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Home My WebLink About2007-12-11 Resolution M-kJ ~ ~ Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 07-33(; RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: Head Hunters Glass, Inc. 114 ~ E. College Street Passed and approved this 11 th day of "e2- L~ )~oL:~. MA~OR .- - Approved by ~~~ \ ,5"-0 So ATTEST: ~~~~ k ~ CIT CLERK City Attorney's Office It was moved by Correia and seconded by Resolution be adopted, and upon roll call there were: Bailey the AYES: ~ -L --X- ---X..- X ~ X - NAYS: ABSENT: _ Bailey _ Champion Correia Elliott O'Donnell Vanderhoef Wilburn ^1Vj I ;:;) Prepared by; Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 07-337 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his/her filing ~n application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, having a valid beer, liquor, or wine license/permit, to wit: Quality Inn & Suites, Highlander Conference Center - 2525 N. Dodge Street Studio 13 13 S. Linn Street Passed and approved tllls 11 th day of [;ier }JL MAYOR ,20 07 U~ ATTEST: }J~~ K K~J CITY CLERK Approved by ~ ~ \__ ("-O\,.. City Attorney's Office It was moved by Correia and seconded by Resolution be adopted, and upon roll call there were: Bailey. the AYES: X -----X.- X --X- -1L- X X NAYS: ABSENT: _ Bailey _ Champion Correia Elliott O'Donnell Vanderhoef Wilburn 1\11-\-6 Prepared by: Joe Fowler, Transit, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5156 RESOLUTION NO. 07-118 RESOLUTION ACCEPTING THE WORK FOR THE 2006 PARKING GARAGE REPAIR AND PREVENTIVE MAINTENANCE PROJECT WHEREAS, Desman & Associates has certified that the following improvements have been completed in accordance with plans and specifications of the City of Iowa City: 2006 Parking Garage Repair and Preventive Maintenance as constructed by RAM Building Restoration and Waterproofing LLC, Livonia, MI. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 11 th day of December ,20 07 P~LJ1L MAY R ATTEST: ~./~~ 11< i('dbfA) CITY RK z.PP: ad: I{ ;{,,;: ? City Attorney's Office It was moved by Correia and seconded by adopted, and upon roll call there were: Bailey the Resolution be AYES: NAYS: ABSENT: x X X X X X X Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn transiUreslacptwork-06rampimprove.doc I ::if !j c )' T':' DESMAN ARCHITECTS. ENQltiE!i.!S,5--'!yLANNERS . PARKING CONSULT ANTS. RESTORA nON ENGINEERS ASSOCIATES November 21,2007 Mr. Joe Fowler Director of Parking and Transit City of Iowa City 1200 S Riverside Drive Iowa City, IA 52246 Re: Capitol, Dubuque St., Tower Place, Chauncey Swan and Court Street Parking Garage Repairs Dear Mr. Fowler: I hereby certify that the repairs and preventive maintenance improvements for the above noted garages has been completed in substantial conformance with the requirements of the plans and specifications prepared under my direct supervision and dated February 2006. The contractor, RAM Building Restoration and Waterproofing LLC, has submitted required warranties, waivers and as-built drawings per project close-out requirements. I recommend the above noted improvements be accepted by the City ofIowa City. Very Truly Yours, DESMAN ASSOCIATES A Division of Desman, Inc. ~ Robert Tober, P.E. Senior Associate c: project file 20 N. CLARK ST FOURTH FLOOR CHICAGO, ILLINOIS 60602 PHONE 312/263-8400 FAX 312/263-8406 email@desman.com A DIVISION OF DESMAN, INC .NEW YORK .CHICAGO .WASHINGTON, D.C .BOSTON .CLEVELAND .HARTFORD .BALTIMORE .LAS VEGAS f\A. ./-,) v C[ Prepared by: Liz Osborne, CD Division, 410 E. Washington St.. Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 07-339 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING SIX MORTGAGES FOR THE PROPERTY LOCATED AT 1312 TRACY LANE, IOWA CITY, IOWA. WHEREAS, on March 30, 2001, the owners executed a Mortgage with the City of Iowa City to secure a loan; and WHEREAS, on September 13, 2001, the owners executed a Mortgage with the City of Iowa City to secure a loan; and WHEREAS, on April 30, 2002, the owners executed a Mortgage with the City of Iowa City to secure a loan; and WHEREAS, on February 27, 2003, the owners executed two Mortgages with the City of Iowa City to secure a loan; and WHEREAS, on February 17, 2004, the owners executed a Mortgage with the City of Iowa City to secure a loan; and WHEREAS, the loans have been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release these liens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Liens for recordation, whereby the City does release the property located at 1312 Tracy Lane, Iowa City, Iowa from a Mortgage recorded April 16, 2001, Book 3052, Page 616 through Page 620; and from a Mortgage recorded January 23, 2002, Book 3215, Page 1076 through Page 1080; and from a Mortgage recorded May 9, 2002, Book 3290, Page 235 through Page 239; and from two Mortgages recorded March 6, 2003, Book 3494, Page 664 through Page 668, and Book 3494, Page 669 through Page 675; and from a Mortgage recorded October 4,2004, Book 3801, Page 565 through Page 569 of the Johnson County Recorder's Office. Passed and approved this 11th day of December ,20.llL-. ~uL MAYOR ATTEST: ~tE;'~ k ~ CITY LERK Approved by ~~ I~,\-o~ City Attorney's Office Resolution No. 07-339 Page 2 It was moved by Correia and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ASSENT: x x x x X X X Bai1ey Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn the Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s): Jane C. Cox and Mary E. Cox Mortgagee: City of Iowa City RELEASE OF LIENS The City of Iowa City does hereby release the property at 1312 Tracy Lane, Iowa City, Iowa, and legally described as follows: Lot 56 in Part 2, Hollywood Manor Addition to Iowa City, Iowa, according to the plat thereof recorded in Plat Book 6, page 74, Plat Records of Johnson County, Iowa from an obligation of the owners, Jane C. Cox and Mary E. Cox, to the City of Iowa City represented by a Mortgage recorded April 16, 2001, Book 3052, Page 616 through Page 620; and from a Mortgage recorded January 23,2002, Book 3215, Page 1076 through Page 1080; and from a Mortgage recorded May 9, 2002, Book 3290, Page 235 through Page 239; and from two Mortgages recorded March 6,2003, Book 3494, Page 664 through Page 668, and Book 3494, Page 669 through Page 675; and from a Mortgage recorded October 4, 2004, Book 3801, Page 565 through Page 569 of the Johnson County Recorder's Office. This obligation has been repaid and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ~l)~ YOR . ATTEST: ~;'~ "If. ~ CITY LERK Approved by '?--~~~ 1J.~~-ol City Attorney's Office STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this Ii fh day of n ec. EM At: Il , AD. 20~, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ross Wilburn and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk. respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. o1~3:Jf. adopted by the City Council on the II +J. day [) ECEM($13R. , 20 0 1 and that the said Ross Wilburn and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ~w SONDRAEFORT ~~ Commission Number 159791 . . My Commission Expires ow s""""'~ \="~ Notary Public in and for Johnson County, Iowa N>7 C[ Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 07-340 RESOLUTION ESTABLISHING CITY OF IOWA CITY 2008 LEGISLATIVE PRIORITIES WHEREAS, the Iowa City City Council supports property tax reform initiatives that eliminate inequities in the current system; and WHEREAS, the Iowa City City Council seeks to encourage legislation that enhances economic development opportunity in Iowa City as well as the State of Iowa; and WHEREAS, the City of Iowa City and other cities playa critical role in the future of the State. NOW, THEREFORE, BE IT RESOLVED that the Iowa City City Council hereby outlines our legislative proposals to the Iowa City area legislative delegation for the 2008 Iowa State legislative session as follows: Iowa State Housing Trust Fund appropriation Utility Programs that promote energy efficient appliances and other "green" initiatives Property tax credits/condos Increase the funding for microenterprise development Expand Iowa Earned Income Tax credit Change in the Iowa Code 562A12 (wrongful retention of landlord deposits) Maintain local control over cable franchising Tax Restructuring (rollback, etc.) Enable local government to regulate smoking in public places Support Passenger Rail Transportation Initiatives A Development of local commuter rail B. Extension of Amtrak service into/through Iowa Iowa City City Council and Iowa League of Cities Shared Priorities A Alternative Revenues 1) Increasing the hotel/motel tax up to 9% 2) Implementing a sales tax rebate for specifically defined economic development B. Infrastructure Funding 1) TIME-21 Committee a) Pickup truck registration fees b) Statewide sales tax and/or gas tax increase 2) State funding for water/wastewater infrastructure C. Economic Development Initiatives 1) Preserve or expand initiatives such as Vision Iowa, Great Places and Community Attractions 2) Prevent changes that would impair use of Tax Increment Financing (TIF) as an economic development tool D. Limit Costs imposed on local government for police/fire pensions. 1) State support of MFPRSI System Resolution No. 07-340 Page 2 Passed and approved this 11 th day of Decmeber ,20~. ATTEST: }J1~;t. ~W CITY LERK ~ u Ji.- M OR A~A.~ City Attorney's Office 1&1.'- ~--o 1 It was moved by CrI....ni ~ and seconded by adopted, and upon roll call there were: Bailey the Resolution be AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x x x x X X x Mgrlres/2008taxreform. doc I'"'" 1 L6-11b-O ( M~ . Prepared by: Sunil Terdalkar, PCD. 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 (SUB07-00007/SUB07- 00008) RESOLUTION NO. 07-341 RESOLUTION APPROVING THE AMENDED PRELIMINARY AND FINAL PLAT OF GALWAY HILLS SUBDIVISION - PART IV, IOWA CITY, IOWA. WHEREAS, the applicants, Dav-Ed Limited and Prime Ventures Construction Inc., filed with the City Clerk the preliminary plat and Sensitive Areas Development Plan, and the final plat of Galway Hills Subdivision - Part IV, Iowa City, Iowa to amend the previously approved Sensitive Areas Development Plan; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Iowa, to wit: BEGINNING AT THE NORTHWEST CORNER OF LOT 64 OF GALWAY HILLS SUBDIVISION- PART THREE IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 37 AT PAGE 268 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE ; THENCE N47013'15"W ALONG THE EASTERLY RIGHT-OF-WAY LINE OF PRIMARY ROAD NO. 218, DISTANCE OF 463.34 FEET; THENCE N41031'43"W, ALONG SAID EASTERLY WEST RIGHT-OF-WAY LINE, 162.11 FEET; THENCE N43021'50"W, ALONG SAID EASTERLY RIGHT- OF-WAY LINE, 189.34 FEET; THENCE N30016'13''W, ALONG SAID EASTERLY RIGHT-OF- WAY LINE, 365.14 FEET; THENCE N25031'06"W, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, 180.67 FEET, TO ITS INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF MELROSE AVENUE; THENCE N88008'02"E, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 387.90 FEET; THENCE N84047'00"E, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 121.65 FEET; THENCE N57015'00"E, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 34.44 FEET, TO A POINT ON THE WESTERLY LINE OF GALWAY HILLS SUBDIVISION - PART TWO, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 35 AT PAGE 269 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S32047'55"E, ALONG SAID WESTERLY LINE, 206.73 FEET; THENCE S21037'22"E, ALONG SAID WESTERLY LINE, 542.61 FEET; THENCE S13040'39"E, ALONG SAID WESTERLY LINE, 85.91 FEET; THENCE S42041'26"W, ALONG SAID WESTERLY LINE, 50.00 FEET; THENCE SOUTHEASTERLY, 112.56 FEET, ALONG SAID WESTERLY LINE ON A 179.64 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 110.73 FOOT CHORD BEARS S65015'35"E; THENCE S06047'23"W, ALONG SAID WESTERLY LINE, 155.65 FEET, TO A POINT ON THE NORTHERLY LINE OF LOT 64 OF SAID GALWAY HILLS SUBDIVISION - PART THREE; THENCE S42041'26"W, ALONG SAID NORTHERLY LINE, 54.27 FEET, TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 10.41 ACRES, MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined and approved the proposed amendments to the Sensitive Areas Development plan to allow for additional buildable lot areas by revising the construction area limits; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed preliminary plat and final plat and subdivision, and recommended approval; and Resolution No. ..1l.l.=341 Page 2 WHEREAS, the Planning and Zoning Commission examined the proposed amendments to the preliminary plat and Sensitive Areas Development Plan, the final plat and the subdivision, and after due deliberation, recommended acceptance and approval of said plats and subdivision subject to compliance measures to ensure long-term stability of the impacted slopes and their associated buffers, minimize soil erosion, improve the woodlands, and compliance with construction area limits; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said Amended preliminary plat and Sensitive Areas Development Plan, final plat, and the subdivision are found to conform with Chapter 354, Code of Iowa (2007) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said amended preliminary plat and Sensitive Areas Development plan, final plat and subdivision located on the above-described real estate be and the same are hereby approved, subject to: a. Slopes - Maintaining a consistent grade from building lots into outlots and avoiding "overfalls" from lots onto the steep slopes on the construction limits and outlots b. Soil quality - Amending the soil on each lot with compost and avoid compaction to create a healthy soil structure that can absorb a large amount of water, decreasing the erosion potential and impact on critical slopes c. Timber improvements - Removing invasive species and weed trees to open up the forest canopy to allow for regeneration of desirable trees, and light to the forest floor d. Planting native woodland grasses and flowers in the understory to prevent soil erosion e. Storm water management - Treating storm water at the lot level with infiltration based practices to reduce erosion and improve water quality, for example, rain gardens can infiltrate and treat fain from roofs, decrease the amount of direct water flow onto the steep slopes and ravine f. Temporary construction fencing shall be put in place along the construction area limit lines prior to development of the individual lots. Confirmation that these conditions have been adhered to, shall be provided at the time of issuance of building permit, construction run-off permit, and certificate of occupancy. Any development activity at variance with the approved plan and/or associated legal papers shall be deemed a violation of these regulations and subject to any enforcement action and penalties allowed according to 14-7-C, "Penalties and Enforcement". 2. The City accepts the dedication of the streets, easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents, the preliminary plat and the sensitive areas development plan, and the final plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. pcdlstaff reportlreslPrelimFinal-resSUB07 -00007.8 GalwayPartlV _Amended. doc. doc Resolution No. Jl1.::.341 Page 3 Passed and approved this 11 th day of December ,20.llL-. ~J'L~ Approved by ATTEST: ~~/ t! ~v CITY LERK ~JJw~~ City Attorney's Office IIIN/"7 It was moved by R:-1; , f'Y adopted, and upon roll call there were: and seconded by Vanderhoef the Resolution be AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x x x x x x x pcd/staff reportlreslPrelimFinal.resSUB07 .??oo7 -8 GalwayPartlV _Amended. doc. doc N\~ w::: Prepared by: Daniel Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. 07-147 RESOLUTION APPROVING PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE COURT HILL TRAIL PROJECT [STP-E-3715(6350-8V--52], ESTABLISHING AMOUNT OF BID SECURITY, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT OF BIDS AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, this project will be bid by the Iowa Department of Transportation (laDOT); and WHEREAS, bids will be accepted on January 16, 2008, at 10:00 a.m. by the laDOT in Ames, IA; WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract 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 between 5% (five percent) and 10% (ten percent) of bid. 3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, for the receipt of bids by the laDOT for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the laDOT in Ames, Iowa, (800 Lincoln Way, Ames, IA 50010) before 10:00 a:m. on the 16th day of January, 2008. Thereafter the bids will be opened and announced by the laDOT, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its regular meeting, to be held at Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 5th day of February, 2008, or at a special meeting called for that purpose. Passed and approved this 11 th ~er( _ ayor ,2007. 5~ ATTEST: 1r~),{/ fl-w Cit Clerk A~ved by: L~~ v'~ ' .r;?/IkA'f&e/v; City Attorney's Office / ;z./S-(:J 7 Resolution No. Page 2 07-342 It was moved by Bailey and seconded by adopted, and upon roll call there were: AYES: NAYS: x x x x X x x Correia ABSENT: the Resolution be Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn IT I ~ 1 --= -14'... f~"~~ ~ ~-t~ ~ :..... "I CITY OF IOWA CITY MEMORANDUM Date: November 30,2007 From: Dale Helling, Interim City Manager .I " ~~ Kevin 0' Malley, Finance Director -j\,~, c/ ,.' Barb Coffey, Document Services SupervisorfttJtJ,~ C Resolution on December 11, 2007 Agenda: Reinstatement of Sr. Document Specialist Position To: Re: Effective the FY04 budget year, a position of Senior Document Specialist was established in the Document Services Division. The intent was to establish a "lead worker" position to which the division supervisor could delegate administrative tasks not contained in the job description of Document Specialist. This position originated during the time that the division supervisor was assigned responsibilities for the City's website content, so this position allowed for delegation of tasks formerly assigned only to the supervisor, and also provided for a designated backup or "second" to act on behalf of the supervisor. It was also part of an effort to potentially provide succession planning among Finance divisions. After the position was approved, one internal division candidate applied for and was given the title of Sr. Document Specialist effective FY04. This person left City employment in 2006. When that vacancy was advertised, it was decided to post the opening as a regular Document Specialist, and keep the Sr. Document Specialist position unfilled but available for use when appropriate. It was discovered that, during the past year's budget process, the position did not remain in the published budget but was inadvertently deleted. This resolution attached restores the Senior Document Specialist position so it can again be posted for internal promotional purposes. cc: Sylvia Mejia, Personnel Administrator indexbclmemos/Sr. DS position.doc 1V1J.,~ () Prepared by: Sylvia Mejia, Personnel, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5026 RESOLUTION NO. 07-141 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE DOCUMENT SERVICES DIVISION OF THE FINANCE DEPARTMENT BY DELETING ONE DOCUMENT SERVICES SPECIALIST POSITION AND CREATING ONE SR. DOCUMENT SPECIALIST POSITION. WHEREAS, in FY04 a Sr. Document Specialist was approved in the Document Services Division; and WHEREAS, when the incumbent Sr. Document Specialist left City employment in FY06, the vacant position was filled as a Document Specialist and the Senior Document Specialist position was unfilled and intended to be held in reserve for use at a later time; and WHEREAS, the Sr. Document Specialist position was inadvertently deleted from the subsequent published budget and therefore needs to be reinstated so it can be filled at this time. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The budgeted positions in the Document Services Division be amended by: 1. The deletion of one Document Specialist position, Confidential pay plan Grade 23. 2. The addition of one Sr. Document Specialist position, Confidential pay plan Grade 24. Passed and approved this 11 th day of December , 20...!lL-. ~L~J..~~ M)\ OR ATTEST: ~~.,f. ~ CI ." LERK ~ City Attorney's Office Iz-tf-'p7 It was moved by Bailey and seconded by r.nrrp; '" adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x X x x x X x humanrellreslsr doc specialisl.doc ^,- , l\\+~ ~ L!L. Prepared by: Sara Greenwood Hektoen, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 07-344 RESOLUTION REPEALING RESOLUTION NO. 84-39, WHICH ESTABLISHED A CONSULTATION POLICY FOR THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION WHEREAS, the City of Iowa City has adopted revised zoning ordinances which contain a provision incorporating most of the language of Resolution No. 84-39; and WHEREAS, in light of the adoption of said Zoning Ordinance 14-8D-5(F), Resolution No. 84-39 is superceded and should be repealed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Resolution No. 84-39 is hereby repealed. Passed and approved this 11 th daYOfcZ_ c~~~ MAYOR ...... ATTEST I~~~ -1(. ~~ CITY LERK y;ed by {t{a, L"t~k~ City Attorney's Office I, 1,-" /V7 It was moved by Champion and seconded by R::li 1 Py adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: x x x x x x x Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn t ~ < '\ NOTICE TO BIDDERS STATE OF IOWA - Sealed bids will be received on November 20, 2007 by the Iowa Department of Transportation at the Office of Contracts in Ames, Iowa until 10 o'clock A.M., C.T., for various items of construction and/or maintenance work. Plans, specifications and proposal forms for the work may be seen and secured at the Office of Contracts, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa until noon on the day previous to the letting. Mailed bids are to be sent to the Iowa Department of Transportation, Office of Contracts, 800 Lincoln Way, Ames, Iowa 50010. Staff will be available at the Office of Contracts the day previous to the letting and the day of the letting for the dropping off of bids during regular business hours 7:30 a.m. to 4:30 p.m. The Iowa Department of Transportation (DOT) uses the Bid Express website (www.bidx.com) as an official depository for electronic bid submittal. The Iowa DOT will ensure that this electronic bid depository is available for a two-hour period prior to the deadline for submission of bids. In the case of disruption of national communications or loss of services by www.bidx.com during this two-hour period, the Iowa DOT will delay the deadline for bid submissions to ensure the ability of potential bidders to submit bids. Instructions will be communicated to potential bidders. Opening and reading of the bids will be performed at the Iowa Department of Transportation, Ames, Iowa after 10:30 A.M. on the same date such bids are scheduled to be received, unless otherwise specified by the Iowa Department of Transportation. All proposals must be filed on the forms furnished by the Iowa Department of Transportation, Contracts Office, sealed and plainly marked. Proposals containing any reservations not provided for in the forms furnished will be rejected. The Iowa Department of Transportation reserves the right to waive technicalities and to reject any or all bids. A Proposal Guarantee not less than the amount as set forth in the proposal form shall be filed with each proposal. The Proposal Guarantee shall be in the form of a certified check or credit union certified share draft, cashier's check, money order or bank draft drawn on a solvent bank or credit union. Certified checks or credit union certified share drafts shall bear an endorsement signed by a responsible official of such bank or credit union as to the amount certified. Cashier's checks, money orders or bank drafts shall be made payable either to the Contracting Authority or to the bidder and, where made payable to the bidder, shall contain an unqualified endorsement to the Contracting Authority signed by the bidder or the bidder's authorized agent. A properly completed Contractor's Bid Bond (Form No. 650001), or a properly completed Contractor's Annual Bid Bond (Form No. 650043), both available from the Iowa Department of Transportation, Office of Contracts, may be used in lieu of that specified above. The contracting authority will issue an exemption certificate for the purchase or use of building materials, supplies, and equipment that will be used in the performance of the construction contract, as provided by Iowa Code Sections 422.42(16), 422.42(17) and 422.47(5). Failure to execute a contract and file an acceptable Performance Bond and Certificate of Insurance within 30 days of the date of the approval for awarding the contract, as herein provided, will be just and sufficient cause for the denial of the award and the forfeiture of the proposal guarantee. The Iowa Department of Transportation (or other approved contracting authority) hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. On Federal Aid projects, where disadvantaged business enterprise goals have been established, the bidder is required to complete and submit form 102115 with the bid documents. On all projects without goals, the contractor must show that affirmative actions have been made to seek out and consider disadvantaged business enterprises as potential sub-contractors. Some of the projects may be listed in multiple proposals (as an individual project or as part of a combined package of projects). The Contracting Authority will determine which combination of proposals produce the lowest bid for these projects. The listing of projects, and details of the project, for which bids are to be taken will be available to potential bidders and suppliers three (3) weeks prior to the letting dates at the following locations: . Posted on the Internet at www.bidx.com . Available in the Iowa Department of Transportation's "Weekly Letting Report" . Available by calling the Office of Contracts of the Iowa Department of Transportation at 515- 239-1414. Minimum wage rates for all Federal Aid projects have been predetermined by the Secretary of Labor and are set forth in the specifications. However, this does not apply to projects off the Federal-Aid System. All Federal Aid projects are subject to the Work Hours Act of 1962, P. L. 87-581 and Implementing regulations. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced within the State of Iowa, and also, a resident bidder shall be allowed a preference as against a non-resident bidder from a state or foreign country which gives or requires a preference to bidders from that state or foreign country both on projects in which there are no Federal Funds involved. IOWA DEPARTMENT OF TRANSPORTATION OFFICE OF CONTRACTS TELEPHONE: 515-239-1414 Bid Order: 101 DBE Goal: 5.0% Work Type: PCC PAVEMENT - GRADE AND NEW BRIDGE NEW - PPCB Guarantee: $375,000.00 Project(s): JOHNSON - HDP-3715(628)--71-52 HDP-3715(634)--71-52 Route: MCCOLLISTER BLVD. ~ ~ I.....lJ- Prepared by: Brian Boelk, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5437 RESOLUTION NO. 07-345 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE MCCOLLISTER BOULEVARD PCC PAVEMENT [HDP-3715(628)--71-52] AND MCCOLLISTER BOULEVARD BRIDGE [HDP-3715(634)--71-52] PROJECT. WHEREAS, Peterson Contractors, Inc. of Iowa City, Iowa has submitted the lowest responsible bid of $6,033,593.60 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The contract for the construction of the above-named project is hereby awarded to Peterson Contractors, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 11 th day of December , 2007. ~LJ~ Mayor ATTEST: \~ Ir!. ~ City Clerk Approved by: jMt14<J/uur~~ ~ '-"City Attorney's Office 1;;L( e-t I rJ"7 Resolution No. Page 2 07-14'1 It was moved by V;:!nrlprnOPf and seconded by adopted, and upon roll call there were: AYES: NAYS: x x X x x )< x R;:!;lpy ABSENT: the Resolution be Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn -''"~'----'------------ .-- ~ /U,lAdrttw It ~ ~ Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. RESOLUTION REGARDING THE CITY OF IOWA CITY'S PUBLIC SAFETY BUDGET WHEREAS, by memorandum of November 26, 2007 Council member Bob Elliott proposed that this resolution be adopted; and WHEREAS, the City Council finds it to be in the public interest to adopt the resolution proposed by Council member Elliott. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. 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. Passed and approved this day of ,20_. MAYOR ATTEST: CITY CLERK A~fJ1(}JJ City Attorney's Office /r:;2. - L/ ~ J) 7 It was moved by and seconded by adopted, and upon roll call there were: AYES: NAYS: the Resolution be ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn Ali I'~'j. (, Prepared by: Marian Karr, City Clerk, 410 E, Washington St" Iowa City, IA 52240 (319)356-5041 I l;'!-ll-UI 13 RESOLUTION NO. 07-146 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A METROPOLITAN COALITION AGREEMENT WHEREAS, a group of larger Iowa cities have identified a need to unite larger cities with similar concerns and proposed an agreement to form a Metropolitan Coalition; and WHEREAS, a non-partisan advocacy Coalition would enhance communications and advance common interests and effectiveness in legislative matters; and WHEREAS, 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; and WHEREAS, the mission of the Coalition is to develop sustainable communities for businesses and families through economic growth and good local government. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. It is in the public interest to enter into the above mentioned agreement. 2. The Mayor is authorized to sign and the City Clerk to attest the attached agreement. 3. The City Clerk shall furnish copies of said agreement to any citizen requesting it. Passed and approved this 11 th day of December , 20 ~ ()4C- J~ ~AYOR ATTEST: fn~~ cf. #uJ ~TY CLERK APP,~oved by ~ ~ _ _ ~~ I J ~, --(!) =t City Attorney's Office Resolution No. 07-146 Page 2 It was moved by Bailey and seconded by adopted, and upon roll call there were: AYES: NAYS: x x x x x x x Champion ABSENT: the Resolution be Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn METROPOLITAN COALITION AGREEMENT December, 2007 TABLE OF CONTENTS ARTICLE I. NAME, PURPOSE S ecti on 1. Name .................................................................................. 4 Section 2. Purpose............................................................................... 4 ARTICLE II. ORGANIZATION Section 1. Membership...................................................................... 4 Section 2. Directors and Officers........................................................4 Section 3. Voting............................................................5 Section 4. Meetings............................................................................ 5 ARTICLE III. POWERS OF COALITION Section 1. General Powers............................................. 5 ARTICLE IV. COMMITTEES Section 1. Executive Committee .......................................................5 Section 2. Other Standing Committees .............................................6 ARTICLE V. STAFF Section 1. Appointment........................................................ ..........6 Section 2. Duties and Responsibilities.................................6 ARTICLE VI. BUDGET Section 1. Adoption of Budget........................................................ .6 Section 2. Disbursement of Funds....................................................6 Section 3. Annual Assessment...........................................6 Section 4. Contracts.......................................................7 Section 5. Distribution of Assets on Dissolution......................7 ARTICLE VII. AMENDMENTS Section 1. Amendments................................................................ 7 ARTICLE VIII. NOTICE Section 1. Notices........................................................................... 7 Section 2. Waiver of Notices. ..........................................7 2 ARTICLE IX. WITHDRAWAL BY MEMBERS Section 1. Notice ofWithdrawal.................................................. 7 ARTICLE X. EFFECTIVE DATE AND DURATION OF AGREEMENT Section 1. Effective Date.... ..... ....... ......... ......... ........... ......... ........ 8 Section 2. Duration....................................................................... 8 ARTICLE XI. SEVERABILITY Section 1. Provisions to be Severable............................................. 8 ARTICLE XIII. EXECUTION OF AGREEMENT Section 1. Passage of Resolution.................................................... 8 Section 2. Signature Pages............................................................. 8 MEMBER SIGNATURE PAGES........... ................. ........ ............ ......... ...... 3 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 Ames, Iowa, the City of Council Bluffs, Iowa, and the City of Davenport, Iowa, (hereinafter referred to collectively as the "Members") 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 Members have agreed that the terms of this Agreement shall be given effect and govern the matters set forth herein. NOW, THEREFORE, THE MEMBERS 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 intention 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 II. 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 be composed of one representative from each Member of the Coalition. Officers. The officers of the Coalition shall consist of 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 4 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 leave office for any reason 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. 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 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. The Board may establish a schedule of regular meetings. Special meetings of the Board of Directors may be called by the Chair or at the request of any two Directors. The Chair shall preside at all meetings of the 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 participating in the meeting may simultaneously hear 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. ARTICLE IV - COMMITTEES Section 1. Executive Committee. An Executive Committee is hereby created which shall consist of the Chair, Vice-Chair, Treasurer and two additional members elected by the Board of Directors from its membership. The Executive Committee shall have the power to perform ministerial acts on behalf of the Coalition, and, upon the request of the Board of Directors, to make recommendations to the Board of Directors on matters involving policy. 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 5 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 obj ectives of the coalition. ARTICLE V - STAFF Section 1. Appointment. A Director of Governmental Affairs 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 Director of Governmental Affairs and a description outlining general responsibilities and job assignment instructions more specifically defining the duties and tasks of the Director of Governmental Affairs. The evaluation of job performance of the Director of Governmental Affairs shall be by the Board of Directors. Section 2. Duties and Responsibilities. The Director of Governmental Affairs shall be responsible for providing advice and assistance to the Board of Directors, the Chair and the other officers, and the committees, and shall be responsible for administering the operations of the Coalition. Lobbying activities engaged in by the Director of Governmental Affairs shall be accomplished under the direction of the Board of Directors. Unless otherwise designated, the Director of Governmental Affairs shall serve as Secretary of the Coalition and shall have such other powers and perform such other duties as may be provided by the Board of Directors or the Executive Committee. ARTICLE VI. BUDGET Section 1. Adoption of Budget. The Board of Directors shall 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 Director of Governmental Affairs may disburse funds for any purpose authorized under this Agreement and by the action of the Board of Directors, but shall not make a commitment to spend money not otherwise authorized under the adopted budget for that year without the prior 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 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's city, according 6 to the most recent Decennial U.S. Census or any lawful special census, and (b) after subtracting the per capita assessment, the balance of the expenses shown in the budget shall be divided equally among the Member cities. 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 15, 2008. Section 4. Contracts. The Board of Directors may authorize any Officer or Officers, or agent or agents, to enter into any contract or to execute and deliver any instrument in the name of and on behalf of the Coalition. Section 5. Distribution of Assets Upon Dissolution. Upon dissolution of the Coalition for any reason, the assets of the Coalition, after provision for the payment oflawful 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, or alternates, present, in person or electronically, at any two regular or special meetings 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. No amendment shall take effect until it has 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, (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, whether before or after the time stated in the notice, shall be equivalent to the giving of the notice. ARTICLE IX - WITHDRAWAL OF MEMBERS Section 1. The withdrawal of any Member may be accomplished by the governing body 7 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 with the appropriate public agency 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 the 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. 8 CIQ:CJ'rL Ross Wilburn, Mayor ATTEST: 'J?'~e~~ l!. ,~~ MananX. Karr, CIty Clerk STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) On this ~ day of ()f.L~MBr=~ ,2007, before me, the undersigned, a Notary Public, personally appeared Ross Wilburn and Marian Karr, 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 Iowa City, 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- 34-to adopted by the City Council on the /1 J..I... day of DE..c.rM8E-~ ,2007, and that Ross Wilburn and Marian K. Karr acknowledged the execution of the instrument to be the voluntary act and deed of the municipal corporation, by it voluntarily executed. ~~Al~ SONDRAEFORT ~ if. Commission Number 159791 . . My Commission Expires lOW ' i' ~cb.cu.- V~ Notary Public in the State of Iowa 9 {j j ~ 1 --= -u:, !~W!:'t ,,~ ~_.~ -..~ CITY OF IOWA CITY MEMORANDUM DATE: December 7, 2007 TO: Mayor and City Council Ul&- FROM: Dale Helling, Interim City Manager RE: Changes in Metropolitan Coalition Agreement - Agenda Item # 13 Des Moines City Atty. Bruce Bergman has made the changes that were discussed at the meeting on Wednesday, and also added a title page and numbering. The final draft is . attached. The changes made were as follows: 1. In article V and VI, changed "Executive Director" to "Director of Governmental Affairs" . 2. In Article VI, changed the budget assessment formula to reflect that the budget expenses remaining after the per capita assessment divided equally among the member cities, rather than the reference to "one-tenth". 3. Changed due date for the first budget payment to January 15. ARTICLE I. NAME, PURPOSE S ecti on 1. Name .................................................................................. 3 Section 2. ~urpose............................................................................... 3 ANIZATION Section 1. mbership .................................... ..(................................ 3 Section 2. Di ectors and Officers................. ../................................... 3 S ecti on 3. V 0 ing.. .. .. .. . .. .. . .. .. .. . .. .. . .. .,,/ .. .. .. .. .. .. .. . . .. .. . .. . .. . .4 Section 4. Me tings ................................l:......................................... 4 / ./ ./ / ARTICLE III. POWE S OF COALITIO~' Section 1. Gener 1 Powers...... ../.................................... 4 / /" ARTICLE IV. COMMI TEES // Section 1. Executive Co~tee .................... ................... ................4 i Section 2. Other Stan inwCommi ttees ............................................. 5 i / ARTICLE V. STAFF Section 1. AppointJrient..... ............................................................5 Section 2. Dutiesi~nd Respo sibilities.................................5 ARTICLE VI. BUDqET Section 1. Aq,6ption of Budget..... ...................................................5 Section 2. Dj'sbursement of Funds... ................................................5 Section 3. Annual Assessment. .. . .... ..................................5 Section 4./Contracts.......................................................6 Section 5'. Distribution of Assets on Dis lution. . . . . . . . . . . . . . . . . . . . ..6 Section 1. Amendments ...................................... ........................ 6 ARTICLE VII. AMENDMENTS ARTICLEVIII. NOTICE Section 1. Notices........................................................................... 6 Section 2. Waiver of Notices. ..........................................6 ARTICLE IX. WITHDRAWAL BY MEMBERS Section 1. Notice ofWithdrawal.................................................. 6 ARTICLE XI EFFECTIVE DATE AND DURATION OF AGREEMENT Section 1. Effective Date.............................................................. 7 Sectio 2. Duration........................... J........................................... 7 ;' Section 1. Provisions to be Sever~le............................................. 7 / ARTICLE XIII. ECUTION OF A~REEMENT i / Section 1. Pas ge of Resolujion .................................................... 7 Section 2. Sign re Pages/........................................................... 7 ,I / MEMBER SIGNA A~~S.................................... ............ ........ ....... 7 / ! f ;' ", 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 Ames, Iowa, the City of Council Bluffs, Iowa, and the City of Davenport, Iowa, (hereinafter referred to collectively as the "Members") consider it desirable to unite the larger cities of Iowa with similar concerns in an organization intended to enhance communication and to advanc~ common interests in legislative matters; and . / / WHEREAS, t e Members have agreed t at the terms of this Agreement shall be given effect and gove the matters set forth he ein. ARTICLE 1. NOW, THEREF RE, THE MEMBE S AGREE AS FOLLOWS: Section 1. Name. This organi~tion sh 11 be known as the "Metropolitan Coalition" (the Coalition"). _. \ Section 2. Purpose. The CoalitiOl\ a non-partisan advocacy organization. The purpose of the Coalition is to unite larger c' 'es with similar concerns in an organization intended to enhance communication and to a~ance their common interests and effectiveness in legislative matters. It is the inten on ofthe Coalition to work collaboratively with the Iowa League of Cities in promo ng th~,enactment of legislation beneficial to cities and opposing legislation harmful to cities. T~ Coalition cities are dedicated to a strong Greater Iowa. The mission of e Coalitioh is to develop sustainable communities for businesses and families throu$h economic ~owth and good local government. / \ ARTICLE II. OR~ANIZATION , \ I \ Section 1. Membership. T~e parties to this Agre~ent shall each be Members of the Coalition upon execution ~fthis Agreement as pr~yided in Article II. Each Member of the Coalition shall also b~ a member of the Iowa Le~gue of Cities. I \ Section 2. Directors and bfficers. \ ! i Directors. The Board o#Directors shall be composed of on~ representative from each Member of the Coalitiq'n. Officers. The officers of the Coalition shall consist of 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 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 Boa of Directors. Should any officer leave office for any reason such Officer's official posit n with the Member the Officer represents, such Officer's position shall immediat y become vacant. Any vacancy shall be filled at a special meeting called for such pose. Any officer elected to fill a vacancy shall service the remaining term of the offic . Section 3. Voting. Each Direc r or Alternate shall have one vote. A majority of the number of Directors establishe by this Agreement shall constitute a quorum for the transaction of business at any me ting of the Board of Directors. A Director or alternate must be present at a meeting ofth Board of Directors, in person or electronically, to be eligible to vote and a Director may ot vote by proxy. The affirmative vote of a majority of the Directors present, in person or lectronically, at a meeting at which a quorum is present shall be the act of the Board 0 Directors. Section 4. Meetings. There shall be an a ual meeting of the Board of Directors held each year at such time and place as may b determined by the Board. The Board may establish a schedule of regular meetings. S cial meetings of the Board of Directors may be called by the Chair or at the requ~st of an two Directors. The Chair shall preside at all meetings of the Board of Direct.."ors. In the ~sence of the Chair, the Vice Chair shall preside. One or more Directors may participate 'n a meeting through the use of any means of communicating by whicp all members the Board participating in the meeting may simultaneously heai each other durin~the meeting. ARTICLlt III - POWERS OF \.OALITION i ; ! Section 1. General Powers. Th~ business and affairs ofth Coalition shall be managed by the Board of Directors or b~ any committee established this Agreement or as prescribed by a resolution adopted by the Board of Directors' accordance with this I Agreement. ! ! ! / / ARTICLE IV - COMMITTEES i Section 1. Executive Committee. An Executive Committee is hereby created which shall , consist of the Chair, Vic~Chair, Treasurer and two additional members elected by the Board of Directors from/its membership. The Executive Committee shall have the power to perform ministerial atts on behalf of the Coalition, and, upon the request of the Board of Directors, to make r~commendations to the Board of Directors on matters involving policy. Meetings ofthe 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 obj ectives of the coalition. ARTICLE V - S Section 1. Appointmen An Executive Director sh 11 be appointed by the Board of Directors to serve at the leasure of the Coalition. he Board of Directors shall establish conditions of employmen and compensation for he Executive Director and a description outlining general responsib ities and job assi ent instructions more specifically defining the duties and tasks fthe Executive irector. The evaluation of job performance of the Executive irector shall b by the Board of Directors. Section 2. Duties and Res onsibi 'ties. The xecutive Director shall be responsible for providing advice and assistance to e Bo d of Directors, the Chair and the other officers, and the committees, and sh 1 be responsible for administering the operations of the Coalition. Lobbying activities eng g d in by the Executive Director shall be accomplished under the direction ofth Board of Directors. Unless otherwise designated, the Executive Director shall serve as S c etary of the Coalition and shall have such other powers and perform such other dutie as ay be provided by the Board of Directors or the Executive Committee. \ '\ 1nCLE VI>~UDGET Section 1. Adoption of Budget. ~e Board ofDir~tors shall adopt a budget at the annual meeting of the Coalition. The IFecutive Committe'e,shall annually prepare a proposed budg~t, and shall distribute the/fpro~osed budget to theBoard of D~r~ctors at leas~ ten days m advance of the annual;neetmg. The fiscal year Qfthe CoahtIOn shall begm on July 1 and end on June 30. / Section 2. Disbursement ot unds. The Executive Director ril~y disburse funds for any purpose authorized under is Agreement and by the action of t4~ Board of Directors, but shall not make a commit ent to spend money not otherwise auth.&rized under the adopted budget for that year witliout the prior approval of the Board of Directors or an amendment to the buft. 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 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's 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 1, 2008. I Section 4. Contracts. T Board of Directors may authorize any Officer or Officers, or agent or agents, to enter to any contract or to execute and deliver any instrument in the name of and on behalf of e Coalition. Section 5. Distribution of A sets U on Dissolution. Upon dissolution of the Coalition for any reason, the assets of the oalition, after provision for the payment oflawful debts and obligations of the Coalitio , shall be divided among the Members on the basis of their pro-rata contributions to t Coalition in the fiscal year in which such distribution is made. Section 1. Amendments. This Agreem t may be amended by the affirmative vote of a majority of the Directors, or alternates, esent, in person or electronically, at any two regular or special meetings of the Board 0 Directors. Proposed amendments to this Agreement must be made in writing and dis ibuted at least seven days in advance of the first meeting at which a vote on the proposed mendment will be taken. No amendment shall take effect until it has been filed with the propriate public agency if required by law. VII - AMENDMENTS ARTICLE VIII - N Section 1. Notices. All notices 1hich are required or pe itted to be given pursuant to this Agreement shall be made ip writing and may be (1) p rsonally delivered, (2) sent by ordinary mail, or (3) sent electronically and acknowledged, 'n each instance to the address then on file with the Qoalition. Section 2. Waiver of Notice. henever 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, whether be re or after the time stated in the notice, shall be equivalent to the giving of the notice. ARTICLE IX - WITHDRAWAL OF MEMBERS 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. T is Agreement shall become effective only upon approval and execution by two or mo e of the Members, and filing of this Agreement with the appropriate public agency if equired by law. Section 2. Duration of A ee ent. The Coalition Ihall exist unless there are fewer than two Members of the Coalition emaining, in whi!h case it shall be dissolved and the assets distributed as provided i Article VI, Se~ion 5 of this Agreement. I I i AR CLE XI - rVERABILITY i Section 1. Provisions to be Sev able"iI any provision of this Agreement is held to be invalid by a court of competent juri icti n, the invalidity of any such provision shall not affect the other provisions of this A e ent which can be given effect without the provision determined to be invalid, an ito that end the provisions of this Agreement are severable. / / ARTICLE XII -~XE TION OF AGREEMENT Section 1. Passage of ResolutiJ. A Partic ating Community shall become a party hereto by the passage of a resoluf on approvin this Agreement and authorizing execution of the same by its statutory offic rs. Section 2. Signature Pages. ach Member appro 'ng this Agreement shall execute the separate signature page provi d for it. CITY OF IOWA CITY, IOWA Ross Wilburn, Mayor " ATTEST: ( \ \ \ Marian K. Karr, City Clerk STATE OF IOWA ) ) ss: \ , \, COUNTY OF JOHNSON \ \ )'\ " , On this day of '\ , 2007, before me, the undersigned, a Notary Public, personally appeared Ro~s'\Wilburn and Marian K. Karr, to me personally known, who, being by me duly sworn,did\f;>tate that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the seal of the corporati6n, and t~t 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 Ross Wilburn and Marian K. Karr 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 ofIowa