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HomeMy WebLinkAbout2011-04-05 Resolution4-05-11 4e 2 Prepared by: Jason Havel, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356 -5410 RESOLUTION NO. 11 -93 RESOLUTION SETTING A PUBLIC HEARING ON APRIL 19T11 , 2011 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA RIVER TRAIL — NAPOLEON TO TRUEBLOOD 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 the Terry Trueblood Rec Area Tail Connection account # 4221. 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 19th day of April, 2011, 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. That 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. That the 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 April , 20 11 A-A- Ill ^_ MAYOR Approved by ATTEST: y u� CITY-CLERK City Attorney's Office Pwe ng /res/truebl ood pro)- setph. d oc 3/11 Resolution No. 11 -93 Page 9 It was moved by champion and seconded by ni rkana the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x wpdata/glossary/resolution - ic.doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright r4i7i77 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 11 -94 RESOLUTION DESIGNATING THE CITY MANAGER AS THE AUTHORIZED REPRESENTATIVE FOR THE HAZARD MITIGATION GRANT PROGRAM (HMGP) WATER PLANT WELL HEAD PROTECTION PROJECT NO. DR- 1763- 0137 -01. WHEREAS, the City previously entered into a grant agreement for mitigation project No. DR- 1763- 0137 -01 to protect three water well heads through the Hazard Mitigation Grant Program and said grant agreement appointed Dale E. Helling, Interim City Manager, as the authorized representative for the City of Iowa City; WHEREAS, Iowa Homeland Security and Emergency Management is requesting the City designate Thomas M. Markus, City Manager, as the authorized representative; and WHEREAS, the City Council finds that the public interest to appoint the current City Manager as the authorized representative. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Thomas M. Markus, City Manager, is authorized to execute on behalf of the City of Iowa City mitigation project number DR- 1763- 0137 -01 and to file the authorization with Iowa Homeland Security and Emergency Management (HSEMD) for the purpose of obtaining financial assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (PL 93 -288, as amended) and the Code of Iowa, Chapter 29C. 2. The Mayor and City Manager are authorized to sign, and the City Clerk to attest, the Designation of Applicant's Authorized Representative. Passed and approved this 5th day of April, 2011. Mathew J. Hayek,WAYOR ATTEST: Maria K. Karr, CITY CLERK City Attorney's Office Resolution No. 11 -94 Page 2 It was moved by Champion and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens x Hayek x Mims x Wilburn x. Wright wpdata /glossary/resolution - ic.doc r4i 2 Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 11 -95 RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM RJ'Z EXPRESS WHEREAS, on December 11, 2010, an employee of HWZ, LLC, d/b /a RJ'Z Express, 2 Escort Lane, 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, RJ'Z Express 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, RJ'Z Express 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 $300.00 civil penalty to the City Clerk of the City of Iowa City; and WHEREAS, the violation underlying the above civil penalty is the first such violation within a two -year period. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council should accept the waiver of right to hearing and payment of $300.00 civil penalty on behalf of RJ'Z Express. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County 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: April 5, 2011 A Mayor, City of Iowa lty ATTEST: a44"/ e City derk, City of Iowa City Resolution No. 11 -95 Page 9 It was moved by champion and seconded by DirkPnG the Resolution be adopted, and upon roll call there were: AYES: _ x x x x X wpdata /glossary/resolution - ic.doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright 7(i3) Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 11 -96 RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM CREEKSIDE MARKET WHEREAS, on December 12, 2010, an employee of Sector, Inc., d/b /a Creekside Market, 2601 Highway 6 East, 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, Creekside Market 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, Creekside Market 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 $300.00 civil penalty to the City Clerk of the City of Iowa City; and WHEREAS, the violation underlying the above civil penalty is the first such violation within a two -year period. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council should accept the waiver of right to hearing and payment of $300.00 civil penalty on behalf of Creekside Market. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County 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: April 5, 2011 Mayor, City of Iowa Cl ATTEST: �ile/ City Clerk, City of Iowa City Resolution No. 11 -96 Page 2 It was moved by Champion and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: X X X x x x wpdata /glossary/resolution - ic.doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright U4 -uo-"I "1 MA_ 4f 4 Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 11 -97 RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM EL PASO THE MEXICAN STORE WHEREAS, on December 11, 2010, an employee of El Paso Tienda Y Taqueria, d/b /a El Paso The Mexican Store (hereinafter El Paso), 609 Hollywood Blvd, 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, El Paso 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, El Paso 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 $300.00 civil penalty to the City Clerk of the City of Iowa City; and WHEREAS, the violation underlying the above civil penalty is the first such violation within a two -year period. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council should accept the waiver of right to hearing and payment of $300.00 civil penalty on behalf of El Paso. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County 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: April 5, 2011 C N1 Mayor, City of Iowa ATTEST: rty Terk, City of Iowa City Resolution No. 11 -97 Page 2 It was moved by champion and seconded by Di rkens the Resolution be adopted, and upon roll call there were: AYES: —x X x x x x x wpdata/glossary/resolution - ic.doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356 -5030 RESOLUTION NO. 1 1 _gg RESOLUTION ACCEPTING THE DEDICATION OF AND AUTHORIZING THE MAYOR TO ENTER INTO A PUBLIC ACCESS EASEMENT AGREEMENT FOR A PORTION OF OUTLOT 5, ORIGINAL TOWN, IOWA CITY, JOHNSON COUNTY, IOWA. WHEREAS, Owner, DASH Properties, L.L.C., desire to adjust a lot line for properties it owns near the intersection of Market Street and Governor Street; and WHEREAS, upon examination of the proposed lot line shift, it was determined that a public access easement was necessary for a portion of said lots currently being used as an alleyway; and WHEREAS, Staff finds it in the public interest to accept the dedication of said easement and enter in to an easement agreement with the Owner. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1 . Acceptance of the above - referenced easement is hereby approved and authorized. 2. The Mayor is authorized to sign and the City Clerk to attest any and all documentation necessary to effectuate the acceptance of said dedication, including a public access easement agreement, and to record the same at Owner's expense. Passed and approved this 5th day of April , 2011. ATTEST: 74L �iri 'fi _e CITY CLERK A MAYOR App oved by City Attorney's Office 3/10/1 4f(5) Resolution No. 11 -98 Page 2 It was moved by c champ on and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x wpdata /glossary/resolution - ic.doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright Prepared by and Return to: Mark C. Danielson, 222 South Linn Street, Iowa City, IA 52240; 319 - 338 -7551 PUBLIC ACCESS EASEMENT AGREEMENT FOR A PORTION OF OUTLOT 5, ORGINAL TOWN OF IOWA CITY, IOWA THIS AGREEMENT, made and entered into by and between DASH Properties, L.L.C. (Owners), which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa, a municipal corporation, ( "City "). IT IS HEREBY AGREED AS FOLLOWS: For the sum of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, the Owner hereby grants and conveys to the City, an easement for the purposes of the right of public access to the area(s) designated as "Public Access Easement" on the Public Access Easement Plat (Exhibit A) attached hereto and incorporated herein and referred to herein as "easement area." The grant of rights under this Agreement provides City and the general public with a means of ingress, egress and passage over the easement area. The Parties acknowledge that the Easement Area has been used as an alleyway for many decades. Owners reserves a right to use said easement area for purposes which will not interfere with City and public's full enjoyment of its rights hereby granted; provided that the Owners shall not erect or construct any building, fence, retaining wall or other structures over the easement area; plant any trees or gardens, drill or operate any well; or construct any reservoirs or other obstructions on said area; or diminish or substantially add to the ground cover over the easement area. Nothing in this Agreement shall be construed to impose a requirement on the City to install, improve, maintain or repair the easement area at issue herein. Nor shall the Owners be deemed acting as the City's agent during the original construction and installation of said improvement. The Owners hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that it has good and lawful right to convey it or any part thereof. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall be deemed to apply to and run with the land and with the title to the land. 1 SIGNED this `— day of Ae2t +— , 2011. DASH PROPERTIES, L.L.C. By' Dou as W. Alberhasky, Ma ag CITY OF IOWA CITY By: Matthew J. Hayek, Mayor Approved by -/,P" City Attorney's Office 36,111 State of Iowa, County of Johnson, ss: 2 Sabrina A.H. Alberhasky, Manager Marian K. Karr, City Clerk On this // <U day of C� , 2011, before me, a notary public for said state, personally appeared Douglas W. Alberhasky as Manager of DASH Properties, L.L.C., to me known to be the persons named in and who executed the foregoing instrument, and ac Pv Pyprijtpri same as their voluntary act and de pP�AlB JOYCE ORTE _~ s COMMISSION NO. 160170 / A9YCOt�.'VISSION D67111-:"Es Not y bli for the State of Iowa State Iowa, County of Johnson, ss: On this day of I 1,v�% , 2011, before me, a notary public for said state, personally appeared , Sabrina A. H. Alberhasky as Manager of DASH Properties, L.L.C., to me known to be the persons named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. �+ KIMBERLY A.MOELLER _, Commission Number 727030 My mi • cw. U��V Notary Public for a State of Iowa 2 State of Iowa, County of Johnson, ss: n- 2011 g On this s day of F(�'2t � ,before me, the undersigned, a notary public for the state of Iowa, personally appeared Matthew J. Hayek 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 the City of Iowa City, Iowa, executing the within and foregoing instrument; that the seal attached thereto is the seal of said corporation by authority of its City Council; and that the said Mayor and City Clerk acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed _4a16ts god S V u- 1 Com Notary Public for the State Iowa M y Mwr kam/ MCD/ AlberhaskyDoug /EasementAgreement0211 3 r w us ® TE lg�eHg- Itl6® � 0 a 15 60 EO GRAPHIC SCALE IN FEET- 80 .00'( FWNO 1/2.0 PN i FOUND 5/8.0 PIN WITH YELLOW CAP 8 1253t� NW I' W Ui i N 0 z W I rOM V FOUND 5/B•0 PIN WI1H� YELLOW NMS CAP BY AND RETURN TO: TAMS CONSULTANTS, INC. 1917 S. GI BERT ST. IOWA CITY, IOWA 52240 LINE SEGMENT TABLE Jul<yl:r IU:V uus JUU Dr: uuuL; AJ.nnnnwanr LINE LENGTH BEARING DATE OF SURVEY: OCTOBER 11, 2010 L7 000' N 0 3" -NOTE THE PROPRIETOR OF THE EXISTING EASTERLY 60 FOOT (RECORD DISTANCE) TRACT IS DASH PROPERTIES, LLC. WHICH WAS CREATED BY DOUGLAS W. & SABRINA A.H. ALBERHASKY AND THE PROPERTY WAS CONVEYED FROM THEM TO THE LLC. MARKET STREET 5l C.P 1.28'(M) 181.95�v........ I p. FOUND 1.0 PIPE' TRACT Gf IA1`ID ,pD (o.le• x. as nbw uxE1 WSGRTMA ( I HOUSE M""• HOUSE � R1 AT - ,O�J 111 I N F�1Gn Qf.(2E5 IS� u]I DECK NIIv N �oPR IAUDITORAS N� TOUND g, BJAI- A PARCEL' "O 5 /8.0 IN (of IONA CITY, 2010073 Ty,6T W IN AUDITOR I I N p� W I n� PARCEL p 201007(1 ( Dcu.cxE I N Ia AT I "E55 N $ Icj7, -I5i p TIE FOUND 1/2.0 PIPE PAGE Z " GARAGE w� OF BMNNN GI E C CORNORN N -R6W SEC. C. 1 ER PLAT OF SURVEY FOUND CONCRETE MONUMENT PUBLIC ACCESS EASEMENT PLAT BM -52 -20 TIES RECORDED CITY OF IOWA CITY, JOHNSON COUNTY, IOWA IN PLAT BOOK 49, PAGE I Nwby . fy Nat NN knd . )I" d.a t .a. propwb and 4 I I.F.GAL DESCRIPTION W 111. r.M .d .urv.y rarb ra. Pwf- by m. w andw my db.al mq.M.lan and 1a1 1 - a duly IM.n.b Lmd Sumyw 6Lom 9, I J.W. CLARKS LAND PIPE pw.m.l dw 1M I- of N. Slal. of Iowa W MAM M A 20 -. MARK A 51EIN. LS Tara U> N.. 14675 I COMMENCING AT THE NORTHWEST CORNER OF OUTLOT S. ORIGINA:TOWN OF IOWA 4575 CITY ACCORDING TO THE PLAT RECORDED IN PLAT BOOK I AT PAGE 116 M TIE NI p SEES, T LINES. _ FXISBNG EASEMENT LINES. PURPOSE NOTED - RECORDED OIMEN90N5 i RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE: THENCE N90"00'D0'•E. ALONG THE NORTH LINE OF SAID OUTLOT 5, 181.95 FEET TO THE NORTHWEST P My Ilwnw rmerm dale I. D.aambw 31. 20_. I CORNER OF A TRACT OF LAND SHOWN ON A PLAT OF SURVEY (RETRACEMIENT) AS IOTA SEAL . z Page. w .b..l. --d by .1..ad: - F-1 Im 1 D F I S00 °38'27 "E, ALONG THE WESTERLY LINE OF SAID TMCT OF LAND, 150.29 FEET TO ' 'n E SOUTHWEST CORNER OF SAID TRACT OF LAND AND THE POINT OF BEGINNING; _ FOUND 1.0 PIPE 48_.12 47.31 E C CORNORN N -R6W SEC. C. 1 ER PLAT OF SURVEY FOUND CONCRETE MONUMENT PUBLIC ACCESS EASEMENT PLAT BM -52 -20 TIES RECORDED CITY OF IOWA CITY, JOHNSON COUNTY, IOWA IN PLAT BOOK 49, PAGE 250 4 I I.F.GAL DESCRIPTION W A PORTION OF OUTLOT 5. ORIGINAL TOWN OF IOWA CITY, IOWA, LOCATED IN THE I NORTHEAST ONE- QUARTCR OF THE SOUTHEAST ONE - QUARTER OF SECTION 10, 6Lom 9, I J.W. CLARKS TOWNSHIP 79 NORTH• RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, PIPE ' JOHNSON COUNTY, IOWA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: W PUBLIC ACCESS EASEMENT !l F+•1 (EXIIIBIT A) I I COMMENCING AT THE NORTHWEST CORNER OF OUTLOT S. ORIGINA:TOWN OF IOWA z CITY ACCORDING TO THE PLAT RECORDED IN PLAT BOOK I AT PAGE 116 M TIE NI p SEES, T LINES. _ FXISBNG EASEMENT LINES. PURPOSE NOTED - RECORDED OIMEN90N5 i RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE: THENCE N90"00'D0'•E. ALONG THE NORTH LINE OF SAID OUTLOT 5, 181.95 FEET TO THE NORTHWEST P N I---1 I CORNER OF A TRACT OF LAND SHOWN ON A PLAT OF SURVEY (RETRACEMIENT) AS o� . z RECORDED IN PLAT BOOK 53 AT PAGE 164 IN SAID RECORDER'S RECORDS; THENCE - F-1 Im 1 D F I S00 °38'27 "E, ALONG THE WESTERLY LINE OF SAID TMCT OF LAND, 150.29 FEET TO ' 'n E SOUTHWEST CORNER OF SAID TRACT OF LAND AND THE POINT OF BEGINNING; _ FOUND 1.0 PIPE 48_.12 47.31 LTHENCE CONTINUING SM" 38' 27" E20. DO FEETTO A POINT ON THE SOUTHERLY LINE OF AN EXISTING ALLEY; THENCE S89.59'30 "W, ALONG SAID SOUTHERLY LINE• 61.15 FEET; 40.0C THENCE NDO °28.23"W, 20.00 FEET TO A POINT ON THE NORTHERLY LINE OF SAID H ALLEY; THENCE 1489 °59'30 "E. ALONG SAID NORTHERLY LINE, 61.09 FEET TO THE POINT ... _ ... _...... T OF BEGINNING. CONTAINING 0.03 ACRE (1222 SQUARE FEET) AND IS SUBJECT TO I EASEMENTS AND RESTRICTIONS OF RECORD. FOUN r. PIPE 1 49.16' (M) I 48.45'(M) I 56.52 -(M) 70.01 "(M) 70-(R)-j! 56.65'(R) M I FOUND 112.0 PINS - CONGRESSIONAL CORNER, REESTABUSHED . FbuNO LOT 2 I E-I 1/z P I 6Lom 9, I J.W. CLARKS W PIPE ADPITION TO IPNA CITY, IOWA i W -- CONGRESSIONAL SECTION UNES RIGHT -OF -WAY LINES ; U. - LOT I . ------ ----- - - - - -- EASEMENT PUR POSE k PURPOSE NOTED ------ - --- - ------ _-------------- R SEES, T LINES. _ FXISBNG EASEMENT LINES. PURPOSE NOTED - RECORDED OIMEN90N5 M) - MEASURED DIMENSIONS Z 2T UA65 NOTED OIHERMSE ALL MORRMS ME N RE7 AND NNDREDMS 7.7 -7-7-7. FOUND 1.0 PIPES I 7.16 FEET APART. I W _ FOUND 1.0 PIPE 48_.12 47.31 EAST PIPE 4.60 FT. I WEST OF PIN SET1_- 40.0C ____-- _ - -_J.. _ No Y. fDUNO S /BY R MI N61S 5 NEST OF I 'mTM YELLOW CAP x0. H rtNNO_PWE_141 75 _____ -- FOUND 5 /B•0 PIN WITHI ... _ ... _...... T PLAT OF SURVEY JEFFERSON.STREET C: \6715 \6715 - 005- \67i5W5H.dwg 11/30/2010 12:22:43 PM CST LOT A LEGEND AND NOTES M - CONGRESSIONAL CORNER, FOUND - CONGRESSIONAL CORNER, REESTABUSHED • - CONGRESSIONAL CORNER, RECORDED LOCATION - PROPERTY CORNER(S), FOUND (a. ..t.0 0 - PROPERTY CORNERS SET (6/8• Iran Ph w� yWI- P,,U, LS Cop amb.nb WIN MMS ) 0 - OJT X. LANDSCAPE ARCHITECTS - PROPERTY k/ar BOUNDARY LINES -- - - -- -- CONGRESSIONAL SECTION UNES RIGHT -OF -WAY LINES - - - - - - CENTER LINES - - LOT LINES, INTERNAL -- EDT LINES. PLATTED OR BY ------ ----- - - - - -- EASEMENT PUR POSE k PURPOSE NOTED ------ - --- - ------ _-------------- R SEES, T LINES. _ FXISBNG EASEMENT LINES. PURPOSE NOTED - RECORDED OIMEN90N5 M) - MEASURED DIMENSIONS C22 -I - CURVE SEGMENT NUMBER UA65 NOTED OIHERMSE ALL MORRMS ME N RE7 AND NNDREDMS MA M CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIALISTS 1917 S. GILBERT ST. IOWA CITY, IOWA 52240 (319) 351 -8282 www.mmsconsultants.net 5761 C ST. SW SUITE D CEDAR RAPIDS, IOWA 52404 (319) 841 -5188 7.7 -7-7-7. F•i td H 9 PLAT OF SURVEY PUBLIC ACCESS EASEMENT PLAT A PORTION OF WROT 5, ORIGINAL TOWN OF IOWA CH LOCATED IN THE NE 114 SE 114 OF SEC. W79N- 0OFTHE 5TH P.M. CITY OF IOWA CITY JOHNSON COUNTY, IOWA MMS CONSULTANTS, INC. Dote' 11/30/2010 V.519-cl by, Fleld Book Not MAS 867 Drcwm by. 5-1.. MAS 1 " =60' Gheckod by DM Sheet Not G 1 1ITi -L No, IC 6715 -005 or, 1 fz 4f(6) r, Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356 -5139 RESOLUTION NO. 11 -99 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MARC MOEN, AND TENANT GRAZE IOWA CITY LLC D /B /A GRAZE, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Marc Moen, as landlord, and Graze Iowa City LLC, d /b /a Graze, as tenant, applied for a renewal of a temporary use of the public right -of -way agreement at 115 College St., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10 -3 -3; and WHEREAS, such use of the public right -of -way is compatible with the public use thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: The Mayor and City Clerk are hereby authorized and directed to respectively sign the 2011 renewal of License Agreement for Temporary Use of Public Right -of -Way, copy of which is on file with the Public Works Department. I 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 5th day of April , 2011. �.�., j/ im � MAYOR ATTEST: / .�---�� C T LERK Approved by: City Attorney's Office Resolution No. 11 -99 Page 2 It was moved by 'champion and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: X X x x x x x wpdata/glossary/resolution - ic.doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright 4�> 4f(7) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 11-100 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING AN AGREEMENT WITH HAWKEYE AREA COMMUNITY ACTION PROGRAM (HACAP), IOWA CITY, IOWA. WHEREAS, on July 9, 1999, the owner executed an Agreement with the City of Iowa City to receive Community Development Block Grant (CDBG) funds for the purchase of 8 properties; and WHEREAS, the terms of the Agreegment have been satisfied; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. 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 Lien for recordation, whereby the City does release the lien for the eight (8) properties located at 1958 Broadway Street, Unit 5A; 1960 Broadway Street, Unit 8A; 912 Benton Drive, Unit 11; 812 Benton Drive, Unit 32; 810 Benton Drive, Unit 32; 904 Benton Drive, Unit 14; 1960 Broadway Street, Unit 9A; and 802 Westwinds Drive, Unit 6, Iowa City, Iowa from an Agreement recorded October 4, 2001, Book 3149, Page 169 through Page 192 of the Johnson County Recorder's Office. Passed and approved this 5th day of Aj2rii , 201L_. ti MAYOR Approved by ATTEST: CIT CLERK City Attorney's Office Resolution No. 11 -100 Page 2 It was moved by Champion and seconded by pirkena the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey X Champion x Dickens x_ Hayek x Mims x Wilburn x Wright 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): Hawkeye Area Community Action Program (HACAP) Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the eight (8) properties located at 1958 Broadway Street, Unit 5A; 1960 Broadway Street, Unit 8A; 912 Benton Drive, Unit 11; 812 Benton Drive, Unit 32; 810 Benton Drive, Unit 32; 904 Benton Drive, Unit 14; 1960 Broadway Street, Unit 9A; and 802 Westwinds Drive, Unit 6, Iowa City, Iowa, and legally described as follows: See Exhibit A from an obligation of the owner, Hawkeye Area Community Action Program (HACAP), to the City of Iowa City represented by an Agreement recorded October 4, 2001, Book 3149, Page 169 through Page 192 of the Johnson County Recorder's Office. This obligation has been satisfied and the properties are hereby released from any liens or clouds upon title to the above properties by reason of said prior recorded document. ATTEST: iG1t�oi ��C c2�L1J CITY'CLE RK STATE OF IOWA ► ) SS: JOHNSON COUNTY ) 4&1^- --^ MAYOR Approved lay City Attorney's Office On this S :h day of AG21L , A.D. 20 // ,before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek 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. / / --IN?, adopted by the City Council on the S ' �' day APA i i , 20 /i and that the said Matthew J. Hayek 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. j 'roAl SONDRAEFORT �� WCommission Number 159791 Notary Public in and for Johnson County, Iowa My Commission Expires 3 7 Z 30f3- EXHIBIT A LEGAL DESCRIPTIONS 802 Westwinds Drive, Unit #6, Iowa City, IA Unit 6, Building B.of Trailridge Condominium Project Part 4, a horizontal property regime, according to the . Declaration recorded in Book 629, Page 190, Miscellaneous Records of Johnson County, Iowa, plus an undivided fractional interest in the common elements as set forth in said Declaration. Trailridge Condominium•Project Part 4 is located on Lot 4 Aspen Lake Subdivision, an addition to the City, of Iowa City, Iowa, according to the plat thereof recorded in Book 21, Page 82, Plat Records of Johnson County, Iowa. 2. 904 Benton Drive, Unit #14, Iowa City, IA Unit 904- 14,Benton Manor R Condominiums, according to the Declaration thereof recorded in Book 655, Page 370, Miscellaneous Records of Johnson County, Iowa, together with an undivided 1 /88th interest in the common elements. 3. 1958 Broadway Street, Unit 5A, Iowa City, IA Unit No. SA in 'Building No. 1958, 1900 Broadway. a Condominium, Johnson County, Iowa (which unit and regime are more particularly described in a certain Declaration of Submission of property to Horizontal Property Regime for •1900 Broadway,* a Condominium which was dated the 9th day of April, 1960, and filed for record the 10th day of April. 1'98Q. in the office of the County Recorder of Johnson County; Iowa, in Book 570, at page 156 and following), together with an undivided .86882. percentage interest in the land described in said. Declaration and in the common areas and facilities in said Horizontal Property Regime, together with and subject to all easements, restrictions and covenants.of record. The lands submitted to the Horizontal Property Regime and upon which said unit is located are described as .follows: Lots three (3) and four (4) in "part of Block 2, Braverman Center, Iowa ICity, Iowa,' according to the plat thereof recorded in Plat Book 7, gage 20, Plat Records of Johnson County, Iowa; and also beginning at the southeast corner -of said Lot 4, thence south 0 degrees 26 minutes 20 seconds west 65.86 feet along the east line of said Block 2, Braverman Center, thence north 89 degrees 33 minutes. 40 seconds west 410 feet to the west line of said Block 2, thence north._0 degrees 26 minutes 20 seconds east 215.09 feet along the west line of ,said Block 2' to the southwest' corner of said Lot 4 above described, thence south 69 degrees 33 minutes 40 seconds east along the south line o.f said Lot 4 to the point of beginning. 4. 1960 Broadway Street, Unit #9A, Iowa City, IA Unit No. 9A in Building No. 1960, 9900 Broadway, a Condominium, Johnson County, Iowa, (which unit and regime are more particularly described in a certain Declaration of Submission of Property to Horizontal Property Regime for 111900 Broadway," a Condominium which was dated the 9th day of April, 1980, and filed for record the 10th day of April, 1980) in the office of the County Recorder of Johnson County, Iowa, in Book 570, at page 156 and following), together with an undivided .95448 percentage interest in the land described'in said Declaration and in the common areas and facilities in said Horizontal Property Regime, together with and subject to all easements, restrictions and covenants of record. The lands submitted to the Horizontal Property Regime and upon which said unit is located are described as follows: Lots three (3) and four (4) in "Part of Block 2, Braverman Center, Iowa City, Iowa," according to the plat thereof recorded in Plat Book 7, page 20, Plat Records of Johnson County, Iowa; and also beginning at the southeast corner of said Lot 4, thence south 0 degrees 26 minutes 20 seconds west 65.86 feet along the east line of said Block 2, Braverman Center, thence north 89 degrees 33 minutes 40 seconds west 410 feet to the west line of said Block 2, thence north 0 degrees 26 minutes . 20 seconds east 215.09 feet along the.west line of said Block 2 to the southwest corner of said Lot 4 above described, thence south.69 degrees 33 minutes 40 seconds east along the south line of said Lot 4 to the point of beginning. EXHIBIT A (page 2) 5. 912 Benton Drive, Unit #11, Iowa City, IA Unit 912 -11 in a horizontal property regime known as Benton Manor I1, a Condominium, Iowa City, Iowa, together with an undivided percentage interest in and to the common areas and facilities appurtenant thereto, all as appears of record and on land described in the Declaration recorded in the Office of the County Recorder, Johnson County, Iowa, on July 29, 1983, in Book 655, beginning at Page 370, as may be amended. 6. 1960 Broadway Street, Unit 8A, Iowa City, IA Unit No. SA in Building No. 1960,1900 Broadway, a Condominium, Johnson County, Iowa, (which unit and regime. are more particularly described in a certain Declaration of Submission of Property to Horizontal Property Regime for "1900 Broadway," a Condominium which was dated the 9th day of April, 1980, and filed for record the 10th day of April, 1980, in the office of the.County Recorder of Johnson County, Iowa, in Book 570, at page 156 and following), together with an undivided .95448 percentage interest in the land described in said Declaration and in the common areas and facilities in said Horizontal Property Regime, together with and subject to all easements, restrictions and covenants of record. The lands submitted to the Horizontal Property Regime and upon which said unit is located are described as follows: Lots three (3) and four (4) in "part of Block 2, Braverman Center, Iowa City, Iowa," according to the plat thereof recorded in Plat Book 7, page 20, Plat Records of Johnson County, Iowa; and also beginning at the southeast corner of said Lot 4, thence south 0 degrees 26 minutes 20 seconds west 65.86 feet along the east line of said Block 2, Braverman Center, thence north 89 degrees 33 minutes 40 seconds west 410 feet to the west line of said Block 2, thence north 0 degrees 26 minutes 20 seconds east 215.09 feet along the west line of said Block 2 to the southwest corner of said Lot 4 above described, thence south 69 degrees 33 minutes 40 seconds east along the south line of said Lot 4 to the point of . beginning. 7. 812 Benton Drive, Unit #32, Iowa City, IA Unit B12 -32 in a horizontal property regime known as'Benton Manor I, a Condominium, Iowa City, .Iowa, together with an undivided percentage interest in and to the common areas and facilities appurtenant thereto, all as appears of record and on land described in the Declaration recorded in the Office of the County Recorder, Johnson County, Iowa, on July 30, 1982, in Book 624, beginning at Page 240, as may. be amended. Sometimes described as: Unit 812 -32 Benton Manor I Condominiums, according to the Declaration thereof recorded in Book 624, Page 240, Miscellaneous Records of Johnson County, Iowa, together with a 1 /84th interest in the common elemnets as described in said Declaration. 8. 810 Benton Drive, Unit #32, Iowa City, IA Unit 810 -32 in a horizontal property regime known as Benton Manor I, a Condominium, Iowa City, Iowa, together with an undivided percentage interest in and to the common areas and facilities appurtenant thereto, all as appears of record and on land described in the Declaration recorded in the office of the County Recorder, Johnson County, Iowa, on July 30, 1982, in Book 624, beginning at Page 240, as may be amended. with the street addresses of 1958 Broadway Street, Unit 5A: 1960 Broadway Street Unit 8A: 912 Benton Drive. Unit #11: 812 Benton Drive, Unit #32. 810 Benton Drive. Unit #32: 904 Benton Drive. Unit #14: 1960 Broadway Street Unit 9A• and 802 Westwinds Drive_ Unit #6: r 4f(8) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. j]_101 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND U.S. BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1034 CONKLIN LANE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Statement of Interim Lien executed by the owners of the property on September 8, 1995, and recorded on September 18, 1995, in Book 1969, Page 251 through Page 252 in the Johnson County Recorder's Office covering the following described real estate: See Exhibit "A" WHEREAS, U.S. Bank has executed a loan and is securing the loan with a mortgage, on the real estate described above; and WHEREAS, it is necessary that the Mortgage held by the City be subordinated to the loan of U.S. Bank, secured by a proposed mortgage in order to induce U.S. Bank to secure first position on such a loan; and WHEREAS, U.S. Bank has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with U.S. Bank; and WHEREAS, there is sufficient value in the above - described real estate to secure the City as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and U.S. Bank, Iowa City, Iowa. Passed and approved this 5th day of April 1 201_. MAYOR Approved by Resolution No. 11 -101 Page 2 ATTEST: CIT LERK City Attorney's Office It was moved by Champion and seconded by Di rkana the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey x Champion x Dickens Hayek Mims X Wilburn x Wright EXHIBIT "A" LEGAL DESCRIPTION SITUATED IN JOHNSON COUNTY, IOWA: LOT 1, PARROTT ESTATES ADDITION TO IOWA CITY, JOHNSON COUNTY, IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 51, AT PAGE 36, OFFICE OF THE JOHNSON COUNTY RECORDER . BEING THE SAME PROPERTY CONVEYED BY DEED RECORDED IN VOLUME 4125, PAGE 343, IN THE JOHNSON COUNTY, IOWA RECORDS. ALSO: SITUATED IN JOHNSON COUNTY, IOWA: A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, OF SECTION 2, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE STH PRINCIPAL MERIDIAN, IOWA CITY, IOWA, THE BOUNDARIES OF WHICH ARE DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 2; THENCE 800 DEG. 26'06"E ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER 1,322.10 FEET; THENCE S89 DEG. 30' 02 "W, 1,110.71 FEET TO THE-POINT OF BEGINNING; THENCE S00 DEG. 00'00"W, 154.00 FEET; THENCE S89 DEG. 3010211W, 207.00 FEET; THENCE N00 DEG. 00'00"E, 154.00 FEET; THENCE N89 DEG. 30'02"E, 207.00 FEET, TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINING 31.877 SQUARE FEET MORE OR LESS. BEING THE SAME PROPERTY CONVEYED BY DEED RECORDED IN VOLUME 1830, PAGE 83, IN THE JOHNSON COUNTY, IOWA RECORDS SUBJECT TO ALL EASEMENTS, COVENANTS, CONDITIONS, RESERVATIONS, LEASES AND RESTRICTIONS OF RECORD, ALL LEGAL HIGHWAYS, ALL RIGHTS OF WAY, ALL ZONING, BUILDING AND OTHER LAWS, ORDINANCES AND REGULATIONS, ALL RIGHTS OF TENANTS IN POSSESSION, AND ALL REAL ESTATE TAXES AND ASSESSMENTS NOT YET DUE AND PAYABLE. SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and U.S. Bank of Iowa City, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Statement of Interim Lien which at this time is in the amount of $25,000, and was executed by Wayne A. Parrott and Sandra Jo Parrott (herein the Owner), dated September 8, 1995, recorded September 18, 1995, in Book 1969, Page 251 through Page 252, Johnson County Recorder's Office, covering the following described real property: A portion of the Southeast Quarter of the Southwest Quarter of Section 2, Township 79 North, Range 6 West of the 5t" P.M., Iowa City, Iowa, as more particularly described in a certain warranty deed recorded at Book 1830, page 83 on October 28, 1994, in the Office of the Johnson County Recorder. See Exhibit "A" WHEREAS, the Financial Institution proposes to loan the sum of $31,000 on a promissory note to be executed by the Financial Institution and the Owner, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Statement of Interim Lien held by the City be subordinated to the lien of the mortgage made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Statement of Interim Lien held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Statement of Interim Lien of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this S day of 20 // . CITY OF IOWA CITY FINANCIAL INSTITUTION By Mayor Attest: City Nrk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) By 7(-, CZ-" P'-L�e On this 5 -A day of AppoL , 20 11 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared A'6wF to 7. Pau�K and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. /I - r o e passed (the Resolution adopted) by the City Council, under Roll Call No. -- ---- -- of the City Council on the 5'"' day of Appw— 2 20-�/ , and that MQ-44 h e ,.j ' k- and Marian K. Karr acknowledged the execution of the instrument to be their volun ary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. I'll SONDRAE FORT _ Commission Number 159791 Sn�� My commission Expires Notary Public in and for the State of Iowa ow 7 ��� LENDER'S ACKNOWLEDGEMENT W� '60 -0As%' n STATE OFjjD.WA' ) ) ss: JO .N N COUNTY ) .. On this day of 0.1\ , 20 ,before me, the undersigned, a Notary Public in and for the State of a, personally appeared fly C�2rt�� to me iSCut,'��c it Le— of �e�11 personally known, who being by me duly sworn, did say that he/she is the SS �e5� Lk • Q"I o,.X-\L , that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that said acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him /her voluntarily executed. Notary Public in and for the State L'.- tom. My Commission expires: ' � �w =r_�Q�PRY PUS Ckr�� SUSAN J.r B!-IOP EXHIBIT "A" LEGAL DESCRIPTION SITUATED IN JOHNSON COUNTY, IOWA: LOT 1, PARROTT ESTATES ADDITION TO IOWA CITY, JOHNSON COUNTY, IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 51, AT PAGE 36, OFFICE OF THE JOHNSON COUNTY RECORDER . BEING THE SAME PROPERTY CONVEYED BY DEED RECORDED IN VOLUME 4125, PAGE 343, IN THE JOHNSON COUNTY, IOWA RECORDS. ALSO: SITUATED IN JOHNSON COUNTY, IOWA: A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, OF SECTION 2, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE STH PRINCIPAL MERIDIAN, IOWA CITY, IOWA, THE BOUNDARIES OF WHICH ARE DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 2; THENCE 800 DEG. 26'06"E ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER 1,322.10 FEET; THENCE S89 DEG. 30'02"W, 1,110.71 FEET TO THRPOINT OF BEGINNING; THENCE S00 DEG. 00'00"W, 154.00 FEET; THENCE S89 DEG. 30102"W, 207.00 FEET; THENCE N00 DEG. 00' 00 "E, 154.00 FEET; THENCE N89 DEG. 30'02"E, 207.00 FEET, TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINING 31.877 SQUARE FEET MORE OR LESS. BEING THE SAME PROPERTY CONVEYED BY DEED RECORDED IN VOLUME 1830, PAGE 83, IN THE JOHNSON COUNTY, IOWA RECORDS SUBJECT TO ALL EASEMENTS, COVENANTS, CONDITIONS, RESERVATIONS, LEASES AND RESTRICTIONS OF RECORD, ALL LEGAL HIGHWAYS, ALL RIGHTS OF WAY, ALL ZONING, BUILDING AND OTHER LAWS, ORDINANCES AND REGULATIONS, ALL RIGHTS OF TENANTS IN POSSESSION, AND ALL REAL ESTATE TAXES AND ASSESSMENTS NOT YET DUE AND PAYABLE. =6a Prepared by: Sarah Walz, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5239 RESOLUTION NO. 11 -m RESOLUTION AMENDING THE COMPREHENSIVE PLAN TO INCLUDE THE SOUTHEAST DISTRICT PLAN, FOR PROPERTY GENERALLY LOCATED SOUTH OF COURT STREET, EAST OF SYCAMORE STREET & FIRST AVENUE, NORTH OF HIGHWAY 6 AND WEST OF THE CITY'S EASTERN GROWTH BOUNDARY. WHEREAS, the Iowa City Comprehensive Plan, consisting of specific District components, serves as a land use and planning policy guide setting forth a vision, goals and objectives for future development or redevelopment throughout the city and for preserving valuable assets already present within established neighborhoods and by providing notification to the public regarding intended uses of land; and WHEREAS, the goals and objectives included in the Southeast District Plan were developed with significant public input gathered through a series of public workshops and focus group sessions that took place over the course of eighteen months; and WHEREAS, the Southeast District Plan establishes a set of planning principles, goals and objectives, and plan maps that relate specifically to the history and existing conditions of the Southeast District and establishes a vision for the future of the neighborhoods and commercial and industrial areas within the district; and WHEREAS, the Southeast District Plan sets forth the planning principles, goals, objectives, and plan maps for housing and neighborhood quality; transportation and streets; parks, trails, and open space; eastside growth; commercial development and industrial and employment areas that will serve as a framework to guide future public and private investment in a manner that will benefit citizens living or working in the Southeast District as well as citizens in Iowa City as a whole; and WHEREAS, the Planning and Zoning Commission has reviewed the Southeast District Plan and recommend that it be included as an integral part of the Iowa City Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Iowa City Comprehensive Plan is hereby amended to include the Southeast District Plan. Passed and approved this 5th day of April , 2011. Mayor ATTEST: —° City ler Approved by: , City At o ey's Office -5 ��� Resolution No. 11 -102 Page 2 It was moved by Bailey and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: x x x x x x wpdata /glossary/resolution -ic. doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright Prepared by: Sarah Walz, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5239 RESOLUTION NO. RESOLUTION AMENDING THE COMPREHENSIVE PLAN TO INCLUDE THE SOUTHEAST DISTRICT PLAN, FOR PROPERTY GENERALLY LOCATED SOUTH OF COURT STREET, EAST OF SYCAMORE STREET & FIRST AVENUE, NORTH OF HIGHWAY 6 AND WEST OF THE CITY'S EASTERN GROWTH BOUNDARY. WHEREAS, the Iowa City omprehensive Plan, consisting of specific District components, serves as a land use and pl Wing policy guide setting forth a vision, goals and objectives for future development or redeve ment throughout the city and for preserving valuable assets already present within establish d neighborhoods and by providing notification to tie public regarding intended uses of land; d / WHEREAS, the goals and objective included in the Southeast District Plan w re developed with significant public input gathered t ough a series of public workshops a focus group sessions that took place over the cours of eighteen months; and WHEREAS, the Southeast District Plan establishes a set of planning pri ciples, goals and objectives, and plan maps that relate speci ally to the history and exis ng conditions of the Southeast District and establishes a vision fo the future of the neighb rhoods and commercial and industrial areas within the district; and WHEREAS, the Southeast District Plan sets forth\& plan maps for housing and neighborhood quality; t open space; eastside growth; commercial developrr that will serve as a framework to guide future public benefit citizens living or working in the Southeast Di whole; and planning pr ciples, goals, objectives, and sportation nd streets; parks, trails, and nt and i ustrial and employment areas d privAte investment in a manner that will nrpt Wwell as citizens in Iowa City as a WHEREAS, the Planning and Zoning Commission as rev wed the Southeast District Plan and has recommended that it be included as an inte al part of the Iowa City Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY HE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Iowa City Comprehensive Plan is reby amended to include t�e Southeast District Plan. Passed and approved this ATTEST: City Clerk Approved by: City Attorney's Office day of 12011. Mayor 1O C, r 1 C3 N .<r O''`ff •. O 1.a y�PIS OF /0�9 MATT SCHULTZ 4 ' y '• V W SECRETARY OF STATE qRY OF OFFICE OF THE IOWA SECRETARY OF STATE Marian Karr City Clerk City of Iowa City 410 East Washington Street Iowa City, IA 52240 -1826 Re: Resolution #11 -103 Dear Ms. Karr, LUCAS BUILDING, 1- FLOOR DES MOINES, IOWA 50319 June 15, 2011 N o -- CM M You are hereby notified that the resolution, plat map, and other documents pertaining to the voluntary annexation of territory to the City of Iowa City have been received and accepted by this office as requirement of Iowa Code section 368.7. You may consider the annexation filed. Sincerely, Matt Schultz Iowa Secretary o/State ;Tst H en e rson ant Director — Business Services Division Cc: Daniel Keller, Iowa Department of Transportation Cc: Marie Steenlage, City Development Board Administrator U4-Ub -11 6C Prepared by: Lorin Ditzler, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5234 RESOLUTION NO. i t —103 A RESOLUTION FOR A VOLUNTARY ANNEXATION OF APPROXIMATELY 12.72 ACRES OF PROPERTY LOCATED AT MORMON TREK BOULEVARD AND DANE ROAD, JOHNSON COUNTY, IOWA. WHEREAS, ILJ Investments, Inc. is the owner and legal titleholder of approximately 9.71 acres of land located at Mormon Trek Boulevard and Dane Road, Johnson County, Iowa; and WHEREAS, ILJ Investments, Inc. has requested annexation of the approximate 9.71 acre tract into the City of Iowa City, Iowa; and WHEREAS, the City of Iowa City owns the adjacent 3.01 acre Right of Way of Mormon Trek Boulevard to the south and wishes to annex said right -of -way; and WHEREAS, the aforementioned properties are within the Long Range Planning Boundary of the City of Iowa City; and WHEREAS, development in the area proposed for annexation will fulfill an identified need without imposing an undue burden on the City; and WHEREAS, control of the area proposed for annexation is in the City of Iowa City's best interest because it will allow development in a manner consistent with the comprehensive plan; and WHEREAS, pursuant to Iowa Code 368.5 and 368.7 (2011), notice of the application for annexation was sent to the Johnson County Board of Supervisors, Johnson County departments of Attorney, Auditor, Engineer, Planning and Zoning, each affected public utility, West Lucas Township, the City of University Heights, the Metropolitan Planning Organization of Johnson County, and the East Central Iowa Council of Governments; and WHEREAS, pursuant to Iowa Code 368.7(3) (2011), notice of the application was published in an official county newspaper; and WHEREAS, none of these entities have objected to the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The following described land should be voluntarily annexed to the City of Iowa City, Iowa: LEGAL DESCRIPTION OF PROPERTY TO BE ANNEXED: Outlot A, Meadowlark Hill Second Subdivision to Johnson County, Iowa, according to the recorded plat thereof, recorded in plat book 55 at page 132 in the records of the Johnson County recorder's office, and all of the adjacent Right of Way of Mormon Trek Boulevard to the south of said Outlot A, containing 12.72 acres. 2. The City Clerk is hereby authorized and directed to certify, file, and record all necessary documents and provide any necessary documentation to the City Development Board as required by Iowa law under Section 368.7(3) (201 1) at ILJ Investment, Inc.'s expense. Resolution No. 11 -103 Page 2 3. Further, the City Clerk is hereby authorized and directed to certify and file all necessary documents for certification of the population of the annexed territory to Johnson County and the State Treasurer, said population being zero. Passed and approved this 5th day of A= ,-;1 2011. r MAYOR ATTEST: CITY CLERK Approved by u� City Attorney's Office 3�Zi I Resolution No. 11 -103 Page 2 It was moved by Bailey and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: x x x x x X wpdata /glossary/resolution - ic.doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright j�AR 2 3 2011 \k' 3b `A .m city clef ra Iowa UY Prepared by: Lorin Ditzler, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5234 RESOLUTION NO. % A RESOLUTION FOR A VOLUNTARY ANNEXATION OF APPROXIMATELY 12.72 ACRES OF PROPERTY LOCATED AT MORMON THE OULEVARD AND DANE ROAD, JOHN�ON COUNTY, IOWA. WHEREAS, ILJ vestments, Inc. is the owner and egal titleholder of approximately 9.71 acres of land located at ormon Trek Boulevard and Da Road, Johnson County, Iowa; and WHEREAS, ILJ Inve tments, Inc. has requested nnexation of the approximate 9.71 acre tract into the City of Iowa C , Iowa; and WHEREAS, the City of I a City owns the adja nt 3.01 acre Right of Way of Mormon Trek Boulevard to the south and wis es to annex said rig t -of -way; and WHEREAS, the aforementio ed properties ar within the Long Range Planning Boundary of the City of Iowa City; and WHEREAS, development in th area prop sed for annexation will fulfill an identified need without imposing an undue burden on e City; nd WHEREAS, control of the area p pos for annexation is in the City of Iowa City's best interest because it will allow developme i a manner consistent with the comprehensive plan; and WHEREAS, pursuant to Iowa Code 3 .5 and 368.7 (2011), notice of the application for annexation was sent to the Johnson Co my oard of Supervisors, Johnson County departments of Attorney, Auditor, Engineer, Plann' g and oning, each affected public utility, West Lucas Township, the City of University H 'ghts, the etropolitan Planning Organization of Johnson County, and the East Central Iowa uncil of Gov nments; and WHEREAS, pursuant to Iowa ode 368.7(3) (2 11), notice of the application was published in an official county newspaper; an WHEREAS, none of these tities have objected to\the proposed annexation. NOW, THEREFORE, BE ly RESOLVED BY THE CITE!, COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The following descri d land should be voluntarily annexed\to the City of Iowa City, Iowa: L AL DESCRIPTION OF PROPERTY TO B ANNEXED: Outlot A, Meado ark Hill Second Subdivision to Johnson Coul \ty, Iowa, according to the recorded plat th eof, recorded in plat book 55 at page 132 in the records of the Johnson County recorder' office, and all of the adjacent Right of Way of Mormon Trek Boulevard to the south of said Ouutlot A, containing 12.72 acres 2. The City Clerk is hereby authorized and directed to certify, file, and record all necessary documents and provide any necessary documentation to the City Development Board as required by Iowa law under Section 368.7(3) (201 1) at ILJ Investment, Inc.'s expense. Resolution No. Page 2 3. Further, the City Clerk is hereby authorized and directed to certify and file all necessary documents for certification of the population of the annexid territory to Johnson County aQd the State Treasurer, said population being zero. // Passed and approvb4 this day of 2011. MAYOR ATTEST: CITY CLERK FILED ,� AR 2 3 2011 Oty Cle2k Iowa Ctty, Iowa Approved by City Attorney's Office 3�Li I i N G7 Prepared by: Lorin Ditzler, PCD, 410 E. Washington St., Iowa City, IA 522�ga19) 6 -5234 RESOLUTION NO. rn A RESOLUTION FOR A VOLUNTARY ANNEXATION OF APPRO T�I' 121 ACRES OF PROPERTY LOCATED AT MORMON TREK BOULEV VAIN DANE ROAD, JOONSON COUNTY, IOWA. WHEREAS, J Investments, Inc. is the owner and legal 1 acres of land locat at Mormon Trek Boulevard and Dane Road, WHEREAS, ILJ vestments, Inc. has requested annexatio tract into the City of to City, Iowa; and WHEREAS, the city f Iowa City owns the adjacent Right to the south and wishes to nnex said right -of -way; and WHEREAS, the aforeme tioned properties are within the Lc the City of Iowa City; and WHEREAS, development in he area proposed for a exa ;th t im osin an undue burden the City; and eholder of approximately 9.71 ohnson County, Iowa; and of the approximate 9.71 acre Way of Mormon Trek Boulevard Range Planning Boundary of will fulfill an identified need wi ou p g WHEREAS, control of the area roposed for annex tion is in the City of Iowa City's best interest because it will allow developm nt in a manner onsistent with the comprehensive plan; and WHEREAS, pursuant to Iowa Code 8.5 and 8.7 (2009), notice of the application for annexation was sent to the Johnson County oard of Supervisors, Johnson County departments of Attorney, Auditor, Engineer, Planning and oni , each affected public utility, West Lucas Township, the City of University Heights, the a opolitan Planning Organization of Johnson County, and the East Central Iowa Council of Gove ments; and WHEREAS, none of these entities have objec d the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY /HE CIS( COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: \� 1. The following described land should be voluntarily annexedo the City of Iowa City, Iowa: PTION bF PROPERTY TO B�,ANNEXED: Outlot A, Meadowlark Hill :population S division to Johnson Cou , Iowa, according to the recorded plat thereof, recopl book 55 at page 132 in th records of the Johnson County recorder's office, anth adjacent Right of Way of Morm Trek Boulevard to the south of said Outlot A, cont1 .72 acres and is subject to easem is and restrictions of record. 2. The City Clerk is herebrized and directed to certify, file, and re rd all necessary documents as required law under Section 368.7 (2009) at Owner's expense. 3. Further, the City Clerk by authorized and directed to certify and file all necessary documents for certificatie population of the annexed territory to Johnson County and the State Treasurer, saiation being zero. Passed and approved this day of 12011. Resolution No. Page 2 ATTEST: MAYOR Approved by cn Prepared by: Lorin Ditzler, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5234 RESOLUTION NO. A RESOLUTION FOR A VOLUNTARY ANNEXATION OF APPROXIMATELY 12.65 ACRES OF PROPERTY LOCATED AT MORMON TREK BOU�EVARD AND DANE ROAD, JOHNSON COUNTY, IOWA. WHEREAS, ILJ Investments, Inc. is the owner and legal ti eholder of approximately acres of land located =Mstments, oon Trek Boulevard and Dane Road Johnson County, Iowa; and WHEREAS, ILJ Inc. has requested annexat' n of the approximate 9.71 tract into the City of Iowa ity, Iowa; and WHEREAS, the city of owa City owns the adjacent rig and wishes to annex said rig h -of -way; and / WHEREAS, the aforementi ned properties the City of Iowa City; and are within WHEREAS, development in t area proposed without imposing an undue burden o the City; and WHEREAS, control of the area p posed for a interest because it will allow developme t in a and WHEREAS, pursuant to Iowa Code 3 .5 annexation was sent to the Johnson County of Attorney, Auditor, Engineer, Planning and Township, the City of University Heights, the County, and the East Central Iowa Council of G,� WHEREAS, none of these entities have o e 9.71 acre of Mormon Trek Boulevard Long Range Planning Boundary of annexation will fulfill an identified need iexation is in the City of Iowa City's best r consistent with the comprehensive plan; 368.7 (2009), notice of the application for of Supervisors, Johnson County departments ng, each affected public utility, West Lucas tropolitan Planning Organization of Johnson ments; and i o the proposed annexation. NOW, THEREFORE, BE IT RESOLVED Y THE Cl Y COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: o o 1. The following described land should a voluntarily annex to the City of to ItyAwa:i'j LEGAL DESCRIPT ON OF PROPERTY TO E ANNEXEDn, ra -<r rn Insert legal description here c� r'v 2. The City Clerk is hereby a thorized and directed to certify, fil and re'ord alt-necessary documents as required by owa law under Section 368.7 (2009) a Owner's expense. 3. Further, the City Clerk i hereby authorized and directed to ce ' y and file all necessary documents for certificati n of the population of the annexed territo to Johnson County and the State Treasurer, s ' population being zero. Passed and approved thi day of , 201 . ATTEST: CITY CLERK MAYOR Approved by City Attorney's Office Marian Karr From: Anna Moyers Stone <stone @ptmlaw.com> Sent: Tuesday, April 05, 2011 4:55 PM To: Marian Karr Cc: Sara Greenwood Hektoen; Tom Gelman Subject: EPS Subdivision Attachments: Phelan Tucker Law Firm_20110405_175829.pdf Ms. Karr: Attached please find a letter from Tom Gelman concerning the EPS First Addition Subdivision. The original will be sent by mail, but I wanted to make sure that you received this today. Please note that our client has agreed to waive the 60 -day deadline for Council's consideration of the Subdivision. Please contact me or Tom with any questions. Thanks, Anna Moyers Stone Phelan, Tucker, Mullen, Walker, Tucker & Gelman, LLP 321 East Market Street P.O. Box 2150 Iowa City, Iowa 52244 -2150 Tel: 319- 354 -1104 Fax: 319- 354 -6962 Email: stone(cDptmlaw.com Website: www.ptmlaw.com NOTICE: This transmittal may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination or copying of this transmittal is strictly prohibited. If you have received this communication in error, please notify us immediately by reply or by telephone (call us at 319 - 354 -1104) and immediately delete this message and all its attachments. Thank you. Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5240 (SU611 -0001 & SUB11 -0002) RESOLUTION NO. RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT OF EPS FIRST ADDITION (A SUBDIVISION OF A PORTION OF LOT 19, HIGHLANDER DEVELOPMENT FIRST ADDITION), IOWA CITY, IOWA. WHEREAS, Eye Physicians and Surgeons ( "Applicant "), with the consent of the owner, ENT Properties, LLC, filed with the City Clerk the preliminary and final plat of EPS First Addition (a subdivision of a portion of Lot 19, Highlander Development First Addition), Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following- described real estate in Iowa City, Johnson County, Iowa, to wit: The west 125 feet of Lot 19, Highlander Development, First Addition, Iowa City, Johnson County, Iowa, (final plat recorded in Plat Book 25, Page 52, Johnson County Recorder's Office). WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed preliminary and final plat and subdivision, and recommend approval; and WHEREAS, the subdivision has been made with the free consent and in accordance with the desires of the Owner and Applicant; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2011) 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 preliminary and final plat and subdivision located on the above - described real estate be and the same are hereby approved. 2. The City accepts the dedication of easements as provided by law. 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 and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the Applicant. Resolution No. Page 2 Passed and approved this day of ATTEST: % � A� CITY CLERK It was moved by adopted, and upon roll call there were: AYES: 2011. /k-Vdq'� �j , MAYOR Approved by and seconded by NAYS: pcd /templates /Final_Plat _EPS_Resolution.docl'inal- Plat --- Resolution.doc.doc u ✓�F,,c�;�u�T1n�' City Attorney's Office ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright the Resolution be Prepared by: Jason Havel, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5410 RESOLUTION NO. 11 -104 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2011 WALES STREET WATER MAIN IMPROVEMENTS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. 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; and WHEREAS, funds for this project are available in the Wales Street Water Main from Court Street to Friendship Street account # 3287. NOW, THEREFORE, BE IT RESOLVED BY THE CITY 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 of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 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 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. 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 2:30 p.m. on the 28th day of April, 2011. 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 3`d day of May, 2011, or at a special meeting called for that purpose. Passed and approved this 5th day of April , 20_11_ MAYOR ATTEST: 2e-- �Gity terk Pweng/res/201 1 walesst improvs- appp&s.doc 3/11 7 A proved by 1 City Attorney's Office __ f 2 Olt Resolution No. 11 -104 Page 2 It was moved by Wilburn and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey _x_ Champion _x Dickens x Hayek x Mims x_ Wilburn x Wright wpdata /glossary/resolution -ic. doc Prepared by: Ben Clark, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5436 RESOLUTION NO. 1 1 -105 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY WWTP BLOWER REPLACEMENT PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. 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; and WHEREAS, funds for this project are available in the EECBG account # 2310. NOW, THEREFORE, BE IT RESOLVED BY THE CITY 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 of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 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 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. 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 2:30 p.m. on the 20th day of April, 2011. 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 3`d day of May, 2011, or at a special meeting called for that purpose. Passed and approved this 5th day of April 120 11 MAYOR ATTEST: _ City berk Pweng /res /wwtpblower - appp &s.doc 3/11 Approved by d City Attorney's Office 8 Resolution No. 11 -105 Page 2 It was moved by wi i burn and seconded by Ra; i Py the Resolution be adopted, and upon roll call there were: AYES: X x x x x x x. wpdata /glossary/resolution - ic.doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright y, 9 Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 11 -106 RESOLUTION ASSESSING $300.00 CIVIL PENALTY AGAINST FIVE STARS FOOD MART WHEREAS, on December 13, 2010, an employee of Five Stars Food Mart, LLC, 1911 Keokuk Street, Iowa City, violated Iowa Code § 453A.2(1) by selling or providing tobacco to a minor; and WHEREAS, at the time of this violation Five Stars Food Mart 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 shall be subjected 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, a hearing was held on this date by the City Council to determine whether to assess the civil penalty against Five Stars Food Mart and at said hearing the City Council heard the facts of the violation and the arguments of the permittee, if any; and WHEREAS, this violation is the first such violation of an employee of Five Stars Food Mart 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 OF IOWA CITY CITY COUNCIL that the City Council, after notice and hearing, and pursuant to Iowa Code § 453A.22(2) hereby imposes a civil penalty in the amount of $300.00 against Five Stars Food Mart. BE IT FURTHER RESOLVED, that said retail cigarette permittee has twenty (20) days from the date of this Resolution to pay the civil penalty in full, and if the civil penalty is not timely paid the retail cigarette permit held by the permittee shall automatically be suspended for a period of fourteen (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 Johnson County 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: April 5, 2011 Mayor, City of Iowa City ATTEST:il/t/ City Clerk, City of Iowa City Resolution No. 11 -106 Page 2 It was moved by Bailey and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _x_ Bailey x _ Champion x Dickens x Hayek x Mims x Wilburn X. Wright wpdata /g I os sary/resol ution -ic. doc ❑ OC R IOWA UNEFORM crrA-VoN AND cowLAwr 0 HIS —10N -HIS IOWA CITY POLICE DEPARTMENT MED {1 Y6S PLAINTIFF:. ,. INC#t -2 .Mate oflowa is�- 213577 ❑ County of — tt]I lucnar 'Nm: ❑ City of:' IOWA CITY IntheCourtat. -_ c : t lM M ^TRPPT, .inmmgnbl rn[INTY GQIIRTHnIt- NAME: Defendant, Lad- Ft = _ - Muddle Statt Cu-. 45y= w,n,h,At Z n. �`/X The undersigned'itates that on or about at --� 5-n ❑ A defendant did unlawfulIy:, Mo. Day r. Operate Motor Vehicle/Boat (describe) CDL Req? Yes ❑ No�.Pgss End. Req? Yes D No ❑ HszMat End Req. Yes d 0 ❑ Reg. # State Year Upon a public highway at — Located in the county and state aforesaid and did then and there commit the following offers raffic ❑Navigation ❑Snowmobite/ATV ❑Fish -Game ❑Parks ❑Tobacco —J9altaduled Vio/Bine $ 116 A 90 C Road Const mcdon zone In I certify under penalty of perjury and pursu t to the laws of the State of Iowa that the preceding is true and correct. This Dated 17 A 3 /1 b ssl .tune Mo. Day Yr. Space Court Daiesf you must appear in court or if you choose o appear to answer a charge whic n an a earance, report to the above named court on: I -. alt - � .�AM ❑ PM Mo. M9 Yr. NOTICE:Providing false information is a violation of Section 719.3 of the Code of Iowa and is punishable as an aggravated misdemeanor. My atgmtm below is not aplea ofgttitty but ackwwiet>ges all offt SMOWJBV 1. .4 hereby swear and affirm that the information provided by me on this cltaiion is true under penalty orproviding false information. e 2. 1 promise to appear in said court at said time and place, or I will comply with the provision on the top of the reverse side of the citadom The following applies to simple misdemeanors only nt of i 2 3. 1 hereby give my unsecured appearnce bond in the amou dollars and eater my written appearance. I agme that if i fait to appear in person or by courser to aefead against the offease charged in this citation, the yourt is authorized to enter a conviction and render judgment against me for the amount of my appearance bond in satisfaction of the penalty and surcharge phis court costs. tgaatute —`I t - - - - -_ --- — _. - -... ----- - - - -._ _-- K—..... —_.— . - - -- - I`3 Non- Schedaied Violation Surcharge $ ❑�tAppattamR.egnW(805.10) Do Court Costa 5 t _ , ❑P.I. 0P.D. (S 1000) Accident ❑Fatal Accident Not Total FineiCosta 0 Civic Damage Assessment Write Violation <4J-) Speed In DATA CODE &ACV drfA� Zone -Sec. #— � IA Code Fed/Adm. Code Local Ord. In I certify under penalty of perjury and pursu t to the laws of the State of Iowa that the preceding is true and correct. This Dated 17 A 3 /1 b ssl .tune Mo. Day Yr. Space Court Daiesf you must appear in court or if you choose o appear to answer a charge whic n an a earance, report to the above named court on: I -. alt - � .�AM ❑ PM Mo. M9 Yr. NOTICE:Providing false information is a violation of Section 719.3 of the Code of Iowa and is punishable as an aggravated misdemeanor. My atgmtm below is not aplea ofgttitty but ackwwiet>ges all offt SMOWJBV 1. .4 hereby swear and affirm that the information provided by me on this cltaiion is true under penalty orproviding false information. e 2. 1 promise to appear in said court at said time and place, or I will comply with the provision on the top of the reverse side of the citadom The following applies to simple misdemeanors only nt of i 2 3. 1 hereby give my unsecured appearnce bond in the amou dollars and eater my written appearance. I agme that if i fait to appear in person or by courser to aefead against the offease charged in this citation, the yourt is authorized to enter a conviction and render judgment against me for the amount of my appearance bond in satisfaction of the penalty and surcharge phis court costs. tgaatute —`I t - - - - -_ --- — _. - -... ----- - - - -._ _-- K—..... —_.— . - - -- - t Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 11 -107 RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM THE DEN WHEREAS, on December 13, 2010, an employee of The Den, 123 E. Washington Street, 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, The Den 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, The Den 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 $300.00 civil penalty to the City Clerk of the City of Iowa City; and WHEREAS, the violation underlying the above civil penalty is the first such violation within a two -year period. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council should accept the waiver of right to hearing and payment of $300.00 civil penalty on behalf of The Den. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County 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: April 5, 2011 Mayor, City of Io 'ty ATTEST: City Clerk, City of Iowa City Resolution No. Page Z 11 -107 It was moved by Wright and seconded by rhampI an the Resolution be adopted, and upon roll call there were: AYES: x X x x x x —x wpdata /glossary/resolution - ic.doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. RES %on TION ASSESSING $300.00 CIVIL PENALTY AGAINST THE DEN WHEREAS, ecem ber 13, 2010, an employee of The Den, 123 E. Was mgton Street, Iowa City, violated Iowa ode § 453A.2(1) by selling or providing tobacco toVminor; and WHEREAS, at the time\,pf this violation The Den was operating u retail cigarette permit issued by the City of Iow City; and WHEREAS, pursuant to Iowa ode § 453A.22(2), an establis ent which holds a retail cigarette permit shall be subjected to a ci '1 penalty of $300.00 as a r ult of its employee violating Iowa Code § 453A.2(1), after a hearing \at r notice; and WHEREAS, a hearing was held o by the Ci Council to determine whether to assess the civil penalty against The Den hearin e City Council heard the facts of the violation and the arguments of th, if an , and WHEREAS, this violation is the first such N period to be considered by the City Council NOW, THEREFORE, BE IT RESOL that the City Council, after notice and imposes a civil penalty in the amount n of an employee of The Den within a two year Iowa Code § 453A.22(2). ' T ITY OF IOWA CITY CITY COUNCIL and pulsuant to Iowa Code § 453A.22(2) hereby 00 agains The Den. BE IT FURTHER RESOLVED, tha said retail cigarette pe ittee has twenty (20) days from the date of this Resolution to pay the c' it penalty in full, and if t e civil penalty is not timely paid the retail cigarette permit held by a permittee shall automatic ly be suspended for a period of fourteen (14) days, in addition t the $300.00 civil penalty. BE IT FURTHER RESOLV , that the City Clerk will forward a c y of this Resolution to the Johnson County Attorn ey's ffice, which will then provide a copy of e same to the retail cigarette permit holder via egular mail sent to the permit holder's place f business as it appears on the application for a r it cigarette permit. PASSED AND APPROVED: Mayor, City of/Iowa City ATTEST: City Clerk, City of Iowa City 10 In tho Court VS. NAME: Address City SS/DL# DL Clash The undersigned states tbat on oI anour N o Day Yr. defendant did unlawfully: Operate Motor Vehicidgoat (describe) YesO NOD CDLReq? YesO No0 Pms Req? fate Reg. # L at_&t� _ A M HuMat End Req. Yes17 No l - �""�Year —,� Upon a public highway at Located in the county and state aforesaid and did then and there commit the following aOTn" nco m ONavigatlon OSnowmobildATV OFish -Game OParks VioH=ine $ ^d:� 1JR0adC0nst 1X6=2= chetitdedVioiadon CiNot1,S ,10) Surcharge s---• /51L_ p ER�DgldrCd Do Court Costs S --- OP.1.1]P.D.(sI000)Accident i i O Fatal Accident lbtalF�dC $ f 49 � ❑Civi Damage Assessment Not f � ! Violatict : r+ ? /• iA Coda Write S cd In Zone -Sec. # ' 9 Fed/Adtn. Code Local Ord. DATA CODE ± — : In 1 certify under penalty of perjury and t to a laws f the State of lows that the preceding is true and correct. ��� / t. This Dated-1 ! 1 b - ai e:'s L, � Ma Day Yr• (1 Space u must appear in court or if you choose to appear toianswer a charge Dataf hick does.not o P which does not **�quire an appearance, re o above named court on' ❑ PM at U�y .. Mo. Do Yr. N01TGBproviding false information is a viol led miademe�nai9.3 of iha Code of Iowa sad 3s punishable as an aggta at! ofihe 811toWltlgi My �gns�rebelow ls�t a plea ot'gui ',Lut acinow]+ 1 t hereby swear sad affirm that the iafom>ation provided by me on this citation is tnra under penalty of providing hire information. u or 1 will comply with the provision on the 2, 1 promise to appear in said court at said time and place, top of the reverse side of the ctbdorr. The following applies to simple misdemeanors only 3�i dollars and enter my written 3. 1 hereby give my unsecured appeamnce bond in the amount of appearance. I agree that 'sf 1 hit to appear in person or by coud against the of&ose charged I conviction in this ci tation, the ns�c mad horind to en f the natty andns rehairgeJudgment p1us court eosagainst me for the amount of my app x tgnatura of , en nt _. --- ----- - - r. -- .. � ---- - - - - -- — � ------------ COMpWNr S ❑NON -RES O HIS j}}!6N -HIS 0 T•C/W IOWA UNIFORM CPPAMN AND COWEAD(r ARMED U OC &R• D � KyyA CM POLICE DEPAFk TMENT PLAINTIFF: IC . NO 213578, ,�irtate of Iowa JOHNSON No.: 0 COY IOWA CITY 0 City of: . _ _ ____. , ,.,.,erQnru rnuNTY COURTHOUSE In tho Court VS. NAME: Address City SS/DL# DL Clash The undersigned states tbat on oI anour N o Day Yr. defendant did unlawfully: Operate Motor Vehicidgoat (describe) YesO NOD CDLReq? YesO No0 Pms Req? fate Reg. # L at_&t� _ A M HuMat End Req. Yes17 No l - �""�Year —,� Upon a public highway at Located in the county and state aforesaid and did then and there commit the following aOTn" nco m ONavigatlon OSnowmobildATV OFish -Game OParks VioH=ine $ ^d:� 1JR0adC0nst 1X6=2= chetitdedVioiadon CiNot1,S ,10) Surcharge s---• /51L_ p ER�DgldrCd Do Court Costs S --- OP.1.1]P.D.(sI000)Accident i i O Fatal Accident lbtalF�dC $ f 49 � ❑Civi Damage Assessment Not f � ! Violatict : r+ ? /• iA Coda Write S cd In Zone -Sec. # ' 9 Fed/Adtn. Code Local Ord. DATA CODE ± — : In 1 certify under penalty of perjury and t to a laws f the State of lows that the preceding is true and correct. ��� / t. This Dated-1 ! 1 b - ai e:'s L, � Ma Day Yr• (1 Space u must appear in court or if you choose to appear toianswer a charge Dataf hick does.not o P which does not **�quire an appearance, re o above named court on' ❑ PM at U�y .. Mo. Do Yr. N01TGBproviding false information is a viol led miademe�nai9.3 of iha Code of Iowa sad 3s punishable as an aggta at! ofihe 811toWltlgi My �gns�rebelow ls�t a plea ot'gui ',Lut acinow]+ 1 t hereby swear sad affirm that the iafom>ation provided by me on this citation is tnra under penalty of providing hire information. u or 1 will comply with the provision on the 2, 1 promise to appear in said court at said time and place, top of the reverse side of the ctbdorr. The following applies to simple misdemeanors only 3�i dollars and enter my written 3. 1 hereby give my unsecured appeamnce bond in the amount of appearance. I agree that 'sf 1 hit to appear in person or by coud against the of&ose charged I conviction in this ci tation, the ns�c mad horind to en f the natty andns rehairgeJudgment p1us court eosagainst me for the amount of my app x tgnatura of , en nt _. --- ----- - - r. -- .. � 11 Prepared by: Kimberly Sandberg, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5139 RESOLUTION NO. 11 -108 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA NETWORK SERVICES, INC. TO USE CERTAIN PUBLIC RIGHTS -OF -WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK. WHEREAS, Iowa Network Services, Inc. desires to install a buried conduit system containing fiber optic telecommunications cable within certain City of Iowa City public rights -of -way; and WHEREAS, the City of Iowa City desires to give Iowa Network Services, Inc. a license to use those rights -of -way for such purposes ; and WHEREAS, it is in the public interest to enter into a license agreement with Iowa Network Services, Inc. concerning the location of and responsibility for the installation and maintenance of the fiber optic cable. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The attached license agreement between the City of Iowa City and Iowa Network Services, Inc. to use certain public rights -of -way as set out in said agreement for the placement of fiber optic cable is in the public interest, and is hereby approved as to form and substance. 2. The Mayor is authorized to execute and the City Clerk to attest the attached agreement, on behalf of the City of Iowa City, Iowa, and the City Clerk is hereby directed to record the resolution and agreement in the Johnson County Recorder's Office, at Iowa Network Services, Inc.'s expense. Passed and approved this 5th day of April , 2011. ;�1- MAYOR Approved 'b'yI r ATTEST- r.. f .,L AAAM �t446-�- CIT - LERK City Attorney's Office 3 I Resolution No. 11 -108 Page 2 It was moved by champion and seconded by n; ykPnG the Resolution be adopted, and upon roll call there were: AYES: X x X X x x x wpdata /glossary/resolution -ic. doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright A LICENSE AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND IOWA NETWORK SERVICES, INC. FOR USE OF PUBLIC RIGHTS -OF -WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK. SECTION I. DEFINITIONS a. "City" shall mean the City of Iowa City, Iowa and, where appropriate, shall include its officers, employees and agents. b. "Public Improvements" shall mean any publicly -owned improvements on public property, including but not limited to paving, sidewalks, grass, vegetation, trees, street lights, traffic signals, water mains, sewers, electrical transmission lines and equipment related thereto, cable and telephone lines and equipment related thereto. "Public Property" shall mean publicly -owned or controlled public land and rights -of -way, easements, bridges, parks squares and commons. d. "Network" shall mean cables, underground conduits, handholes, vaults, fiber optic cables, overhead transmission lines and other overhead cable and lines necessary for the provision of fiber optic service, including the equipment owned, operated, leased, or subleased by Licensee for the provision of said service. e. "Licensee" shall mean Iowa Network Services, Inc., an Iowa corporation located at 4201 Corporate Drive, West Des Moines, IA 50266 -5906. SECTION 2. BASIC GRANT Licensee is hereby granted a license to construct, maintain, inspect, protect, repair, replace and retain the Network in, under, upon, along and across the Public Property shown and generally identified in Exhibits A and B attached hereto and incorporated herein by this reference and specifically identified in the network map approved according to Section 3 below ('License Area'), according to the terms of this Agreement and subject to the regulatory powers of the City. SECTION 3. INSTALLATION, REPAIR, EXTENSION OR EXPANSION OF THE NETWORK Before commencing any extension or expansion of its system, or any major repair work or the installation of any new Network component within the License Area, the Licensee shall file with the Public Works Department of the City a written statement verifying the public property under which or upon which Licensee proposes to extend, expand, install or repair its system. The Director of Public Works may require the statement be accompanied by a map, plan or specifications showing the proposed location of the system components with references to streets and alleys, existing public utilities, the size and dimensions of all facilities, and the distance above or beneath the surface of the ground proposed for repair or installation. No Network component shall interfere with the reasonable and proper use, construction, reconstruction and maintenance of any public improvements or any existing City-owned public utility system component, or other structure upon or under Public Property. In the event that the proposed Network plan shows such interference, the Director of Public Works shall, within reasonable time after the filing of such plan, map or specifications, note the changes necessary to eliminate the interference and refer the same back to Licensee for modification of the plans. Any such review, approval or amendment shall remain subject to the provisions in Section 8 herein. Once the map, plan, or specifications are approved by the Public Works Director, they shall be filed in the Public Works Department and an excavation permit may be issued authorizing Licensee to proceed in accordance with the approved maps, plans, and /or specifications. Licensee shall not perform any work on the Network within the License Area prior to the issuance of the permit herein provided for unless it is an emergency as described in Section 5. All work performed shall be in accordance with the approved maps, plans or specifications and the terms of this License. SECTION 4. CONSTRUCTION AND REPAIR OF NETWORK To protect the public and assure the safe and efficient movement of traffic, Licensee shall properly barricade any Public Property used by Licensee in compliance with, at a minimum, the requirements set forth in the Manua/ on Uniform Traffic Control Devices. Licensee shall properly and speedily replace any and all pavement removed or damaged by Licensee in accordance with the City's regulations, City's Municipal Design Standards and Standard Construction Specifications, and warranted for a period of five (5) years. As a condition to the use of the License Area, Licensee shall, at its own expense, repair or cause repair to any private property public utility system component, public improvement or Public Property damaged by Licensee. If Licensee fails to repair or arrange with the City for the proper repair of any Public Property after excavations have been made, and after thirty days notice in writing to do so given to its designated representative, then the City may make such repairs at the expense of Licensee. SECTION 5. EXCAVATIONS The City hereby grants Licensee a license to make excavations within the License Area for the purpose of routine repair, replacement, and maintenance of wires, lines or other Network system components according to the following conditions: a. Licensee shall first obtain an excavation permit as required by to City Ordinances and Regulations; b. Licensee shall not unnecessarily obstruct the use of streets, avenues, alleys or public places; c. Licensee shall provide the Public Works Director with twenty -four (24) hours notice prior to the actual commencement of the work, and shall comply with all City provisions, requirements and regulations in performing such work. d. Licensee shall provide three (3) day notice to the Public Works Director for any work requiring a street closure or detour prior to such closure or detour. In emergencies which require immediate excavation, Licensee may proceed with the minimum work necessary to remedy the emergency without first applying for or obtaining an excavation permit, provided, however, that Licensee shall apply for and obtain the permit as soon as possible after commencing such emergency work. Excavations shall not remain open for more than five (5) working days without prior City approval. Failure to Comply; Remedies. If the Network fails to comply with the provisions of this Section, the City may repair or restore the Public Property, at Licensee's expense, to the condition of the property prior to the disturbance by Licensee. Licensee shall pay the costs of such repair or restoration within sixty (60) days after receipt of the City's billing. 2 SECTION 6. WORK BY OTHERS, CONSTRUCTION BY ABUTTING OWNERS, ALTERATION TO CONFORM WITH PUBLIC IMPROVEMENTS The City reserves the right to lay, and permit to be laid, wires, pipes, cables, conduits, ducts, manholes and other appurtenances, and to do, or permit to be done, any underground and overhead installation of improvements that may be deemed necessary or proper by the City in, across, along, over or under any portion of the License Area occupied by the Network, and to change any curb or sidewalk or the grade of any street. In permitting others to do such work, the City shall not be liable to Licensee for any Network damage arising out of the performance of such work by other parties. Nothing in this Agreement shall be construed to relieve other persons or corporations from liability for damage to the Network. SECTION 7. LICENSEE CONTRACTORS The requirements of this License Agreement shall apply to all employees, agents, persons, firms or corporations performing work for Licensee under a contract, subcontract, time and materials arrangement or other type of work order. SECTION 8. CONDITIONS OF STREET OCCUPANCY Licensee's use of any Public Property for the purposes set forth in this Agreement shall be in conformance with the established grades of streets, alleys and sidewalks, and be so located as to cause minimum interference with the rights or reasonable convenience of property owners who adjoin Public Property. Licensee shall exercise its rights granted herein in such manner as to cause as little interference as possible with pedestrian and vehicular traffic, and shall abide by scheduling directions, if any, given by the Director of Public Works. Licensee shall, upon reasonable notice and at its sole cost and expense, remove, locate and relocate its facilities in, on, over or under the License Area in such manner as the City may, at any time, require for the purpose of facilitating the construction, reconstruction, maintenance, repair or change in grade of any public improvement on, in or about any such Public Property, for the purposes of facilitating the vacation and /or redevelopment of Public Property or public right -of -way by the City. In the event Licensee fails to act within a reasonably allocated time, the City may cause the Network facilities to be relocated, and the costs thereof shall be to the Licensee and shall be paid as provided in Section 5 hereof. Claims for delay of work from contractors employed by the City that are a result of Network's failure to act within a reasonable time shall be the responsibility of the Licensee. In the case of Public Works projects, reasonable time shall be defined six weeks after the public hearing approving the plans and specifications for said project. Licensee shall not place any Network component in the License Area where the same will interfere with the normal use or maintenance of any public improvement, including but not limited to streets, alleys sidewalks, traffic control devices, sanitary sewers, storm sewers, storm drains or water mains, electrical transmission lines or any public utility facility. Licensee shall maintain a five (5) foot minimum horizontal clearance from any public utility, including water mains, storm sewers, sanitary sewers, and storm drains. Licensee shall not place identification signs within the public right -of -way. 3 Upon request, Licensee agrees to assist in locating underground facilities which are part of its system. Such assistance will be provided in a timely manner, but not more than forty-eight (48) hours after the time of request. As a condition of this agreement Licensee shall enroll as a member of the "Iowa One -Call System" and shall respond to all requests and notifications placed to the toll -free "One -Call" number. Licensee shall restore and replace any surface vegetation removed or damaged during Licensee's exercise of its rights granted herein with sod or other such vegetation approved by the Director of Public Works and in conformance with City ordinances and the standard local practices for placing sod. SECTION 9. ABANDONED FACILITIES Thirty days prior to abandonment of any Network component, Licensee shall notify the City of its intentions. Licensee shall remove manholes, handholes, vaults, overhead facilities and equipment related hereto from the License Area as required in conjunction with other right -of- way repair, excavation or construction unless this requirement is waived by the Director of Public Works. SECTION 10. POWERS OF CITY OF IOWA CITY Nothing in this Agreement shall be construed to abridge the right or power of the City to make further regulations relative to the use of the streets, alleys and Public Property by anyone using the same for the installation and maintenance of utility systems, including, but not limited to, fees for use of Public Property. Any such further regulations shall apply to Licensee and to this Agreement. SECTION 11. PLANS AND COORDINATION Upon completion of any work performed in accordance with this Agreement, including the initial installation and subsequent modifications or relocations of Network components, Licensee shall promptly furnish to the City copies of "as- built" plans related to any Network component located on Public Property. Licensee shall keep complete and accurate maps and records of the locations and operations of its Network, including buried abandoned facilities. SECTION 12. VIOLATIONS OF AGREEMENT In the event that Licensee is in breach of this Agreement, or has violated or breached any local, state or federal law or regulation related to the rights granted herein (hereinafter referred to as "default', the City shall give written notice to Licensee of the default. Licensee shall cure such default within thirty (30) calendar days after receipt of such notice; provided, however, where any such default cannot reasonably be cured within such thirty (30) day period, the time for curing such default shall reasonably be extended for such period of time as may be necessary to promptly complete such cure with due diligence. If the City determines that Licensee's default is an immediate danger to public health, safety or welfare and requires immediate action, the City may provide written notice of said 0 determination to Licensee and immediately remedy the default by doing the act itself, or through a contractor, and charge the costs of such work to Licensee. If Licensee fails to cure a default within the time allowed, the City shall have the right to: i. seek specific performance; or ii. remedy the default by doing the act itself, or through a contractor, and charge the costs of such work to the Network; or iii. seek damages of such default; or iv. any combination of (i), (ii) and (iii). SECTION 13. LIABILITY, INDEMNIFICATION AND INSURANCE Licensee covenants to indemnify, defend and save the City and its officers, agents and employees, harmless from any and all damages arising directly from the exercise of the rights granted herein. Licensee agrees to require contractors and subcontractors engaged in work for Licensee on Public Property to maintain insurance coverage during the term of their work and to provide the City with certificates of insurance satisfactory to City. SECTION 14. SEVERABILITY In the event a court of competent jurisdiction shall adjudge any provision or provisions hereof invalid or illegal, or direct a change by Licensee in any matter or thing herein contained, such invalidity, illegality or change shall be deemed severable and shall in no way affect the remaining provisions of this Agreement or their validity or legality and this Agreement in all other respects shall continue in full force and effect as if said provision or provisions had not been so adjudged invalid or illegal, or such change had not been directed. At the City's option, and upon a court's ruling of invalidity or illegality, the City may cause this Agreement to be terminated. SECTION 15. ASSIGNMENT Neither party shall assign or otherwise transfer this Agreement or any of its rights and interest to any firm, corporation or individual, without the prior written consent of the other party. SECTION 16. TERMINATION OF AGREEMENT AND VACATION OF STREETS AND ALLEYS The City may terminate this Agreement at any time upon thirty (30) days notice provided to Licensee, if the City determines that the License Area is needed for a public purpose and should be cleared of any and all obstructions. When not in conflict with other City purposes, needs or uses, as long as Licensee exercises the rights granted to it hereunder, the City will not, by ordinance or otherwise, vacate any street, alley or Public Property in which Licensee has installed its facilities without reserving such rights as necessary to allow continued use of such property for the Network in accordance with the terms of this Agreement, provided that nothing herein shall limit the City's right to require Licensee to relocate its Network as provided in Section 8 hereof. 5 SECTION 17. DELIVERY OF NOTICES Except as may be expressly provided herein, any notices hereunder shall be in writing and shall be delivered via certified mail and addressed as follows, unless indicated otherwise in the future: If to City: Public Works Director City of Iowa City City Hall 410 E. Washington Street Iowa City, IA 52240 If to Licensee: Vice President - Engineering Iowa Network Services, Inc. 4201 Corporate Drive West Des Moines, IA 50266 -5906 Provided, however, that in case of an emergency, notices may be given verbally to the above - named persons. In such case, written confirmation should be provided. Nothing contained herein shall prevent other forms of notice if actually received by addressee. Notice shall be deemed given on date of mailing in case of certified mail, or otherwise on the date actual notice is received. SECTION 18. RECORDATION This agreement shall be recorded in the Johnson County Recorder's Office, at Licensee's expense. Dated this 5 kk day of Ape, t- , 2011. CITY OF IOWA CITY Matthew J. Hayek, Mayor Attest:��. ' A City Clerk Approved by: A, . 6, ct� U&4t�� City Attorney's Office 312-1111 0 IOWA NETWORK SERVICES, INC. By: r/ Robert J. Sh ock CITY OF IOWA CITY ACKNOWLEDGMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this -S day of Agtz i t_ , 2011, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its City Council, as contained in Resolution No. ll- za 8 and passed by the City Council, on the .S -�`L day of Apgi - i, , 2011, and that Matthew J. Hayek and Marian K. Karr acknowledged the execution said instrument to be the voluntary act and deed and the voluntary act and deed of said corporation, by it and by them voluntarily executed. is SON DRAE FORT Notary Public in and for the State of Iowa z commission Number 159791 My Commission Expires My commission expires: 3 / 7 tow 3 nm LICENSEE ACKNOWLEDGMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this � day of QrCh , 2011, before me, the undersigned, a Notary Public in and for the State of Iowa, in and for said county, personally appeared Robert J. Sherlock, to me personally known, who being by me duly sworn did say that that person is the 'vveiriqar of said corporation and that said instrument was signed on behalf of the said Corp cation A authority of its board of directors or trustees and the said 'Co►.�o. Tle{workr��c+e..s ..e . acknowledged the execution of said instrument to be the voluntary act and deed of s d corporation by it voluntarily executed. LESLIE J- WINNE L Not ublic in and for the State of Iowa .my ission Number 15eS93 • mmtssion Expires Sow A ao My commission expires: larch 3U ,x0/3/3 U: \PW\STAFF \Kim J \ROW Agreements \Temporary - Fixed \Fiber Optic \INS.doc 7 o CH RICH T �`' '••' ` �O o :IVER T a a N.. F- Elowa City Project p 2 ti r a -, •. NQ 3T �` �y FAIRC iILD 3 w O CEDAR ST 1AC003 -''. 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March„ 2011 SERVICES, INC. Matt Schultz h Plc OF /p, Secretary of State 9f S dRY �f A �" State of Iowa T Z FILED 28E Uj Agreement M504308 4/25/2011 3:53:02 PM W 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: not in Iowa Item 2. The type of Public Service included in this agreement is: 370 Other Public Works (Enter only one Service Code and Description) Code Number Service Description Item 3. The purpose of this agreement is: (please be specific) Res #11 -109, 28E agreement regarding certain obligations involving the Butler Bridge Pedstrian Trail. Item 4. The duration of this agreement is: (check one) El Agreement Expires [mm /dd /yyyy] mindefinite Duration Item 5. Does this agreement amend or renew an existing agreement? (check one) W] NO ❑ YES Filing # of the agreement: (Use the filing number of the most recent version filed for this agreement) The filing number of the agreement may be found by searching the 28E database at: www sos state is us /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 Tuttle FIRST Name Kellie Title Administrative Secretary Department Administrative Secretary Email kellie- tuttle(a-iowa -city org Phone 319 - 356 -5043 Full Legal Name Organization Type "County Party 1 City of Iowa City City Johnson Party 2 Johnson County County Johnson LParty "Fnier "ether" if not in Iowa Item 2. The type of Public Service included in this agreement is: 370 Other Public Works (Enter only one Service Code and Description) Code Number Service Description Item 3. The purpose of this agreement is: (please be specific) Res #11 -109, 28E agreement regarding certain obligations involving the Butler Bridge Pedstrian Trail. Item 4. The duration of this agreement is: (check one) El Agreement Expires [mm /dd /yyyy] mindefinite Duration Item 5. Does this agreement amend or renew an existing agreement? (check one) W] NO ❑ YES Filing # of the agreement: (Use the filing number of the most recent version filed for this agreement) The filing number of the agreement may be found by searching the 28E database at: www sos state is us /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 Tuttle FIRST Name Kellie Title Administrative Secretary Department Administrative Secretary Email kellie- tuttle(a-iowa -city org Phone 319 - 356 -5043 ���EOVE® A � IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1712 - Doc ID. 022147730008 Type: GEN 1 Kind: crdedS004 /08/2011 at 04:02:08 PM EPt�. U 7 Z011 Fee Amt: $0.00 Paae 1 of 8 Johnson Countv Iowa Kim Painter Countv Recorder Board of Supervisors BK4738 PG866 -873 Prepared by: Kim Sandberg, Public Works, 410 E. Washington St., Iowa City, IA 52240; (319) 356 -5139 RESOLUTION NO. 11-109 RESOLUTION AUTHORIZING EXECUTION OF A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY REGARDING CERTAIN OBLIGATIONS INVOLVING THE BUTLER BRIDGE PEDESTRIAN TRAIL PROJECT WHEREAS, pursuant to Chapter 28E of the Code of Iowa (2011), Iowa City and Johnson County desire to enter into an agreement outlining their respective duties and responsibilities regarding the Butler Bridge Pedestrian Trail Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor and City Clerk are hereby authorized to execute in duplicate the Chapter 28E Agreement with Iowa City and Johnson County attached hereto and incorporated by reference herein, and said agreement is hereby approved as to form and content, and found to be in the best interests of the citizens of Iowa City, Iowa. 2. The City Clerk is hereby authorized to forward the executed Resolution and Agreement for recording to the Offices of the Johnson County Recorder and for filing to the Iowa Secretary of State, with recording and filing costs to be shared by both cities. Passed and approved this 5th day of April '2011 ATTEST: ",,�-, k - -V f CITY 6LERK f - il MAYOR Approved by (.(,(A City Attorney's Office S I It was moved by Bailey and seconded by Wi 1 horn the Resolution be adopted, and upon roll call there were: AYES: X X X X X X X Pweng /res/butl erbadge28E.doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright Drafted by Andrew B. Chappell, Assistant County Attorney, P.O. Box 2450, low,-, City, Iowa 52244. 319.339.6100 and Sara Greenwood }lektoen, Assisla t City Attorney, 410 G. Washington St., Iowa City, Iowa 52241, 319.356.6030 28E Project Agreement between Johnson County, Iowa and the City of Iowa City, Iowa for Improvements to the Dubuque Street/Butler Bridge over the Iowa River WHEREAS, both the City of Iowa City ( "the City ") and Johnson County ( "the County") are public agencies as is defined by Section 28E.2 of the Code of Iowa (2011); and WHEREAS, the City and the County recognize that the road known as Dubuque Street in both the City and the County is an important link between Iowa City and north central Johnson County for vehicular, bicycle, and pedestrian traffic; and WHEREAS, the City and the County are in the process of working on local improvements to the structure with a County Identification of Butler H -33 -1 and an FHWAM II Identification of 204951 (hereinafter Dubuque Street /Butler Bridge) over the Iowa River; and WHEREAS, the City and the County wish to enter into an agreement relating to the improvements to the Dubuque Street/Butler Bridge and sharing the cost thereof. IT IS NOW AGREED that the City and the County enter into an agreement pursuant to Chapter 28E of the Code of Iowa (2011) providing for cooperative action pursuant to the proposed construction project and said cooperative actions include the following: I. PURPOSE AND PROJECT SCOPE: The purpose of this Agreement is to define specific responsibilities for construction of improvements to the Dubuque Street /Butler Bridge over the Iowa River immediately northeast of and adjacent to the City limits and in the County. Said improvements shall include both attaching a cantilevered pedestrian bridge to the existing Dubuque Street/Butler Bridge and extending the Iowa River Corridor trail system north to Quarry Road and south to the Iowa City Waterworks Park.. 2. CONSIDERATION: The mutual consideration herein is undertaking the improvements to the Dubuque Street /Butler Bridge. No separate legal entity is created by this Agreement. "Elie Johnson County Board of Supervisors shall administer the County's duties and responsibilities herein. The City Council of Iowa City shall administer the City's duties and responsibilities herein. 3. RESPONSIBILITY FOR WORK: The City shall be responsible for obtaining any necessary right -of -way and temporary construction casements for the project. The City shall have sole and exclusive responsibility for the construction work, which will be let through the City of Iowa City. This responsibility generally shall include, but not necessarily be limited to, design, preparation of plans, specifications, bidding, construction administration, construction inspection, construction layout, project management, utility relocation, and acceptance of improvements. All necessary design work shall be prepared by such engineer(s) or consultant(s) as the City may determine. The County shall be responsible for general project inspection oversight as the Count), would commonly provide for public improvements made by a contractor on roads that are a part of the County's jurisdiction and to designate a staff engineer who will be available to visit the project site as needed to address construction issues as they arise for the County's portion of the project. 4. TIMING OF WORK: The City shall use all good faith efforts to complete construction on the entire project prior to October 31, 2011. 5. FINANCING: The City and County agree to share the costs of this project as set out below, with the County reimbursing the City for its portion thereof. The parties acknowledge their responsibility for the actual costs of the items set forth in this paragraph and the Engineer's Construction Estimate, attached hereto as Exhibit A, and that the amounts listed herein are only estimates of those costs set out for planning purposes. a) For that portion of the project including the cantilevered pedestrian bridge and trail extensions, the City shall be responsible for 100% of the construction cost, estimated at $928,635. b) For that portion of the project including bridge approach and joint maintenance, the County shall be responsible for 100% of the cost, estimated at $78,402. Construction of the project shall be let through the Iowa Department of Transportation, in coordination with the City of Iowa City. The construction work shall be bid in a manner so as to allow the County and City to separately itemize and allocate the costs of construction work between themselves. If bids are not made in such a manner, or if either party in its sole discretion finds said costs to be unacceptable based on comparison to engineers' estimates, said party may reject the bids and opt out of this Agreement with no liability. Nothing in this Agreement shall be construed to limit either party from obtaining and using state or federal grant monies for its share of the costs allocated above. 6. TIMING OF PAYMENTS BY THE COUNTY: The County shall submit payments to the City consistent with its responsibilities set out above as progress vouchers are sub►nitted to the County by the City Engineer in charge of construction and project management. The City Engineer will submit project vouchers to the County no more frequently than bi- weekly and no less frequently than bi- monthly, as work on the project progresses. The County will submit its payments within 30 days of receiving each respective project voucher from the City Engineer. 7. EFFECTIVE DATE: This Agreement shall be effective when approved and signed by tile Johnson County Board of Supervisors and the City Council of Iowa Cite, and filed with the Secretary of State as provided in Chapter 28E.8 of the Code of Iowa (2011). 8. DURATION: With the exception of paragraphs 9 through 12, below, this Agreement shall continue in force until either party opts out pursuant to the terms of paragraph 5 above, either party opts out after required public hearings, or the final acceptance of work is made by the County Engineer and the City Engineer and final payment has been made to the City by the County as set forth above. Paragraphs 9 through 12 shall survive termination of the remainder of' this Agreement and shall be perpetual in nature. 9. REPRESENTATIONS REGARDING PEDESTRIAN BRIDGE: The City represents to the County that the proposed pedestrian bridge, as designed: (1) shall be constructed in accordance with a generally recognized engineering or safety standard, criteria or design theory currently in existence; and (2) will not negatively impact the structural integrity, bridge loads, or useful life of the existing Dubuque Street /Butler Bridge. Said representations are based upon information received by the City from its consultant, Professional Engineer Robert A. Bang, of Shoemaker and Haaland, as set out in the approved design plans and the letter from Bang to Assistant City Engineer Brian Boelk, attached hereto as Exhibit B. 10. DAMAGE TO EXISTING STRUCTURE: The City shall be solely responsible for the cost of repairing any damage to the existing Dubuque Street/Butler Bridge caused by the work performed consistent with this Agreement, including but not limited to any damage caused by the pedestrian bridge being attached to the Dubuque Street /Butler Bridge that appears or is discovered after the final acceptance of work. 11. PERMISSION TO ATTACH PEDESTRIAN BRIDGE TO EXISTING STRUCTURE: Based upon the representations made by the City in paragraphs 9 and 10, above, the County hereby grants its permission to the City to attach the pedestrian bridge to the existing Dubuque Street/Butler Bridge. The pedestrian bridge shall be attached to the existing structure as described in the engineering and design plans drafted by Shoemaker and I-laaland, signed by Professional Engineer Robert A. Bang, and previously reviewed and approved by the County Engineer. 12. MAINTENANCE OF IMPROVEMENTS: The City shall be responsible for all future maintenance to the cantilevered pedestrian bridge, including but not limited to snow and ice removal, if any. To the extent the pedestrian bridge can be inspected as part of the regular inspections of the existing Dubuque Street/Butler Bridge, the County agrees to have it inspected as part thereof and to provide a copy of the inspection report to the City. To the extent tine pedestrian bridge requires an independent inspection, the City shall be responsible therefor and shall provide a copy of the inspection report to the County Engineer, 13. INTERPRETATION AND ENFORCEMENT: Interpretation and enforcement of the Agreement shall be in accordance with Chapter 28E of the Code of Iowa (2011) and statutes respecting the rights and responsibilities of the political subdivisions. 14. DISPUTE RESOLUTION: Matters in dispute or subject to interpretation shall be first submitted to the parties for resolution prior to either party pursuing administrative or judicial remedies. In the event such matters must be submitted to the parties, they shall be submitted specifically to the City Manager of the City of Iowa City, as representative for the City, and to the Johnson County Engineer, as representative for the County, who will both make a good faith effort to resolve the dispute. JOHNSON COUNTY This Agreement was approved §,r official action of the Joluison County Board of Supervisors in official session on the 7 day of , 2011. CITY OF IOWA CITY Patrick Harney, Chairperson Johnson County Board of Supervisors This Agreement was approved by official action of the City Council of Iowa City in official session on the SF� day of 2011. 1111, I 511iiillii� ATTEST: G7/ City C] rk 4 Matthew J. Hayek, Ma or City of Iowa City gn E-H H H X 4 Cost Estimate Dubuque Street Over the Iowa River PCC Sldewalk/Trall STP- V- 371S(6S1)- -70.52 March 2011 item No Item Code Item Unit Ohvislon 1 Quantity Divislon 2 Quantity Total Quantlry Unit Cost DIvl5lbn 1 Cost Division 2 Cost Total Cost 112101-0850001 CLEAR +GRUSB ACRE 0.80 0.8 $5,000.00 $4,000.00 $4,00 .00 2121C2-0425071 SPECIAL OACKFILL CY 75 75 $30.00 $2,250.00 S2,250.00 3 2102- 2710D70 EXCAVATION CL 30 RDWY +BORROW CY 2650 2550 10.00 $26,500.00 S26 5CC.00 412104-2710020 EXCAVATION CL 10 CHANNEL CY 23 23 8.00 184.00 1184.00 5 2105 - 8425005 TOPSOIL FURN +SPREAD CY 215 215 25.00 $5 ,375.00 SS 375.D0 6 2105- 8425075 TOPSOIL STRIP SALVAGE +SPREAD CY 590 590 59.00 $S,310,00 SS 310.00 7 2113 - 0001100 SUBGRADE STA51L MAIL POLYMER GRID SY 225 225 $5.00 $1,125.00 'I .12S.00 8 2115 - 0100000 MODIFIED SUBBASE CY 192 192 $40.00 $7,68OjOU S7,680.00 912123- 7450020 SHLD FINISH EARTH STA 19 19 .00 4 750.00 $4 ,750.00 1012213-6745500 RMVL OF CURB STA 0.24 0.24 $.00 480.00 $480.00 1112301-0690190 BRIDGE APPROACH RK -19 N 350 350 .00 $47,250.00 447 250.00 1212301- 1033090 STD S -F PCC PAVT CL C CL 3 9- SY 124 124 $.00 $6,200.00 S6,200.00 1312301- 6911722 PCC PAVT SAMPLE LS 1 1 .00 $1,S00.00 S1,500.01) 14 2304.0100000 DETOUR PAVT BY 65 65 .00 $3,57S.00 $3,575.00 15 2401- 6745635 RMVL OF EXIST HANDRAIL LS 1 1 .00 $4,000.00 S4, 000.00 16 2402 - 0425030 GRANULAR BACKFILL CY 50 50 .00 1�71... $2,250.00 52 250.00 17 2402 - 2720000 6tUVATION CL 20 CY 39 39 .00 $1,560.00 Sl 560.00 1812403-0100010 STRUCT CON[ BRIDGE CY 133 133 .00 $79,800.00 $79,800.00 19 2404-7775005 REINFORC STEEL EPDXY COATED L8 34264 34264 1.00 $34,264.00 $34,264.00 20 2405 - 2705000 EXCAVATE +DEWATER LS 1 1 0.00 $5,000.00 S5,000.00 21 2408 - 7800000 STRUCTURAL STEEL L8 158498 158498 $2.50 $396,245.00 396 245.00 22 2413 - 1200100 NEOPRENE GLAND INSTALLATION + TESTING LF 126 126 5.00 S9,450.00 $9,450.00 23 24146445100 STRUCTURAL STEEL PEDESTRIAN HAND RAIL LF 492 492 5.00 $86,100.00 $86,100.00 24 2414-6460000 ORNAMENTAL METAL RAIL LF 464 464 5.00 $34.800.00 $34, 800.00 25 2431 - 0000100 SEGMENTAL BLOCK RETA IN WALL SF 220 220 525.00 55 500.00 45 SOD.00 26 2435- 0251218 INTAKE SW -S12 18" EACH 1 1 $2,500.00 $2,500.00 $2,500.01) 27 2501- 0201D42 PILE STEEL HP 1OX42 210 210 535.00 $7,350.00 $7,350.00 28 2502- 8212036 SUBDRAIN LONGITUDINAL SHLD 6" 733 733 13.00 $9,529.00 $9,529.00 29 2502 - 8212406 SUBORAIN STD NON - PERFORATED 6" 92 92 S2D.00 41 840.00 1 840. 00 30 2502 - 8220196 SUBDRAIN OUTLET RF -19E 2 2 1250.00 $500.00 4500.00 31 2502 - 8221006 SUBDRAIN RISER 6- ILF 6 6 SI50.00 S9DO.00 5900.00 32 2507- 3250005 ENGINEER FABRIC 34 34 $4.00 4136.00 $136.00 33 2507- 6800061 REVETMENT CLASS E 36 36 135.00 51 260.00 41 260.00 34 2510- 6745850 RMVL OF PAVT 236 350 586 25.00 45 900.00 135 2511 - 0300000 RMVL OF RECREATIONAL TRAIL 309 309 $8.00 S2,472,00 S2,472. 0 3612521-0302600 RECREATIONAL TRAIL PCC G" SY 931 931 $30.00 $27,930.00 $27,930.00 3712511-0310100 SPECIAL COMPACTION OF SUBGRAD REC TRAIL STA 18.5 8.5 520100 S1,700.00 $1,700.00 3812511-7523100 DETECTABLE WARNING -CURB RAMP SF 56 56 $30.00 41 680.00 1 b80.OD 3912512-1725256 CURB +GUTTER PCC 2.5' LF 24 24 30.00 4720.00 5720.00 40 2524-6765010 RMV+REINSTALL SIGN EACH 8 8 $150.00 S1,200.00 1 200 -00 41 2524. 9275222 WOOD POST -TYPE VS SIGN 4 "X6" LF 20 20 15.00 S3DOX0 S3GO.00 42 2524 - 9325001 TYPE A SIGN SHEET ALUM SF 6.75 6.75 $30.00 202.50 4202.50 43 2526 - 8285000 CONSTRUCTION SURVEY LS 7 1 1 $3, 500.00 S3,500.00 E3,500.00 4412527-9263109 PAINTED PAVT MARK WATERSORN SOLVENT STA 17,72 19.68 27.4 $150.00 $2,658.00 1 S1.452.01) $4,110.00 45 2527- 9263130 REMOVABLE TAPE MARK STA 1021 102 $100.00 S10.200.00 $10,20ma 4612527-9263180 PAVT MARK RMVD STA 31 23 31.23 150.00 $1,561.50 1, SS1.50 47J2528-8400048 TEMP BARRIER RAIL CONC LF 1875 1875 $15.00 $28 125.00 $28,125.00 48 2528 - 8445110 TRAfFIC CONTROL LS 0.92 0.08 1 S35,000.01) $32 200.00 $2,800.00 $35,000.00 4912528-8445113 FLOGGER EACH 4 4 $295.00 41 180.00 $1,180.00 50,2533- 4980005 I MOBILIZATION LS 0.95 0.05 1 550 000.00 $47,500.00 42 SOO.OD $50,000.00 SL2599- 9999009 IREMOVE AND REINSTALL GUARD RAIL LF 47 47 565.00 $3,055-00 $3,05S.00 4100 MULCH ACRE 0.27 0.27 12 CO0.00 540.00 5540.00 6015 NATIVE GRASS SEEDING ACRE 0.41 0.41 1 300.00 738.00 4738.00 36044 SEED FERTILIZE URBAN ACRE 0.27 0.27 < 000.00 SI 080.00 : O50.00 3401 =2602�ODZC6C TURF REINFORCEMENT MAT S 175 :79 5:0.00 412 530.00 $12 530.00 DG2D SILT FENCE LF 1800 15DC 52.00 $3 600.00 S3 600.00 DC06C =.MVI OF SILT FENCE LF ilsoc :500 S0.5C SSOO.00 $900.00 5E '60,- COOrCgr CLEAN -DUI OF SILT FENCE LF 1800 :8001 SC.SC S9OC.00 1 5900.00 Total 5928,635.00 $78,402.00 $1,007,037.00 EXHIBIT B N-1 % Brian i3oclk City of Iowa ('it), tintsi tit! ering Department 4 10 Bast Washington Street Iowa ('ity, lowa 52240 Re: Dutm(lue Street over the town River I'.C;.C. Sidewalk /Trail Dear 3iMi% Boelk: Relative to our recent conversations and cmails, I ant writing this litter to conlirm [hat Me new IwIlmi fan bridge being added to the Dubuque Stetet 11hridge over the Iowa River will maintain the structural integrity the existing Facility, lit Certain areas, such as load distribution at the abutments, pedestri<u7 safiay, and potential conflicts between vehicles and the barrier rail the proposed design will allow For improvenwrtts, Below are some bullet points to discuss some or we interaction between the existing and added structure. i . New pedem in bridge will Otterthce wills existing bridge at piers, abutments, and hnixier rail. 2. "t'he pedestrian bridge Not teatskning-applies compressive loud to the piers resnitiug, in increased load carrying capacity or the caps. 3. The pedestrian bridge abutments have NCO own support piles. When new abutment is attached to the existing structure, this helps to distribute the much heavier vehicle loads over it larger areas. V Loads in the pier and io oting are below design limits, S. 'FIC exi -sting barrier rail located ors the toll of jersey barrier will he replaced with system ()tit of' roadway and reducing thm likelihood ordaluage front road motorized vehicles. 6. Ti to pedestr ian bridge will he 11 Ion sted on existing piers abirve high water elevation, so no hvdraulic impacts are. anticipated. 7. Having a dedicated palesbian way will decrease, iI'not el ill) inatc, conflicts between pedestrians and WINS, S. ,\Il materials use(i on this pr« act xvill he required to meet Iowa Departnlem o1`TmnsgwtatWn and/or federal highway at #m ill i.stration requirements. 160 Hc8:1ay Load 3343 soud,gate ct. W4 Ste. 109 1021 t t v) S(rc( Co!'Ardle, 5124 I cc,'o -ar loi+,a 52,1N Ktrofv4 l"m") 5,1632 Phrase: 314351.7ISO MmuAIMM>k3 88 PfR)!l£f:314` 'll.ZOt1_ N'3 r. 13ri,in IIoelh iA darch 2;?, ? {1l I Awe 9. hhe hridgc midition components will het isij)1- with the smut; e <pomtent used Ar currant Nxi S in';pccaion" Should yott have ndditiotnal (lucstions conccruin��, this lm jccl, pleasc do not hesitate tip contac us, Sincmvol SHOEMAKE,& HAM,AN) PKOFESSMAI, HNGINEERS flt7bert A. F3,ut};, P.L. � , RAMA) H m i t M Prepared by: Karen Jennings, Personnel, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5026 RESOLUTION NO. 11 -110 RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY TO BE EFFECTIVE JULY 1, 2011 THROUGH JUNE 30, 2012. WHEREAS, the City of Iowa City, Iowa (hereinafter the City), and the Police Labor Relations Organization of Iowa City (hereinafter the Union), through their designated bargaining representatives, have negotiated a collective bargaining agreement to be effective July 1, 2011, through June 30, 2012, a copy of which Agreement is attached to this resolution and by this reference made a part hereof, and WHEREAS, the City desires to approve the Agreement, finding that it will promote efficient municipal operations, thereby providing residents of the community with municipal services. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The above - referenced Agreement between the City and the Union is hereby approved by the City. 2. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Agreement. Passed and approved this 5th day of April 20 11 ATTEST �{� " �. CITY LERK It was moved by Baile, and upon roll call there were: AYES: X —x v X —x /humanrel /res /police contract - 12.doc MAYO/ Ap biy- City �i I Atto ey's III and seconded by Dickens the Resolution be adopted, NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright CONTRACT BETWEEN CITY OF IOWA CITY .-N, THE POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY JULY 1, 2011 TO JUNE 30, 2012 TABLE OF CONTENTS ARTICLE PAGE Preamble.................................................................................................. ............................... 1 ArticleI -- Recognition .............................................................................. ............................... 2 ArticleII -- Management Rights ............................................................... ............................... 2 ArticleIII -- Check Off ............................................................................... ............................... 2 Article IV -- Union Business Agents ......................................................... ............................... 3 ArticleV -- Union Meetings ...................................................................... ............................... 3 ArticleVI -- Bulletin Boards ................................................:..................... ............................... 3 ArticleVII -- Seniority ................................................................................ ............................... 4 Article Vlll -- Daily and Weekly Hours of Work ........................................ ............................... 4 ArticleIX -- Overtime- Standby ................................................................. ............................... 6 ArticleX -- Holidays .................................................................................. ............................... 7 ArticleXI -- Vacations ............................................................................... ............................... 8 ArticleXI I -- Sick Leave ............................................................................ ............................... 8 ArticleXI II -- Special Leaves .................................................................... ............................... 9 ArticleXIV -- Lay- Offs ............................................................................... ............................... 11 ArticleXV -- Training ................................................................................ ............................... 12 Article XVI — Personnel Transactions - Rules ......................................... ............................... 12 ArticleXVII -- Watch Transfers ................................................................. ............................... 13 ArticleXXIII -- Insurance .......................................................................... ............................... 13 ArticleXIX -- Equipment ........................................................................... ...................:........... 13 Article XX --Weapons and Special Equipment ....................................... ............................... 14 Article XXI -- Adequate Facilities .............................................................. ............................... 14 ArticleXXII -- Uniforms ............................................................................ ............................... 15 Article XXIII -- Duty Outside the City ........................................................ ............................... 15 Article XXIV -- Supplemental Employment .............................................. ............................... 15 Article XXV -- Position Classification ....................................................... ............................... 16 Article XXVI -- Grievance Procedure ....................................................... ............................... 16 ArticleXXVII -- Effective Period ............................................................... ............................... 19 ArticleXXVIII -- Compensation ................................................................ ............................... 19 Article XXIX -- Public Emergency ............................................................ ............................... 20 Article XXX -- General Conditions ............................................................ ............................... 20 PREAMBLE THIS AGREEMENT is executed by the CITY OF IOWA CITY, IOWA, called "City," and the POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY called "Union." The City and the Union agree that the provisions of this Agreement shall apply to all officers covered by the Agreement without discrimination. That parties specifically agree to the following Articles: 2 ARTICLE I RECOGNITION Section 1. The City recognizes the Union as the exclusive bargaining agent for all employees within the classification set forth in Section 2 of this Article. Section 2. The bargaining unit covered by this Agreement shall include all Iowa City police officers and does not include the Police Chief, Captains, Lieutenants, Sergeants, and any other individuals who are or may become confidential, administrative, supervisory, or less than half -time employees or those excluded by Chapter 20, Code of Iowa. Section 3. The City and the Union will negotiate only through authorized representatives and there will be no private agreements between officers and supervisors contrary to the terms in this Agreement. Section 4. The City agrees that it will not sponsor or promote, financially or otherwise, any other group or labor organization, for the purpose of undermining the Union; nor will it interfere with, restrain, coerce, or discriminate against any of its employees in connection with their membership in the Union. ARTICLE II MANAGEMENT RIGHTS Section 1. Except as limited by the provisions of this Agreement, nothing herein shall be construed to restrict, limit, or impair the rights, powers, and the authority of the City under the laws of the State of Iowa and the City's ordinance. These rights, powers and authority include, but are not limited to, the following: a. To direct the work of its employees. b. To hire, promote, demote, transfer, assign and retain officers within the Iowa City Police Department. C. To suspend or discharge officers for proper cause. d. To maintain the efficiency of governmental operations. e. To relieve officers from duties because of lack of work or for other legitimate reasons. f. To determine and implement methods, means, assignments in personnel by which its operations are to be conducted and to develop and enforce rules of work and safety standards. g. To take such actions as may be necessary to carry out its mission. h. To initiate, prepare, certify and administer its budget. I. To exercise all powers and duties granted to it by law. ARTICLE Ill CHECK OFF Section 1. The City agrees to deduct Union membership fees and dues in a specific dollar amount once each month from the pay of those employees who individually authorize in writing that such deductions be made. Authorizations delivered to the City ten (10) days prior to the first day of a month shall become effective on the first day of the succeeding month. Any change in check off shall be authorized by the individual. 3 Section 2. Check off moneys will be deducted from the first pay check of each month, and shall be remitted, together with an itemized statement, to the Union Treasurer within the ten (10) days after the deductions have been made. Section 3. The City will not deduct dues beginning the first of the month after which the officer is no longer a part of the bargaining unit. An officer may voluntarily cancel or revoke authorization for check off upon ten (10) days written notice to the City. The City shall promptly forward a copy of such notice to the Union. Section 4. he City will not be liable for damages arising by virtue of mistakes in connection with funds collected under the provisions of this Article. ARTICLE IV UNION BUSINESS AGENTS Section 1. The Union shall have the right to designate agents, not to exceed two (2) persons at any one time, who shall have access to City facilities during regular working hours for the purpose of investigating and administering matters relating to this Agreement. Section 2. The Union shall notify, in writing, the City Manager and Chief of Police after making such designation which notification shall contain the name of the party or parties thus designated, and the purpose of such investigation. Any such investigation or administration shall be conducted so as not to interfere with routine City business, and any such agent shall comply with City safety and security regulations. ARTICLE V UNION MEETINGS Section 1. Officers may use City facilities when available for the purpose of holding scheduled Union meetings. Section 2. With the permission of the Chief of Police, officers on duty may be permitted to attend any Union meeting. ARTICLE VI BULLETIN BOARDS Section 1. The City shall provide a bulletin board to be located in the Police Department to enable the Union and officers to post notices. A posted notice shall not contain any political endorsement or any libelous material and no political notice shall be posted urging support of any specific cause or candidate. Section 2. Without the express permission of the Chief of Police, no posting will be permitted in any place in the Police Department other than on the bulletin board. 4 ARTICLE Vll SENIORITY Section 1. Seniority shall mean the status, priority, or precedence obtained as a result of continuous length of service as an Iowa City police officer. Seniority shall commence on the date of employment as an Iowa City police officer and shall become applicable immediately following completion of the probationary period. Section 2. The City in cooperation with the Union shall maintain and keep posted on the bulletin board referred to in Article VI, a list of officers who have attained seniority and shall keep said list current. The list shall be prepared with the senior officer's name appearing at the top of the classification. Section 3. An officer shall lose seniority rights upon: a. Resignation. b. Discharge for just cause. C. Absence from work for a period of three (3) consecutive scheduled working days without notifying the City or without good excuse. d. Giving a false reason for leave of absence. e. Failing to report for work within fifteen (15) days after notice from the City (by United States Certified Mail with Return Receipt Requested to last known address) notifying him /her to report for work following lay -off. Section 4. Seniority shall accrue during all special leaves, disabilities, sickness, vacation or other periods of time unless there is a specific provision to the contrary in this Agreement. In the event that more than one individual has the same seniority date the order of seniority will be determined by lot. Section 5. Except as otherwise specifically provided herein, seniority shall be the controlling factor to be considered in making determinations for vacations, leave schedule, lay off, and recall. However, the City's affirmative action commitment will prevail for lay off and recall where required by Federal or State law. Section 6. Officers with five (5) or more years of seniority shall be entitled to hash marks on their uniform sleeves, with one hash mark representing five (5) years of service. ARTICLE Vlll DA/LYAND WEEKLYHOURS OF WORK Section 1. Work Week a. The work week for officers who are not working a continuous watch shall usually consist of five (5) consecutive eight (8) hour days commencing on a day agreed upon by the officer and his /her supervisor. The work week may be changed to meet changing departmental needs, with the agreement of the affected employee. b. The work week for all other officers shall commence on a date to be arranged between the Union and the City and thereafter shall continue on the following schedule: (1) Six (6) consecutive eight (8) hour days followed by two (2) consecutive days off for four (4) consecutive periods; and thereafter 5 (2) Six (6) consecutive eight (8) hour days followed by three (3) consecutive days off; and thereafter (3) Five (5) consecutive eight (8) hour days followed by three (3) consecutive days off; and thereafter (4) A repetition of the above schedule. (5) The daily schedule outlined above may be amended by increasing the number of hours per day and /or reducing the number of work days per week upon agreement of the union and the police chief. C. Days off shall be defined as beginning with the end of the last regularly scheduled working day and ending at the start of the next regularly scheduled working day as set forth in the schedule in Section 1. For example: (1)For an officer assigned to the 7 a.m. to 3 p.m. watch, days off shall commence at 3:00 p.m. on the last regularly scheduled working day and end at 7:00 a.m. on the next regularly scheduled working day. (2)For the 3 p.m. to 11 p.m, watch, days off commence at 11 p.m. on the last regularly scheduled working day and end at 3 p.m. on the next scheduled working day. (3)For the 11 p.m. to 7 a.m. watch, days off commence at 7 a.m. on the last regularly scheduled working day and end at 11 p.m. on the next scheduled working day. Section 2. Work Day. A work day shall consist of eight (8) consecutive hours with the officer reporting fifteen (15) minutes prior to the commencement thereof and staying, if requested to do so, fifteen (15) minutes after such work period. Section 3. Rest Periods. To the greatest extent possible, each officer shall be granted two (2) fifteen (15) minute rest periods during each work day. The first rest period to occur between the second and third hour, and the second rest period to occur between the fifth and sixth hour. The rest periods set forth herein may be varied upon mutual agreement of the officer and his /her supervisor. Section 4. Lunch Period. To the greatest extent possible, each officer shall be granted a lunch period of not less than thirty (30) minutes during each work day between the third and sixth hour thereof unless otherwise mutually agreed between the officer and his /her supervisor. Section 5. Notification. To the greatest extent possible, an officer shall be notified twenty -four (24) hours in advance if he /she is required to work on a day off. Section 6. Straight Time Pay. Straight time pay (sometimes herein referred to as regular pay or regular wage) shall mean the base hourly rate paid for the regular working day and working week. In implementing negotiated across - the -board salary increases, the base hourly rate shall be multiplied by any negotiated percentage increase, rounded in accordance with mathematical standards, to obtain the new base hourly rate. Base hourly rate multiplied by two thousand eighty (2080) equals annual salary. A ARTICLE /X OVERTIME - STANDBY Section 1. Overtime. With the exception of Section 8 of this Article, overtime is work performed by an officer in-excess of an assigned duty day, forty (40) hours a week, or minimal call -in time as hereinafter defined. All overtime work shall be the subject of a written instrument specifying the overtime thereof and each officer shall receive a copy of any such instrument after the same has been approved or disapproved by the City. Authorization by the watch commander is required for overtime work. Section 2. Overtime will be compensated at the rate of one and one -half (1'/2) times the base hourly rate of the officer. Overtime may not be obtained from two sources for the same time. Section 3. An officer who has left work and is recalled with less than twenty -four (24) hours prior notice shall receive credit for a minimum of two (2) hours of overtime. Section 4. Overtime Equalization. a. Scheduled overtime shall be assigned to officers considering seniority, the type of work required, the ability of the individual officer and his /her desire to perform the overtime service. Occasions involving unexpected /non - scheduled overtime, the on -duty supervisor is only required to consider on -duty available personnel, but is required to offer the overtime according to seniority, type of work required, the ability of the individual officer and his /her desire to perform the overtime service. Such overtime assignments shall be subject to limitation as to the number of hours based on the Chiefs determination, taking into consideration the safe and efficient operation of the police department. b. The parties agree that the above overtime equalization provisions or any other provisions of this contract shall not be construed to mean that overtime is voluntary. Employees requested to work overtime are required to do so. Section 5. Overtime Rest Period. If an officer is required to work two (2) or more hours immediately following and beyond his /her normal work day, he /she shall receive either: a. A rest period of at least one -half ('/2) hour immediately following his /her normal work day, or b. One additional one -half ('/2) hour of paid compensation at the overtime rate as the officer and his /her supervisor may determine. Section 6. Stand -by Time. The parties realize that it may be necessary or desirable for the City to require officers to be available on.a stand -by status where they may be called to duty upon short notice. The City shall advise such officer at the earliest possible date of any such required stand -by service, and the officer shall receive one hour of compensation at straight time for each eight (8) hours of stand -by time. Section 7. Accumulated Overtime. Overtime accumulation for time off shall not exceed fifty (50) hours in any one fiscal year, and any excess in accumulation over fifty (50) hours shall be paid. Any overtime accumulated at the end of the fiscal year shall be paid. However, accumulated overtime may be carried over from one fiscal year to the next, to be used as time off only, and must be used by September 1. rA Section 8. Court Time. The - greater of two (2) hours or actual time spent will be credited to an officer when, in obedience to a subpoena or direction by proper authority, appears for the federal government, the State of Iowa, or a political subdivision, or in a private litigation when not a party to the litigation and when such appearances arise from the performance of his /her duties, obligations, or activities as a police officer. Overtime earned as defined in this section will be compensated at the appropriate overtime rate. ARTICLE X HOLIDAYS Section 1. The following days shall be paid holidays for officers: New Year's Day (January 1); Martin Luther King, Jr. Day (third Monday in January); Washington's Birthday (third Monday in February); Memorial Day (last Monday in May); Independence Day (July 4); Labor Day (first Monday in September); Veteran's Day (November 11); Thanksgiving Day (fourth Thursday in November); the Friday after Thanksgiving; Christmas Day (December 25); and one personal leave day. Section 2. In addition, there shall be granted to officers who do not work a continuous watch the day before or after Christmas, or the day before or after New Year's Day as an additional holiday. The City Manager may direct that officers observe a particular day for this holiday but if the Manager fails to make such designation by December 15 of the calendar year in question, the officer may select a particular day between December 17 and January 6 subject to the approval of his /her supervisor. Such officers will be allowed to take the day preceding or following a holiday as designated by the City Manager if the holiday falls on the officer's day off. Section 3. Police officers on a continuous watch shall receive ninety -six (96) hours of holiday credit on July 1 annually. Any continuous watch officer who begins work after July 1 of any year will receive credit for the remaining holiday dates until the following July 1. If an officer separates after July 1 of any year, those holiday dates which have been credited but which have not as yet occurred will be deducted for the purpose of considering separation pay. e.g., Officer A receives credit for ninety -six (96) hours of holiday time on July 1. The officer terminates on November 1 and HAS NOT USED ANY holiday hours. He /she would be paid sixteen (16) hours of holiday pay (Independence Day and Labor Day). e.g., Officer B receives ninety -six (96) hours of holiday credit on July 1. Officer B terminates November 1 and HAS USED forty (40) holiday hours. Only two (2) holidays (Independence Day and Labor Day) have occurred prior to termination, therefore twenty -four (24) hours (40 used less 16 occurring) would be deducted from the last week's wages. If an officer works a full watch on a holiday, four (4) hours of additional holiday credit will be given during the pay period in which the holiday occurs. If an officer works more or less than a full watch on a holiday, the premium pay will be prorated to the nearest whole hour based on time worked. Section 4. For the purpose of this Article, the holiday begins at 11:00 p.m. on the day preceding the holiday date and continues for a period of twenty -four (24) hours thereafter. The watch starting time controls holiday designation. For continuous watch officers, a holiday shall be observed on the day it occurs. For non - continuous watch officers, a holiday which occurs on Sunday will be observed on the following Monday. One which falls on Saturday will be observed the preceding Friday. W ARTICLE XI VACATIONS Section 1. Vacations shall be earned and accumulated by pay period according to the following schedule: Length of Service Days Earned Per Month 0 -5 years 1 5 years and one day -10 years 1.25 10 years and one day -15 years 1.5 15 years and one day -20 years 1.75 20 years plus 2 The maximum annual carryover from one year to another shall be two hundred twenty -four (224) hours. The maximum number of hours eligible for payment upon separation shall be one hundred ninety -two (192) hours. Section 2. The process for granting vacation time shall be as follows: Vacation leave may be requested beginning in December for the following calendar year. Vacation leave will be approved by the officer's supervisor on or before February 1 of each year. Officers will be granted vacation leave, in increments of one day or more, in order of seniority. After February 1, vacation leave requests will be approved in the order they are received. In the event that two requests are received at the same time, seniority shall prevail. ARTICLE Xll SICK LEAVE Section 1. Accumulation. Officers shall be granted one (1) day of sick leave for each month, and shall have the right to accumulate unused sick leave up to a maximum of 1440 hours (180 days). Sick leave shall not be granted for an officer having a leave without pay. Any officer granted a paid leave shall continue to earn sick leave. Upon termination of employment other than for cause, the City shall pay for all accumulated sick leave on the basis of one -half ('/2) of the officer's then current hourly base salary, provided, however the dollar amount of the payment may be up to but shall not exceed the amount that an officer would have been due if he /she had terminated on June 28, 1985. Officers hired on or after June 29, 1985, are not eligible for payment under the provisions of this paragraph. Section 2. Use of Sick Leave. a. After completion of the initial probationary period, a day of accumulated sick leave shall be used for each day an officer is sick and off work during a work week, or if less than a day, on an hour -to -hour basis. A doctor's statement regarding the nature of the illness and recovery therefrom may be required. A supervisor may request an individual examination, if it is deemed in the best interest of the city and the employee. Said examination shall be at the City's expense and the City will have the right to designate the doctor. Reasonable notification by the supervisor of the need for a doctor's statement will be given in order to allow time to comply. b. In addition to sickness of an officer, sick leave may be used for: (1) Duty connected disability. N (2) Serious illness or hospital confinement of a spouse, domestic partner as recognized by City policy, or child, or critical illness of the officer's mother, father, mother -in -law, father -in -law, including mother or father of a domestic partner, brother, sister, or grandparents, pregnancy related illness or recovery of an officer's spouse, as well as any other relatives or members of the immediate household of the officer up to a maximum of forty (40) hours per occurrence. (3) Health maintenance needs, e.g., doctor or dentist appointments. The officer will make every attempt to schedule such appointments in off -duty hours. Section 3. Notification. An officer shall notify his /her supervisor or a supervisor on duty on the watch immediately preceding his /hers, as soon as reasonably possible, of any sickness or illness which will cause him /her to miss work and unless such notification is given within one (1) hour after the beginning of the work day, the absence will not be charged to sick leave, but may be charged to other accumulated leaves or to leave without pay. Employees who become sick on duty shall notify the watch supervisor before leaving duty. Section 4. In the event an officer is injured or disabled on the job requiring time from work, no deductions shall be made from the officer's accumulated sick leave unless such officer requires more than two (2) working days in which to recuperate and return to work. ARTICLE Xlll SPECIAL LEAVES Section 1. On- the -Job Iniurx. Upon application the City may, in addition to any other leave, grant a leave of absence with pay in the event of an injury or illness of an officer while on duty provided the following conditions exist: a. That the injury or illness is determined compensable by the Iowa City Temporary Disability Review Board (the Board) and b. The medical advisor of the Board determines that time off from work is required. If the above provisions are applicable, leave with pay will be granted during the remaining time on the watch when the.injury occurs and for a period of two (2) days thereafter if authorized by the Board. If the injured or disabled officer requires more than two (2) days in which to recuperate and return to work, any additional absence will be charged to sick leave or if sick leave is exhausted, to leave of absence with pay until a temporary disability pension is granted by the Board after which determination the sick leave and any other leaves used for such purpose shall be restored. In the case of apparent on-the-job injury, the Police Chief, with approval from the City Manager, may waive conditions a. and b. above and approve a leave of absence with pay prior to a determination of compensability by the Board. However, in the event that the injury or illness in question is subsequently determined to be non - compensable by the Board, the officer shall reimburse the City for the leave advanced, using current accrued leave, then future accrued leave, then final pay. Section 2. Funerals. An officer will be granted up to three (3) days per occurrence with no loss of compensation nor loss of accrual from sick, annual, nor compensatory time to attend the funeral of his /her spouse, domestic partner as recognized by City policy, children, mother, father, grandparents, stepparents, sister, or brother. 10 An officer will be granted one (1) day per occurrence with no loss of compensation nor loss of accrual from sick, annual, or compensatory time to attend the funeral of his /her mother -in -law, father -in -law, grandparents -in -law, aunt or uncle, brother -in -law, sister -in -law, permanent member of the immediate household, or for a military funeral in which such officer participates in the ceremony. In such cases, he /she may be granted up to two (2) additional days for travel, if necessary, as determined by his /he supervisor. In -law relationships referred to herein shall include such relationships through a domestic partner as recognized by City policy. If additional time is needed, an officer shall be permitted to use up to three (3) days per occurrence of his /her accumulated sick leave with the approval of his /her supervisor. Section 3. Leave of Absence Without Pay. A leave of absence without pay is a predetermined amount of time off from work, which has been recommended by the Chief of Police and approved by the City Manager. Generally, such leave shall not exceed twelve (12) months. Upon termination of any such leave of absence, the officer shall return to work in the same step or capacity as when he /she left and will receive compensation on the same basis as if he /she had continued to work at his /her regular position without leave, provided that during such period, no officer shall earn sick, vacation, or other leave. In the event an officer fails to return to work at the end of any such leave, he /she shall be deemed to have voluntarily resigned or, if applicable, voluntarily retired on the last day of work prior to such leave. During a leave of absence without pay, the officer: a. Cannot pay retirement contributions if the leave exceeds one (1) month in duration. b. Shall not receive any other job benefits during the period of absence. C. Must use all accumulated vacation and compensatory leaves to which he /she is entitled prior to the time that the leave without pay commences. d. Shall not accrue seniority during leaves exceeding thirty (30) days. e. Must pay prorated health, dental and life insurance premiums falling due during any month the employee is not on the payroll, if coverage is desired, as follows: For any calendar month during which the employee is on unpaid leave not exceeding ten working days and insurance coverage is desired, the City will pay the cost of the insurance premiums for Medical, Dental and Life insurance. 2. For any calendar month during which the employee is on unpaid leave in excess of ten working days and insurance coverage is desired, the employee must pay 1/12 of the insurance premium for each working day beyond ten working days that the employee is on unpaid leave of absence. The remainder of the premium will be paid for by the City. 3. The employee may choose which insurance coverages, if any, are to be retained during the unpaid leave of absence. 4. Payment for insurance coverages desired by the employee may be deducted from current or future pay due to the employee. Failure to return from an unpaid leave where insurance coverage was desired will result in the City billing the individual for costs which would otherwise have been deducted from the employee's pay. 11 The Chief of Police may make exceptions to the above conditions (a. through d.) for leaves not exceeding ten (10) working days. Section 4. Jury Duty. Any officer summoned for jury duty shall receive regular standard time pay during any period of jury service and shall earn and be entitled to all benefits as if on duty without charge against sick or vacation. leave. The City shall receive the pay earned from such jury service but the officer shall receive allowance for mileage and expenses unless furnished by the City. An officer who is summoned for jury duty but is not selected to serve on the jury and is discharged with an hour or more remaining on his /her watch shall return to work. Time spent on jury service by officers whose daily duty hours are other than when court is in session may be credited against the officer's daily duty hours to the extent determined by the Police Chief. Section 5. Witness Fees. An officer shall be granted leave with pay when required to be absent from work for the purpose of testifying in court or appearing in response to any legal summons which falls under the provisions of Article IX, Section 8, of this agreement, and the City shall receive the witness fees except the witness fees paid to an officer for off duty (unpaid) periods which belong to said officer. Section 6. Military Leave. Officers belonging to or called by any branch of the Armed Forces of the United States shall, when ordered to active service, be entitled to a leave of absence for such period of time that the member serves in such capacity and until discharged therefrom. The City shall comply with applicable law in regard to military leave. Officers subject to the foregoing shall, upon re- instatement to City employment, retain their original employment date for the purpose of determining seniority and eligibility for salary advancement just as though such time spent in service of the United States had been spent in regular employment with the City. Section 7. Voting Time. An officer shall be permitted to vote during the work day in any national, state, or local election if it is not reasonably possible to vote during off hours, and no charge shall be made for time spent for such purpose. Section 8. Pregnancy Leave. A pregnant officer shall be entitled to a leave of absence without pay if she is physically incapacitated as a result of pregnancy or related cause at the exhaustion of other accumulated leaves. All officers requiring such leave shall notify the Chief of Police or designee prior to the anticipated date of birth and shall substantiate their condition by a doctor's statement. Officers may work during pregnancy if health permits. Those granted leave under this Section shall present a doctor's statement as to pregnancy and recovery therefrom and within fourteen (14) days following birth, miscarriage, or abortion, the officer shall advise the City of the date by which the officer will return to work. Unless the officer returns to work by such date, or any other date by reason of extension granted by the City, the officer will be considered to have voluntarily resigned or retired. ARTICLE X/V LAY -OFFS Section 1. Lay -offs shall mean the situation in which the City is forced to relieve officers from duty because of lack of funds or pursuant to Chapter 400, Section 28, of the current Code of Iowa. Section 2. Officers separated because of lay -off will be given formal written notice at least two (2) weeks in advance of the separation date or two (2) weeks of regular base pay in lieu of such notice. 12 ARTICLE XV TRAINING Section 1. To the greatest extent possible, an officer shall receive or have the opportunity to attend training programs, and for such purpose each officer shall be treated in a fair manner. Section 2. The City may require attendance of an officer at any location for the purpose of training on the basis of a normal duty day assignment. The City will, in addition to paying the cost of the program, pay for meals, lodging, the expense of transportation, tuition, and the necessary books and supplies. Section 3. No officer will be required to participate in any training program while on vacation or sick leave and cannot be required to participate in any such program on a day off unless the City pays said officer one hundred fifty percent (150 %) of his /her hourly base pay. However, the police chief may assign an alternate day off in lieu of overtime pay for training with the consent of the affected officer. This section shall not be applicable to officers in probationary status. Section 4. In the event an officer is not performing his /her duties satisfactorily, the City may require such officer to complete a special training course as recommended by the City in an effort to assist said officer to achieve satisfactory performance of his /her duties. Any such requirement shall be at the expense of the City upon approval by the Chief of Police. Section 5. Upon approval of the Chief of Police, an officer shall be entitled to attend a non - required training program. Time spent in training shall not be charged against an officer's overtime, days off, sick or vacation leave, provided said program is job related as determined by the Chief of Police. Section 6. This Article shall not be applicable to training programs attended by an officer on a voluntary basis when not on duty. Section 7. The City shall post and maintain on the bulletin board referred to in Article VI a schedule of City approved training programs, including the details thereof such as starting date, duration, location, etc. An officer may attend any such offered course or program at his /her own expense with the approval of the Chief of Police which shall not be unreasonably withheld. ARTICLE XVl PERSONNEL TRANSACTIONS -RULES Section 1. An officer -will be given copies of all documents placed in his /her personnel file within ten (10) days of the time any such document is placed therein. No document will be considered for the purpose of evaluation, promotion or discipline of an officer unless such document has been placed in the personnel file. Section 2. The City will promulgate departmental rules and regulations and provide each officer with a copy thereof. Upon promulgation of said rules and regulations, all prior rules, regulations, directives, and, general orders, except as specifically noted in writing, will be cancelled. Section 3. Minor infractions shall be removed from an officer's file within a period of one (1) year after the filing of the documentation and action taken, and thereafter shall not be considered for any purpose whatever. 13 ARTICLE XV/I WATCH TRANSFERS Section 1. In the event that an officer having seniority desires to transfer to a different watch, he /she shall make application to the Chief of Police. The Chief of Police will not unreasonably withhold permission to transfer after considering the ability and experience of the officer, the nature and type of work to be performed on the watch, and the need for personnel having certain qualifications on said watch. No officer shall be permitted more than one (1) transfer during any one (1) calendar year. In the event an application for transfer is filed because of an emergency, the Chief of Police will give special consideration to the facts and circumstances related thereto. Subject to the foregoing, officers may trade watches provided that the Chief of Police approves any such transfer. Section 2. No officer who is transferred shall lose any days off, sick or vacation leave by virtue of such transfer unless mutually agreed by the officer and the City. Section 3. The employer agrees to provide to each affected officer written reasons for and reasonable notice of involuntary watch transfers with due regard for seniority. To the greatest extent possible, such notice shall precede the effective date of transfer by fourteen (14) days. ARTICLE "111 INSURANCE Section 1. The City shall maintain for each officer and eligible dependents the medical insurance policy now in existence or its equivalent in coverage. Employees who elect to obtain coverage will pay a portion of the monthly premium (prorated for part -time employees) toward the cost of such coverage, as follows: forty dollars ($40.00) per month for single coverage and sixty dollars ($60.00) per month for family coverage in FY 2012. The parties agree to actively pursue incentives and /or alternatives to the existing health care plan and pledge their mutual cooperation to achieve this end. However, no such programs will be implemented except upon mutual agreement by the City and the Union. Section 2. The City shall provide, at no cost to the officer, single coverage dental insurance for each officer. Section 3. The City shall provide, at no cost to the officer, a policy insuring the life of said officer in an amount equal to his /her annual salary. Any fraction of $1,000 in annual salary shall be rounded off to the next higher thousand. ARTICLE X/X EQUIPMENT Section 1. Officers shall not be required to operate motor vehicles if the operation thereof is hazardous or unsafe to the officer or the public. The City will comply with all of the safety requirements of the City, state, and federal laws. Section 2. Any officer operating a motor vehicle shall, at some period during or immediately following the work day, report any defect noticed by him /her in said vehicle to the watch commander. 14 Section 3. All other equipment furnished by the City shall be maintained by the City in good working condition and in accordance with all applicable safety standards. Section 4. The City will furnish required motor vehicles and other required equipment. Section 5. An officer who is required to operate a motorcycle or to perform walking patrol in inclement weather will be provided with adequate protective clothing as reasonably determined by the Chief. Section 6. To the greatest extent possible, officers shall properly use the equipment furnished by the City. Section 7. Equipment issued by the City shall be returned to the City at such time as the . employment of an officer is terminated. Nonexpendable items not returned will be paid for by the officer. Section 8. The City shall provide appropriate regulation equipment in accordance with applicable safety regulations. Section 9. Each officer on duty, regardless of assignment or proximity to other officers, shall be provided with a proper functioning portable two -way radio capable of transmitting and receiving on radio frequencies assigned to the Iowa City Police Department. In addition, officers assigned to walking, traffic control, or any other assignment which creates difficulty in hearing radio transmissions shall be provided with a remote speaker /microphone attachment to the portable radio unit enabling the officer to hear radio transmissions without removing the portable radio from its belt carrier. ARTICLE XX WEAPONS AND SPECIAL EQUIPMENT Section 1. Service ammunition for regulation weapons shall be provided by the City. Section 2. The City shall provide at least fifty (50) rounds of target ammunition monthly for each officer required to carry a weapon to enable the officer to maintain efficiency with the weapon. The Chief of Police shall prescribe the use to be made of such ammunition. Section 3. The City will furnish a bullet -proof vest for each officer and will replace them as necessary. ARTICLE XXI ADEQUATE FACILITIES Section 1. The City shall provide adequate locker and other facilities separately for male and female officers. 15 ARTICLE XX/I UNIFORMS Section 1. The City shall provide each officer with uniforms used in the performance of the duties of police officers (original issue - new equipment). a. One (1) winter and one (1) summer regulation hat. b. Three (3) regulation ties. C. Six (6) winter and six (6) summer permanent press regulation shirts. d. Four (4) pairs of regulation trousers. e. One (1) winter and one (1) summer regulation jacket. f. One (1) raincoat, reversible, consisting of a black side and a reverse side of a reflective International Orange. g. Two (2) regulation hat covers. h. Two (2) pairs of regulation winter gloves. i. One (1) regulation pants belt. Section 2. Plain clothes officers shall receive a clothing allowance of seven hundred ($700.00) per year of assignment. Employees shall receive for cleaning of uniforms or plain clothes officer's clothing and /or shoes and /or boots related to employment the amount of one hundred and seventy five ($175.00). Permanent employees shall receive the $175 cleaning and /or shoe /boot allowance on the first paycheck in July. Plain clothes officers shall receive one -half of the annual clothing allowance ($350.00) on the first paycheck in July and one -half ($350.00) of the annual clothing allowance on the first paycheck in January. Section 3. The expenses of standard tailoring for proper fit upon issue shall be paid for by the City. Section 4. Replacement: a. Clothing damaged in the line of duty shall be ordered within seven (7) days of receipt of the report of loss or damage. b. All uniforms shall be replaced by the City as needed upon the determination of the Chief of Police. In order to receive replacements, the items to be replaced must be surrendered to the designated supervisor. This clothing shall be ordered within seven (7) days of receipt by the designated supervisor. ARTICLE XXlll DUTY OUTSIDE THE CITY Section 1. In the event the City directs any officer to perform duties outside the corporate limits of the City of Iowa City, such officer shall receive every benefit, right, and privilege to which he /she would have been entitled had said duties been performed within the corporate limits of Iowa City, Iowa. In addition, an officer shall be entitled to such benefits, rights, and privileges if engaged in "hot pursuit" of an offender outside the corporate limits of Iowa City, Iowa. ARTICLE XX/V SUPPLEMENTAL EMPLOYMENT 16 Section 1. Officers shall be permitted to augment their income by other employment provided that said other employment does not conflict with the duty hours of the officer or with the satisfactory or impartial performance of duties as a police officer for the City of Iowa City. Section 2. The officer agrees to notify the City in advance of the name, address, and telephone number of any employer, and if the supplemental employment is related to or along the lines of police work, to notify the City of the work schedule, compensation, and specific duties in addition to the above information. ARTICLE XXV POSITION CLASSIFICATION Section 1. For salary purposes, there shall be no distinction between patrol officers, detectives, juvenile officers, or other positions not having civil service certification. Section 2. In the event that any officer is designated in a higher job classification on a temporary basis for more than one complete duty day, said officer shall receive his /her own pay plus an additional sixty cents ($.60) per hour during such temporary assignment. ARTICLE XXVI GRIEVANCE PROCEDURE Section 1. Definition - General Rules a. The word "grievance" wherever used in this Agreement shall mean any difference between the City and the Union or any officer with regard to the interpretation, application, or violation of any of the terms and provisions of this Agreement. b. An officer will not be required to be represented by a Union steward at any grievance hearing. A steward shall have the right to be present for the purpose of ascertaining whether or not the issue involved has any application to the Union generally or to other officers who have not filed a grievance. The Union shall have the right to designate four (4) stewards and four (4) alternate stewards for the purpose of representing officers in the investigation and presentation of grievances. The Union shall give written notice to the City Manager and Chief of Police the names and address of stewards and alternate stewards for the purpose of representing officers. Not more than a total of ten (10) hours per month paid time may be used by the stewards in the resolution of employee grievances. No more than one steward shall represent a grievant at any one grievance hearing. Grievance procedures occurring on duty time will be scheduled so as not to interfere with assigned police work. Permission to process grievances will not be unreasonably denied. An officer shall use this grievance procedure, except where otherwise provided by law, for the resolution and determination of disputes which arise under the terms and conditions of this Agreement. If an officer proceeds beyond Step 3 of Section 2 of this Article XXVI in connection with any grievance, such action shall constitute an election by said officer to proceed under the terms of this Agreement and shall be a waiver of any other remedy available except as specifically provided by law. d. The grievance procedure shall be available to any officer who is not awarded an 17 increase in salary advancement to which the officer would be entitled by virtue of time in grade. e. Unless a grievance is appealed as hereinafter provided, it shall have no further validity or effect. If a response to a grievance is not received within the time limitation hereinafter provided the grievant may proceed to the next step in the grievance procedure except the time limitation referred to in this Article may be extended by agreement of the parties. Unless otherwise specifically agreed by the Union and the City, each grievance will be separately heard and determined. g. Steps of the grievance procedure may be waived by mutual consent of the parties. h. The word "day" as used in this Article shall mean working day and shall exclude Saturdays, Sundays, and holidays. Section 2. Procedure. A grievance that may arise shall be processed and settled in the following manner: Step 1. The grievance shall be presented orally for discussion between the officer involved, the steward, and the appropriate City supervisor within five (5) working days after knowledge of the event giving rise to the grievance. The supervisor shall either adjust the grievance or deliver his /her answer to the aggrieved officer and steward within five (5) working days after such Step 1 conference. In the event no response is received from the supervisor within said five (5) day period, the grievance shall be processed pursuant to Step 2. b. Step 2. If such grievance is not resolved by Step 1, the aggrieved officer or his /her steward shall, within five (5) working days following completion of Step 1, present three (3) written copies of such grievance signed by the aggrieved person, one of which shall be filed with the Union, and two (2) copies with the Chief of Police, or his /her designated representative who shall, within a period of five (5) working days investigate and document the grievance and issue a decision in writing thereon. The grievance shall contain a statement from the officer specifying the name of the Grievant and of the Steward (if applicable), the substance of the grievance and the specific provision(s) of this agreement allegedly violated by the employer, and what relief or remedy is desired, but such statement shall not bar any rights of the officer or limit the remedy to which he /she is entitled. The Union shall be furnished with a copy of such decision at the time it is issued. C. Step 3. A grievance not adjusted by the Chief at Step 2 may be submitted by the grievant or Union to an advisory grievance committee for resolution. The Committee shall consist of not more than five (5) nor less than two (2) representatives of the City and the Union. The Union will convene the Grievance Committee within five (5) days of receiving the Chiefs Step 2 response. The City Manager will accept or reject the committee's written recommendation within five (5) days after it is received. d. Step 4. A grievance not adjusted at Step 3 may be submitted by the grievant or the Union to the City Manager or his /her designee within five (5) working days of the completion of Step 3 or within fifteen (15) days of receipt of the Chiefs Step 2 response if no meeting is scheduled. The City Manager will investigate and respond to the grievant within ten (10) working days and meet personally with the grievant and steward if such a meeting is requested in writing. 0 e. Arbitration. A grievance not adjusted at Step 4 may be submitted to a neutral third party for binding arbitration. A request for arbitration must be submitted in writing and signed by the grievant within fifteen (15) working days following receipt of the City Manager's Step 4 response. Copies of any such request will be furnished to the City and to the Union. Except as otherwise provided, the cost of arbitration shall be divided equally between the parties. Each party shall bear the cost of preparing and presenting its own case and either party desiring a record of the proceedings shall pay for the record and make a copy available without charge to the arbitrator. The cost of a certified court reporter, if requested by the arbitrator, shall be divided between the parties. If an officer insists upon arbitration against the advice and consent of the Union, said member shall be responsible for that portion of the costs which would otherwise be paid by the Union. The arbitration proceeding shall be conducted by an arbitrator to be selected by the City and the grievant within seven (7) working days (excluding Saturday and Sunday) after notice has been given. If the parties fail to select an arbitrator, a request shall be made to the Federal Mediation and Conciliation Service to provide a panel of five (5) prospective arbitrators who are members of the National Academy of Arbitrators (NAA). Both the City and the grievant shall have the right to strike two names from the panel. The party requesting arbitration shall strike the first name; the other party shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. The decision of the arbitrator shall be issued within thirty (30) days after conclusion of the hearing and shall be final and binding upon the parties. The arbitrator shall have the power to interpret, apply, and enforce this written Contract but shall have no power to add to, subtract from, or modify the terms thereof. The rules of evidence and the nature of conduct required during the arbitration hearing shall be in accordance with all state and federal legislation, rules and regulations applicable. Arbitration hearings shall be open to the public unless the parties otherwise mutually agree. Section 3. Administrative Conferences. a. The conference group shall consist of no more than ten (10) people, five (5) of whom shall be appointed by the City and five (5) of whom shall be appointed by the Union. At least two (2) representatives from each party will attend any meeting. The purpose of the conference shall be to provide a forum for the discussion of issues of interest to both parties. No conference resolution or recommendation will be contrary to the terms of this agreement. The City will release from duty not more than two (2) officers for not more than two (2) hours for time spent in conference. C. A conference shall be held no more than once every sixty (60) days unless the parties mutually agree otherwise. These meetings shall be held in City facilities, if available. d. All health and safety matters and equipment shall be a proper topic for consideration at administrative conference. A representative of the Union and the City shall exchange agendas for items for consideration at least three (3) days in advance. 19 ARTICLE XXVII EFFECTIVE PERIOD Section 1. This Agreement shall be effective July 1, 2011, and shall continue through June 30, 2012. Thereafter, this Agreement shall continue from year to year unless written notice to change or modify it is served by either parry prior to September 15 of the year preceding the expiration date of this Agreement or any extension thereof. ARTICLE XXVIII COMPENSATION Section 1. The effective date of compensation and benefits adjustments applicable to any fiscal year will be the first day of the pay period which begins between the dates of June 24 and July 7 inclusive. Section 2. Commencing the effective date of the compensation period as defined in Section 1 of this Article, the City shall increase the pay of all officers by one and thirty-five hundredths percent (1.35 %) at the beginning of fiscal year 2011 -2012 (effective June 26, 2011). Effective December 25, 2011 a dollar amount equal to a wage increase for all officers of one and one -half percent (1.5 %) will be used to modify Article XXVIII, Section 2 by adding "Step 6. One Hundred Twenty months from date of appointment." That total dollar amount will be divided by the number of officers eligible for "Step 6" as of November 1, 2010. The quotient shall be added to the Step 5 annual pay plan to create the Step 6 annual pay plan. (A copy of the Police Pay Plan is attached as "Attachment A" to this agreement.) Officers will receive step increases in pay according to the following schedule: Step 1. Upon appointment. Step 2. Twelve months from date of appointment. Step 3. Eighteen months from date of appointment. Step 4. Thirty-six months from date of appointment. Step 5. Fifty -four months from date of appointment. Step 6. One Hundred Twenty months from date of appointment* *Effective December 25, 2011 Section 3. Lonaevity Pay. Permanent employees who have completed the required number of years of continuous service with the City by December 1 shall receive longevity pay on the last paycheck in November in accordance with this schedule: YEARS COMPLETED ON DECEMBER 1 AMOUNT 5 years $475.00 10 years $800.00 15 years $950.00 20 years $1100.00 25 years $1350.00 This payment will be pro -rated on the terminate before December 1 in any fiscal year will reimburse the City on the same pro- ration. 20 basis of monthly segments for members who Any employee who terminates after December 1 Section 4. Watch Differential. Officers working the 3 to 11 watch on a regular basis will receive thirty (30) cents per hour on top of their normal wage for all hours worked from 3 p.m. to 11 p.m. Officers working the 11 to 7 watch on a regular basis will receive forty-five (45) cents per hour on top of the normal wage for hours worked from 11 p.m. to 7 a.m. Officers working overtime will continue to receive watch differential at the same rate as their normal duty hours. Section 5. Special Duty Pay. Officers who are assigned to and performing K -9 duty on a regular basis shall be paid for one -half hour per day as kennel time at the applicable overtime rate. Officers designated as Field Training Officers (FTO) when assigned to actively performing the duties of FTO, shall receive, in addition to any other compensation to which they are entitled, 10% of their hourly pay for each hour of FTO duty. ARTICLE XX /X PUBLIC EMERGENCY Section 1. The provisions of this Agreement may be suspended by the City Council during the period of a declared public emergency. ARTICLE XXX GENERAL CONDITIONS Section. 1. This Agreement shall be construed under the laws of the State of Iowa. Section 2. Whenever the context of this Agreement permits, the masculine gender includes the feminine or masculine, the singular number includes the plural, and reference to any party includes its agents, officials, and employees. Section 3. Non - discrimination. Both parties affirm that the provisions of this Agreement shall be applicable to all officers regardless of race, color, creed, disability, gender identity, marital status, national origin, religion, sex, age or sexual orientation. Section 4. Waiver. This Agreement supersedes and cancels all previous agreements between the City and the Union and constitutes the entire agreement between the parties. Section 5. Anticipated Changes. The City shall give the Union as much advance notice as possible of any major change of working conditions. Section 6. Pre -Tax. Employees covered by this agreement shall be allowed to participate in the Section 125 Pre -Tax Advantage Program as established by the City. At a minimum, said program will allow for pre -tax payment of health insurance co- payments to the extent allowed by Federal and State law. Section 7. Parking. No fewer than ten (10) parking places in the Chauncey Swan Parking Garage will be held in the names of police bargaining unit members, provided that fees are paid according to City procedures for the ten places. Bargaining unit members shall pay parking fees for permits in the amount equal to that charged to other City employees who park in the Chauncey 21 Swan Parking Garage. The City will assume no increase in responsibility in administering the use of parking permits as a result of this Contract and any dispute over the use of the ten permits must be handled by the Union representative. Police department members may individually hold parking permits in accordance with City procedures. Section 8. The City shall make an electronic version of the collective bargaining agreement available to all bargaining unit members in lieu of distributing paper copies. CITY OF IOWA CITY BY: � ol� MAYOR Date: April 5, 2011 mgr /asstAunions /police /M VpolicecontractM 1 final.doc POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY BY: P IDENT BY: Date: AWL IS Z-00 Attachment A POLICE OFFICER PAY PLAN (40 -01) Fiscal Year 2012 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 6/26/11 $ 20.11 $ 20.59 $ 24.75 $ 27.10 $ 29.15 $ 1,608.80 $ 1,647.20 $ 1,980.00 $ 2,168.00 $ 2,332.00 $ 41,828.80 $ 42,827.20 $ 51,480.00 $ 56,368.00 $ 60,632.00 12/25/11 $ 20.11 $ 20.59 $ 24.75 $ 27.10 $ 29.15 $ 30.10 $ 1,608.80 $ 1,647.20 $ 1,980.00 $ 2,168.00 $ 2,332.00 $ 2,408.00 $ 41,828.80 $ 42,827.20 $ 51,480.00 $ 56,368.00 $ 60,632.00 $ 62,608.00 SIDE LETTER OF AGREEMENT BETWEEN CITY OF IOWA CITY AND. POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY PLRO -IC MARCH 27, 1984 The parties agree that -it is their intent that the following additions to the health insurance coverage• provisions take effect from April- 1, 1984, until modified by mutual agreement of the parties: a. Mandatory Outpatient Surgery Procedures designated by the Iowa Foundation and suitable to be performed on an outpatient basis must be performed on an outpatient basis to-be fully covered by the health insurance. Extenuating circumstances which would make in- patient surgery medically necessary will be reviewed. by Blue Cross /Blue Shield if requested by- the physician. Designated surgeries which are not performed on an outpatient basis, and without prior approval by .Blue Cross /Blue - Shield, will be paid only at a rate of 50% of charges. b.- Maternity Length of Stay Incentive Following admission into the hospital for childbirth, if length of stay for the mother-for childbirth is two days or less, as certified by the hospital bill, presented to the Human Relations Department, the employee will receive a check for $100 (minus necessary withholding). c. Overcharge Incentive Employees will receive 25% of the correction of an overcharge on overpayment when the overcharge /overpayment is initiated and successfully resolved-by the employee. (Withholding must be made on all payments to employees.) Maximum payment to employees is $500 (pre - withholding). Documentation of the em- ployee- initiated corrections should be submitted to the Human Relations Department when the correction is accomplished. Gross' overcharges resulting from computer error or - similar problems will not be eligible for payment (e.g. received -100 worth of services, billed -for $100,000). d. Outpatient Treatment of Substance Abuse This option would make available, but not mandatory, payment for outpatient treatment of substance abuse. - Employees wishing' to utilize insurance coverage for purposes of substance abuse treatment must submit to evaluation by a substance abuse treatment agency selected by the City prior to treat- ment. Y OWA CITY A By ' By: CITY MANAG Date: �de' Date: POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY Is CITY OF IOWA CITY CIVIC CENfH2 410 E. WASHINGTON Si. IOWA CfIY, IOWA 52240 (319) 356 -500 April- 18, 1985 Mr. Michael Goldberg, President Police Labor Relations Organization of Iowa City Iowa City Police Department 410 E. Washington Street Iowa City, Iowa 52240 Dear Mr. Goldberg: Attached please find copies of brochures describing coverage under the "Iowa 500" Two Day Deductible health insurance plan and coverage under Vie Delta Dental Plan II dental insurance plan. These are. the insurance plans which were agreed to by the City. and PLRO -IC for our FY86 -87 Collective Bargaining Agreement, and referred to in Article XVIII, Section 1 and Section 2 of that agreement.- It is understood and agreed that benefit coverages are based on usual, customary, and reasonable rates. Di-sputes regarding specific claims shall be addressed to the insurance company and not subject to the grievance procedure of the Collective Bargaining Agreement. Sincerely, - Dal a E. He ling Assistant City Manager bj3 /9 Michael E. Goldber President, PLRO -IC 22 IOWA 500 IOWA 500 HEALTH CARE COVERAGE IOWA 500 coverage combines basic Blue Cross hospital, Blue Shield physician and Major Medical coverages into a single program using deductibles and co- payments. And after the deductible and co- payment have been satisfied, the dollar coverage and number of hospital days are unlimited except for Nervous and Mental admissions. In short, the Subscriber shares in the costs of the medically necessary hospital, medical and surgical services provided. However, the Subscriber's share never exceeds $800 per year for covered services, regardless of the number of family members. IOWA 500 plan benefits encourage medical self - maintenance practices by paying for 90% of the covered Usual, Customary and Reasonable charges for: • One routine annual physical examination in a doctor's office. or clinic • Home and office calls needed to diagnose or treat a medical condition • Immunizations required by a Subscriber or any person in a Subscriber's family The idea behind IOWA 500 coverage? To encourage continuing medical self- maintenance and help reduce the length and number of unnecessary hospital stays. These efforts, of course, can help keep health care costs — and rates — in line. THE IOWA 500 Plan Covers These Extensive Services: HOSPITAL CARE 90/10 Inpatient • Semi - private room and board • Necessary services and supplies • Operating rooms, intensive care, coronary and burn care units • Delivery room for normal delivery, Caesarean section, miscarriage or admission for false labor • Necessary laboratory and x -ray services Outpatient • Surgery • Diagnostic, x -ray and laboratory services • Accident care HOME HEALTH CARE 90/10 • Services provided by a Registered Nurse • Services prescribed by a physician 23 PHYSICIAN SERVICES 90/10 • Home and office visits • One routine annual physical exam Pre -natal and post -natal care in physician's office • Immunizations Hospital visits and nursing facility visits NERVOUS AND MENTAL 90/10 Outpatient - 90/10 to $10,000 Lifetime Maximum. SKILLED NURSING FACILITY 90/10 • Unlimited Room and Board Services and Supplies THE IOWA 500 PLAN COVERS THESE OTHER SERVICES: These other services are subject to a $350 contract deductible per calendar year Prescriptions • Anesthetics • Blood plasma • Casts • Crutches • Durable medical equipment • Other supplies when ordered by a physician Nursing Services • Private -duty nursing services Ambulance • Air • Ground DEDUCTIBLES AND CO- PAYMENT • Hospital — The Subscriber is responsible for the first two days of semi - private room and board. Per Hospital Admission. • Physician — The Subscriber pays 10% of the physician's Usual, Customary and Reasonable charges including office calls. IOWA 500 coverage pays the remaining 90 %. • Other Supplies /Services — The Subscriber pays the first $350 per contract per calendar year for the medical supplies and services. These may include prescription drugs, services of a Registered Nurse, ambulance services, home health care and braces. When the Subscriber's expenditures for hospital, physician, and /or other services reach $800 per year, IOWA 500 pays 100% of all remaining charges. If the Subscriber's expenditures for hospital, physician, and /or other services do not reach $800, the Subscriber pays 10% of all remaining charges up to a total maximum expenditure of $800. (Outpatient treatment for nervous and mental conditions is paid 90/10 co- payment until the $10,000 Lifetime Maximum is met. Copayment for outpatient Nervous and Mental does not apply to the out -of- pocket maximum.) 24 CARRYOVER OF DEDUCTIBLE Expenses for covered services incurred during the months of October, November and December and which are used to satisfy that year's deductible can be used toward satisfying the next calendar year's deductible. Hospital Physician Other Services Services Covered Services 1 or 2 day deductible 90 %/10% 90 %/10% until out of pocket maximum Out of Pocket Maximum: $800 (eff. 111/12) IOWA 500 PAYS 100% of Covered Services Wpdata/ mgr /asstlunions/police/FY12/police contract FY12.doc $350 deductible (eff. 1/1/12) Summary of Benefits DELTA DENTAL COVERAGE Delta Dental Plan of Iowa coverage not only provides a variety of benefits but also encourages timely and effective. dental maintenance. More than ON9 of the dentists in Iowa participate in the Delta Dental program. Delta Dental payment is based on Usual. Customary and Reasonable allowances, subject to deductible and copayment provi- sions of the program. Your Delta Dental program includes a "medical necessity" provision which ensures coverage for dental services provided within generally accepted dental practices. dike Blue Cross and Blue Shield of Iowa, the Delta Dental Plan receives claims directly -from participating dentists. And we pay them directly for. you. That eliminates claims- handling chores.for you end your employees — and saves valuable time and money. To provide a program to meet your-company's needs, Delta Dental Plan benefits are available with deductibles, copayments and maxi- mum payment allowances for covered services. These benefits are combined to meet your needs:. Praventive Maintenance benefit includes: • Routine checkups at six -month intervals including bitewing x -rays -at 12 -month intervals. • Teeth cleaning once every six months. . . • Topical fluoride applications as prescribed but no more than once every six months. • Full -mouth x -rays once in any three -year interval unless special need is demonstrated. Routine Restorative benefit provides ongoing care including: . • Regular cavity fillings. • Oral surgery (including pre- and postoperative care). • Emergency treatment for relief of pain. Major Restorative benefit covers: e High -cost fillings. • Cast restorations. • Root canal fillings. • Non - surgical treatment for gum diseases. Delta Dental Plan oflorra Deft& Dental Plan of Iowa RATE QUOTATION PLAN II Program Benefrts 0 Preventive Maintenance © Routine Restorative © Major Restorative ❑ Dental Prosthetics ❑ Periodontics ❑ Orthodontics ❑Dependents to age ❑ Full -time students ❑ Adults Deductible Single/Family (Annual) S $ _ 25/75 S " Program Maximums Single $ 500 per year Family $ 500 per member, per year Lifetime benefit maximum on Orthodontics $ Program Rates* Single $ per month Copsyment 50 % 50 ado o� o� e� Family $ _ per month These rates guaranteed for -12 months beginning on 7 -1 -85 (date) if purchased by 7 -1 -85 (date) *Rates quoted here are based upon census information provided and acquiring and maintaining a min 'murn enrollment of BT,0 of total eligible employees for the duration of the contract. Authorized Rep n tive Date This is a general des iption of coverage. it is not a statement of contract. Actual coverage is subieclt to the terms and conditions specified in the contract itself and enrollment regulations in force when the contract becomes effective. Delta Dental Plan M -0111 W" 2M of Iowa SETTLEMENT AGREEMENT WHEREAS, a dispute has arisen concerning the proper interpretation of certain provisions of the Collective Bargaining Agreement between the City of Iowa City and the Police Labor Relations Organization, and WHEREAS, the parties wish to resolve the dispute amicably and without the expense of formal arbitration procedures, The parties hereby enter into the following settlement agreement: 1. An officer who is assigned to the day watch and who is required to appear in court on a day scheduled as a whole day of paid leave (vacation, holiday or comp time) shall be compensated according to the provisions of Article IX, Section 8 of the CBA if actual time worked is two hours or less. If actual time worked exceeds two hours, he /she shall be compensated at the straight time rate for actual time worked, and the officer's leave usage for that day will be reduced by the actual time worked. 2. This agreement shall apply to the grievance filed by Joel Myers and shall be similarly adjusted for Ralph Cox and shall. otherwise apply prospectively only.to situations arising after the date of this agreement. 3. The pending grievance of Myers is withdrawn. Dated this day of �� k s , 1993. City of Iowa City; Iowa By: mgr\assticourt.agt Police Labor Relations Organization By: ►A Letter of Agreement Regarding Work Schedule Change Police Labor Relations Organization And City of Iowa City March 9, 2011 The parties hereby agree that the alternative schedule for continuous watch officers, effective on January 10, 2010 on a trial basis, is mutually agreeable to both parties. Therefore, the waiver of the provisions of Article VIII, Section 1 b. of the Collective Bargaining Agreement and adoption of the alternative work schedule will remain in effect and the new schedule shall become permanent. The alternative work schedule for officers assigned to a continuous watch is described as follows: b. The work week for all other officers shall commence on a date to be arranged between the Union and the City and thereafter shall continue on the following schedule: (1) Four (4) consecutive days consisting of three (3) eight hour days followed by a ten and one quarter (10 %) hour day on the fourth day (or other day in the rotation as agreed upon by the Union and the Chief) followed by two (2) days off. (2) A repetition of the above schedule. (3) The daily schedule outlined above may be amended by increasing the number of hours per day and /or reducing the number of work days per week upon agreement of the Union and the Police Chief. The parties acknowledge that discussion of specific language describing the alternative schedule for adoption as part of the CBA may occur in conjunction with negotiations for a future CBA. For the • •• Date: IZ-6711 1 For the City of Iowa City: April 5, 2011 The City Council of the City of Iowa City, State of Iowa, met in regular session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 7: 00 o'clock p M., on the above date. There were present Mayor Hayek , in the chair, and the following named Council Members: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright Absent: None -1- .s` I`t Council Member Champion introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $7,640,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2011, OF THE CITY OF IOWA CITY, STATE OF IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF ", and moved that the same be adopted. Council Member Wright seconded the motion to adopt. The roll was called and the vote was, AYES: Dickens, Hayek Mims,Wilburn,Wright, Bailey, Chmpion NAYS: Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 11 -111 RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $7,640,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2011, OF THE CITY OF IOWA CITY, STATE OF IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Iowa City, State of Iowa, should provide for the authorization of a Loan Agreement and the issuance of General Obligation Capital Loan Notes, Series 2011, to the amount of not to exceed $7,640,000, as authorized by Sections 384.24, 384.24A and 384.25, Code of Iowa, as amended, for the purpose of providing funds to pay costs of carrying out an essential corporate purpose project as hereinafter described; and WHEREAS, the Loan Agreement and Notes shall be payable from the Debt Service Fund; and WHEREAS, before a Loan Agreement may be authorized and General Obligation Capital Loan Notes, Series 2011, issued to evidence the obligation of the City thereunder, it is necessary to comply with the provisions of the City Code of Iowa, as amended, and to publish a notice of the proposal and of the time and place of the meeting at which the Council proposes to take action for the authorization of the Loan Agreement and Notes -2- and to receive oral and/or written objections from any resident or property owner of the City to such action; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That this Council meet in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 7:00 o'clock -p_.M., on the 19th day of April, 2011, for the purpose of taking action on the matter of the authorization of a Loan Agreement and the issuance of not to exceed $7,640,000 General Obligation Capital Loan Notes, Series 2011, to evidence the obligations of the City thereunder for an essential corporate purpose of the City, the proceeds of which will be used to pay costs of the construction, reconstruction, and repair of improvements to public ways, sidewalks, overpasses, pedestrian underpasses and overpasses, bridges and streets; the opening, widening, extending, grading and draining of the right -of -way of streets, highways, avenues and public grounds and the removal and replacement of dead or diseased trees thereon; the reconstruction, extension and improvement of the existing Municipal Airport; the acquisition, installation and repair of traffic control devices; the rehabilitation, improvement and equipping of existing city parks, including facilities, equipment and improvements commonly found in city parks; the equipping of the fire department; and the establishment or funding of programs to provide for or assist in providing for the acquisition, restoration, or demolition of housing, as part of a municipal housing project under chapter 403 or otherwise, or for other purposes as may be authorized under chapter 403A. Section 2. To the extent any of the projects or activities described in this resolution may be reasonably construed to be included in more than one classification under Division III of the City Code of Iowa, the Council hereby elects the "essential corporate purpose" classification and procedure with respect to each such project or activity, pursuant to Section 384.28 of the City Code of Iowa. Section 3. The Clerk is authorized and directed to proceed on behalf of the City with the negotiation of terms of a Loan Agreement and the issuance of General Obligation Capital Loan Notes, Series 2011, evidencing the City's obligations to a principal amount of not to exceed $7,640,000, to select a date for the final approval thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the completion of a loan on a basis favorable to the City and acceptable to the Council. Section 4. That the Clerk is hereby directed to cause at least one publication to be made of a notice of the meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the City. The -3- publication to be not less than four clear days nor more than twenty days before the date of the public meeting on the issuance of the Notes. form: Section 5. The notice of the proposed action shall be in substantially the following Publish 4/8 NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA, ON THE MATTER OF THE PROPOSED AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $7,640,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2011, (FOR AN ESSENTIAL CORPORATE PURPOSE) AND THE PUBLIC HEARING ON THE AUTHORIZATION AND ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the City of Iowa City, State of Iowa, will hold a public hearing on the 19th day of April, 2011, at 7:00 o'clock P. M., in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at which meeting the Council proposes to take additional action for the authorization of a Loan Agreement and the issuance of not to exceed $7,640,000 General Obligation Capital Loan Notes, Series 2011, for an essential corporate purpose of the City, in order to pay costs of the construction, reconstruction, and repair of improvements to public ways, sidewalks, overpasses, pedestrian underpasses and overpasses, bridges and streets; the opening, widening, extending, grading and draining of the right -of -way of streets, highways, avenues and public grounds and the removal and replacement of dead or diseased trees thereon; the reconstruction, extension and improvement of the existing Municipal Airport; the acquisition, installation and repair of traffic control devices; the rehabilitation, improvement and equipping of existing city parks, including facilities, equipment and improvements commonly found in city parks; the equipping of the fire department; and the establishment or funding of programs to provide for or assist in providing for the acquisition, restoration, or demolition of housing, as part of a municipal housing project under chapter 403 or otherwise, or for other purposes as may be authorized under chapter 403A. Principal and interest on the proposed Loan Agreement will be payable from the Debt Service Fund. At the above meeting the Council shall receive oral or written objections from any resident or property owner of the City, to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the authorization of a Loan Agreement and the issuance of Notes to evidence the obligation of the City thereunder or will abandon the proposal. This Notice is given by order of the Council of the City of Iowa City, State of Iowa, as provided by Sections 384.24, 384.24A and 384.25 of the City Code of Iowa, as amended. Dated this 8th day of April, 2011. Marian K. Karr City Clerk, City of Iowa City, State of Iowa (End of Notice) PASSED AND APPROVED this 5th day of April, 2011. ATTEST: City rk /- �r Mayor 2/R r j _.:. ®� �ul1ir � Date: To: From: Re: 14 CITY OF IOWA CITY MEMORANDUM March 29, 2011 Tom Markus, City Manager Kevin O'Malley, Director of Finance C Proposed General Obligation Capita Loan Note Sales There are several resolutions related to the issuance of general obligation capital loan note issues on the agenda for April 5, 2011. 1 am recommending the issuance of 3 general obligation capital loan note issues. Two of the issues will be `new money' to be used to finance construction projects slated for this summer and the other issue is an advance refunding of the May 2002 general obligation bond issue. I have reviewed the slate of capital improvement projects with the Public Works Director and the City Engineer and we have determined that two of the projects budgeted in the FY2012 year are not ready for construction this calendar year. Those projects are the Rochester Avenue Bridge and the Vehicle Wash System. The remaining projects are included in the resolutions. See attached spreadsheet for the list of projects financed with this issue. In May 2002 the City issued $29.1 million in general obligation bonds to finance the $18.4 million reconstruction of the Iowa City Public Library (ICPL) and $10.7 million to finance that summer's capital improvement program. The bond issue was structured to pay off the ICPL over twenty years and the capital improvement projects over 10 years. The outstanding bonds totaling $11,106,575 represent the remaining debt on the ICPL. I have reviewed the refunding analysis presented by our financial advisor, Public Financial Management (PFM), and recommend proceeding with the advanced refunding. The May 2002 general obligation bonds cannot be refunded until June 1 2012 therefore, I will be investing in State and Local Government Securities (SLUGS) to comply with Internal Revenue Service arbitrage regulations until the call date. The PFM analysis computes potential savings of over 5% or approximately $669,000 over the remaining 10 years, which is equivalent to $577,700 in present value savings. The estimated $70,000 of annual savings would be utilized to reduce the debt service levy. I will be in attendance on Monday evening for any questions that the City Council may have. Capital Improvement Projects financed with June 2011 bonds Fund Desc Project Estimate 3427 Runway 7 Parall Grading $ 90,750 3437 Hangar L 6 units $ 300,000 3443 Airport Equip Shelter $ 7,500 3450 FY2012 Hangar Maint $ 36,000 3751 Northside Mrktp Strtscp $ 500,000 3803 Lwr Msctn - Krkwd /Frst Ave $ 1,091,261 3811 Sycmre -Brns to City Lmt $ 1,095,000 3814 Traffic Signal Project $ 120,000 3822 Curb Ramps -ADA $ 50,000 3827 Scott Blvd Overlay $ 400,000 3828 Sidewalk Infill $ 100,000 3911 IaRvrPwrDamPedBrdgRp $ 100,000 3919 Rochester Ave Bridge $ - Next year 3957 Vehicle Wash System $ - Next year 4130 Parks Annual Improve $ 200,000 4136 HckryHillRestrm &Brid $ 150,000 4152 Terry Trueblood Rec Area $ 250,000 4170 CourtHillPkRestroom $ 95,000 4172 CollegeGreenLightRpl $ 90,000 4174 ParkSidewalkReplacmt $ 85,000 4206 Intra -city Bike Trls $ 50,000 4217 Butler Bridge Ped Trail $ 340,000 4221 TTRA Trail Connection $ 94,000 4316 Rec Ctr Improvements $ 225,000 4320 N MarketSgPk Redevel $ 280,000 4406 Fire Apparatus $ 754,000 4407 Fire Station #4- Vehicles $ 1,278,000 4513 RiverfrontCrossingsRedv $ 200,000 4514 TowncrestRedevelopmt $ 400,000 4704 City Hall -Other Projects $ 50,000 Subtotal $ 8,431,511 2810 Gen Rehab ImprovProgram $ 200,000 Totals $ 8,631,511 Issuance Costs NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA, ON THE MATTER OF THE PROPOSED AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $7,640,000 GENERAL OBLIGATION CAPITAL -LOAN NOTES, SERIES 2011, (FOR AN ESSENTIAL '�,-ORPORATE PURPOSE) AND THE PUBLIC HEARING OX THE AUTHORIZATION AND ISSUANCE THEREOF'' PUBLIC NO nCE is hereby given that the Council of the City wa City, State of Iowa, will hold a ptii lic hearing on the 19th day of April, 2011, a o'clock .M., in the Emma J,vHarvat Hall, City Hall, 410 E. Washin , , Iowa City, Iowa, at which meeting the Councit proposes to take additional action fo:E e authorization of a Loan Agreement and the issuance of not to exceed $7,640,0 General Obligation Capital Loan Notes, Series 20 1,11' for an essential corpora, urpose of the City, in order to pay costs of the construction, deconstruction, and re. r of improvements to public ways, sidewalks, overpasses, pedestrian underpasses nd overpasses, bridges and streets; the opening, widening, extending, grading and dra' ing of the right -of -way of streets, highways, avenues and public grounds'and the r oval and replacement of dead or diseased trees thereon; the reconstruction;.ext sion and improvement of the existing Municipal Airport; the acquisition, installaf n and repair of traffic control devices; the rehabilitation, improvement and equippirof existing city parks, including facilities, equipment and improvements common found `in city parks; the equipping of the fire department; and the establishment or .funding of programs to provide for or assist in providing for the acquisition, restov tion, or demolition of housing, as part of a municipal housing project under chapter 400 or otherwise, or for other purposes as may be authorized under chapter 403, < /Principal and interest on the proposed Loan Agreement will be payable from the DenService Fund. At the above meeVng the Council shall receive oral or wrI ten objections from any resident or property ow/tier of the City, to the above action. After a objections have been received and consideod, the Council will at this meeting or at any a ' urnment thereof, take additional actiQh for the authorization of a Loan Agreement and th issuance of Notes to evidenceAe obligation of the City thereunder or will abandon t proposal. This No ice is given by order of the Council of the City of Iowa City, ate of Iowa, as prov ice by Sections 384.24, 384.24A and 384.25 of the City Code o owa, as amended. -5- 4 Dated this day of 12011. -6- lv,� M 15 Council Member Bal 1 p7, introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $540,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2011, (FOR A GENERAL CORPORATE PURPOSE) OF THE CITY OF IOWA CITY, STATE OF IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF ", and moved that the same be adopted. Council Member Dickens seconded the motion to adopt. The roll was called and the vote was, AYES: Hayek, Mims, Wilburn, Wright, Bailey, Champion, Dickens. NAYS: Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 11 -112 RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $540,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2011, (FOR A GENERAL CORPORATE PURPOSE) OF THE CITY OF IOWA CITY, STATE OF IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Iowa City, State of Iowa, should provide for the authorization of a Loan Agreement and the issuance of General Obligation Capital Loan Notes, Series 2011, to the amount of not to exceed $540,000, as authorized by Sections 384.24, 384.24A, and 384.26, Code of Iowa, as amended, for the purpose of providing funds to pay costs of carrying out a general corporate purpose project as hereinafter described; and WHEREAS, the Loan Agreement and Notes shall be payable from the Debt Service Fund; and WHEREAS, the City has a population of more than 5,000, but not more than 75,000, and the amount of the proposed note issue is not more than $700,000; and WHEREAS, before a Loan Agreement may be authorized and General Obligation Capital Loan Notes, Series 2011, issued to evidence the obligation of the City thereunder, it is necessary to comply with the provisions of the City Code of Iowa, as amended, and to publish a notice of the proposal and of the time and place of the meeting at which the Council proposes to take action for the authorization of the Loan Agreement and Notes and the right to petition for an election; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That this Council meet in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 7:00 o'clock P M., on the 19th day of April, 2011, for the purpose of taking action on the matter of the authorization of a Loan Agreement and the issuance of not to exceed $540,000 General Obligation Capital Loan Notes, Series 2011, the proceeds of which will be used to pay costs of the construction, reconstruction, improvement and equipping of recreation grounds and recreation buildings, including the construction of a marina and shelter area; elevator and entrance improvements to a recreation center; and the construction, reconstruction, improvement and equipping of City Hall, including miscellaneous improvements to City Hall and other departments and shall bear interest at a rate not exceeding the maximum specified in the attached notice. Section 2. The Clerk is authorized and directed to proceed on behalf of the City with the negotiation of terms of a Loan Agreement and the issuance of General Obligation Capital Loan Notes, Series 2011, evidencing the City's obligations to a principal amount of not to exceed $540,000, to select a date for the final approval thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the completion of a loan on a basis favorable to the City and acceptable to the Council. Section 3. That the Clerk is hereby directed to cause at least one publication to be made of a notice of meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the City. The publication to be not less than ten (10) clear days before the date of the public meeting on the issuance of the Notes. form: Section 4. The notice of the proposed action shall be in substantially the following M Publish 4/8 NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA, ON THE MATTER OF THE PROPOSED AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $540,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2011, (FOR A GENERAL CORPORATE PURPOSE) AND THE PUBLIC HEARING ON THE AUTHORIZATION AND ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the City of Iowa City, State of Iowa, will hold a public hearing on the 19th day of April, 2011, at 7:00 o'clock P.M., in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at which meeting the Council proposes to take additional action for the authorization of a Loan Agreement and the issuance of not to exceed $540,000 General Obligation Capital Loan Notes, Series 2011, for a general corporate purpose, bearing interest at the rate of not to exceed seven (7) per centum per annum, in order to pay costs of the construction, reconstruction, improvement and equipping of recreation grounds and recreation buildings, including the construction of a marina and shelter area; elevator and entrance improvements to a recreation center; and the construction, reconstruction, improvement and equipping of City Hall, including miscellaneous improvements to City Hall and other departments. Principal and interest on the proposed Loan Agreement will be payable from the Debt Service Fund. At any time before the date of the meeting, a petition asking that the question of entering into a loan agreement and issuing such notes be submitted to the legal voters of the City, may be filed with the Clerk of the City in the manner provided by Section 362.4 of the City Code of Iowa pursuant to Section 384.26 of the City Code of Iowa. This Notice is given by order of the Council of the City of Iowa City, State of Iowa, as provided by Sections 384.24, 384.24A, and 384.26 of the City Code of Iowa, as amended. Dated this 8th day of April, 2011. Marian K. Karr City Clerk of the City of Iowa City, State of Iowa (End of Notice) PASSED AND APPROVED this 5th day of April, 2011. ATTEST: City C erk �C 44CL -- Mayor Wf! NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA, ON THE MATTER OF THE PROPOSED AUTHORIZATION OF A LOAN AGREEMENrSE)ANED ISSUANCE OF NOT TO EXCEED $540,000 GOBLIGATION CAPITAL LOAN NOTES, SER(FOR A GENERAL CORPORATE PURP THE PUBLIC IDARING ON THE AUTHORIZ ND ISSUANCE TMEREOF PUBLIC NOTI CE is hereby 'ven that the Council of the ity of Iowa City, State of Iowa, will hold a public hearing o the 19th day of April, 2011 at o'clock .M., in the Emma J. Harvat Hal , City Hall, 410 E. Washi ton, Iowa City, Iowa, at which meeting the Council proposes t take additional action f the authorization of a Loan Agreement and the issuance of n t to exceed $540,000 eneral Obligation Capital Loan Notes, Series 2011, for a general orporate purpose, be ring interest at the rate of not to exceed seven (7) per centum per num, in order to y costs of the construction, reconstruction, improvement and equipp g of recreation rounds and recreation buildings, including the construction of a arina and s It area; elevator and entrance improvements to a recreation center; and and equipping of City Hall, including mis departments. Principal and interest on the from the Debt Service Fund. iq on, reconstruction, improvement 4niprovements to City Hall and other Loan Agreement will be payable At any time before the date of the me rti , a petition asking that the question of entering into a loan agreement and issuingsuch otes be submitted to the legal voters of the City, may be filed with the Clerk of t,We City the manner provided by Section 362.4 of the City Code of Iowa pursuant to Section 384. 6 of the City Code of Iowa. This Notice is given by ordgs tithe Council f the City of Iowa City, State of Iowa, as provided by Sections 384f24, 384.24A, an 384.26 of the City Code of Iowa, as amended. Dated this /day of 2011. City Clerk o of Iowa (End of Notice) -10- the City of Iowa City, State �� 16 Council Member Mims introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $410,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2011, OF THE CITY OF IOWA CITY, STATE OF IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF ", and moved that the same be adopted. Council Member Bailey seconded the motion to adopt. The roll was called and the vote was, AYES: Mims, Wilburn, Wright, Bailey, Champion, NAYS: Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 11 -113 RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $410,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2011, OF THE CITY OF IOWA CITY, STATE OF IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Iowa City, State of Iowa, is in need of funds to carry out a project as hereinafter described; and, it is deemed necessary and advisable that the City of Iowa City, State of Iowa, should provide for the authorization of a Loan Agreement and the issuance of General Obligation Capital Loan Notes, Series 2011, to the amount of not to exceed $410,000, as authorized by Sections 384.24(3)(q) and 384.24A, of the Code of Iowa, for the purpose of providing funds to pay costs thereof; and WHEREAS, the Loan Agreement and Notes shall be payable from the Debt Service Fund; and WHEREAS, before notes may be issued, it is necessary to comply with the procedural requirements of Chapter 384 of the City Code of Iowa, and to publish a notice of the proposal to issue such notes and the right to petition for an election; -12- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That this Council meet in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 7: 00 o'clock P M., on the 19th day of April, 2011, for the purpose of taking action on the matter of the issuance of not to exceed $410,000 General Obligation Capital Loan Notes, Series 2011, the proceeds of which notes will be used to provide funds to pay costs of the aiding in the planning, undertaking, and carrying out of urban renewal projects under the authority of chapter 403, and all of the purposes set out in section 403.12, including the acquisition of property in the Towncrest Urban Renewal Area. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the City. The publication to be not less than ten nor more than twenty days before the date of public meeting on the issuance of the notes. Section 3. The notice of the proposed action to issue notes shall be in substantially the following form: -13- Publish 4/8 NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA, ON THE MATTER OF THE PROPOSED AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $410,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2011, OF THE CITY, AND THE PUBLIC HEARING ON THE AUTHORIZATION AND ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the City Council of the City of Iowa City, State of Iowa, will hold a public hearing on the 19th day of April, 2011, at 7:00 o'clock P.M., in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at which meeting the Council proposes to take additional action for the authorization of a Loan Agreement and the issuance of not to exceed $410,000 General Obligation Capital Loan Notes, Series 2011, of the City, for an essential corporate purpose, in order to provide funds to pay costs of the aiding in the planning, undertaking, and carrying out of urban renewal projects under the authority of chapter 403, and all of the purposes set out in section 403.12, including the acquisition of property in the Towncrest Urban Renewal Area. Principal and interest on the proposed Loan Agreement will be payable from the Debt Service Fund. At any time before the date of the meeting, a petition asking that the question of entering into a loan agreement and issuing such notes-be submitted to the legal voters of the City, may be filed with the Clerk of the City, in the manner provided by Section 362.4 of the City Code of Iowa. Also, at the above meeting the Council shall receive oral or written objections from any resident or property owner of the City, to the above action. After all objections or petitions asking that the proposition be submitted to an election have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the authorization of a Loan Agreement and the issuance of Notes to evidence the obligation of the City thereunder or will abandon the proposal. This Notice is given by order of the Council of the City of Iowa City, State of Iowa, as provided by Sections 384.24(3)(q) and 384.24A of the Code of Iowa. Section 384.25 of the City Code of Iowa is applicable to this notice and to the above public hearing. Dated this 8th day of April, 2011. Marian K. Karr City Clerk, City of Iowa City, State of Iowa (End of Notice) PASSED AND APPROVED this 5th day of April, 2011. Mayor ATTEST: Will NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA, ON THE MATTER OF THE PROPOSED AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $410,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2011, OF THE CIT , AN `THE PUBLIC HEARING ON THE AUTHORIZATION AND ISSUAN E THEREOF PUBLIC NOTICE is hereby given t State of Iowa, will hold a public hearing o o'clock M., in the Emma J. Harvat Iowa, at which meeting the Council propos authorization of a Loan Agreement and the Obligation Capital Loan Notes, Series 2011 purpose, in order to provide funds to pay co and carrying out of urban renewal projects the purposes set out in section 403.12, inclu Towncrest Urban Renewal Area. Principal will be payable from the Debt Service Fund at the City Council of the City of Iowa City, the 19th day of pril, 2011, at 11, City Hall, 41 E. Washington, Iowa City, s to take additio al action for the suance of not t exceed $410,000 General of the City, for n essential corporate s of the aiding in the planning, undertaking, un er the autho ty of chapter 403, and all of di the acquisition of property in the an interest o4 the proposed Loan Agreement At any time before the date of the meeting, petition asking that the question of entering into a loan agreement and issuing such no Vs be submitted to the legal voters of the City, may be filed with the Clerk of the City, in he manner provided by Section 362.4 of the City Code of Iowa. Also, at the above meeting the Councill shall re� from any resident or property owner of the City, to the or petitions asking that the proposition be submitted to and considered, the Council will at this meeting or at a additional action for the authorization of a Loan Agree evidence the obligation of the City thereunder or will eive oral or written objections above action. After all objections n election have been received n adjournment thereof, take m nt and the issuance of Notes to ba don the proposal. This Notice is given by order of the Council of the C Iowa, as provided by Sections 3".24(3)(q) and 384.24A o: 384.25 of the City Code of Iowa ,is applicable to this notice hearing. -14- of Iowa City, State of Code of Iowa. Section I to the above public 1� Dated this day of , 2011. City Clerk, City of Iowa City, State of Iowa (End of Notice) r r - 15 - y:i p k+ 17 Council Member Bailey introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $210,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2011, (FOR A GENERAL CORPORATE PURPOSE) OF THE CITY OF IOWA CITY, STATE OF IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF and moved that the same be adopted. Council Member Dickens seconded the motion to adopt. The roll was called and the vote was, AYES: Wilburn, Wright, Bailey, Champion, Dickens, Hayek, Mims. NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 11 -114 RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $210,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2011, (FOR A GENERAL CORPORATE PURPOSE) OF THE CITY OF IOWA CITY, STATE OF IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Iowa City, State of Iowa, should provide for the authorization of a Loan Agreement and the issuance of General Obligation Capital Loan Notes, Series 2011, to the amount of not to exceed $210,000, as authorized by Sections 384.24, 384.24A, and 384.26, Code of Iowa, as amended, for the purpose of providing funds to pay costs of carrying out a general corporate purpose project as hereinafter described; and WHEREAS, the Loan Agreement and Notes shall be payable from the Debt Service Fund; and WHEREAS, the City has a population of more than 5,000, but not more than 75,000, and the amount of the proposed note issue is not more than $700,000; and -17- WHEREAS, before a Loan Agreement may be authorized and General Obligation Capital Loan Notes, Series 2011, issued to evidence the obligation of the City thereunder, it is necessary to comply with the provisions of the City Code of Iowa, as amended, and to publish a notice of the proposal and of the time and place of the meeting at which the Council proposes to take action for the authorization of the Loan Agreement and Notes and the right to petition for an election; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That this Council meet in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 7:00 o'clock P M., on the 19th day of April , 2011, for the purpose of taking action on the matter of the authorization of a Loan Agreement and the issuance of not to exceed $210,000 General Obligation Capital Loan Notes, Series 2011, the proceeds of which will be used to pay costs of the acquisition of property necessary for the operation of the City and the health and welfare of its citizens, including property within the area of the City known as the Riverfront Crossings District and shall bear interest at a rate not exceeding the maximum specified in the attached notice. Section 2. The Clerk is authorized and directed to proceed on behalf of the City with the negotiation of terms of a Loan Agreement and the issuance of General Obligation Capital Loan Notes, Series 2011, evidencing the City's obligations to a principal amount of not to exceed $210,000, to select a date for the final approval thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the completion of a loan on a basis favorable to the City and acceptable to the Council. Section 3. That the Clerk is hereby directed to cause at least one publication to be made of a notice of meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the City. The publication to be not less than ten (10) clear days before the date of the public meeting on the issuance of the Notes. form: Section 4. The notice of the proposed action shall be in substantially the following -18- Publish 4/8 NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA, ON THE MATTER OF THE PROPOSED AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $210,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2011, (FOR A GENERAL CORPORATE PURPOSE) AND THE PUBLIC HEARING ON THE AUTHORIZATION AND ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the City of Iowa City, State of Iowa, will hold a public hearing on the 19th day of April, 2011, at 7:00 o'clock P.M., in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at which meeting the Council proposes to take additional action for the authorization of a Loan Agreement and the issuance of not to exceed $210,000 General Obligation Capital Loan Notes, Series 2011, for a general corporate purpose, bearing interest at the rate of not to exceed seven (7) per centum per annum, in order to pay costs of the acquisition of property necessary for the operation of the City and the health and welfare of its citizens, including property within the area of the City known as the Riverfront Crossings District. Principal and interest on the proposed Loan Agreement will be payable from the Debt Service Fund. At any time before the date of the meeting, a petition asking that the question of entering into a loan agreement and issuing such notes be submitted to the legal voters of the City, may be filed with the Clerk of the City in the manner provided by Section 362.4 of the City Code of Iowa pursuant to Section 384.26 of the City Code of Iowa. This Notice is given by order of the Council of the City of Iowa City, State of Iowa, as provided by Sections 384.24, 384.24A, and 384.26 of the City Code of Iowa, as amended. Dated this 8th day of April, 2011. Marian K. Karr City Clerk of the City of Iowa City, State of Iowa (End of Notice) PASSED AND APPROVED this 5th day of April, 2011. ATTEST: City Jerk o, Mayor .TIE NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA, ON THE MATTER OF THE PROPOSED AUTHORIZATION OF A LOAN AGREEMENT EXCEED $210,000 LOAN NOTES, SE Il CORPORATE PU C ON THE AUTHO Z. PUBLIC NOTICE is hereby of Iowa, will hold a public hearing .M., in the Emma J. Harvat F E ISSUANCE OF NOT TO OBLIGATION CAPITAL ,S 2011, (FOR A GENERAL SE) AND THE AUBLIC HEARING ,TION AND ISSUANCE THEREOF iven that the C461 of the City of Iowa City, State the 19th day of (April, 2011, at o'clock City Hall, 410" E. Washington, Iowa City, Iowa, at which meeting the Council proposes to ake addition4l action for the authorization of a Loan Agreement and the issuance of not o exceed $'Z10,000 General Obligation Capital Loan Notes, Series 2011, for a general co orate purpose, bearing interest at the rate of not to exceed seven (7) per centum per an m, in order to pay costs of the acquisition of property necessary for the operation of the it and the health and welfare of its citizens, including property within the area of the Cit known as the Riverfront Crossings District. Principal and interest on the proposed Loan reement will be payable from the Debt Service Fund. At any time before the date of the meetin , a petition asking that the question of entering into a loan agreement and issuing such tes be submitted to the legal voters of the City, may be filed with the Clerk of the City i the manner provided by Section 362.4 of the City Code of Iowa pursuant to Section 384. 6 of the City Code of Iowa. This Notice is given by order of the Council f the City of Iowa City, State of Iowa, as provided by Sections 384.24,384.24A, and 84.26 of the City Code of Iowa, as amended. Dated this day of k 2011. f City Clerk of the City of Iowa City, State of Iowa (End of Notice) y k -19- April 5, 2011 The City Council of the City of Iowa City, State of Iowa, met in regular session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 7:00 o'clock P M., on the above date. There were present Mayor Hayek , in the chair, and the following named Council Members: Bailey, Champion, DIckens, Hayek, Mims, Wilburn Absent: None -1- U4 -Ub -11 18 Council Member Champion introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $12,000,000 GENERAL OBLIGATION REFUNDING CAPITAL LOAN NOTES, SERIES 2011C, OF THE CITY OF IOWA CITY, STATE OF IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF ", and moved that the same be adopted. Council Member Bailey seconded the motion to adopt. The roll was called and the vote was, AYES: Wright, Bailey; Champion, Dickens., Hayek, Mims Wilburn. NAYS: Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 11 -115 RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $12,000,000 GENERAL OBLIGATION REFUNDING CAPITAL LOAN NOTES, SERIES 2011C, OF THE CITY OF IOWA CITY, STATE OF IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Iowa City, State of Iowa, should provide for the authorization of a Loan Agreement and the issuance of General Obligation Refunding Capital Loan Notes, Series 2011C, to the amount of not to exceed $12,000,000, as authorized by Sections 384.24, 384.24A and 384.25, Code of Iowa, as amended, for the purpose of providing funds to pay costs of carrying out an essential corporate purpose project as hereinafter described; and WHEREAS, the Loan Agreement and Notes shall be payable from the Debt Service Fund; and WHEREAS, before a Loan Agreement may be authorized and General Obligation Refunding Capital Loan Notes, Series 2011 C, issued to evidence the obligation of the City thereunder, it is necessary to comply with the provisions of the City Code of Iowa, as amended, and to publish a notice of the proposal and of the time and place of the meeting at which the Council proposes to take action for the authorization of the Loan -2- Agreement and Notes and to receive oral and/or written objections from any resident or property owner of the City to such action; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That this Council meet in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 7:00 o'clock P M., on the 19th day of April, 2011, for the purpose of taking action on the matter of the authorization of a Loan Agreement and the issuance of not to exceed $12,000,000 General Obligation Refunding Capital Loan Notes, Series 2011 C, to evidence the obligations of the City thereunder for an essential corporate purpose of the City, the proceeds of which will be used to pay costs of the refunding of outstanding general obligation indebtedness, including General Obligation Bonds, Series 2002, dated May 1, 2002. Section 2. To the extent any of the projects or activities described in this resolution may be reasonably construed to be included in more than one classification under Division III of the City Code of Iowa, the Council hereby elects the "essential corporate purpose" classification and procedure with respect to each such project or activity, pursuant to Section 384.28 of the City Code of Iowa. Section 3. The Clerk is authorized and directed to proceed on behalf of the City with the negotiation of terms of a Loan Agreement and the issuance of General Obligation Refunding Capital Loan Notes, Series 2011 C, evidencing the City's obligations to a principal amount of not to exceed $12,000,000, to select a date for the final approval thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the completion of a loan on a basis favorable to the City and acceptable to the Council. Section 4. That the Clerk is hereby directed to cause at least one publication to be made of a notice of the meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the City. The publication to be not less than four clear days nor more than twenty days before the date of the public meeting on the issuance of the Notes. form: Section 5. The notice of the proposed action shall be in substantially the following -3- Publish 4/8 NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA, ON THE MATTER OF THE PROPOSED AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $12,000,000 GENERAL OBLIGATION REFUNDING CAPITAL LOAN NOTES, SERIES 2011 C, (FOR AN ESSENTIAL CORPORATE PURPOSE) AND THE PUBLIC HEARING ON THE AUTHORIZATION AND ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the City of Iowa City, State of Iowa, will hold a public hearing on the 19th day of April, 2011, at 7:00 o'clock P.M., in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at which meeting the Council proposes to take additional action for the authorization of a Loan Agreement and the issuance of not to exceed $12,000,000 General Obligation Refunding Capital Loan Notes, Series 2011C, for an essential corporate purpose of the City, in order to pay costs of the refunding of outstanding general obligation indebtedness, including General Obligation Bonds, Series 2002, dated May 1, 2002. Principal and interest on the proposed Loan Agreement will be payable from the Debt Service Fund. At the above meeting the Council shall receive oral or written objections from any resident or property owner of the City, to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the authorization of a Loan Agreement and the issuance of Notes to evidence the obligation of the City thereunder or will abandon the proposal. This Notice is given by order of the Council of the City of Iowa City, State of Iowa, as provided by Sections 384.24, 384.24A and 384.25 of the City Code of Iowa, as amended. Dated this 8th day of April, 2011. Marian K. Karr City Clerk, City of Iowa City, State of Iowa (End of Notice) PASSED AND APPROVED this 5th day of April, 2011. ATTEST: F I r-,r-- & I eaAA2 City Z7r&rk 687174.1 / 10714.105 Mayor -5- CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of the City showing proceedings of the City Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of the agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty -four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the City hereto affixed this 7th day of April , 2011. e City rk, City of Iowa City, State of Iowa (SEAL) 687174.1 / 10714.105 i VA NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA, ON THE MATTER OF THE PROPOSED AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $12,000 000 GENERAL OBLIGATION REFUNDING PITAL LOAN NOTES, ERIES 2011C, (FOR AN ESS NTIAL CORPORATE PU OSE) AND THE PUBLIC EARING ON THE AUTH RIZATION AND ISSUANC THEREOF PUBLIC NOTICE is here given that the Counc' of the City of Iowa City, State of Iowa, will hold a public hearing n the 19th day of A il, 2011, at o'clock .M., in the Emma J. Harvat H 1, City Hall, 410 E Washington, Iowa City, Iowa, at which meeting the Council proposes take additional ction for the authorization of a Loan Agreement and the issuance of n t to exceed $1 ,000,000 General Obligation Refunding Capital Loan Notes, Series 2 11C, for an ssential corporate purpose of the City, in order to pay costs of the refundin of outst ding general obligation indebtedness, including General Obligatio Bonds Series 2002, dated May 1, 2002. Principal and interest on the proposed Loan Agr ment will be payable from the Debt Service Fund. I/ At the above meeting the Council sh11 eceive oral or written objections from any resident or property owner of the City, to phe ab ve action. After all objections have been received and considered, the Council will at this eeting or at any adjournment thereof, take additional action for the authorization of a L an Agreement and the issuance of Notes to evidence the obligation of the City thereu der or will abandon the proposal. This Notice is given by order of the Council o� Iowa, as provided by Sections,3'424, 384.24A and 3 amended. ,F Dated this ,' day of r` f the City of Iowa City, State of k4.25 of the City Code of Iowa, as 011. City Clerk, City of Iowa City, State of Iowa (End of Notice) M 0 19 Council Member Wright introduced the following Resolution entitled "RESOLUTION APPROVING ELECTRONIC BIDDING PROCEDURES" and moved its adoption. Council Member Mims seconded the Resolution to adopt. The roll was called and the vote was, AYES: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 11 -116 RESOLUTION APPROVING ELECTRONIC BIDDING PROCEDURES WHEREAS, the Council has received information from its Financial Consultant evaluating and recommending the procedure hereinafter described for electronic, facsimile and internet bidding to maintain the integrity and security of the competitive bidding process and to facilitate the delivery of bids by interested parties; and WHEREAS, the Council deems it in the best interests of the City and the residents thereof to receive bids to purchase such Notes by means of both sealed and electronic internet communication. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That the receipt of electronic bids by facsimile machine and through the Parity Competitive Bidding System are hereby found and determined to provide reasonable security and to maintain the integrity of the competitive bidding process, and to facilitate the delivery of bids by interested parties in connection with the offering at sale. -21- PASSED AND APPROVED this 5th day of April, 2011. Mayor ATTEST: s►xm CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of the City showing proceedings of the City Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of the agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty -four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the City hereto affixed this 7th day of April , 2011. 2? La�_,) 4� - City k, City of Iowa City, State of Iowa (SEAL) Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240 319/356 -5030 RESOLUTION NO. t 1 —1 1 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT FOR STRATEGIC PLANNING SERVICES BETWEEN THE CITY OF IOWA CITY AND THE INSTITUTE OF PUBLIC AFFAIRS. WHEREAS, City Council desires to engage in strategic planning; WHEREAS, City staff and the Institute of Public Affairs have negotiated an agreement for strategic planning services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, AS FOLLOWS: 1. The Mayor is authorized to execute and City Clerk to attest the attached agreement in duplicate. 2. The City Clerk shall forward one copy of the fully- executed agreement to the Institute of Public Affairs. 3. Payment for said services shall be from Account #1000 - 412100 - 432080. Passed and approved this 5th day of April , 201_L. / MAYOR ATTEST: 'i` CI CLERK Approep by City Attorney's Office Resolution No. 11 -117 Page 2 It was moved by 'Dickens and seconded by Mims _ the Resolution be adopted, and upon roll call there were: AYES: x X X x X' x x wpdata/glossary/resolution -le. doe NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright AGREEMENT FOR STRATEGIC PLANNING SERVICES This Agreement, made and entered into on this �h day of A ril 2011, by and between the City of Iowa City, Iowa (hereinafter referred to as "Client" or "City ") and Institute of Public Affairs, of the University of Iowa, (hereinafter referred to as "IPA "), is for the providing of strategic planning services as set forth herein. I. The parties hereto agree to the following provisions: A. Services and Compensation 1. Overview IPA shall conduct focus groups with Iowa City staff and the City Council to identify and prioritize the city's goals and strategies for the upcoming two to four year period. The process involves reviewing recent accomplishments, identifying issues /concerns /trends/opportunities that may impact the city, identifying on -going priorities, reviewing potential initiatives /programs /policies for consideration for the upcoming period, providing a method for mayor /council selection of top priority initiatives /programs /policies to be implemented within the planning period. In addition, the sessions would include a component to enhance organizational effectiveness, performance and teamwork. IPA's services shall be provided by Jeff Schott, Program Director of IPA. 2. Facilitation of focus groups The City will contract separately with The Thomas Group for a citizen survey. A copy of the City's contract with The Thomas Group is attached hereto as Exhibit "A ". IPA agrees that The Thomas Group will conduct the survey services necessary for IPA's subsequent services hereunder, and agrees to work cooperatively with The Thomas Group to facilitate the successful provision of services by both parties to the City. In September and October of 2011, with the survey results as background, the IPA will meet with City staff in 2 -hour focus groups to identify goals for the next two to four years and determine strategies to meet those goals. There will be two tiers of focus groups — one for line staff, and one for division heads and department heads. Prior to those sessions, IPA will provide a questionnaire to be forwarded to the focus group participants by the City to solicit input with respect to items described in Paragraph Al above. The participants will return the completed questionnaires to IPA for tabulation prior to holding the focus groups. Four 2-3 hour sessions will be provided for line staff, with no more than 20 people per session. Participation will be voluntary; therefore the number of sessions will depend on interest, but be no more than four. If interest is high, individuals will be chosen based on their work unit in an effort to obtain diversity and cover the spectrum of departments in the organization. This is an opportunity for those people who are direct service providers to provide their insights on the priorities of the organization for this time period. The SWAT analysis done previously by the executive staff, the survey results, and the information obtained from the pre- session questionnaires will be used as background for these sessions. Similarly, four 2 -3 hour sessions will be provided for department and division heads. Attendance requirements will be determined by the City Manager. Each session will attempt to have representation from different departments to encourage broad organizational thinking, rather than focusing on particular departmental goals. The SWAT analysis done previously by the executive staff, the survey results, the information obtained from the pre- session questionnaires and the outcomes of the line staff focus groups will be used as background for these sessions. After the election in November, the City Council, including newly elected Council members, will have a minimum of two 2 -hour sessions devoted to articulating a vision for the City organization, stating the values which will guide the organization, and setting goals and strategies for the coming four years. Prior to the first session, IPA will provide a questionnaire to be forwarded by the City to the 2012 City Council team to solicit input with respect to items described in Paragraph Al above. The participants will return the completed questionnaires to IPA for tabulation prior to holding the focus groups. The results of the survey, the pre - session questionnaires as well as the work of the staff focus groups, and the SWAT analysis would serve as a starting point for this discussion. 3. Deliverables and Fees At each step in this process, the results of the previous step will be compiled and formed in a document to be used by the participants of the next step. Finally, the City Council will be able to adopt a vision and values statement and a strategic plan for 2012 -2016 prior to consideration of the budget for 2012. All documents will be delivered electronically, with one hard copy to the City Manager. Deliverables (timeline assumes Citizen Survey Analysis and Report done under separate contract is completed and delivered to City and IPA by August 1, 2011) Conclusions of line staff focus groups Sept. 30, 2011 Conclusions of exec/middle mgmt. focus groups Nov. 1, 2011 City Council Sessions *Nov. 2, 2011 — December 15, 2011 Draft Strategic Plan Document Jan. 2, 2012* Final Strategic Plan Document Jan. 20, 2012* *dependent on City Council schedule Fees —1PS shall be paid $3000 for all services upon delivery of the final strategic plan document. B. General Terms A. The IPA shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement the Consultants shall be paid for all work and services performed up to the time of termination. The City may terminate this Agreement upon seven (7) calendar days' written notice to IPA. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of IPA by the City hereunder shall be as an independent contractor. E. It is agreed by the City that all records and files pertaining to information needed by the Consultants for the project shall be available by said City upon reasonable request to the Consultants. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, IPA shall attend meetings of the City Council relative to the work set forth in the Agreement. Any request made by the City shall be given with reasonable notice to IPA to assure attendance. H. IPA agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by IPA pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, IPA shall not be liable for the City's use of such documents on other projects. I. IPA agrees that where practical to furnish reports, specifications, and drawings, with the seal of a professional affixed thereto or such as required by Iowa law. J. The City agrees to tender IPA all fees in a timely manner, excepting, however, that failure of IPA to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. IPA shall be allowed to keep reproducible copies for its own use. M. Fees paid for securing approval of authorities having jurisdiction over the project . will be paid by the City. N. Upon signing this agreement, IPA acknowledges that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Iowa Code Section 362.5 O. IPA shall assume responsibility for and indemnify and hold City harmless from all claims, damages, and/or liability, including resonable attorney fees, arising from IPA's services hereunder to the full extent permitted by Chapter 669, Code of Iowa (2009). Provided, however, that IPA shall not be responsible, indemnify, or hold City harmless for damage resulting from the City's negligence. The IPA will provide to the City a Certificate of Self - Insurance in a form to be reviewed and approved by the City. INSTITUTE OF PUBLIC AFFAIRS by: ott, 7/, Director Date � P � THE CITY OF IOWA CITY, IOWA by: Matthew J. Hayek, a r Approved by ATTEST: Marian ,— Karr, City Clerk 32� IL I Date City Attorney's Office 1 /2­0// SURVEY SERVICES AGREEMENT This Agreement, made and entered into on this day of , 2011, by and between the City of Iowa City, Iowa (hereinafter referred to as "Client" or "City ") and The Thomas Group (hereinafter referred to as "Thomas Group" or "Consultant "), is for the providing of consulting services as set out in the Contractor's proposal attached hereto as Exhibit "A ". I. The parties hereto agree to the following provisions: A. Services and Compensation: The Thomas Group shall provide the services and City shall pay the fee as set forth in the attached proposal. Execution of this contract by the City shall be considered written approval and notice to proceed by the City. City shall assist The Thomas Group in obtaining a list of registered Iowa City voters from the Johnson County Commissioner of Elections. Any cost for said Iist shall be paid by The Thomas Group. The Thomas Group understands that the Report of Survey will be used by the Institute of Public Affairs ( "IPA ") to provide strategic planning services to the City under the contract attached hereto as Exhibit `B ", and agrees to work cooperatively with IPA to facilitate the successful provisipn of services by both parties to the City. The fee of $9,640.00 shall be paid to The Thomas Group by the City as follows: $2,000.00 within 10 days of the City's execution of this Agreement; balance due upon delivery of the Report of Survey to City. B. General Terms A. The Consultant shall not commit any of the following employment practices and agree to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B; Should the City terminate this Agreement the Consultant shall be paid for all work and services performed. up to ,the .time of termination. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultants. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in the Agreement. Any request made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. I. The Consultant agrees that where practical to furnish reports, specifications, and drawings, with the seal of a professional affixed thereto or such as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable form the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep reproducible copies for the Consultant's own use. M. Fees paid for securing approval of authorities having jurisdiction over the project will be paid by the City. N. Upon signing this agreement, Consultant acknowledges that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Iowa Code Section 362.5 O. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions to the City in the sum of $1,000,000. THE THOMAS GROUP by: THE CITY OF IOWA CITY, IOWA by: Approved by City Attorney's Office Thomas Pickering Title: Date Matthew J. Hayek, Mayor ATTEST: Marian K. Karr, City Clerk AGREEMENT FOR STRATEGIC PLANNING SERVICES This Agreement, made and entered into on this day of , 2011, by and between the City of Iowa City, Iowa (hereinafter referred to as "Client" or "City ") and Institute of Public Affairs, of the University of Iowa, (hereinafter referred to as "IPA "), is for the providing of strategic planning services as set forth herein. I_ The parties hereto agree to the following provisions: A. Services and Compensation 1. Overview IPA shall conduct focus groups with Iowa City staff and the City Council to identify and prioritize the city's goals and strategies for the upcoming two to four year period. The process involves reviewing recent accomplishments, identifying issues /concerns /trends /opportunities that may impact the city, identifying on -going priorities, reviewing potential initiatives /programs /policies for consideration for the upcoming period, providing a method for mayor /council selection of top priority initiatives /programs /policies to be implemented within the planning period. In addition, the sessions would include a component to enhance organizational effectiveness, performance and teamwork. IPA's services shall be provided by Jeff Schott, Program Director of IPA. 2. Facilitation of focus groups The City will contract separately with The Thomas Group for a citizen survey. A copy of the City's contract with The Thomas Group is attached hereto as Exhibit "A ". IPA agrees that The Thomas Group will conduct the survey services necessary for IPA's subsequent services hereunder, and agrees to work cooperatively with The Thomas Group to facilitate the successful provision of services by both parties to the City. In September and October of 2011, with the survey results as background, the IPA will meet with City staff in 2 -hour focus groups to identify goals for the next two to four years and determine strategies to meet those goals. There will be two tiers of focus groups — one for line staff, and one for division heads and department heads. Prior to those sessions, IPA will provide a questionnaire to be forwarded to the focus group participants by the City to solicit input with respect to items described in Paragraph Al above. The participants will return the completed questionnaires to IPA for tabulation prior to holding the focus groups. Four 2 -3 hour sessions will be provided for line staff, with no more than 20 people per session. Participation will be voluntary; therefore the number of sessions will depend on interest, but be no more than four. If interest is high, individuals will be chosen based on their work unit in an effort to obtain diversity and cover the spectrum of departments in the organization. This is an opportunity for those people who are direct service providers to provide their insights on the priorities of the organization for this time period_ The SWAT analysis done previously by the executive staff, the survey results, and the information obtained from the pre - session questionnaires will be used as background for these sessions. Similarly, four 2 -3 hour sessions will be provided for department and division heads. Attendance requirements will be determined by the City Manager. Each session will attempt to have representation from different departments to encourage broad organizational thinking, rather than focusing on particular departmental goals. The SWAT analysis done previously by the executive staff, the survey results, the information obtained from the pre - session questionnaires and the outcomes of the line staff focus groups will be used as background for these sessions. After the election in November, the City Council, including newly elected Council members, will have a minimum of two 2 -hour sessions devoted to articulating a vision for the City organization, stating the values which will guide the organization, and setting goals and strategies for the coming four years. Prior to the first session, IPA will provide a questionnaire to be forwarded by the City to the 2012 City Council team to solicit input with respect to items described in Paragraph Al above. The participants will return the completed questionnaires to IPA for tabulation prior to holding the focus groups. The results of the survey, the pre - session questionnaires as well as the work of the staff focus groups, and the SWAT analysis would serve as a starting point for this discussion. 3. Deliverables and Fees At each step in this process, the results of the previous step will be compiled and formed in a document to be used by the participants of the next step. Finally, the City Council will be able to adopt a vision and values statement and a strategic plan for 2012 -2016 prior to consideration of the budget for 2012. All documents will be delivered electronically, with one hard copy to the City Manager. Deliverables (timeline assumes Citizen Survey Analysis and Report done under separate contract is completed and delivered to City and IPA by August 1, 2011) Conclusions of line staff focus groups Sept. 30, 2011 Conclusions of exec /middle mgmt. focus groups Nov. 1, 2011 City Council Sessions *Nov. 2, 2011 — December 15, 2011 Draft Strategic Plan Document Jan. 2, 2012* Final Strategic Plan Document Jan. 20, 2012* *dependent on City Council schedule Fees — IPS shall be paid $3000 for all services upon delivery of the final strategic plan document. B. General Terms A. The IPA shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement the Consultants shall be paid for all work and services performed up to the time of termination. The City may terminate this Agreement upon seven (7) calendar days' written notice to IPA. C. This Agreement shall be binding. upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of IPA by the City hereunder shall be as an independent contractor. E. It is agreed by the City that all records and files pertaining to information needed by the Consultants for the project shall be available by said City upon reasonable request to the Consultants. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, IPA shall attend meetings of the City Council relative to the work set forth in the Agreement. Any request made by the City shall be given with reasonable notice to IPA to assure attendance. H. IPA agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by IPA pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, IPA shall not be liable for the City's use of such documents on other projects. I. IPA agrees that where practical to furnish reports, specifications, and drawings, with the seal of a professional affixed thereto or such as required by Iowa law. J. Tho City agrecs to tcndvx IPA all fees in a timoly manner, exceptinl3, however, that failure. of IPA to satisfsuctoinly perfbnal in accordance: with this Agreement shall constituto grounds for the City to withhold payment of the arnount sufficient to properly cornploto the pn)ject in aecordance with this Atrcement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deenled severable froru the invalid portion and continue in full force; and effect. L. Oripjnal contract drawings shall become the property of the City. IPA shall be allowed to keep reproducible copies for its own use, M. Fees paid for seetaring approval of authorities having jurisdiction over the project . will be paid by the City. N. Upon signing this agreement, IPA acknowledges that Section 362.5 of'the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Iowa Code Section 362.5 O. IPA shall assume responsibility for and indemnify and hold City harmless from all claims, dann.ages, and/or liability, including resonable attorney fees, arising from IPA's services hereunder to the full extent permitted by Chaster 669, Code of Iowa (2009). Provided, however, that IPA shall not be responsible, indemnify, or hold City harmless for damage resulting from the City's negligence. The IPA will provide to the City a Certificate of Self- Insurance in a form to be reviewed and approved by the City. INSTITUTE OF PUBLIC AFFAIRS by: THE CITY OF IOWA CITY, IOWA by: Approved by City Attorney's Office iz" l hott, Program Director Date -- Matthew J. Hayek, Mayor Al TEST: Marian K. Karr, City Clerk Date r rM260 CITY OF IOWA CITY MEMORANDUM Date: April 5, 2011 To: City Council From: Thomas M. Markus, City Manager Re: Strategic Planning /Goal Setting The Iowa City City Council has recognized the need for a strategic planning /goal setting process for some time now. The City has not completed a strategic planning /goal setting process for several years. Recent efforts to undertake the process were initiated but not completed. The City Council highlighted the need for a strategic planning /goal setting process during the recent city manager recruitment and selection process. History/Background: During the city manager recruitment and selection process the City Council made it clear that the Council placed a high priority on completing the strategic planning /goal setting process. Prior to starting my employment with the City I had the opportunity to visit Iowa City and meet with the City Council and staff. These discussions reinforced the desire and need for a strategic planning /goal setting process. All elected officials and department heads /administrative staff were provided copies of Strategic Planning for Local Government, 2nd edition, by Gerald L. Gordon. This book provided the recipients with a written guide describing the strategic planning /goal setting process, the terms used in the process, the various options available, and in general a common understanding of the process. Discussion of Selection: The management staff and department heads received and reviewed three proposals for three different vendors. The management staff and department heads conducted interviews with the three vendors. The interviews resulted in consensus as to the vendor and the process that would best fit the needs of the City. The selected vendors' process was modified by the management staff /department heads after interviewing all three vendors. There are two parts to the process: 1. the citizen and business owner survey; 2. the strategic planning process. The preferred vendor for the surveying process is local vendor The Thomas Group and is represented by Thomas Pickering. The surveying tool will be a two part telephone survey. Part One: Iowa City business owners; Part Two: Iowa City citizens. The preferred vendor for the strategic planning /goal setting process is also local vendor Institute of Public Affairs of the University of Iowa and is represented by Jeff Schott, IPA Program Director. As mentioned above, the interview process resulted in modifications to the proposals especially the strategic planning /goal setting process. As you review the attached proposals you will note differences between the proposals and the agreements between the vendors and the City. The written agreements include the preferred process and modifications. The proposals were attached so that you could: 1. See how the process evolved from the interview; and 2. See non - process information included in the proposals such as personal background, previous engagements, references, etc. The process would start with the surveying process this spring and then proceed to the strategic planning /goal setting process after the November elections. April 5, 2011 Page 2 Recommendation: The management staff and department heads recommend adoption of: 1. Resolution entering into the surveying services agreement between the City of Iowa City and the Thomas Group; and 2. Resolution entering into an agreement for Strategic Planning Services between the City of Iowa City and the Institute of Public Affairs, University of Iowa. 1 THE UNIVERSITY OF IOWA ipa January 6, 2011 L INSTITUTE OF PUBLIC AFFAIRS 100 THE 2 124 4 Grand Avenue Court l INIVERSIIY Iowa City, IA 52242 -2005 Fax 319.335.4401 OF IOWA Email: ipa- uiowa.org; jeff- schott@uiowa.edu January 6, 2011 Tom Markus City Manager City of Iowa City 410 East Washington Street Iowa City, IA 52240 Dear Tom: The Institute of Public Affairs (IPA) of The University of Iowa is pleased to submit this Proposal for Services/ Statement of Qualifications in response to your request at our meeting on December 21, 2010. We believe IPA is superbly qualified to accomplish these important activities and meet the requirements/ expectations of the City of Iowa City. Since 1949, IPA's mission has been to provide services and informa- tion-to strengthen the effectiveness and efficiency of local governments in Iowa — cities, counties, inter- governmental agencies — through facilitation of goal setting and strategic planning, educational programs and information, professional development, public management assistance, information and publications. By virtue of this experience and expertise, IPA is confident that we can provide quality services to enhance effective policy- making for the City of Iowa City. Our proposal for completing this assignment contains the following sections: 1. INTRODUCTION provides a brief overview of IPA. 2. QUALIFICATIONS describe IPA's expertise, experience, and resources directly relevant and available for these projects. 3. KEY PERSONNEL provides detailed information on the personnel who will be assigned to these pro- jects. 4. PROPOSED APPROACH provides our approach to the work and how IPA intends to provide the full range of services necessary to assure the correct, complete and timely execution of the projects to the satisfaction of the City of Iowa City. 5. PROFESSIONAL REFERENCES provides a list of professional references for IPA. 6. FEE We appreciate the opportunity to be considered for these projects. If you have any questions regarding our qualifications or need additional information, please do not hesitate to contact me. Sincerely, INSTITUTE OF PUBLIC AFFAIRS THE UNIVERSITY OF IOWA Jeff Schott Program Director 100 IPA 124 Grand Avenue Court Iowa City, IA 52242 319- 335 -7586 (office) 319 - 329 -6207 (mobile) ieff- schottr t:uiowa.edu ww1v. ipa- uioNN -a.ed u Since 1949, the Institute of Public Affairs (IPA) of The University of Iowa has served as a resource to local and state government officials by providing out- reach services relevant to the needs and tailored to the settings of governmental and community leaders. As part of the College of Law, IPA serves both as a re- source to local governments and as a link between policy makers and The Uni- versity of Iowa. MISSION The mission of the Institute of Public Affairs is to provide services and informa- tion that assist in maintaining and strengthening the effectiveness and efficiency of local governments — cities, counties, inter - governmental agencies — through facilitation of goal setting and strategic planning, educational programs and infor- mation, professional development, public management assistance, and publica- tions. FACILITATION The Institute provides skilled and experienced third -party facilitation in structured, but informal, sessions. Our approach involves active involvement of all partici- pants in issue identification and environmental scan, in -depth discussion and analysis of the key issues, setting strategic directions, determining priorities, and developing implementation plans. IPA frequently utilizes pre- session question- naires to session participants, key stakeholders, and other identified parties to assist with identification of issues, concerns, trends, opportunities, and initiatives. RESULTS IPA's long experience with this system has found that this process generates the following results: Issues /opportunities clearly identified A clearly defined set of goals and priorities Consensus on an action agenda Increased awareness and support Shared investment in successful outcome The Institute combines extensive knowledge and experience in gional governmental issues with significant successful experience sessions with elected officials, board and commission members, IPA has facilitated hundreds of goal setting, strategic planning, citizen engage- ment and similar sessions for city councils, county boards of supervisors, re- gional and state -wide organizations, economic development groups, and various other local government boards and commissions. IPA has also conducted citi- zen surveys in numerous Iowa communities. IPA has assisted statewide organi- zations such as the Iowa League of Cities, Iowa State Association of Counties, and the Iowa Association of Municipal Utilities ranging from overall strategic planning and governance to specific issue areas, staff training and professional development. IPA Program Director Jeff Schott, who will personally handle this assignment, has facilitated many such sessions. A representative sampling of recent goal set- ting sessions personally facilitated by Schott: City of Cedar Falls City of Ottumwa City of Coralville City of North Liberty City of Clinton City of Burlington City of Marshalltown City of Carroll City of Fort Madison City of Grinnell Johnson County Linn County Dallas County Other Facilitated Services City of Postville - long -term economic recovery planning; law enforcement/ minority community issues. Iowa League of Cities - strategic planning Iowa State Association of Counties - strategic planning City of Dubuque Code Enforcement - strategic planning City of Cedar Falls - North Cedar flood recovery planning Citizen Surveys City of Atlantic City of Manchester City of Indianola City of Hiawatha City of Marion Local Government Management Training City of Marion - Multi- departmental City of Marion - Police Department Command Staff City of Muscatine - Multi- departmental IPA is very proud of its record of client satisfaction. The following are some com- ments from recent IPA clients related to services facilitated by Program Director Jeff Schott: "The City of Cedar Falls had the privilege to utilize the services of the In- stitute of Public Affairs for our Goal Setting Session. Once again, the session resulted in a consensus of opinion amongst elected officials, re- lated to our collected vision for the City. Reaching a collective vision is not an easy task for elected officials but the facilitating techniques used by Institute of Public Affairs Program Director Jeff Schott allow all stake- holders to trust the process and ultimately buy into the results." Mayor Jon T. Crews, City of Cedar Falls "Over the past several years, the City of Sheldon and Sheldon Chamber and Development Corporation conducted their own in -house goal- setting sessions. This past year, Jeff Schott with the Institute of Public Affairs facilitated our meetings between the two organizations. We were able to reflect on the past accomplishments, set priorities for the next two years and develop a coordinated Action Plan for development between the or- ganizations. Jeff was able to tie together the priorities into an effective future action plan for the community. We definitely plan to utilize these services again in the near future." City Manager Scott Wynja, City of Sheldon "Mr. Jeff Schott served as the facilitator of our city's goal- setting session last August. In leading our self- study, he very effectively guided our think- ing and planning, involving all members of the council, as well as depart- ment heads. His general, opening comments set the bar for productive thinking, probing questions, and cooperative decision making taking us from the present into the future. His calm demeanor, sense of humor, and organizational skills were pluses. The final report from him —the sum- mation —was well written and captured the essence of our meeting. Per- sonally, I would recommend his leading future goal- setting sessions we hold." Steve Mullan, 4th Ward Representative, Newton City Council "The City of Hampton was very pleased with the Goal Setting Session which you facilitated recently. Your experience, knowledge, and profes- sional management of the session resulted in a productive and efficient use of the city's time. The strategies you utilized set forth a productive brainstorming session. Your follow -up report is an accurate reflection of the city's accomplishments and goals. Your services assisted our staff and elected officials in setting the course for Hampton. City Manager Ron Dunt, City of Hampton Jeff Schott is the Program Director of the Institute of Public Affairs at the Univer- sity of Iowa. In this capacity, he is responsible for delivery of the Institute of Pub- lic Affairs' organizational improvement programs to local government elected offi- cials and staff, including: Goal Setting and Strategic Planning Educational Programs and Information Professional Development Public Management Assistance Information and Publications From 1987 — 2006, Schott was City Manager for the City of Marion, Iowa, with extensive experience in general administration, budget/finance, human resource management, facilities planning and development, intergovernmental relations, and strategic planning. Schott served as Vice President for Economic Develop- ment with the Cedar Rapids (Iowa) Area Chamber of Commerce from 1986 — 87. He was also Community Development Director for the City of Marion, Iowa, from 1977 — 86, Planning Coordinator /Assistant Community Development Director for the City of Muscatine, Iowa from 1975 — 77, and Comprehensive Planning Coor- dinator for the City of Utica, New York from 1974 — 75. Schott received the prestigious Joe Lukehart Service Award from the Iowa City/ County Management Association in 2004 for outstanding contributions to the de- velopment and support of the city management profession in Iowa. He also re- ceived the State of Iowa Governor's leadership Award in 1983. He has served as President of the Iowa Chapters of the Iowa City /County Management Association and American Planning Association. He has served on the Board of Directors of both organizations as well as the Iowa League of Cities, Northeast Iowa Re- gional League, Priority One Economic Development Organization, Marion Eco- nomic Development Company (MEDCO), Area Ambulance Agency, Marion His- torical Museum, Inc., and numerous other local organizations and service clubs. As a "Range Rider' for both the International and Iowa City /County Management Associations, he provides assistance in the form of counseling, experience and support to the city management professionals in these organizations. Schott received his B.A. degree in Political Science from the State University of New York at Albany and his M.A. degree in Political Science from the University of Iowa. Publications: Iowa Municipal Policy Leaders Handbook, 2008 edition; articles in the monthly publications of the Iowa League of Cities, the Iowa State Association of Counties, and the Iowa County Conservation Board Association. IPA proposes to meet with the Iowa City City Council shortly after the November 2011 municipal general election in a work session to identify and prioritize the city's goals for the upcoming 24 month period. The process involves reviewing recent accomplishments, identifying issues /concerns /trends /opportunities that may impact the city, identifying on -going priorities, reviewing potential initiatives/ programs /policies for consideration for the upcoming period, providing a method for mayor /council selection of top priority initiatives /programs /policies to be im- plemented within the planning period. In addition, the session would include a component to enhance organizational effectiveness, performance and teamwork. IPA will provide a final written report summarizing the results of the session. IPA will meet with key staff approximately one week prior to the council session to obtain input to be used for the council's goal setting session. IPA will also provide goal setting facilitation services in a similar manner (including review of status of the 2011 priorities) shortly after the November 2013 municipal general election. The following items are attached to this proposal: • Draft agendas for both meetings • Draft letter of transmittal to the participants • Draft questionnaire to be distributed to the participants (Of course, these items are subject to revision after consultation with you). INSTITUTE OF PUBLIC AFFAIRS THE UNIVERSITY OF IOWA CITY OF IOWA CITY, IOWA DEPARTMENT HEADS MEETING DAY, DATE TIME LOCATION General overview of the goal setting process Discussion regarding City's major accomplishments (2009 -2011) Discussion regarding issues, concerns, trends, and opportunities Identification of city's on -going priorities Identification of programs, policies, projects, and initiatives for council consideration Discussion regarding organizational effectiveness Comments and questions 10 Agenda CITY OF IOWA CITY GOAL SETTING SESSION - 2011 Day, Date Time Location Introductions and Opening Comments Name, Tenure, and Background General Overview of the Meeting and the Goal Setting Process The Ground Rules for this session Review Recent City Accomplishments (2009 - 11) Review Issues, Concerns, Opportunities, and Trends Identify On -Going Priorities Programs, Policies, Projects and Initiatives Review Results of Questionnaire Ranking of Priorities Organizational Effectiveness Review Results of Questionnaire IPA Report to the Mayor and City Council — 2011 Goal Setting Process Development of Action Plan Importance of Quarterly Updates Questions, comments, and suggestions Honorable Mayor and City Council Goal Setting Session —Date The City of Iowa City's 2011 Goal Setting Session has been scheduled for Day, Date, at Time at Location. Enclosed for your review is a copy of the agenda for the meeting. A preliminary meeting with department heads is also scheduled for Date, at Time at Lo- cation. An agenda for this meeting is also enclosed. Also enclosed is a questionnaire we ask that you complete in advance of the goal setting session. Please return your completed questionnaire to Tom Markus at City Hall by Day You will be provided a summary of the results of the questionnaire at the meeting. At the session, you will be asked to review this report and offer any explanations, clarifica- tions, revisions, deletions, and additions. You will also have the opportunity to add pro- jects or concepts, combine items, and make revisions prior to the ranking process. The items on the list will then be prioritized at the session. It is very important that the Mayor and all Council Members attend the Goal Setting Ses- sion in order for the process to be valid and useful. If you are unable to attend the meet- ing, please notify Tom Markus as soon as possible. If you have any questions, please feel free to contact Tom Markus or me. tacted at 319 - 335 -7586 or by e -mail at Jeff- schott�a`uioN�a.edu 12 CITY OF IOWA CITY GOAL SETTING SESSION — 2011 Introduction The City of Iowa City's Goal Setting Session will be held on Day and Date, Location, with a pre- liminary meeting with staff on Day and Date. The purpose of the session will be to identify and prioritize the City's overall goals and objectives for the next two years. In order to prepare for this session, you are requested to identify key issues and potential objec- tives that will be reviewed and discussed at the session. Please complete all sections of this ques- tionnaire. If you need additional space, please feel free to attach additional page(s). Major Accomplishments Please list the major city accomplishments over the past two years. These accomplishments could be as large as a street project or as simple as a newly adopted city policy. The items do not need to be in any particular order. Issues, Concerns, Trends, and Opportunities Please list specific issues, concerns, trends and opportunities that affect future city services, poli- cies, finances or operations (for example, loss of population, major new economic development success, employer or resolving a policy question). You do not need to identify potential solutions to your concerns. 13 Significant Initiatives or Programs Please list any initiatives, programs or policies that you think the City should consider in the next two years (for example, downtown revitalization, updating employee job descriptions, adopting a sewer rates, etc.) Organizational Effectiveness Please list several things that the Mayor /City Council and/or staff could do in the future to im- prove organizational effectiveness, decision - making process, teamwork and the ability to accom- plish the City's stated goals and objectives. Return of Questionnaire Please return this questionnaire to Tom Markus by Day and Date. 14 In consultation with city officials, IPA proposes to develop a survey instrument for a mail -in random - sample citizen survey. IPA will consult with City officials to identify and review the information and questions for the survey instrument. IPA will assist the City in determining the sample size and the method for selecting the sample respondents. IPA will tabulate the survey responses and provide the City with the tabulated results in Excel spreadsheet format. IPA will present the results in PowerPoint format and provide analysis of the survey at a City Council meeting as determined by the City, IPA will hold additional meetings with City staff and /or City Council on this project as requested by the City. The following items are attached to this proposal: Example of citizen survey questionnaire (City of Atlantic) 15 ATLANTIC CITIZEN SURVEY The Atlantic City Council would like to find out what Atlantic citizens think about various issues facing the city. You have been selected as part of a random sample of Atlantic residents to take part in an opinion Please take a few minutes to answer the attached questionnaire. Please return the completed ques- tionnaire to the Institute of Public Affairs using the attached self- addressed stamped envelope by June 23, 2010. Thank you for your assistance. Doug Harris City Administrator 16 I. OPINION QUESTIONS Please respond to each statement whether you agree, disagree, or have no opinion. AGREE DISAGREE NO OPINION I enjoy living in Atlantic. Atlantic should provide more financial support for commercial and industrial development activities. Atlantic should adopt a policy of more aggressive code enforcement (Junk cars, tall grass, property maintenance, etc.) Atlantic should provide building inspection services to assure compliance with building & safety codes. Atlantic needs to put more resources into the maintenance of existing parks. I feel safe in my neighborhood. Atlantic should invest more in city beautification projects. 8. Atlantic needs additional parking downtown 9. Atlantic should invest in new parks and recreational facilities. 11. The Mayor and Council meet the expectations of the citizens of Atlantic. 11. Atlantic should adopt a 4% motel / hotel tax 12. Atlantic should adopt a 7% motel / hotel tax 13. How do you think the revenues from a hotel /motel tax should be used? a. % for maintaining existing parks & trails b. % for new parks, trails and bike paths C. % for creating a visitors and tourism bureau d. % Other (please explain) 100% Total 17 11. QUALITY OF SERVICE Please rate the quality of each of these services: VERY NOT VERY UNSURE/ SATISFIED SATISFIED SATISFIED DISSATISFIED NO OPINION Airport Animal Control Brush/Yard Waste Facility Building Inspection Code Enforcement Fire Department Library Parks & Recreation Planning & "Zoning Police Department Sanitary Sewer Snow Removal Street Repair Storm Water Drainage City Web Site City Administration Overall City Services 18 III. CAPITAL IMPROVEMENTS PRIORITIES The City annually develops a five -year capital improvements program. What priority do you give the following infrastructure im- provement projects? HIGH MEDIUM LOW DO NOT NO PRIORITY PRIORITY PRIORITY FUND OPINION Street Improvements: Residential Streets Street Improvements: Major Streets Traffic Control Improvements Sanitary Sewer Improvements Storm Sewer/Drain- age Improvements New Schildberg Quarry Rec. Area Improvements to Existing Parks Hiking/Biking Trails Library Sidewalks City Beautification - Entrances to City Additional Downtown Parking Airport Improvements City Hall / Police Station 19 IV. OPEN -ENDED QUESTIONS What are the things you like most about Atlantic? What are the things you like least about Atlantic? In your opinion, what are Atlantic's highest priori , needs? PT V. BACKGROUND Please provide some basic background information: In which precinct do you vote? I" Ward 2nd Ward 3rd Ward 4`h Ward 5th Ward Other /Don't know Please indicate your sex: Please indicate your age group: 18 to 24 years 25 to 34 years 35 to 44 years Type of Residence: Single - family Condominium Apartment Manufactured Home Other: Male Female 45 to 54 years 55 to 64 years 65 years and over How many years have you lived in Atlantic? Years If you have moved to Atlantic, where did you live before? Cass County (outside of Atlantic) Elsewhere in Iowa (outside of Cass County) Outside of Iowa (Name of State Always lived in Atlantic Where are you employed? Atlantic Cass County (outside of Atlantic) Outside of Cass County Student Unemployed Retired Other 21 Do you have a computer with Internet access? (Please check all that apply): At Home At Work No Internet Access Are you interested in news or information about Atlantic city government? Yes No How do you usually get news or information about Atlantic city government? (Please check all that apply.): Atlantic Telegraph Newspaper Contacting city officials City website City meetings Conversations with friends or family Local Access Television Radio news Other (Please specify) 22 THANK YOU FOR YOUR COOPERATION IN COMPLETING THIS QUESTIONNAIRE. PLEASE RETURN TO: INSTITUTE OF PUBLIC AFFAIRS 124 GRAND AVE COURT 100 IPA IOWA CITY, IOWA, 52242 BY June 23, 2010 A SELF - STAMPED AND ADDRESSED ENVELOPE IS ENCLOSED FOR YOUR CONVENIENCE. 23 The Institute of Public Affairs is now offering a new Local Government Manage- ment Training program. These training sessions are intended to provide basic information on essential local government administrative issues for city staff newly promoted or appointed to key positions, or for those preparing for such positions (or even "veteran" staff members). This eight hour training program is delivered at the client's site in two 4 -hour blocks, preferably in consecutive weeks. Session #1: Principles of Effective Management, City Organization, Roles and Responsibilities of Mayor /Council /Staff, council meeting basics, presentations to council, and municipal services. Session #2: Finance and Budget, Purchasing, Risk Management/Insurance, Human Resources Administration, Policy and Program Development and Administration, and Career Planning. The training can be provided just for one department or jointly for a number of departments. To promote discussion and interaction, class sizes are limited to not more than sixteen persons and include a series of practical exercises based on real life scenarios. A minimum of ten employees is needed to hold the class. 24 The Institute of Public Affairs prides itself on our excellent client relationships and encourages you to call any or all of these references. Upon request, IPA would be happy to provide a complete list of clients served in the last several years. Kelly Hayworth City Administrator City of Coralville PO Box 5127 Coralville, Iowa 52241 319- 248 -1700 khayworth(a)-ci. coralvil le. ia. us Richard McAlister Director of Administrative Services City of Cedar Falls 220 Clay Street Cedar Falls, Iowa 50613 319- 268 -5117 richard .mcalister(ir)cedarfalls.com Alan Kemp Executive Director Iowa League of Cities 317 Sixth Avenue, Suite 800 Des Moines, IA 50309 515- 244 -7282 Alan Kemp(aDiowaleague.org Joseph Helfenberger City Administrator City of Ottumwa 105 East 3rd Street Ottumwa, Iowa 52501 641 - 683 -0607 helfenberger(crD_ci.ottumwa. ia. us 25 The fee structure for the various activities is as follows: Goal Setting - 2011 Council goal setting session Preliminary session with key staff Goal Setting - 2013 Council goal setting session Preliminary session with key staff Citizen Survey Note: The City will be responsible for printing and distributing /mailing the survey, the inclusion of self- addressed, stamped envelopes with the survey instruments, preparing a list of Water Department or equivalent customers for the survey sam- ple and office supplies related to the survey. Local Government Management Training One set of two four -hour training sessions. The City will provide appropriate fa- cilities for the goal setting and training sessions, to include computer and video projector for display of PowerPoint presentations. The City will provide appropri- ate facilities for the goal setting and training sessions, to include computer and video projector for display of PowerPoint presentations. In the event the City contracts with IPA to perform all of the activities listed above, the total fee will be reduced to $10,000. 26 „-I . Z/1 AGREEMENT FOR STRATEGIC PLANNING SERVICES This Agreement, made and entered into on this __ day of , 2011, by and between the City of Iowa City, Iowa (her ' after referred to as "Client” or "City ") and Institute of Public Affairs, of the University of 10a, (hereinafter referred to as "IPA "), is for the providing of strategic planning services I. The parties hereto agree to A. Services and 1. Overview set forth herein. following provisions: IPA shall conduct focus group with Iowa City staff and the City Council to identify and prioritize the city's goals and s ategics for the upc ming two to four year period. The process involves reviewing rece t accomplishme s, identifying issues /concerns /trends /opportuni 'es that may im act the city, identifying on -going priorities, reviewing potential init upcoming period, providing a me initiatives /programs /policies to be i the sessions would include a comp( performance and teamwork. IPA's Director of IPA. 2. Facilitation of focus groups ;rarAs/policies for consideration for the y /council selection of top priority d within the planning period. In addition, ance organizational effectiveness, shall be provided by Jeff Schott, Program The City will contract separately with The Nomas Group for a citizen survey. A copy of the City's contract with The Thomas Jr___ is attached hereto as Exhibit "A ". IPA agrees that The Thomas Group will conduct th survey services necessary for IPA's subsequent services hereunder, And agrees to Ark cooperatively with The Thomas Group to facilitate the successfj l provision of se ices by both parties to the City. In September and October of2011, with the survey esults as background, the IPA will meet with City staff in 2 -h(�r focus groups to identi goals for the next two to four years and determine strategies td meet those goals. There w 1 be two tiers of focus groups — one for line staff, and on `for division heads and depa \iParagraph Prior to those sessions, IPA will provie a questionnaire to be forwacus group participants by the City to solicit inkut with respect to items descr Al above. The participants will return the completed questionnaires tulation prior to holding the focus grolaps. Four 2 -3 hour sessions will be provided for line staff, with no more tPran 20 people per session. Participation will be voluntary; therefore the number of sessions will depend on interest, but be no more than four. If interest is high, individuals will be chosen based on their work unit in an effort to obtain diversity and cover the spectrum of departments in the organization. This is an opportunity for those people who are direct service providers to provide their insights on the priorities of the organization for this time period. The SWAT analysis done previously by the executive staff, the survey results, and the information obtained from the pre - session questionnaires will be used as background for these sessions. / Similarly, four 2 -3 hour sessions will b Attendance requirements will be Bete attempt to have representation fi-om di organizational thinking, rather than fo SWAT analysis done previously by the obtained from the pre - session questiom groups will be used as background for 1 provided for department and division heads. ned by the City Manager. Each session will ;rent departments to encourage broad Sing on particular departmental goals. The !xecutive staff, the survey resu�is, the information tires and the outcomes of theme staff focus ese sessions. After the election in November, the City ] members, will have a minimum of two 2- for the City organization, stating the value goals and strategies for the coming four y a questionnaire to be forwarded by the Ci with respect to items described in Paragra completed questionnaires to IPA for tabu] results of the survey, the pre - session ques groups, and the SWAT analysis would see 3. Deliverables and Fees ,uncil, including newly lected Council ur sessions devoted t articulating a vision which will guide the /b'rganization, and setting rs. Prior to the first session, IPA will provide to the 2012 City Council team to solicit input A 1 above. The participants will return the on prior to holding the focus groups. The aires as well as the work of the staff focus as a starting point for this discussion. At each step in this process, the results of the evious step will be compiled and formed in a document to be used by the participants o e next step. Finally, the City Council will be able to adopt a vision and values statem t and a strategic plan for 2012 -2016 prior to consideration of the budget for 2012. All documents will be delivered electronically, wi�h one hard copy to the City Manager. Deliverables (timeline assume Citizen Survey Ana ysis and Report done under separate contract is completed and del ered to City and TPA y August 1, 2011) Conclusions of line staff Conclusions of City Council Sessi groups 30, 2011 mgmt. focus groups Ndiv. 1, 2011 Draft Strategic Plan/Document *Nov. 2, 20111 — December 15, 2011 Jan. 212012* Final Strategic " Document Jan. 20, 2012* *dependent on Council schedule Fees — IPS shad be paid $3000 for all services upon delivery of ie final strategic plan document. B. General Terms A. The IPA shall not commit a of the following employment practices and agrees to prohibit the following pr tices in any subeontraIcts. 1. To discharge or refuse to hire any individu 1 because of their race, color, religion, sex, national o gin, disability, age, arital status, gender identity, or sexual orientation. 7 2. To discriminate against airy individual in t rms, conditions, or privileges of employment because of 41eir race, col , religion, sex, national origin, disability, age, marital status gender identi y, or sexual orientation. B. Should the City terminate this Agreement e Consultants shall be paid for all work and services performed ups:, to the time of termination. The City may terminate this Agreement upon seven (7) c endar days' written notice to IPA. C. This Agreement shall be binding uppn t e successors and assigns of the parties hereto, provided that no assignment sh 11 be without the written consent of all Parties to said Agreement. D. It is understood and agreed that thee ention of IPA by the City hereunder shall be as an independent contractor. E. It is agreed by the City that all records a► d files pertaining to information needed by the Consultants for the project shall b available by said City upon reasonable request to the Consultants. 'Me,, City agree to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agre ment shall perform contrary to any state, federal, or local law o, any of the ordinances of the City of Iowa City, Iowa. G. At the request of the Cit ; IPA shall attend me ings of the City Council relative to the work set forth in'te Agreement. Any re nest made by the City shall be given with reasonable r,�tice to IPA to assure atten ance. i H. IPA agrees to furnish; upon termination of this Agr ment and upon demand by the City, copies of 11 basic notes and sketches, chants, computations, and any other data prepared r obtained by IPA pursuant to thi Agreement without cost, and without restri ions or limitation as to the use relive to specific projects covered under thi Agreement. In such event, IPA shall, not be liable for the City's use of suc documents on other projects. I. IPA agrees that /where practical to furnish reports, specifications, and drawings, with the seal ofo professional affixed thereto or such as required by Iowa law. J. The City agrees to tender IPA all fees in a timely manner, excepting, however, that fail of IPA to satisfactorily perform in accordance with this Agreement shall con 'tute grounds for the City to withhold payment of the amount sufticieirt to properly mplete the Project in accordance with this Agreement. K. Should any "on of this Agreement be found invalid, it i agreed that the remaining poi'oon shall be deemed severable from the in slid portion and continue in full�orce and effect. L. Original contract I rawings shall become the property of tbg� City. IPA shall be allowed to keep rept±oducible copies for its own use. / M. Fees paid for securink approval of authorities having j . iction over the project . will be paid by the Citt t N. Upon signing this agre ent, IPA acknowledges th Section 362.5 of the Iowa Code prohibits a City o c er or employee from g an interest in a contract with the City, and certifies ' no employee or o eer of the City, which includes members of the City Coun 1 and City boards commissions, has an interest either direct or indirect, in t4s agreement, that oes not fall within the exceptions to said statutory provision en erated in Io Code Section 362.5 O. IPA shall assume responsibih fiar and i emnify and hold City harmless from all claims, damages, and/or 1' bility, i lading resonable attorney fete, arising from IPA's services hereunder the fill extent permitted by Chapter 669, Code of Iowa (2009). Provided, bow er,�• IPA shall not be responsible, indemnify, or hold City harmless for dam rsulting from the City's negligence. The IPA will provide to the City a Certifi to of Self-insurance in a form to be reviewed and approved by the City. INSTITUTE OF PUBLIC AFFAIRS by nptP ,3, THE CITY OF IOWA CITY, IOWA by: Approved by 7 . - J. Ha k, Mayor A17EST: Marian K. Karr Date City Attorney's Office 1 Clerk i i i i• �4� M21 Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240 319/356 -5030 RESOLUTION NO. 11 -118 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT FOR SURVEY SERVICES BETWEEN THE CITY OF IOWA CITY AND THE THOMAS GROUP. WHEREAS, City Council desires to engage in strategic planning, a component of which is a citizen survey; WHEREAS, City staff and the Thomas Group have negotiated an agreement for survey services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, AS FOLLOWS: 1. The Mayor is authorized to execute and City Clerk to attest the attached agreement in duplicate. 2. The City Clerk shall forward one copy of the fully- executed agreement to the Thomas Group. 3. Payment for said services shall be from Account #1000 - 412100 - 432080. Passed and approved this 5th day of April 2011. MAYOR ATTEST: CI CLERK A ro� City Attorney's Office1 _�� Resolution No. 11 -118 Page 2 It was moved by Bai i ey and seconded by Wright _ the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey g Champion x Dickens X Hayek x Mims x_ Wilburn x Wright wpdata /glossary/resolution - ic.doc SURVEY SERVICES AGREEMENT This Agreement, made and entered into on this `V day of 2011, by and between the City of Iowa City, Iowa (hereinafter referred to as "C ent" or "City ") and The Thomas Group (hereinafter referred to as "Thomas Group" or "Consultant'), is for the providing of consulting services as set out in the Contractor's proposal attached hereto as Exhibit "A ". I. The parties hereto agree to the following provisions: A. Services and Compensation: The Thomas Group shall provide the services and City shall pay the fee as set forth in the attached proposal. Execution of this contract by the City shall be considered written approval and notice to proceed by the City. City shall assist The Thomas Group in obtaining a list of registered Iowa City voters from the Johnson County Commissioner of Elections. Any cost for said list shall be paid by The Thomas Group. The Thomas Group understands that the Report of Survey will be used by the Institute of Public Affairs ("IPA"} to provide strategic planning services to the City under the contract attached hereto as Exhibit `B ", and agrees to work cooperatively with IPA to facilitate the successful provision of services by both parties to the City. The fee of $9,640.00 shall be paid to The Thomas Group by the City as follows: $2,000.00 within 10 days of the City's execution of this Agreement; balance due upon delivery of the Report of Survey to City. B. General Terms A. The Consultant, shall not commit any of the following employment practices and agree to prohibit the following practices in any subcontracts. 1. -To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual ... orientation. B. Should the City terminate this Agreement the .Consultant shall be paid for all work and ' services performed. up to the .time of termination. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultants. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement.. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Parry to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in the Agreement. Any request made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. I. The Consultant agrees that where practical to furnish reports, specifications, and drawings, with the seal of a professional affixed thereto or such as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable form the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep reproducible copies for the Consultant's own use. M. Fees paid for securing approval of authorities having jurisdiction over the project will be paid by the City. N. Upon signing this agreement, Consultant acknowledges that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Iowa Code Section 362.5 O. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions to the City in the sum of $1,000,000. THE THOMAS GROUP by: THE CITY OF IOWA CITY, IOWA by: Approved by i City Attorney's Office Thomas Pippl�,--Oht ing Title: Date `fL., 2--e / 40A-, Matthew J. Hayek, MKyX ATTEST: J Mari n K.-Karr, City Clerk ' r_N(V4 �_ 't A' t THE TROJORS GROUP The Thomas Group Overview The Thomas Group is a research and public opinion firm organized in Oregon in 1993 by Tom Pickering after a successful career in commercial banking. Since 2007, the company has been located on the Oakdale Campus of the University of Iowa. This is a family business with a team of independent associates who have more than 100 years of combined professional experience developing and Implementing solutions for a diverse group of clients. We have an excellent reputation among those clients that include government entities, not - for - profits, and small businesses. We provide high quality service by the most cost effective means. Associates are selected for projects based upon their areas of expertise and each one has a minimum of 15 years of experience. One of our ongoing project goals is to provide a level of improvement in the quality of life for those we serve. Project Methodology The City is seeking opinions of citizens and business owners that will provide information to the City Council of Iowa City in its currently ongoing, priority- setting process and strategic planning. Results of the survey may be used for City Council deliberations on revenue allocation, priority setting, determination of relative satisfaction with services, input on other issues, and to provide benchmarks for future surveys and performance feedback and monitoring. In our experience we have found telephone surveys to be the most efficient and effective method of gathering public opinion. There are other options. 1. Direct Mail - This option requires significant materials cost for paper and postage. It is labor intensive due to manual recording of responses and auditing documents. A minimum of 30 days is required to receive returned surveys increasing the amount of time to complete the project. The response rate for mail -in surveys may also be quite low relative to telephone surveys. 2. Website Surveys - This method is generally favored by younger adults thus Ignoring a major sector of the community. There are those who will not respond to computer generated requests for information because of privacy concerns. Survey results may not be statistically valid. We propose conducting a two part telephone survey: Part One; Iowa City business owners and Part Two; Iowa City citizens. Either part of the survey will be designed to take approximately five minutes to complete. An outside vendor will provide a list of land line and cell phone numbers of citizens and businesses in Iowa City. Using random sampling we will obtain 360 resident and 50 business responses for a confidence level of 95 %. Survey Methodology We tailor the survey to meet the goals of the client community. Every community has different needs as to content and complexity in their survey. None of our surveys are `off the shelf." Survey questions will be developed in collaboration with City staff. Questions will be Included to report the desired demographic characteristics of respondents and data will be weighted, if necessary, to meet the survey goals of the City. Report of Surrey Findings The Report of Survey Findings will contain an Executive Summary that will include both conclusions and recommendations. Analysis of survey responses will be presented for each survey question. Cross tabulation analysis of responses will be presented where findings are significant. Proposed Project Schedule We will conduct the survey through the following phases and related timelines: Pro ect Phase Timeline 1. Survey Preparation 10 days 2. Survey Execution 15 days 3. Survey Data Analysis 5 days 4. Report Preparation 5 days 5. Report Presentation 1 day Total Project Duration 36 da s We will complete the project within 36 days from the date we receive written approval from the City. Total project cost, including staff time, and materials will be $9,460.00. This cost assumes that surveys will be conducted by telephone for up to 5 minutes per survey call. Experience and References City of Ottumwa - 2008 The Thomas Group conducted a statistically valid survey of Ottumwa's registered voters to determine community support of issues identified by the City to assist the Council in developing a strategic plan. Reference: Joseph Helfenberger City Administrator City of Ottumwa Ottumwa, Iowa 52501 641 -683 -0607 541 - 664 -3321 ext. 210 City of Medford, Oregon - 2008 The Thomas Group conducted a statistically valid telephone survey of registered voters to determine the level of voter support for a property tax levy with revenues to be used to expand library services. Reference: Michael Dyal City Manager Medford, Oregon 97501 541- 774 -2002 Thomas Pickering Thomas Pickering founded The Thomas Group in 1993 after nearly thirty years in the banking Industry where his assignments included Director of Marketing, Corporate Planning, and Bank Compliance Divisions for the American Bankers Association (ABA) in Washington, DC, as well as President and Chief Executive Officer of an independent bank In Southern Oregon. While with the ABA he directed and managed national research studies concerning the needs of more than 14,000 banks in the United States as well as satisfaction studies of bank customers. He also directed and developed educational programs and information materials designed to Insure regulatory compliance with federal consumer regulations. In 1986 Tom was elected CEO of the former Central Point State Bank, a financial Institution with negative earnings, declining community support, low employee morale and no business plan. He developed, through a systematic teambuikiing approach and marketing strategy, an organization that was selected Outstanding Small Business by Oregon Business magazine. As Executive Vice President of Sunwest Bank in Gallup, New Mexico, Pickering organized an economic development entity gathering together local citizens representing various community Interests, including local government and developed a strategic plan. He successfully raised more than $200,000 for the first year of operation. Pickering attended the University of Iowa. He has served on the boards of several non - profits including the Southern Oregon Historical Society and Dogs for the Deaf. AGREEMENT FOR STRATEGIC PLANNING SERVICES This Agreement, made and entered into on this day of , 2011, by and between the City of Iowa City, Iowa (hereinafter referred to as "Client" or "City ") and Institute of Public Affairs, of the University of Iowa, (hereinafter referred to as "IPA "), is for the providing of strategic planning services as set forth herein. I. The parties hereto agree to the following provisions: A. Services and Compensation 1. Overview IPA shall conduct focus groups with Iowa City staff and the City Council to identify and prioritize the city's goals and strategies for the upcoming two to four year period. The process involves reviewing recent accomplishments, identifying issues /concerns /trends /opportunities that may impact the city, identifying on -going priorities, reviewing potential initiatives /programs /policies for consideration for the upcoming period, providing a method for mayor /council selection of top priority initiatives /programs /policies to be implemented within the planning period. In addition, the sessions'would include a component to enhance organizational effectiveness, performance and teamwork. IPA's services shall be provided by Jeff Schott, Program Director of IPA. 2. Facilitation of focus groups The City will contract separately with The Thomas Group for a citizen survey. A copy of the City's contract with The Thomas Group is attached hereto as Exhibit "A ". IPA agrees that The Thomas Group will conduct the survey services necessary for IPA's subsequent services hereunder, and agrees to work cooperatively with The Thomas Group to facilitate the successful provision of services by both parties to the City. In September and October of 2011, with the survey results as background, the IPA will meet with City staff in 2 -hour focus groups to identify goals for the next two to four years and determine strategies to meet those goals. There will be two tiers of focus groups — one for line staff, and one for division heads and department heads. Prior to those sessions, IPA will provide a questionnaire to be forwarded to the focus group participants by the City to solicit input with respect to items described in Paragraph A 1 above. The participants will return the completed questionnaires to IPA for tabulation prior to holding the focus groups. Four 2 -3 hour sessions will be provided for line staff, with no more than 20 people per session. Participation will be voluntary; therefore the number of sessions will depend on interest, but be no more than four. If interest is high, individuals will be chosen based on their work unit in an effort to obtain diversity and cover the spectrum of departments in the organization. This is an opportunity for those people who are direct service providers to provide their insights on the priorities of the organization for this time period. The SWAT analysis done previously by the executive staff, the survey results, and the information obtained from the pre- session questionnaires will be used as background for these sessions. Similarly, four 2 -3 hour sessions will be provided for department and division heads. Attendance requirements will be determined by the City Manager. Each session will attempt to have representation fi-om different departments to encourage broad organizational thinking, rather than focusing on particular departmental goals. The SWAT analysis done previously by the executive staff, the survey results, the information obtained from the pre - session questionnaires and the outcomes of the line staff focus groups will be used as background for these sessions. After the election in November, the City Council, including newly elected Council members, will have a minimum of two 2 -hour sessions devoted to articulating a vision for the City organization, stating the values which will guide the organization, and setting goals and strategies for the coming four years. Prior to the first session, IPA will provide a questionnaire to be forwarded by the City to the 2012 City Council team to solicit input with respect to items described in Paragraph A 1 above. The participants will return the completed questionnaires to IPA for tabulation prior to holding the focus groups. The results of the survey, the pre - session questionnaires as well as the work of the staff focus groups, and the SWAT analysis would serve as a starting point for this discussion. 3. Deliverables and Fees At each step in this process, the results of the previous step will be compiled and formed in a document to be used by the participants of the next step. Finally, the City Council will be able to adopt a vision and values statement and a strategic plan for 2012 -2016 prior to consideration of the budget for 2012. All documents will be delivered electronically, with one hard copy to the City Manager. Deliverables (timeline assumes Citizen Survey Analysis and Report done under separate contract is completed and delivered to City and TPA by August 1, 2011) Conclusions of line staff focus groups Sept. 30, 2011 Conclusions of exec/middle mgmt. focus groups Nov. 1, 2011 City Council Sessions *Nov. 2, 2011 — December 15, 2011 Draft Strategic Plan Document Jan. 2, 2012* Final Strategic Plan Document Jan. 20, 2012* *dependent on City Council schedule Fees — IPS shall be paid $3000 for all services upon delivery of the final strategic plan document. B. General Terms A. The IPA shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or. refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement the Consultants shall be paid for all work and services performed up to the time of termination. The City may terminate this Agreement upon seven (7) calendar days' written notice to IPA. C. This Agreement shall be binding. upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of IPA by the City hereunder shall be as an independent contractor. E. It is agreed by the City that all records and files pertaining to inforination needed by the Consultants for the project shall be available by said City upon reasonable request to the Consultants. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request 'of the City, IPA shall attend meetings of the City Council relative to the work set forth in the Agreement. Any request made by the City shall be given with reasonable notice to IPA to assure attendance. H. IPA agrees to funiish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by IPA pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, IPA shall not be liable for the City's use of such documents on other projects. 1. IPA agrees that where practical to furnish reports, specifications, and drawings, with the seal of a professional affixed thereto or such as required by Iowa law. J. Tho City- agre,,1,3 to tondcT IPA all fees in a finloly mmner, Cxceptifig" h0weva, that failtire of IPA to satisfilda.djy ptr(k)rtu in a�xwrdvtace with this Agreement shall constitute &-ounds for the City to withhold lwyawnt of fliv eanount stifficient to properly complete the Pfoject in aocardawe with this Agreein K. Should any section of this Agroomez-A be fatind invalid, it is any that the remaiwng portion shall be deerned severable from the invalid portion and continu. e in full form and effect. L. Orional contract drav✓ings shall bu-come the property of the City. IPA shall be allowed to keep reproducible copies for its own use. M. Fees paid for securing approval of authorities ha'ong jurisdiction over the project I will be paid by the aly. N. upon signing this agreement, WA acknowledges that Section 362.5 or the Iowa Code prohibits a City offices or eml *)Ioyee from having an interest in a contract with the City, and certifies that no employee or officer of the City, Which includes members of the City Council and City boards, and commissions, has an interest either direct or indirect, in this ajoeement, that does not fall within the exceptions to said statutory provision enumerated in Iowa Code Section 362.5 O. IPA shall assume responsibility for and indemnify and hold City hannIess from all claims, damages, and/or liability, including "e onable attorney fm, arising from IPA's services hereunder to the full extent permitted by "Chapter 669, Code of Iowa (2009). Provided, however, that IPA shall not be responsible, indernnify, or hold City harmless for damage resulting from the City's negligence. The IPA will provide to the City a Certificate of Self Insurance in a form to be reviewed and approved by the City. INSTITUTE OF PUBLIC AFFAIRS by: THE CITY OF IOWA CITY, IOWA try: M,96hott, Program Director Date ":flm Matthew J. Hayek, Mayor Approved by A"T"TEST: Marian K. Kane� City Clerk Date City Attorney's Office