLE MARRIOTT HOTEL AND CONFERENCE CENTER 12.09.15 1 11:30am RSVP by Wednesday, December 2 $35 or $325 per table of 10 IP7 W.zIIw 40 , CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (3 19) 356-5009 FAX www.icgov.org November 18, 2015 TO: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination — Maintenance Worker II — Pools Under the authority of the Civil Service Commission of Iowa City, Iowa, I do hereby certify the following named person(s) as eligible for the position Maintenance Worker II — Pools. Mark Alvarez IOWA CITY CIVIL SERVICE COMMISSION Paul C. Holley M DRAFT IOWA CITY TELECOMMUNICATIONS COMMISSION MONDAY, OCTOBER 26,2015--5:30 P.M. CITY CABLE TV OFFICE, 10 S. LINN ST. -TOWER PLACE PARKING FACILITY MEMBERS PRESENT: Derek Johnk, Laura Bergus, Nick Kilburg, Alexa Homewood, Bram Elias MEMBERS ABSENT: STAFF PRESENT: Ty Coleman, Mike Brau OTHERS PRESENT: Josh Goding SUMMARY OF DISCUSSION Goding reported that PATV would hold their annual membership meeting November 19th. New board members will be elected and producer awards given out. PATV plans to offer workshops through the Senior Center in the spring. Coleman reported the City Channel has been busy with city council election programming. Four candidate forums were covered and the Meet the Candidate series recorded. The event announcing the design for the new public art work to be installed in the ped mall also was recorded. Homewood noted the Iowa Utilities Board was very prompt in dismissing Mediacom's response and rejected all aspects of their argument. Kilburg asked what venue Mediacom would have for an appeal and suggested that it would probably move to district court. Coleman said the City Attorney's Office informed him that Mediacom has 30 days to appeal the decision to court. Coleman asked how the 90 -day window for reinstatement of the municipal franchise might be affected if there were to be an appeal. Kilburg said Mediacom would likely file for a stay with their notice of appeal. The court would likely rule quickly on the stay. Elias noted that the time frames set out in the Sept. 21, 2015 ruling were not altered and Mediacom has not gained anything by challenging the order. Coleman said ImOn hopes to provide business Internet service by the end of the year. They plan to provide residential service later in 2016. APPROVAL OF MINUTES Elias moved and Kilburg seconded a motion to approve the amended September 28, 2015 minutes. The motion passed unanimously. ANNOUNCEMENTS OF COMMISSIONERS None. SHORT PUBLIC ANNOUNCEMENTS None. LOCAL ACCESS CHANNEL REPORTS Goding reported that PATV would hold their annual membership meeting November 19th. New board members will be elected and producer awards given out. PATV plans to offer workshops through the Senior Center in the spring. Coleman reported the City Channel has been busy with city council election programming. Four candidate forums were covered and the Meet the Candidate series recorded. The event announcing the design for the new public art work to be installed in the ped mall also was recorded. MEDIACOM REPORT Coleman said he did not have contact with Grassley. CONSUMER ISSUES Homewood noted there was a written report in the meeting packet. Homewood said the on-going complaint regarding providing service to a new subdivision still has not been resolved. Coleman said the process is on track. Another area is also requesting service and Mediacom has initiated a return on investment analysis. Homewood asked how these situations would be handled under the terms of the former municipal franchise. Coleman said there is a density requirement and a cost-sharing formula in the municipal franchise. The first complaint failed Mediacom's return on investment analysis but local Mediacom staff pushed for the infrastructure to be extended. MEDIACOM/IOWA UTILITIES BOARD Homewood noted the Iowa Utilities Board was very prompt in dismissing Mediacom's response and rejected all aspects of their argument. Kilburg asked what venue Mediacom would have for an appeal and suggested that it would probably move to district court. Coleman said the City Attorney's Office informed him that Mediacom has 30 days to appeal the decision to court. Coleman asked how the 90 - day window for reinstatement of the municipal franchise might be affected if there were to be an appeal. Kilburg said Mediacom would likely file for a stay with their notice of appeal. The court would likely rule quickly on the stay. Elias noted that the time frames set out in the Sept. 21, 2015 ruling were not altered and Mediacom has not gained anything by challenging the order. Coleman said ImOn hopes to provide business Internet service by the end of the year. They plan to provide residential service later in 2016. ADJOURNMENT Homewood moved and Bergus seconded a motion to adjourn. The motion passed unanimously. Adjournment was at 5:45 p.m. rR s fully submitted, ichael Brau Cable TV Administrative Aide TELECOMMUNICATIONS COMMISSION 12 MONTH ATTENDANCE RECORD (X) = Present (0) = Absent (O/C) = Absent/Called (Excused) Elias Ber us Kilburg Butler Homewood 8/25/14 X X X X X 9/22/14 X X X X o/c 10/27/14 X X olc o/c X 11/24/14 O/C O/C X X X 1/26/15 X X X X x 2/10/15 X X X o/c X 2/23/15 x x x x X 3/23/15 X X X X X Johnk 4/27/15 x x /c X X 6/1/15 X X X X X 6/22/15 o/c X X X x 8/24/15 0 x X x o/c 9/28/15 X X X X X 10/16/15 X X X X x (X) = Present (0) = Absent (O/C) = Absent/Called (Excused)