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HomeMy WebLinkAbout2019-02-05 ResolutionItem Number: 6.c. r �, CITY OF IOWA CITY COUNCIL ACTION REPORT February 5, 2019 Resolution accepting the dedication of Sanitary Sewer Easement over and across portions of Auditor's Parcels 2011054 and 2011055 Iowa City, Iowa. Prepared By: Sara Greenwood Hektoen, Assistant City Attorney Reviewed By: Jason Havel, City Engineer Eleanor Dilkes, City Attorney Fiscal Impact: None. Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: This public sanitary sewer easement is necessary to facilitate construction of The Grove development west of Camp Cardinal Boulevard, which was recently rezoned. No subdivision was required, so the need for this easement arose through the site plan review process. Background /Analysis: ATTACHMENTS: Description Resolution ( ,O Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356-5030 Resolution No. 19-27 Resolution accepting the dedication of Sanitary Sewer Easement over and across portions of Auditor's Parcels 2011054 and 2011055 Iowa City, Iowa. Whereas, to facilitate construction of The Grove Development on Auditor's Parcel 2011055, as shown on the plat thereof recorded in Book 56, Page 40, in the records of the Johnson County, Iowa Recorder, a sanitary sewer easement across private property is necessary; and Whereas, said development must comply with the planned development plan and conditional zoning agreement approved by City Council on June 6, 2018, and recorded in Book 5795, Page 494-512, in the records of the Johnson County, Iowa Recorder; and Whereas, Iowa City Grove, L.L.C. and The Cardinal Pointe West, LLC, collectively the owners of Auditor's Parcel 2011055 and adjacent property, have agreed to dedicate a sanitary sewer easement to the City and enter into an easement agreement for the same; and Whereas, it is in the public interest to accept the dedication of said easement. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: Acceptance of the above -referenced easement, in a form of approved by the City Attorney's Office, is hereby approved and authorized. 2. Upon direction of the City Attorney, the Mayor is authorized to sign and the City Clerk to attest any and all documentation necessary to effectuate the acceptance of said easement and to record the same at owners' expense. Passed and approved this 5th day of F bruar 2019. MWyor Approved by ATTEST: - �e City Clerk CityAttorn y' Office ' 3d q Resolution No. 19-27 Page 2 It was moved by Salih and seconded by Cole Resolution be adopted, and upon roll call there were: AYES: NAYS: x x x x x x ABSENT: x Cole Mims Salih Taylor Teague Thomas Throgmorton the Item Number: 6.d. r �, CITY OF IOWA CITY COUNCIL ACTION REPORT February 5, 2019 Resolution authorizing the acquisition of property interests necessary for construction of the Idyllwild Stormwater Drainage Diversion Project. Prepared By: Jason Reichart, Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: Funds available in the I dyllwild Drainage account #P3976 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: Preliminary design for the Idyllwild Stormwater Drainage Diversion Project has been completed, and the proposed improvements require the acquisition of permanent easements or fee title and temporary construction easements within the project corridor. Permanent easements or fee title will be required for the stormwater bypass control structure north of Foster Road and the stormwater channel along No Name Road, while temporary construction easements will be needed for storm sewer improvements on the I dyllwild Property. Background /Analysis: The City entered into a Consultant Agreement with HR Green, Inc. on September 19, 2017, for the Idyllwild Stormwater Drainage Diversion Project. This agreement authorizes HR Green, Inc. to evaluate the results of the 2016 Idyllwild Drainage Diversion Study to determine the best alternative, develop preliminary pump station design for the Idyllwild Flood Mitigation System, prepare preliminary and final design for the desired alternative, and provide bidding and construction phase services for the Idyllwild Drainage Diversion Project. The project includes the construction of new storm sewer under Foster Road and a stormwater bypass along the west side of No Name Road to the Iowa River. The project will also evaluate pumping requirements for the Idyllwild Subdivision. ATTACHMENTS: Description Resolution Prepared by. Jason Reinhart, Public Works, 410 E. Washington St, Iowa City, IA 52240 3133565416 Resolution No. 19-28 Resolution authorizing the acquisition of property interests necessary for construction of the Idyllwild Stormwater Drainage Diversion Project. Whereas, the City of Iowa City desires to construct the Idyllwild Drainage Diversion Project ("Project") which includes the construction of new storm sewer under Foster Road and a stormwater bypass along the west side of No Name Road to the Iowa River. Whereas, the Project will also evaluate pumping requirements for the Idyllwild Subdivision.; and Whereas, the City Council has determined that construction of the Project is a valid public purpose under State and Federal law, and has further determined that acquisition of certain property rights is necessary to construct, operate and maintain the proposed project; and Whereas, the City staff has determined the location of the proposed Project; and Whereas, City staff should be authorized to acquire necessary property rights at the best overall price to the City; and Whereas, funds for this project are available in the Other PW - Phase 1 account #P3976. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: The City Council finds that it is in the public interest to acquire property rights by warranty deed, quit -claim deed, and/or easement for the construction of the Idyllwild Drainage Diversion Project ("Project") which Project constitutes a public improvement under Iowa law. The City Council further finds that acquisition of said property rights is necessary to carry out the functions of the Project, and that such Project constitutes a valid public purpose under state and federal law. 2. The City Manager or designee is hereby authorized and directed to negotiate the purchase of property rights by warranty deed, quit -claim deed and/or easement for the construction, operation and maintenance of the Project. The City Manager or designee is authorized to sign purchase agreements for the purchase of property and/or easements, and offers to purchase property and/or easements. 3. The City Manager or designee, in consultation with the City Attorney's Office, is authorized and directed to establish, on behalf of City, an amount the City believes to be just compensation for the property to be acquired, and to make an offer to purchase the property for the established fair market value. 4. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to execute and attest easement agreements and agreements in lieu of condemnation. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. 5. In the event the necessary property rights for the Project cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of any and all property rights necessary to fulfill the functions of the Project, as provided by law. Resolution No. 19-28 Page 2 Passed and approved this 5th day of February _,2019 G, ;' � Ma or Attest: / 1 ity Clerk tl Ap roved b q -?gyp-� City Attorney's Office It was moved by Salih and seconded by adopted, and upon roll call there were: Ayes: Nays: Cole Absent: X the Resolution be Cole Mims Salih Taylor Teague Thomas Throgmorton Item Number: 6.e. I r I, CITY OF IOWA CITY COUNCIL ACTION REPORT February 5, 2019 Resolution Authorizing the Extension and Renewal of the Contract for Tire Repair and Replacement Services for the City's Equipment Division Prepared By: Dan Striegel, Equipment Superintendent Mary Niichel-Hegwood, Purchasing Agent Reviewed By: Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $94,000 annually Recommendations: Staff: Approval Commission: Attachments: Resolution Executive Summary: At the February 5, 2019 City Council meeting, consideration will be given to a resolution to renew Contract RFP17-106 for an additional one-year term. The current contract expires in February 2019. Funding for this contract renewal is available in the General Fleet Maintenance operating budget. Background /Analysis: On December 30, 2016 the Purchasing Division issued a Request for Proposal for Tire Repair and Replacement Services for City vehicles and equipment. The contract was awarded to Linder Tire Service, I nc. The initial term of the contract was for one year, with the option to renew for four additional one-year periods. This will be the second renewal term for the contract with no change in pricing. During the initial two-year time period of the contract, the Equipment Division was able to gather additional information on the average cost of tire replacement and repair services for the City. Average tire repair and replacement expenditures are $94,000 annually. This Resolution authorizes the contract value to exceed $150,000 and authorizes the City Manager to effectuate future contract renewals. ATTACHMENTS: Description Resolution Prepared by: Mary Niichel-Hegwood, Purchasing Agent, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5078 K 'e.. Resolution No. 19-29 Resolution Authorizing the Extension and Renewal of the Contract for Tire Repair and Replacement Services for the City's Equipment Division Whereas, a Request for Proposal (RFP) was issued to solicit tire repair and replacement services for the City of Iowa City on December 30, 2016; and Whereas, the City received one proposal in response to the RFP; and Whereas, an evaluation committee composed of staff from the City's Equipment Division reviewed and scored the proposal and selected Linder Tire Service, Inc. to receive the contract award; and Whereas, the initial term of this contract was for one year, with an option to renew for four additional one-year periods upon mutual consent of the City and Linder Tire Inc; and Whereas, the City would like to exercise the option to renew the contract for another year; and Whereas, the City expects to expend approximately $94,000 annually; and Whereas, City's policy requires City Council approval for contracts over $150,000; and Whereas, funds for this purchase are available in the operating budget for the Equipment Division - General Fleet Maintenance, org 81710510; and Whereas, approval of this procurement is in the public interest. Now, Therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The contract is authorized to extend beyond $150,000 in contract value. 2. The City Manager is authorized to take whatever steps are necessary to effectuate future renewals. Passed and approved this 5th day of February 2019 Z� M or p roved y Attest: City Clerk City Attorney's Office It was moved by salih and seconded by Cole the Resolution be adopted, and upon roll call there were: Resolution No. 19-29 Page 2 AYES: NAYS: ABSENT: x x Cole Mims Salih Taylor Teague Thomas Throgmorton Item Number: 61. r �, CITY OF IOWA CITY COUNCIL ACTION REPORT February 5, 2019 Resolution amending the budgeted positions in the Finance Administration and Risk Management divisions of the Finance Department and amending the Administrative and Confidential Pay Plan accordingly Prepared By: Dennis Bockenstedt, Finance Director Reviewed By: Ashley Monroe, Assistant City Manager Fiscal Impact: Maximum impact is approximately $7,500 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: In the Finance Administration and Risk Management divisions of the Finance Department, the 1.00 FTE Administrative Secretary position, grade 24, is requested to be reclassified as a 1.00 FTE Risk & Finance Assistant position, grade 25. The Risk & Finance Assistant position is a new position that we are also requesting to add to the Administrative and Confidential pay plan. Background /Analysis: The existing Administrative Secretary position in the Finance Department was recently vacated. The needs of the Risk Management and Finance Administration divisions were reviewed and reassessed. Following that reassessment, a new job description, Risk & Finance Assistant, was created that better aligned with the Department's needs. An evaluation of the new position has determined that grade 25 of the Administrative and Confidential pay plan is the appropriate classification for this position. The maximum financial impact of the position change is an increase in expenditures of approximately $7,500. This position is budgeted 25% in the Risk Management Fund, 50% in the Employee Benefits Fund, and 25% in the General Fund. ATTACHMENTS: Description Resolution Prepared by: Dennis Bockenstedt, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5025 Resolution No. 19-30 Resolution amending the budgeted positions in the Finance Administration and Risk Management divisions of the Finance Department and amending the Administrative and Confidential Pay Plan accordingly. Whereas, Resolution No. 18-64 adopted by the City Council on March 6, 2018 authorized budgeted positions in the Finance Administration and Risk Management divisions of the Finance Department for Fiscal Year 2019; and Whereas, Resolution No. 17-14 adopted by the City Council on January 3, 2017, established a classification/compensation plan for Administrative, Confidential and Executive employees; and Whereas, the responsibilities of the City's Finance Administration and Risk Management divisions of the Finance Department have evolved and changed; and Whereas, the Administrative Secretary position's responsibilities have also evolved and changed; Now therefore be it resolved by the city council of the City of Iowa City, Iowa that: 1. The budgeted positions in the Finance Administration and Risk Management divisions of the Finance Department be amended by eliminating the 1.0 FTE position of Administrative Secretary and adding the 1.0 FTE position of Risk & Finance Assistant; 2. The Administrative and Confidential pay plan be amended by adding the position of Risk & Finance Assistant, grade 25. Passed and approved this 5th day of February '20 19 Ma or Appr ed by ATTEST: City Clerk City Attorneys Office It was moved by Salih and seconded by Cole the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Cole X Mims x Salih X Taylor X Teague X Thomas X Throgmorton Item Number: 6.g. + r ui �1 lat • yyrrmr�� CITY Ok IOWA CITY www.icgov.org February 5, 2019 Resolution accepting imposition of civil penalty and waiver of right to hearing from Hy -Vee Gas #1. ATTACHMENTS: Description Resolution Prepared by: Eric Goers, Assistant City Attorney, 410 E. Washington St., Iowa City, ]A 52244, 319-356-5030 Resolution number: 19-31 Resolution accepting imposition of civil penalty and waiver of right to hearing from Hy -Vee Gas #1 Whereas, on November 14, 2018, an employee of Hy -Vee Inc., dba Hy -Vee Gas #1, Iowa City, violated Iowa Code §453A.2(1) by selling or providing tobacco, tobacco products or cigarettes to a minor and this was the first such violation by one of its employees in a two- year period; and Whereas, at the time of the violation, Hy -Vee Inc., dba Hy -Vee Gas #1 was operating under a retail cigarette permit issued by the City of Iowa City; and Whereas, pursuant to Iowa Code §453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee violating Iowa Code §453A.2(1), after a hearing and proper notice; and Whereas, Hy -Vee Inc., dba Hy -Vee Gas #1 has waived its right to the hearing required by Iowa Code §453A.22(2) and accepted responsibility for its employee's violation of Iowa Code §453A.2(1). Now, Therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. Hy -Vee Inc., dba Hy -Vee Gas #1 is assessed a $300.00 civil penalty, as set by State Code. 2. The City Clerk will forward this Resolution to the City Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. Passed and approved this 5thdaayy of February 2019. Ma or Attest: Ci Clerk Appr d by City Attorney's Office Resolution No. 19-31 Page 2 It was moved by Salih and seconded by Cole Resolution be adopted, and upon roll call there were: AYES: NAYS: x X x X x X ABSENT: X Cole Mims Salih Taylor Teague Thomas Throgmorton f1M Item Number: 6.h. + r ui �1 lat • yyrrmr�� CITY Ok IOWA CITY www.icgov.org February 5, 2019 Resolution accepting payment of $1,500.00 civil penalty and waiver of right to hearing from Kirkwood Tobacco & Liquor. ATTACHMENTS: Description Resolution b.h Prepared by: Eric Goers, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52244, 319-356-5030 Resolution number: 19-32 Resolution accepting payment of $1,500.00 civil penalty and waiver of right to hearing from Kirkwood Tobacco & Liquor Whereas, on December 7, 2017, an employee of Hawkeye Star Inc., dba Kirkwood Tobacco & Liquor, 300 Kirkwood Avenue, Iowa City, violated Iowa Code §453A.2(1) by selling or providing tobacco, tobacco products or cigarettes to a minor and this was the first such violation by one of its employees in a two-year period; and Whereas, on November 12, 2018, an employee of Hawkeye Star Inc., dba Kirkwood Tobacco & Liquor, 300 Kirkwood Avenue, Iowa City, violated Iowa Code §453A.2(1) by selling or providing tobacco, tobacco products or cigarettes to a minor and this was the second such violation by one of its employees in a two-year period; and Whereas, at the time of the violation, Hawkeye Star Inc., dba Kirkwood Tobacco & Liquor was operating under a retail cigarette permit issued by the City of Iowa City; and Whereas, pursuant to Iowa Code §453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee violating Iowa Code §453A.2(1), after a hearing and proper notice; and the civil penalty for a second violation within a two-year period is, at the retailer's option, $1,500.00 or a thirty -day permit suspension; and Whereas, Hawkeye Star Inc., dba Kirkwood Tobacco & Liquor has waived its right to the hearing required by Iowa Code §453A.22(2) and accepted responsibility for its employee's violation of Iowa Code §453A.2(1), by paying a $1,500.00 civil penalty to the City Clerk of the City of Iowa City. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that the City Council should accept the waiver of right to hearing and payment of $1,500.00 civil penalty on behalf of Hawkeye Star Inc., dba Kirkwood Tobacco & Liquor. Be it further resolved, that the City Clerk will forward this Resolution to the City Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. Page 2 Resolution No._ 19-32 Passed and approved this qday of February 2019. Ma r Attest: ;Ap6prod cA l City Attorney's Office It was moved by salih and seconded by Resolution be adopted, and upon roll call there were: Ayes: Nays: x le the Absent Cole x Mims Salih Taylor Teague Thomas Throgmorton Item Number: 6.i. + r ui �1 lat • yyrrmr�� CITY Ok IOWA CITY www.icgov.org February 5, 2019 Resolution accepting use of Section 453A.22(3) affirmative defense to tobacco civil penalty by Hawkeye Convenience. ATTACHMENTS: Description Resolution (0;l Prepared by: Eric Goers, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52244,319-356-5030 Resolution number: 19-33 Resolution accepting use of Section 453A.22(3) affirmative defense to tobacco civil penalty by Hawkeye Convenience Whereas, on November 12, 2018, an employee of Petroleum Services Co. L.L.C., dba Hawkeye Convenience, 2875 Commerce Drive, Iowa City, violated Iowa Code §453A.2(1) by selling or providing tobacco, tobacco products or cigarettes to a minor; and Whereas, at the time of the violation, Petroleum Services Co. L.L.C., dba Hawkeye Convenience was operating under a retail cigarette permit issued by the City of Iowa City; and Whereas, pursuant to Iowa Code an establishment which holds a retail cigarette permit is subject to a civil penalty as a result of its employee violating Iowa Code §453A.2(1); and Whereas, pursuant to Iowa Code §453A.22(3), if an employee of a retailer violates §453A.2(1), the retailer shall not be assessed a penalty under §453A.22(2), and the violation shall be deemed not to be a violation of §453A.2(1) for the purpose of determining the number of violations for which a penalty may be assessed pursuant to §453A.22(2), if the employee in question holds a valid certificate of completion of the tobacco compliance employee training program pursuant to §453A.5 at the time of the violation; and Whereas, the Petroleum Services Co. L.L.C., dba Hawkeye Convenience employee who violated §453A.2(1) held a valid certificate of completion of the tobacco compliance training program pursuant to section §453A.5 at the time of the violation; and Whereas, Petroleum Services Co. L.L.C., dba Hawkeye Convenience wishes to assert the affirmative defense set out in §453A.22(3) in order to avoid a civil penalty for its employee's violation of §453A.2(1) and has signed an Acknowledgement of Use of §453A.22(3) Affirmative Defense to Tobacco Civil Penalty; and Whereas, a retailer may assert the affirmative defenses set out in §453A.22(3) only once in a four-year period for a violation of §453A.2 that takes place at the same place of business location and if an employee of Petroleum Services Co. L.L.C., dba Hawkeye Convenience again violates §453A.2(1) within a four-year period, Petroleum Services Co. L.L.C., dba Hawkeye Convenience will be subject to a civil penalty as provided by §453A.22(2), after proper notice and opportunity for hearing. Now, Therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that the City Council should accept Petroleum Services Co. L.L.C., dba Hawkeye Convenience 's use of a §453A.22(3) affirmative defense and should accept Petroleum Services Co. L.L.C., dba Hawkeye Convenience signed Acknowledgment of the same. Be It Further Resolved, that the City Clerk will forward a copy of this Resolution to the City Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. Page 2 Resolution No. 19-33 Passed and approved this _5thday of February, 2019. M or Appr ed by / Attest: Ci Clerk City Attorney's Offic It was moved by Salih and seconded by Cole the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent : x Cole x Mims x Salih x Taylor x Teague x Thomas x Throgmorton Item Number: 7.b. r �, CITY OF IOWA CITY COUNCIL ACTION REPORT February 5, 2019 Resolution setting a public hearing on February 19, 2019 on the project manual and estimate of cost for the construction of the Gilbert Street Intersection Improvements Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said project manual on file for public inspection. Prepared By: Scott Sovers, Sr. Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $960,000, available in the Gilbert Street Intersection Improvements account #S3945 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: This agenda item begins the bidding process for the Gilbert Street Intersection Improvements Project. The project generally includes the following: Gilbert Street (From College Street to Washington Street) • Traffic signals at the College and Washington Street Intersections. • Pedestrian curb ramps at the College and Washington Street Intersections. • Roadway and pedestrian level lighting. • New 12 -inch water main. Washington Street (From Linn Street to Van Buren Street) • Roadway and pedestrian level lighting Background /Analysis: With the original Gilbert Street and Washington Street corridor improvements occurring in the early 1970's, the traffic signals, roadway lighting and pedestrian curb ramps on Gilbert Street (College to Washington) and on Washington Street (Linn to Van Buren) are in need of replacement as they are in poor condition or do not meet current design standards. Additionally, the existing 1946 6 -inch cast iron water main on Gilbert Street between College Street and Washington Street needs to be upgraded to a 12 -inch main to meet future demands of the downtown area. The project manual and estimate of cost for the Gilbert Street Intersection Improvements Project have been filed in the Office of the City Clerk for public examination. The estimated cost of construction is $960,000 and the project is expected to be completed in the spring of 2020. ATTACHMENTS: Description Resolution Prepared by: Scott Sovers, Sr. Civil Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356-5142 Resolution No. 19-34 Resolution setting a public hearing on February 19, 2019 on the project manual and estimate of cost for the construction of the Gilbert Street Intersection Improvements Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said project manual on file for public inspection. Whereas, funds for this project are available in the Gilbert Street Intersection Improvements account # S3945. Now, therefore, be it resolved by the Council of the City of Iowa City, Iowa, that: 1. A public hearing on the project manual and estimate of cost for the construction of the above-mentioned project is to be held on the 19"' day of February 2019, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. A copy of the project manual and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 5th day of February 2019 L. M yor ' t, Approved by Attest: City Clerk City Attorney's Office It was moved by salih adopted, and upon roll call there were: Ayes: 01 and seconded by Nays: Cole Absent: x the Resolution be Cole Mims Salih Taylor Teague Thomas Throgmorton -I,h Item Number: 7.c. r �, CITY OF IOWA CITY COUNCIL ACTION REPORT February 5, 2019 Resolution setting a public hearing on February 19, 2019 on plans, specifications, form of contract, and estimate of cost for the construction of the Willow Creek Park Improvements Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said plans on file for public inspection. Prepared By: Brett Zimmerman, Civil Engineer Reviewed By: Juli Seydell-Johnson, Parks and Recreation Director Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: The estimated cost for this project is $685,000 and will be funded by C I P Account #: R4322 Recommendations: Staff: Approval Commission: Parks Commission reviewed and approved the Willow Creek Park redevelopment plan on August 8, 2018. Attachments: Plan View Playground Rendering Resolution Executive Summary: This agenda item begins the bidding process for the Willow Creek Park Improvements Project. The base bid scope of work for this project includes demolition of existing buildings, pavements and associated work as shown on the plans. Includes proposed improvements of grading, sanitary sewer, water service, restroom building, open shelter, playground installation, trails, plantings and associated work. The project base bid estimate is $685,000. There are three (3) alternates in addition to the base bid. The alternates are as follows: • Alternate #1 — ($11,000) Furnish and install split face block on restroom and shelter. • Alternate #2 — ($10,000) Install play equipment as shown on the project plans. • Alternate #3 — ($12,000) Furnish and install site amenities. Background /Analysis: Willow Creek Park is a 27.2 acre park located at 1117 Teg Drive. The existing restrooms, shelter, and play area have reached the end of their useful lives. This project will replace those aging facilities in accordance to the 2017 Iowa City Park Master Plan. The play area will be music themed and will focus on inclusivity and accessible play for a wide range of residents. This will be achieved through accessible features that engage multiple senses. Additionally, a portion of the play area will include poured -in-place rubber surfacing for improved accessibility. Project Timeline: Set Public Hearing — February 5, 2019 Hold Public Hearing — February 19, 2019 Bid Letting — March 20, 2019 Award Date —April 2, 2019 Construction Start —April 15, 2019 Final Completion — September 30, 2019 ATTACHMENTS: Description Plan View Playground Rendering Resolution R �-a`` C PL ZY,GROUE D AAREDA A A J HID OR NNER. P AREA SWINGS PLAYGRO C AREA }��� `\ UN ALTERNATEDNO 2, PLANrNG ARE - MUSICAL RUBBEREED PLAT SURFACE��A� - PLAYGROUND AREA • �� `` AI P RUBBERIZED PLAY SURFACE FURBEPICED FLA' ONOCRED DEPTH CTIP �f� E _ _ 6s5 ss ------------- -_ NEW SRI LLS AND TRASHLREIIILING - RECEPTACLES o� -- ROMTEC SHELTER EN F—POAM WITH ADULT ANDDSTAT ON � MECHANICAL NICom— /NEW, ADA RRA/MVP 7 �ABICYCL ITATION CA E E � RACK DEPTH CONCRETE (TIP.) 0 cf) U � Z Z W Lu W � a_ 0- U O of U3 a CO Y a Lu z ca w Of a W U � o O r Lu J ¢ % J w Z co cn 6 SNYDER ®ASSOCIATES Continuous Play Features: - (13) Sensory Panels (bells, piano, bongos, chimes, jam box, electronic synthesizer, steel drum, gig-gler, ets.) - (3) slide types - (3) climber types - (2 balance types - (4) upper body types - (1) crawl tunnel - Ramp access Cozy Play Features: - Variety of textural surfaces. - Provides sense of enclosure while maintaining open views. - Provides transfer opportunity out of mobility device. r s .' i�✓. �: 'y►g„c, rte{. � \;i Swing Play Features: - Accessible molded seats. - Belt seat. - Multi-user tandom swing with tot seat. OR Prepared by: Brett Zimmerman, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)3565044 Resolution No. 19-35 Resolution setting a public hearing on February 19, 2019 on plans, specifications, form of contract, and estimate of cost for the construction of the Willow Creek Park Improvements Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said plans on file for public inspection. Whereas, funds for this project are available in account # R4322 — Willow Creek / Kiwanis Park Improvements. Now, therefore, be it resolved by the Council of The City of Iowa City, Iowa, that: A public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 19"' day of February 2019, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. A copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 5th day of Februaryy 12019 Ma or Attest: Cffy Clerk Approved by City Attorney's Office It was moved by salih and seconded by adopted, and upon roll call there were: Ayes: x Nays: Cole Absent: the Resolution be _ Cole x Mims _ Salih _ Teague _ Taylor _ Thomas _ Throgmorton J,G Prepared by: Brett Zimmerman, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356-5044 Resolution No. esolution setting a public hearing on February 5, 2019 n pl s, specifications, form of contract, and estimate of co for the c struction of the Willow Creek Park Improvements oject, directin City Clerk to publish notice of said he ng, and directing e City Engineer to place said plans on a for public inspection. Whereas, funds for this pro' ct are available in account # R432 — Willow Creek I Kiwanis Park Improvements. Now, therefore, be it resolved by £Fye Council of The City ofJbwa City, Iowa, that: 1. A public hearing on the plans, pec ications, f m of contract, and estimate of cost for the construction of the above-mentiXpap ' to be held on the 5h day of February 2019, at 7:00 p.m. in the Emma J. Hty Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting oncil thereafter as posted by the City Clerk. 2. The City Clerk is hereby authorted to publish notice of the public hearing for the above-named project in a ublished at least once weekly and having a general circulation in the City, nour (4) nor more than twenty (20) days before said hearing. 3. A copy of the plans, spe ' (cations, form of ontract, and estimate of cost for the construction of the abov amed project is her y ordered placed on file by the City Engineer in the office oft e City Clerk for public ins ction. Passed and approved this day of 2019 Mayor Approved by Attest: ��� e� r i9 City Clery City Attorney's Office It was moved by and seconded by adopted, afid upon roll call there were: Ayes: Nays: Absent: Cole Mims Salih Teague Taylor Thomas Throgmorton Resolution be Item Number: 11. r �, CITY OF IOWA CITY COUNCIL ACTION REPORT February 5, 2019 Resolution approving project manual and estimate of cost for the construction of the Highway 1 Trail — Sunset Street to Mormon Trek Boulevard Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Prepared By: Brett Zimmerman, Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: The estimated cost for this project is $840,000 and will be funded by C I P Account #: R4225 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: The base bid scope of work for the Highway 1 Trail - Sunset Street to Mormon Trek Boulevard Project includes installation of a 10' wide PCC trail between Sunset Street and Mormon Trek Boulevard. The project also includes all associated utility and storm sewer improvements required for the installation of the trail. The project base bid estimate is $840,000. Background /Analysis: This project includes a new trail connection from Sunset Street to Mormon Trek Boulevard, and is an extension of the recently completed Highway 1 Trail project that is located from Orchard Street to Sunset Street. The project completes the planned Highway 1 Trail system and ultimately connects the existing Iowa River Corridor Trail to the existing Mormon Trek Boulevard sidewalk. Project Timeline: Hold Public Hearing — February 5, 2019 Bid Letting — March 19, 2019 Award Date —April 2, 2019 Construction Start — May 6, 2019 ATTACHMENTS: Description Resolution Prepared by. Brett Zimmerman, Public Works, 410 E. Washington St, Iowa City, IA 52240 (319) 356-5044 Resolution No. 19-37 Resolution approving project manual and estimate of cost for the construction of the Highway 1 Trail — Sunset Street to Mormon Trek Boulevard Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Whereas, notice of public hearing on the project manual and estimate of cost for the above- named project was published as required by law, and the hearing thereon held; and Whereas, the City Engineer or designee intends to post notice of the project on the website owned and maintained by the City of Iowa City; and Whereas, funds for this project are available in account # R4225. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: The project manual and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the form and amount prescribed in the bidding proposal. 3. The City Clerk is hereby authorized and directed to post notice as required in Section 26.3, not less than 13 days and not more than 45 days before the date of the bid letting, which may be satisfied by timely posting notice on the Construction Update Network, operated by the Master Builder of Iowa, and the Iowa League of Cities website. 4. Bids for the above-named project are to be received by the DOT, Office of Contracts, 800 Lincoln Way, Ames, IA 50010, (515) 239-1414 before 10:00 a.m. on the 19th day of March, 2019. Thereafter, the bids will be opened and announced by the DOT, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 2nd day of April, 2019, or at a special meeting called for that purpose. Passed and approved this 5th day of February 20 19 MaO6r Attest: pQroved b / 2 CDI so CiCty City Attorney's Office Resolution No. 19-37 Page 2 It was moved by Salih and seconded by adopted, and upon roll call there were: Ayes: x Nays: Thomas Absent: x the Resolution be Cole Mims Salih Taylor Teague Thomas Throgmorton It Prepared by: Brett Zimmerman, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 3565044 Resolution No. 19-37 Resolution approving project manual and stimate of cost for the c struction of the Highway 1 Trail — unset Street to Mormon Tre Boulevard Project, establishin amount of bid security to acco any each bid, directing manual/ Clerk to post notice to bidders, d fixing time and plac for receipt of bids. Whereas, notice of pubhearing on the oject manual and estimate of cost for the above- named project was publish as required b aw, and the hearing thereon held; and Whereas, the City Engineero esig a intends to post notice of the project on the website owned and maintained by the City f I a City; and Whereas, funds for this project are Now, therefore, be it resolved byy,4he City in account # R4225. of the City of Iowa City, Iowa that: 1. The proj/days al and estimate o\bbids, r the above-named project are hereby approved 2. The amosecurity to accomh bid for the construction of the above- named prl be in the form andescribed in the bidding proposal. 3. The City reby authorized anto ublish notice, not less than 4 and not more thanbefore the date for ids, r the receipt of bids by the DOT for the constthe above-namedin a n spaper published at least once weekly ana general circulation. 4. Bids for a above-named project are to be receivedby the\.on e of Contracts, 800 Lincoln ay, Ames, IA 50010, (515) 239-1414 before 10:00 19d' day of March, 20ll be opened and announceT, and thereupon rethe City of Iowa City, Iowa, pon said bids at its ned at the Emma J. Harvat HalIowa City, Iowa, at 7:0l, 2019, or at a special meetinthat purpose. Passed yind approved this 5th day of Ma or J Approved /b/y Attest: 1Su �d2�� .,rv� City Clerk City Attorney's Office i/3o // Item Number: 12. r �, CITY OF IOWA CITY COUNCIL ACTION REPORT February 5, 2019 Resolution approving project manual and estimate of cost for the construction of the West Riverbank Stabilization Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Prepared By: Ben Clark, Sr. Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: Estimated costs are $1,300,000, available in the West Riverbank Stabilization and Trail fund #P3981 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: Bids for this project were received on December 18, 2018 and were rejected at the January 8, 2019 council meeting. The project has been revised in an effort to receive more favorable bids by providing additional detail on the requirements for the retaining wall foundation. Background /Analysis: High water along the Iowa River, particularly during the 2013, 2014 and 2018 flood events, has accelerated bank erosion along the west side of the Iowa River just north of Highway 6. If left unchecked, loss of property will result and will preclude the installation of a long planned recreational trail along that stretch of the Iowa River. The project will involve constructing a retaining wall that will stabilize the river bank and accommodate a future recreational trail. Project Timeline: Hold Public Hearing — February 5, 2019 Bid Letting —February 28, 2019 Award Contract — March 12, 2019 Final Completion — September 30, 2019 ATTACHMENTS: Description Resolution Prepared by Ben Clark, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356-5436 Resolution No. 19-38 Resolution approving project manual and estimate of cost for the construction of the West Riverbank Stabilization Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Whereas, notice of public hearing on the project manual and estimate of cost for the above- named project was published as required by law, and the hearing thereon held; and Whereas, the City Engineer or designee intends to post notice of the project on the website owned and maintained by the City of Iowa City; and Whereas, funds for this project are available in the West Riverbank Stabilization and Trail fund #P3981. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: The project manual and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to post notice as required in Section 26.3, not less than 13 days and not more than 45 days before the date of the bid letting, which may be satisfied by timely posting notice on the Construction Update Network, operated by the Master Builder of Iowa, and the Iowa League of Cities website. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 3:00 p.m. on the 28th day of February 2019. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 12th day of March 2019, or at a special meeting called for that purpose. Passed and approved this 5th day of February / _'2019. 42:� G. Maor _Aqproven✓ f'L. Attest: #1iClerk City Attorney's Office / Resolution No. 19-38 Page 2 It was moved by Thomas adopted, and upon roll call there were: Ayes: X and seconded by Nays: Salih Absent: M the Resolution be Cole Mims Salih Taylor Teague Thomas Throgmorton Item Number: 17. r �, CITY OF IOWA CITY COUNCIL ACTION REPORT February 5, 2019 Resolution authorizing the City Manager to sign and manage separate Automatic Aid Agreements with the cities of Coralville and North Liberty to render mutual aid in building fire calls. Prepared By: Eric Goers, Asst. City Attorney Reviewed By: John Grier, Fire Chief Simon Andrew, Asst. to the City Manager Fiscal Impact: Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Automatic Aid Agreement with Coralville Automatic Aid Agreement with North Liberty Executive Summary: These agreements will allow for the automatic and simultaneous dispatching by the Johnson County Joint Emergency Communications Center (JECC) to building fire incidents in designated areas of each jurisdiction. The Coralville Fire Department will automatically respond to building fire incidents in both west and central Iowa City; the Iowa City Fire Department will automatically respond to building fire incidents within the city limits of Coralville south of Interstate 80 and Coralville's Linder Road response area. The North Liberty Fire Department will automatically respond to building fire incidents in high - hazard structures in both west and central Iowa City; the Iowa City Fire Department will automatically respond to building fire incidents in North Liberty's Dubuque Street NE response area. Background /Analysis: For over 35 years, fire departments with jurisdiction in Johnson County have participated in a 28E Mutual Aid Agreement for fire protection services. The agreement provides for sharing resources, to include personnel and equipment when the requesting jurisdiction's resources have been exhausted. Under the existing agreement, resources from the assisting jurisdictions are not dispatched until a unit on scene of the emergency requests assistance, causing a significant delay in the arrival of equipment and personnel. Instituting an automatic aid agreement removes the time delay in the dispatch and arrival of additional resources. ATTACHMENTS: Description Resolution Coralville Auto Aid Agreement North Liberty Auto Aid Agreement Paul D. Pate 9pic or raw " Secretary of State Pra A�5° State of Iowa oar uF } i FILED 28E W Agreement LL M511870 0 0 7/25/2019 11:03:02 AM LL PLEASE READ INSTRUCTIONS ON BACK BEFORE COMPLETING THIS FORM Item 1. The full legal name, organization type and county of each participant to this agreement are: 'Enter "Other' if not in towa Item 2. The type of Public Service included in this agreement is: 210 Fire Response (Enter only one Service Code and Description) Code Number Service Description Item 3. The purpose of this agreement is: (please be specific) Automatic Aid Agreements with the cities of Coralville and North Liberty to render mutual aid in building fire calls (Res 19-39) Item 4. The duration of this agreement is: (check one) ❑Agreement Expires ZIndefinite Duration [mmiddtyyyy] Item 5. Does this agreement amend or renew an existing agreement? (check one) m NO ❑ YES Filing # of the agreement: (Use the fling number of the most recent version fled for this agreement) The filing number of the agreement may be found by searching the 28E database at: httv:llsos.iowa.gov/28e, Item 6. Attach two copies of the agreement to this form if not filing online. Item 7. The primary contact for further information regarding this agreement is: (optional) LAST Name Fruehlinq FIRST Name Kellie Title City Clerk Department City Clerk Email kellie-fruehling(a)iowa-city.orq Phone 319-356-5041 Full Legal Name Organization Type 'County Party 1 City of Iowa City City Johnson Party 2 City of North Liberty City Johnson Party 3 City of Coralville City Johnson Party 4 Party 5 'Enter "Other' if not in towa Item 2. The type of Public Service included in this agreement is: 210 Fire Response (Enter only one Service Code and Description) Code Number Service Description Item 3. The purpose of this agreement is: (please be specific) Automatic Aid Agreements with the cities of Coralville and North Liberty to render mutual aid in building fire calls (Res 19-39) Item 4. The duration of this agreement is: (check one) ❑Agreement Expires ZIndefinite Duration [mmiddtyyyy] Item 5. Does this agreement amend or renew an existing agreement? (check one) m NO ❑ YES Filing # of the agreement: (Use the fling number of the most recent version fled for this agreement) The filing number of the agreement may be found by searching the 28E database at: httv:llsos.iowa.gov/28e, Item 6. Attach two copies of the agreement to this form if not filing online. Item 7. The primary contact for further information regarding this agreement is: (optional) LAST Name Fruehlinq FIRST Name Kellie Title City Clerk Department City Clerk Email kellie-fruehling(a)iowa-city.orq Phone 319-356-5041 11 Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 19-39 Resolution authorizing the City Manager to sign and manage separate Automatic Aid Agreements with the cities of Coralville and North Liberty to render mutual aid in building fire calls. Whereas, a formal Chapter 28E Mutual Aid Agreement signed by Iowa City, Coralville, and North Liberty, among others, already exists; and Whereas, Iowa City, Coralville, and North Liberty wish to increase the speed of response to calls involving building fires in circumstances where the location of the fire lends itself to the possibility of a rapid response by of the assisting fire department; and Whereas, the Automatic Aid Agreements will provide for an automatic and simultaneous page within the computer aided dispatch system to both relevant departments in the event of a building fire in designated areas; and Whereas, it is in the City's best interest to approve the attached Automatic Aid Agreements with Coralville and North Liberty. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The attached Automatic Aid Agreements with Coralville and North Liberty are hereby approved and ratified. 2. The City Manager, or designee, is hereby authorized to manage said Agreements. Passed and approved this 5th day of February 2019 Maygr A oved by Attest: ty Clerk 1 City Attorney's Office Resolution No. i 9-3c) Page 2 It was moved by 'Thomas adopted, and upon roll call there were: and seconded by Ayes: Nays: x the Resolution be Absent: Cole x Mims Salih Taylor Teague Thomas Throgmorton Resolution No. 2019-40 A RESOLUTION APPROVING THE AUTOMATIC AID AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF NORTH LIBERTY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH LIBERTY, IOWA: WHEREAS, the occasions arise that resources are necessary above what the City of North Liberty Fire Department has available; and WHEREAS, it is the parties' desire to agree and establish, in writing, their understanding concerning the agreement for automatic aid. NOW, THEREFORE, BE IT RESOLVED that that the attached agreement between the City of North Liberty and the City of Iowa City is approved for Automatic Aid. BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to execute said agreement. APPROVED AND ADOPTED this 12th day of March, 2019. CITY OF NORTH LIBERTY: A"� I L. DONAHUE, MAYOR ATTEST: I, Tracey Mulcahey, City Clerk of the City of North Liberty, hereby certify that at a meeting of the City Council of said City, held on the above date, among other proceedings, the above was adopted. TRACEY M CAHEY, CITY CLERK North Liberty - 2019 Resolution Number 2019.40 Page 1 AUTOMATIC AID AGEEMENT - FIRE IOWA CITY AND NORTH LIBERTY Whereas, occasions often arise that overtax the resources available to the Iowa City Fire Department and the North Liberty Fire Department These entities (or "departments") provide fire protection services and wish to enter into an automatic aid agreement for fire suppression in their respective fire districts. This agreement provides for an automatic and simultaneous page within the computer aided dispatch system to both departments in the event of an incident that qualifies as a "building fire" within the designated area of their respective fire districts. Within the Iowa City fire district, the North Liberty Fire Department would respond automatically within Iowa City box 10 and box 20. Within the North Liberty fire district, the Iowa City Fire Department would respond automatically within North Liberty box 3. The Johnson County Joint Emergency Communications Center has agreed to provide this service. A formal Mutual Aid Agreement (28E) already exists between the Iowa City Fire Department and North Liberty Fire Department, as well as other departments in Johnson County, Iowa. All aspects of fire scene operations for an automatic aid call will conform to the conditions outlined in that agreement and standard principles of the National Incident Management System. In the event of an automatic aid call for the Iowa City Fire Department, the North Liberty Fire Department will directly send resources outlined within the box card specific to the location of the incident. In the event of an automatic aid for the North Liberty Fire Department, the Iowa City Fire Department will directly send resources outlined within the box card specific to the location of the incident This agreement shall be in full force and effect upon execution by the parties. The agreement may be amended by agreement of the parties. Either party may withdraw from the agreement by giving thirty (30) days written notice to the other party. CITY OF IOWA CITY Ge ruin, City Manager Approved By City Attorney's office Date: 4/7 f //? Mayor Tracey MulcaVej, City Clerk STATE OF IOWA, JOHNSON COUNTY: ss On this day of -AA41 2019, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Terry L. Donahue and Tracey Mulcahey, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of North Liberty, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the municipal corporation; and that the instrument was signed and sealed on behalf of the municipal corporation by the authority of its L Ci Council, as contained in Resolution No. Z101 -Il of the City Council on the clay of 2019; and that Terry L. Donahue and Tracey Mulcahey acknowledged the execution of the instrument to be their voluntary act and dee and the voluntary act and deed of the corporation, by it and by them voluntarily executed. n o a'"4s S7ACEYANN NOUSE No e of ]pwa Commission Number7B7a My Com Isslon Expires �owP 7 0 RESOLUTION NO. 2019 - 38 RESOLUTION APPROVING AN AUTOMATIC AID AGREEMENT BETWEEN THE CITY OF CORALVILLE AND CITY OF IOWA CITY. WHEREAS, the City Council of the City of Coralville has heretofore deemed it necessary and desirable to give automatic aid to and to receive automatic aid from the City of Iowa City Fire Department in case of a structural fire; and WHEREAS, the City Council of the City of Iowa City has also deemed it necessary and desirable to give automatic aid to and to receive automatic aid from the City of Coralville Fire Department in case of a structural fire; and WHEREAS, both cities have submitted an Automatic Aid Agreement - Fire detailing the terms and conditions for providing and receiving automatic aid in the case of a structural fire. WHEREAS, the Fire Chief has recommended approval of said agreement. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Coralville, Johnson County, Iowa, that the aforementioned agreement be and the same is hereby approved. BE IT FURTHER RESOLVED, that the Mayor or Mayor Pro -tem and City Clerk are hereby authorized and directed to execute said agreement on behalf of the City. www*www* Passed and approved this 12" day of March, 2019. itc�ayor Fro -tern . ATTEST: orqten J. msorC City Clerk The above foregoing Resolution 2019-38 was introduced by Council Member Gross moved for its adoption. This motion was seconded by Council Member Gill after discussion, the following roll was called: AYES: Gill, Dodds, Foster, Gross NAYS: None ABSENT: Goodrich Whereupon the Mayor Pro -tem declared the motion duly carried and the Resolution duly adopted March 12, 2019. -- -- --- -------- Mitch Gross, Mayor Pro -tem ATTEST: Thorsten J. Joy hnson, City Clerk AUTOMATIC AID AGEEMENT - FIRE IOWA CITY AND CORALVILLE Whereas, occasions often arise that overtax the resources available to the Iowa City Fire Department and the Coralville Fire Department. These entities (or "departments") provide fire protection services and wish to enter into an automatic aid agreement for fire suppression in their respective fire districts. This agreement provides for an automatic and simultaneous page within the computer aided dispatch system to both departments in the event of an incident that qualifies as a "building fire" within the designated area of their respective fire districts. Within the Iowa City fire district, the Coralville Fire Department would respond automatically within Iowa City box 10, box 20 and box 21. Within the Coralville fire district, the Iowa City Fire Department would respond automatically within Coralville box 1 and box 3. The Johnson County Joint Emergency Communications Center has agreed to provide this service. A formal Mutual Aid Agreement (28E) already exists between the Iowa City Fire Department and Coralville Fire Department, as well as other departments in Johnson County, Iowa. All aspects of fire scene operations for an automatic aid call will conform to the conditions outlined in that agreement and standard principles of the National Incident Management System. In the event of an automatic aid call for the Iowa City Fire Department, the Coralville Fire Department will directly send resources outlined within the box card specific to the location of the incident. In the event of an automatic aid for the Coralville Fire Department, the Iowa City Fire Departmentwill directly send resources outlined within the box card specific to the location of the incident. This agreement shall be in full force and effect upon execution by the parties. The agreement may be amended by agreement of the parties. Either party may withdraw from the agreement by giving thirty (30) days written notice to the other party. CITY YOOFIOWA CITY ✓ . I Date: Geo ruin, City Manager 4_Appi� ilY / CltyAttorneys Office AUTOMATIC AID AGEEMENT - FIRE IOWA CITE' AND CORALVILLE Whereas, occasions often arise that overtax the resources available to the Iowa City Fire Department and the Coralville Fire Department. These entities (or "departments") provide fire protection services and wish to enter into an automatic aid agreement for fire suppression in their respective fire districts. This agreement provides for an automatic and simultaneous page within the computer aided dispatch system to both departments in the event of an incident that qualifies as a "building fire" within the designated area of their respective fire districts. Within the Coralville fire district, the Iowa City Fire Department would respond automatically within Coralville box 1 and box 3. Within the Iowa City fire district, the Coralville Fire Department would respond automatically within Iowa City Fire box 10, box 20 and box 21. The Johnson County Joint Emergency Communications Center has agreed to provide this service. A formal Mutual Aid Agreement (28E) already exists between the Iowa City Fire Department and the Coralville Fire Department, as well as other departments in Johnson County, Iowa. All aspects of fire scene operations for an automatic aid call will conform to the conditions outlined in that agreement and standard principles of the National Incident Management System. In the event of an automatic aid call for the Iowa City Fire Department, the Coralville Fire Department will directly send resources outlined within the box card specific to the location of the incident. In the event of an automatic aid for the Coralville Fire Department, the Iowa City Fire Department will directly send resources outlined within the box card specific to the location of the incident. This agreement shall be in full force and effect upon execution by the parties. The agreement may be amended by agreement of the parties. Either party may withdraw from the agreement by giving thirty (30) days written notice to the other party. CITY OF CORALVILLE, IOWA -Mg 6 1Y. Date: J—/-? —/% Mayor HItY4 (yvitS Date: Thorsten Johnson, City Clerk CITY OF IOWA CITY, IOWA Item Number: 18. + r ui �1 lat • yyrrmr�� CITY Ok IOWA CITY www.icgov.org February 5, 2019 Resolution assessing $300.00 civil penalty against Kum & Go #422 ATTACHMENTS: Description Citation Resolution t. ST�9-oa-tl�� ✓ IOWA CfIy- EMT PLAINUM iNcip stak of Iowa . . Counly of.. ."Mmumm IC P 2 3 3 9 2 9 0 city 4f-. MJWA MM In the C'ouyl at 41MCLINTMIn V& N AMM: K& k'— 4" City --j SS/DL#. DLClass . defindat did =UwAft.- mix My -vr — OAM40FM Opando MojW Vebkkako (0600be) (XX Reg? Yea[] N613 PW Bad. Rq? Yftl3 Nott %Md Re& 0 i;;�- �YasQ NoD Upwapmkh*hway g, 72ir Y r Loalttod in at muty =d 07veft 13""*,6cm OSOot+rato WATV 13n&.Gam CiPob AWbu, O&heddled Moffine. 3 Raw cuww. Z.,, I $- I . 1) W Rqpimd (W.1,0) Db court co* $--LD--AO OPI. biimpi"Awd. NatTolli Fim%am DFAW Am -dM P, , , S -AL" Write in DATA oDDE— - Lkw ()ad. code 1 M* WWapenalty cfpqjW sad pmoM to dw lmfac Billill Of 110 Pwoftistfom 1jr1t the lu'domt This .00 named 1./ Ma kW Yr. OPW Date: If you marl appear in oom ar if you &OM 10 qVW to sowa a dWp :which uequira an Yr. at014A AM C)PM fain Iowa sed it ptatishhblc as an �$rattikad faisdemaaaot. I of owe of M). Skutum bg]OW iS JWt A WN of gWily, but s*nawW an ortbv f 2. d, 3. Thefdtrwing Misr re on 4N 'hwft$iytmfr umc'iW*Pmaoefiord iNthe MMUYA*f alto. • 7doaoa 2"1 SH 102PIPM10ftem orlbycomWto dAW qWgbeeffam doW lFt the seat is amb"ind to eater a oftvlcdm 00 Foldw bmtm 11pim = jbF the AMD" ormw q"Mam bmW JR nft&Wm tffgm pmft adwO.W 0� ppyr �Gt h`� �l (o p � `f1Y 4 AMMUCT OF 11- COURT NO CASE NO. t Docm NO. CASE NO. LICENSENO. STATE Q IOWA d OTHER FORFEIT BOND O BAIL CASH DEPOSIT JURY'TRIAL Q au a GUILTY 0 GUILTY NO JURY TRIAL I] NOT GUILTY i] NOT GUILTY Qr PROCEEDING fl IT DISMISSED OTHER DISPOSITION 7U Court Thaefarae Facers In Fallowing Order This Date — / / � 4Y � Ye. FINEDS� SURCHARGES—_ COSTSS Inoammlon in Hoare School Susp Dara Rego Drivers iiGense D DA M, Condamed Am REASQN- DAM pAi>a` wwa:kwra�� TF,STIMONY-JI.ID(IF.S NOM: (Otherordere) I SWEAR THAT THE FORGOING CITATION IS TRUE AND CORRECT. i .1 AGENCY L SLPB CR18ED AND SWORN TO ROME ME BY &11(684 AT THIS -LDAY GFIMOSUC20011 TO THE COURT: The f0[bwh6 arae wits uw who can glvc taxtinaorty relating to the facts of this alleged viohuiaaa. place subpoena pmewating witness; Title Name Adhass Phone I. Z. 3. 4. 5. M Prepared by: Eric Goers, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52244,319-356-5030 Resolution number: 19-40 Resolution assessing $300.00 civil penalty against Kum & Go #422 Whereas, on November 12, 2018 an employee of Kum & Go L.C., dba Kum & Go #422, Iowa City, violated Iowa Code §453A.2(1) by selling or providing tobacco, tobacco products or cigarettes to a minor; and Whereas, at the time of the violation, Kum & Go L.C., dba Kum & Go #422 was operating under a retail cigarette permit issued by the City of Iowa City; and Whereas, pursuant to Iowa Code §453A.22(2) and §453A.47A(11), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 the first time its employee violates Iowa Code §453A.2(1); and Whereas, a hearing was held on this date by the City Council to determine whether to assess the civil penalty against Kum & Go L.C., dba Kum & Go #422 and at said hearing the City Council heard the facts of the violation and the arguments of the retailer, if any; and Whereas, this violation is the first such violation of an employee of Kum & Go L.C., dba Kum & Go #422 within a two-year period to be considered by the City Council under Iowa Code §453A.22(2). Now, Therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that the City Council, after notice and hearing, pursuant to Iowa Code §453A.22(2) and §453A.47A(11) hereby imposes a civil penalty in full, and if the civil penalty is not timely paid any applicable permit held by the retailer shall automatically be suspended for a period of (14) days, in addition to the $300.00 civil penalty. Be it further resolved, that the City Clerk will forward a copy of this Resolution to the City Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. Passed and approved this t day of February 2019. L. May& Approved by vc� Attest: Jl�L C, � City Clerk City Attorney'sOffice Page 2 Resolution No. 19-40 It was moved by Saiih and seconded by Teague the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Cole x Mims x Salih x Taylor x Teague x Thomas x Throgmorton M Prepared by Eric R. Goers, Assistant City Attorney, 410 E. Washington, Iowa City, IA 52240, (319) 356-5030 Resolution number. 19-41 Resolution ratifying the settlement of impending litigation. Whereas, on August 911, 2013, the City suffered a water main break in the 100 block of E. Washington Street; and Whereas, following the water main break, Hands Jewelers, Inc. filed suit against the City for damages they suffered; and Whereas, all parties in this matter have arrived at a settlement agreement and wish to resolve the claim without the need for litigation; and Whereas, it is appropriate to ratify said settlement, as provided by law, with payment to Hands Jewelers in the amount of $203,645.39 in full satisfaction of any and all claims which the claimant and/or related parties may have against the City in the above matter, in consideration of the claimant's full release and indemnification against subrogation claims. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. That the suit filed against the City by Hands Jewelers should be and is hereby settled, and said settlement, as previously discussed in executive session earlier this day, February 51 2019, is hereby ratified for the sum of $203,645.39 payable to Hands of Iowa City , in full satisfaction of any and all claims. 2. City Council for the City of Iowa City hereby approves said settlement as being in the best interest of the City of Iowa City and the parties involved, ratifies said settlement as provided by law, and confirms that said settlement is hereby ratified, contingent upon execution of appropriate releases. Passed and approved this 5th day of February -,20 19 4. A6�:- Ma)j6r Ap ved by Attest: 4C' Clerk City Attorney's Office Resolution No. 19-41 Page 2 It was moved by Salih and seconded by Teague adopted, and upon roll call there were: Ayes: x Nays: Absent: Cole the Resolution be x Mims Salih Taylor Teague Thomas Throgmorton Item Number: 19. + r ui �1 lat • yyrrmr�� CITY Ok IOWA CITY www.icgov.org February 5, 2019 Resolution Recognizing and Supporting the Vital Role of the University of Iowa's Labor Center ATTACHMENTS: Description Resolution Ig Prepared by: Geoff Fruin, 410 E. Washington St., Iowa City, IA 52240-319-356-5010 Resolution No. 19-36 Resolution Recognizing and Supporting the Vital Role of the University of Iowa's Labor Center. Whereas, the University of Iowa, one of the nation's premier public universities with over 30,000 students, is located primarily in Iowa City; and Whereas, the University and Iowa City share many overlapping interests and concerns, and hence thrive when they share information, expertise, and services that strengthen both the campus and the community; and ' Whereas, the City Council recognizes the financial pressures the University has been facing, the difficult choices leaders of the University must make, and the importance of not undermining our close and valued relationship; and Whereas, the City Council has a responsibility to inform University leaders about any adverse effects we believe its actions might have on Iowa City's residents; and Whereas, the University of Iowa's Labor Center has, since 1961, been a trusted source of research and education on labor -related topics such as: workplace health and safety, wage payment rights, family and medical leave protections, confronting discrimination and harassment on the job, compensation for injured workers, and leadership skills; and Whereas, these research and education efforts have promoted human dignity, equity, and high- quality jobs, and have, therefore, helped to improve the lives of workers and their families in Iowa City and throughout the state; and Whereas, the Labor Center has also served as an important bridge connecting Iowa City residents and the campus, bringing together students, faculty, and national leaders with local workers and community organizations to analyze contemporary problems and develop innovative solutions; and Whereas, the Iowa City Human Rights Commission formally recognized the Labor Center as recipient of the 2018 Bill Reagan Human Rights Award for the Center's outstanding contributions to human rights by an organization; and Whereas, hundreds of Iowa City -area residents have joined nearly 10,000 people across the state in signing petitions, providing public testimony, attended rallies, and speaking out to University leaders to emphasize the vital role the Labor Center plays in improving the lives of workers and students and to call on the administration to recommit funding to this institution; and Whereas, we believe that closing the Labor Center would harm people in Iowa City who depend on it as a source of vital information at a time when labor and employment laws are undergoing dramatic changes, when workers in Iowa City and the state are experiencing workplace abuses such as wage theft, racial and national origin discrimination, and sexual harassment Resolution No. 19-36 Page 2 Now Therefore, be it resolved by the City Council of the City of Iowa City, in the State of Iowa, that the Iowa City Council urges the University of Iowa not to close the Labor Center and instead to allocate sufficient funds to preserve this resource for generations of workers and students to come. Passed and approved this 5th day of February '22019. Ma or ATTEST: 1' City Clerk It was moved by Salih adopted, and upon roll call there were: AYES: �oved by '?.0 Z -L -/9 City Attorney's Office and seconded by NAYS: ABSENT: Cole the Resolution be x Cole x Mims x Salih x Taylor x Teague x Thomas x Throgmorton IQ Prepared by: Geoff Fruin, 410 E. Washington St., Iowa City, IA 52240-319-356-5010 Resolution No. Reso tion Recognizing and Supporting the Vital Role o e University of Iowa\commun enter. Whereas, ty of Iowa, one of the nation's premier public iversities with over 30,000 students, marily in Iowa City; and Whereas, y and Iowa City share many overlappin Interests and concerns, and hence thriy hare information, expertise, and se Ices that strengthen both the campus aun ; and Whereas, the City Council rel gnizes the financial pre ures the University has been facing, the difficult choices leaders of t University must ma e, and the importance of not undermining our close and valued relationship, nd Whereas, the City Council has a resp nsibility t Inform University leaders about any adverse effects we believe its actions might hav on to a City's residents; and Whereas, the University of Iowa's LaborC ter has, since 1961, been a trusted source of research and education on labor -related t pic such as: workplace health and safety, wage payment rights, family and medical leav prote 'ons, confronting discrimination and harassment on the job, compensation r injured orkers, and leadership skills; and Whereas, these research and ed/;and n efforts have romoted human dignity, equity, and high- quality jobs, and have, therefore,d to improve the Ives of workers and their families in Iowa City and throughout the sta Whereas, the Labor Center h also served as an important idge connecting Iowa City residents and the campus, br nging together students, faculty, kd national leaders with local workers and community or nizations to analyze contemporary oblems and develop innovative solutions; and Whereas, the Iowa City uman Rights Commission formally recogniz d the Labor Center as recipient of the 2018 B' Reagan Human Rights Award for the Center's utstanding contributions to huma rights by an organization; and Whereas, hundreds f Iowa City -area residents have joined nearly 10,000 p ple across the state in signing pe' ions, providing public testimony, attended rallies, and spe ing out to University leader to emphasize the vital role the Labor Center plays in improvin the lives of workers and stu ents and to call on the administration to recommit funding to this ' stitution; and Whereas, we/believe that closing the Labor Center would harm people in Iowa City wh depend on it as a s96rce of vital information at a time when labor and employment laws are and going dramatic Oanges, when workers in Iowa City and the state are experiencing workplace ases such as age theft, racial and national origin discrimination, and sexual harassment Now Therefore, be it resolved by the City Council of the City of Iowa City, in the State of Iowa. Resolution No. Page 2 The Iowa City Council urges the University of Iowa not to close the Labor Center and instead to allocate sufficient funds to preserve this resource for generations of workers and students to come. Passed and,qpproved this day of 2019. ATTEST:l�5 City Clerk City Attorney's Office It was moved by adopted, and upon roll call there AYES: seconded by NAYS: \ ABSENT: Cole Mims Salih Taylor Teague the Resolution be