HomeMy WebLinkAbout2007-11-26 Correspondence
City of Iowa City
MEMORANDUM
Date: November 26,2007
From:
City Council _ . j
Eleanor M. Dilkes, City Attorney W
Wetherby House
To:
Re:
At your work session of November 15 the Council directed that the City would allow the
Wetherby House to be permanently located in City Park and would absorb all permit fees
associated with moving the Wetherby House to City Park subject to an agreement by
another entity to own, restore and maintain the home on the conditions outlined by the
Parks and Recreation Committee. It is my understanding that Council hopes to have an
agreement ready for approval at its December 11 meeting. My office is ready to draft
such an agreement. However, it appears that some basic decisions are yet to be made,
including:
1. Which entity (Friends of Historic Preservation or Johnson County Historical Society
(JCHS) will be responsible for restoration?
2. Which party will be responsible for long term care and maintenance?
3. What are the general conditions which will govern the restoration?
4. What is the timeline for moving and restoration (see conditions of Parks and Rec
Commission)? To date, no permits have been requested from the City.
5. Which entity will be responsible for long term care and maintenance? It is my
understanding that the JCHS board has not yet decided to take on this project and
does not meet until tomorrow.
6. What are the general parameters of the long term maintenance?
7. Is the funding in place to cover the relocation, restoration and ongoing
maintenance? (see conditions of Parks and Rec Commission). If not, what are the
anticipated funding sources?
8. Which entity will provide insurance on the house?
9. We have assumed that transfer of ownership of the home will be accomplished
independent of the City. When will this occur? Which entity will take ownership of
the house? Will there be a subsequent transfer of ownership to another entity?
Depending on the answers to the above the agreement would be a two, three or four party
agreement. I assume that some of this may fall into place after the JCHS Board meets
tomorrow and we look forward to receiving the necessary information in order to get an
agreement on the Council's Dec. 11 meeting agenda.
cc: Dale Helling, Interim City Manager
Marian Karr, City Clerk
Mary Beth Slonneger
Mary Bennett
Shaner Magalhaes
Mike McLaughlin
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Summary of Draft Revisions to Metropolitan Coalition Agreement
. Article 1, section 2 - added a new sentence describing the intent to work
collaboratively with the Iowa League of Cities in legislative matters
. Article 2, Section 3 - added an alternate for each director, struck partial sentence
regarded proportional voting (i.e., all voting is one city, one vote)
. Article 2, Section 4 - added a specific requirement that meetings be called on not
less than 24 hours notice. Clarified the use of communication - struck
simultaneously hear each other, added simultaneously communicate with each
other)
. Article IV, section 1 - clarified the powers of the Executive Committee - to do
ministerial acts for the Coalition, and to make recommendations on matters
regarding policy at the request of the Board of Directors. Also added a twenty-
four hour notice requirement for meetings of the Executive Committee.
. Article V, Section 1 - clarified that the Board of Directors (not Executive
Committee) appoints the Executive Director of the Coalition, and conducts any
job performance evaluation.
. Article V, Section 2 - clarifies that lobbying activities engaged in by the
Executive Director will be under director of the Board of Directors. Clarifies that
eh Executive Director will serve as Secretary of the Coalition unless otherwise
designated.
. Article VI, Section 1 - establishes that the budget will be adopted at the annual
meeting, that the Executive Committee will prepare a proposed budget, and that
the budget will be provided to the Board of Directors at least ten days in advance
of the annual meeting. Establishes that the fiscal year will be July 1 to June 30.
. Article VI, Section 2 - establishes that the Coalition cannot make commitments or
spend money without approval in the budget, by the Board in an amended budget
. Article VI, Section 3 - clarifies that population of a city under this agreement is
by the most recent Decennial U.S. Census or special census allowed by law.
Establishes that billing of annual assessment will be upon approval of budget, and
due date is July 15. Exception is that first year of the Coalition the due date will
be January 1.
. Article VII, Section 1 - establishes that amendments to the agreement must be
passed at two Board meetings, and proposed amendments must be provided in
writing at least seven days in advance of a meeting. Provided for recording if
required by law.
. Article VIII, Section 1 - provided that required notices may be given
electronically and acknowledged.
. Article IX, Section I - provides that withdrawal may be accomplished on six
months prior to the beginning for the fiscal year proposed for withdrawal.
. Article X, Section I - provided for filing of the Agreement if required by law.
. Article X, Section 2 - establishes the duration of the Coalition - until there are
fewer th~m two Members, in which case it dissolves and assets, if any, are
distributed.
. Added a signature page for the City of Des Moines as an example.
ARTICLE I. NAME, PURPOSE
Section 1. Name ................................................................................. 3
Section 2. Purpose..........................................................:.................... 3
ARTICLE II. ORGANIZATION
Section 1. Membership .......................................................................3
Section 2. Directors and Officers........................................................ 3
Section 3. Voting............................................................4
Section 4. Meetings............................................................................ 4
ARTICLE III. POWERS OF COALITION
Section 1. General Powers............................................. 4
ARTICLE IV. COMMITTEES
Section 1. Executive Committee....................................................... 4
Section 2. Other Standing Committees .............................................5
ARTICLE V. STAFF
Section 1. Appointment........................................................ ......... 5
Section 2. Duties and Responsibilities.. .. .. .. .. .. . .. . .. .. .. . .. .. . .. .. .5
ARTICLE VI. BUDGET
Section 1. Adoption of Budget ....................................................... .5
Section 2. Disbursement of Funds ...................................................5
Section 3. Annual Assessment... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
Section 4. Contracts.................... ....... .......................... ..6
Section 5. Distribution of Assets on Dissolution......................6
ARTICLE VII. AMENDMENTS
Section 1. Amendments ............................ ...... ..... ........ ........... ........6
ARTICLE VIII. NOTICE
Section 1. Notices.......................................................................... 6
Section 2. Waiver of Notices. ..........................................6
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ARTICLE IX. WITHDRAWAL BY MEMBERS
Section 1. Notice of Withdrawal.................................................. 6
ARTICLE X. EFFECTIVE DATE AND DURATION OF AGREEMENT
Section 1. Effective Date ..............................................................7
Section 2. Duration...................................................................... 7
ARTICLE XI. SEVERABILITY
Section 1. Provisions to be Severable ............................................ 7
ARTICLE XIII. EXECUTION OF AGREEMENT
Section 1. Passage of Resolution..................................................... 7
Section 2. Signature Pages ............................................................7
MEMBER SIGNATURE PAGES............................................................... . 7
2
WHEREAS, the City of Des Moines, Iowa, the City of West Des Moines, Iowa, the
City of Dubuque, Iowa, the City of Cedar Rapids, Iowa, the City of Iowa City, Iowa,
the City of Sioux City, Iowa, the City of Waterloo, Iowa, the City of Ames, Iowa, the
City of Council Bluffs, Iowa, and the City of Davenport, Iowa, (hereinafter referred to
collectively as the "Parties") consider it desirable to unite the larger cities of Iowa
with similar concerns in an organization intended to enhance communication and to
advance common interests in legislative matters; and
WHEREAS, the Parties have agreed that the terms of this Agreement shall be given
effect and govern the matters set forth herein.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
ARTICLE I. NAME AND PURPOSE
Section 1. Name. This organization shall be known as the "Metropolitan Coalition" (the
Coalition").
Section 2. Purpose. The Coalition is a non-partisan advocacy organization. The purpose
of the Coalition is to unite larger cities with similar concerns in an organization intended
to enhance communication and to advance their common interests and effectiveness in
legislative matters. It is the intent of the Coalition to work collaboratively with the Iowa
League of Cities in promoting the enactment of legislation beneficial to cities and
opposing legislation harmful to cities. The Coalition cities are dedicated to a strong
Greater Iowa. The mission of the Coalition is to develop sustainable communities for
businesses and families through economic growth and good local government..
ARTICLE II. ORGANIZATION
Section 1. Membership. The Parties to this Agreement shall each be Members of the
Coalition upon execution of this Agreement as provided in Article XII. Each Member of
the Coalition shall also be a member of the Iowa League of Cities.
Section 2. Directors and Officers.
Directors. The Board of Directors shall consist of one representative from each Member
and one alternate.
Officers. The officers of the Coalition shall be a Chair, Vice-Chair, Secretary and
Treasurer. One person may hold the position of Secretary and Treasurer. The duties of
the officers shall be those prescribed in this Agreement, and any additional duties as
may be prescribed by the Board of Directors by resolution adopted in accordance with
3
this Agreement. The officers shall be elected by the Board at the Organization meeting
of the Board of Directors, and thereafter annually at the annual meeting of the Board of
Directors. All officers shall hold office for a term of one year or until the succeeding
annual meeting and until a successor is elected. Officers shall be elected from among the
members of the Board of Directors. Should any Officer for any reason leave such
Officer's official position with the Member the Officer represents, such Officer's
position shall immediately become vacant. Any vacancy shall be filled at a special
meeting called for such purpose. Any Officer elected to fill a vacancy shall service the
remaining term of the office. No Officer shall receive compensation for services as an
Officer.
Section 3. Voting. Each Director or alternate shall have one vote. A majority of the
number of Directors established by this Agreement shall constitute a quorum for the
transaction of business at any meeting of the Board of Directors. A Director or alternate
must be present at a meeting of the Board of Directors, in person or electronically, to be
eligible to vote and a Director may not vote by proxy. The affirmative vote of a majority
of the Directors, including alternates, present, in person or electronically, at a meeting at
which a quorum is present shall be the act of the Board of Directors.
Section 4. Meetings. There shall be an annual meeting of the Board of Directors held
each year at such time and place as may be determined by the Board of Directors. The
Board of Directors may establish a schedule of regular meetings. Special meetings of the
Board of Directors may be called by or at the request of the Chair or any two Directors.
Meetings shall be called by giving written or oral notice of the meeting at least twenty-
four hours before the meeting specifying the time, place, and agenda of the meeting. The
Chair shall preside at all meetings ofthe Board of Directors. In the absence of the
Chair, the Vice Chair shall preside. One or more Directors may participate in a meeting
through the use of any means of communicating by which all members of the Board of
Directors participating in the meeting may communicate with each other during the
meeting.
ARTICLE III - POWERS OF COALITION
Section 1. General Powers. The business and affairs of the Coalition shall be managed
by the Board of Directors or by any committee established by this Agreement or as
prescribed by a resolution adopted by the Board of Directors in accordance with this
Agreement. No real property shall be acquired by the Coalition.
ARTICLE IV - COMMITTEES
Section 1. Executive Committee. An Executive Committee is hereby created which shall
consist of the Chair, Vice-Chair, Treasurer and two Directors elected by the Board of
Directors from its membership. The Executive Committee shall the power to perform
4
ministerial acts on behalf of the Coalition, and to make recommendations to the Board of
Directors on matters involving policy, upon the request of the Board of Directors.
Meetings of the Executive Committee may be called by the Chair of the Executive
Committee, by giving written or oral notice of the meeting at least twenty-four hours
before the meeting specifying the time, place, and agenda of the meeting.
Section 2. Other Standing Committees. The Board of Directors may create such
committees as are necessary from time to time to assist in the accomplishment of the
objectives of the coalition.
ARTICLE V - STAFF
Section 1. Appointment. An Executive Director shall be appointed by the Board of
Directors to serve at the pleasure of the Coalition. The Board of Directors shall establish
conditions of employment and compensation for the Executive Director and shall
establish a description outlining general responsibilities and job assignment instructions
more specifically defining the duties and tasks of the Executive Director. The evaluation
of job performance of the Executive Director shall be by the Board of Directors.
Section 2. Duties and Responsibilities. The Executive Director shall be responsible for
providing advice and assistance to the Board of Directors, the Chair, the other officers,
and the committees and shall be responsible for administering the operations ofthe
Coalition. Lobbying activities engaged in by the Executive Director shall be
accomplished under the direction of the Board of Directors. Unless otherwise designated,
the Executive Director shall serve as Secretary of the Coalition. The Executive Director
shall have such other powers and perform such other duties as may be provided by the
Board of Directors.
ARTICLE VI. BUDGET
Section 1. Adoption of Budget. The Board of Directors shall annually adopt a budget at
the annual meeting of the Coalition. The Executive Committee shall annually prepare a
proposed budget, and shall distribute the proposed budget to the Board of Directors at
least ten days in advance of the annual meeting. The fiscal year of the Coalition shall
begin on July 1 and end on June 30.
Section 2. Disbursement of Funds. The Coalition may disburse funds for any purpose
authorized under this Agreement and by the action of the Board of Directors, but cannot
make a commitment to spend money not otherwise authorized under the adopted budget
for that year without approval of the Board of Directors or an amendment to the budget.
Section 3. Annual Assessment. The Members shall be assessed annually for the expenses
of the Coalition. Upon approval of the budget, the Board of Directors shall establish the
5
annual fee for each Member based upon the following formula: (a) each Member shall be
assessed ten cents per capita, based upon the population of the Member city, according to
the most recent Decennial U.S. Census or any lawful special census, and (b) each
Member shall be assessed one-tenth of the remainder of the budget, after subtracting the
per capita assessment. Unless otherwise approved by the Board of Directors, annual
assessments shall be billed by the Coalition upon approval of the annual budget, and shall
be paid on or before July 15, except in the first year of the Coalition, when the annual
assessment shall be billed on formal approval of the budget, and paid on or before
January I.
Section 4. Contracts. The Board of Directors may authorize any Officer or Officers, agent
or agents, to enter into any contract or execute and deliver any instrument in the name of
and on behalf of the Coalition.
Section 5. Distribution of Assets Upon Dissolution. Upon dissolution ofthe Coalition for
any reason, the assets of the Coalition, after provision for the payment of lawful debts
and obligations of the Coalition, shall be divided among the Members on the basis of
their pro-rata contributions to the Coalition in the fiscal year in which such distribution is
made.
ARTICLE VII - AMENDMENTS
Section 1. Amendments. This Agreement may be amended by the affirmative vote of a
majority of the Directors present, in person or electronically, at any two regular or
special meeting of the Board of Directors. Proposed amendments to this Agreement must
be made in writing and distributed at least seven days in advance of the first meeting at
which a vote on the proposed amendment will be taken. Any such amendments are not
effective until they have been filed with the appropriate public agency if required by law.
ARTICLE VIII - NOTICES
Section 1. Notices. All notices which are required or permitted to be given pursuant to
this Agreement shall be made in writing and may be (1) personally delivered or (2) sent
by ordinary mail or (3) sent electronically and acknowledged, in each instance to the
address then on file with the Coalition.
Section 2. Waiver of Notice. Whenever any notice is required or permitted to be given
pursuant to this Agreement, a waiver of the notice in writing signed by the person entitled
to such notice or made electronically by such person, whether before or after the time
stated in the notice, shall be equivalent to the giving of the notice.
ARTICLE IX - WITHDRAWAL OF MEMBERS
6
..
Section 1. The withdrawal of any Member may be accomplished by the governing body
of the Member providing notice of withdrawal in writing to each of the other Members at
least six months prior to the beginning of the fiscal year in which the Member proposes to
withdraw from the Coalition.
ARTICLE X - EFFECTIVE DATE AND DURATION OF AGREEMENT
Section 1. Effective Date. . This Agreement shall become effective only upon approval
and execution by two or more of the Members, and filing of this Agreement if required
by law.
Section 2. Duration of Agreement. The Coalition shall exist unless there are fewer than
two Members of the Coalition remaining, in which case it shall be dissolved and assets
distributed as provided in Article VI, Section 5 of this Agreement.
ARTICLE XI- SEVERABILITY
Section 1. Provisions to be Severable. If any provision of this Agreement is held to be
invalid by a court of competent jurisdiction, the invalidity of any such provision shall not
affect the other provisions of this Agreement which can be given effect without the
provision determined to be invalid, and to that end the provisions of this Agreement are
severable.
ARTICLE XII - EXECUTION OF AGREEMENT
Section 1. Passage of Resolution. A Participating Community shall become a party
hereto by the passage of a resolution approving this Agreement and authorizing execution
of the same by its statutory officers
Section 2. Signature Pages. Each Member approving this Agreement shall execute the
separate signature page provided for it.
7
CITY OF DES MOINES, IOWA
T.M. Franklin Cownie, Mayor
ATTEST:
Diane Rauh, City Clerk
STATE OF IOWA )
) ss:
COUNTY OF POLK )
On this _ day of ,2007, before me, the undersigned,
a Notary Public, personally appeared T.M. Franklin Cownie and Diane Rauh, to me
personally known, who, being by me duly sworn, did state that they are the Mayor and
City Clerk, respectively, of the City of Des Moines, Iowa; that the seal affixed to the
foregoing instrument is the seal of the corporation, and that the instrument was signed
and sealed on behalf of the corporation, by authority of its City Council, as contained in
the Resolution and Roll Call No. 07- adopted by the City Council on the
day of , 2007, and that T.M. Franklin Cownie and Diane Rauh
acknowledged the execution of the instrument to be the voluntary act and deed of the
municipal corporation, by it voluntarily executed.
Notary Public in the State of Iowa
8
Bob Elliott
1108 Dover Street, Iowa City, Iowa 52240
To: Present and prospective city council members
[Regenia Bailey, Connie Champion, Amy Correia, Mike O'Donnell,
Dee Vanderhoef, Ross Wilburn; and Matt Hayek, Mike Wright]
From: Bob Elliott
Date: November 26, 2007
RE: Public safety funding
For the past three years, our council has put off approving a budget with funds to hire
staff needed for a northside fire station. We evaded the responsibility despite realization
that (1) need for the station and (2) difficulty to approve the requisite funding would only
increase over time.
Now, not only is the need and citizen pressure for the northside station greater, the
financial difficulty is compounded by the clear need for additional police officers.
The proposed northside station requires a staff of nine firefighters before it can become
reality, and seven police officers are needed to bring our police department even close to
the number of sworn officers necessary for our city.
I assume there's no need at this time to review extensive documentation of our public
safety personnel needs. On several occasions our fire and police chiefs provided us with
significant response time information and statistics regarding personnel comparisons with
other cities in Iowa and the Midwest, as well as recommendations based on their
extensive experience.
I request the following resolution, or one similar to it, be placed on the agenda for
our December 11 meeting.
"The Acting City Manager and Finance Director are directed to assure that the
financial budget now being developed for 2009 fiscal year initiates a 3-year plan to
increase Iowa City's public safety budget by approximately 2.5% (estimated $1.3
million). The increased funding to be used to hire nine additional firefighters and
seven additional police officers. By late December '07 or early January '08, the
council will be provided with multiple budget alternatives for achieving the
increased public safety funding."
Developing and approving such a budget process will be difficult and probably have a
negative impact on some programs, projects, and department responsibilities our ~
residents have come to expect. But because, I recall nearly all candidates e1ec@l and 5
reelected to council positions earlier this month took formal stands on placing-;ID6tic 0
safety as a top priority, I assume you will support such a resolution and actionf'iCJ ~
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Memo to council
Page 2
So its not assumed I'm proposing this only because I won't be around next year to share
in the difficult and probably unpopular decisions, I remind you that at a council meeting
two years ago I proposed a similar budget amendment. It failed, and in fact, I believe it
died for lack of a second. My motion at that meeting was:
"I move to amend the resolution to include the following language: By no later than
August 2008, the city manager will provide council with a plan to have sufficient funds
available for the city's annual budget to enable full staff for the proposed north side
firestation No.4. Further, a report on progress toward that end (probably with multiple
funding alternatives) will be provided to council by no later than August 2007."
Good luck and best wishes for finalizing a financial budget that provides for the best
interests of our city.
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