Loading...
HomeMy WebLinkAbout2012-09-04 Resolutionmt 0 2d Prepared by: Sara Sproule, Asst. Controller, & Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240, 319 - 356 - 5088/5138 RESOLUTION NO. 12 -402 RESOLUTION APPROVING THE CITY STREET FINANCIAL REPORT FOR THE FISCAL YEAR ENDING JUNE 30, 2012. BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the City Street Financial Report for the period beginning July 1, 2011, through June 30, 2012, be approved. Passed and approved this 4th day of September , 2012. ATTEST: 44,0�ld CITY CLERK MAYOR k� Approved by City Attorney's Office It was moved by Champion and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns _ x Hayek x Mims x Payne x Throgmorton Q CL •V` A._ ,^ co cu O co 3 O o — U C � 7 C o > O d N � p J N c p N 7 M N ._ (D o r O T � m E 4d m ,. o .. 4w 0) 011 Ri iI1 Z O w .� (� O co N CD o N a) O T N ++ N O O E U M 2 n O LL O C N U r� O O O Z U Q. V) O cv O N_ E E c N N T t Lo O_ O N a V Q.OJLo N � Q uo o Q CD cu E0 �I o �°oa cu 6 C r O c V c 0 U 00 M N kn V") M M 00 00 kn 0 M a bA O Cd ._O\ V _N O CL N O N N l+" U a 0 cd 3 W � o E O O ) L c0 Y C fQ f0 ad ( ►) Y N U U 7 cu C O) m O T a) 7 cu C m r � App: E 4d m ,. o .. 0) 011 Ri iI1 L c0 Y C fQ f0 ad ( ►) Y N U U 7 cu C O) m O T a) 7 cu C m N i N O N v cCl) O O o H U m M O 0 � O L M U r CO) Z 0 N to N N 7 _ w a O Z) Oy T ai � LL N E 7 7 LL O X O O of U � H C c V'i a% ar ID +j N E N O y 00 N ), E N LL y L UU) O � � n U O M C tll L N �--wQ E w 3 Lo O - O o E N m O. LL �> O co 0 U M cu E° O O N O z O L � •' Z UCl) O N C N to EEC z G cn 7 0 c W) 0 � a U O +j U r1 O 0 m o O E D 7 cl � a LL- H V) V'i O ID +j N E N O y 00 N ), E N y L UU) O � n U O M Q.00 JO Lo N �--wQ Lo O - o E N OQ O. LL U M cu z O of 00 N 00 O N N of 00 00 "t O co N J � O � O = O d O U C Q U d '= U � N W a V) V'i l- ID O, N O� 00 M N 00 'n M O oo O. oo rh M M d;: 00 N I O ono r w'-4 x LL. a� cn cn E o m q F— I x t6 N cn O 1 i = _c to W a) O o w � cn � W > r + o m Z W '`� cn a N F U Cll v vi 'n N ti Q C cn co 'C Q O O U � U N O -6 N fQ —0 C d lC C o 0 F- -� - 0 a U) L LL Z = O- h J -� r N co V" LO (D ' i- 06 U N O N �W ^�^ ° a° cq LL A� W L Cl) II 0 (C N .Q E Z U n M 0 Q N F- 4- 0 i- y N � E O y N ), Vim° (� r U O Cl O Lo N E0 CD � E- L°LOQ z Q � v G U) M x W C W A� W W N 0 V N N N :3 N n 0 O (D U N N LD c O •�-• l� M r- N N E N >. oo N 5 2 00 r = O r- r- 'c7' 00 00 �!1 M O O r- N N N L C aK .c C O L(7 m m O C U N U) N N O U} Q% C t� m U P .� E cz to o v i Y a� as O � � � � Cd C Cd Q •y `/ y O w %r� ° °> c� ° `n ° a G ai a oA V in Y Q x � o a O� > w w c4 a a: CA 1:4 a 00 F� N M N O N M It O N 't W) N N ■Im O C C iL W LJ r_ O O ra N C O i-+ N N _ E E O N N T t v� O n �o Q.°o0°n N n oQ cC E 0 Ui0Q N N ca Q J C ea N Z N MQ W g l- O �n '0 01 �0 N 00 00 �c - �N - O N Cl vl = N O l— N N 1.0 M O 00 r- O d' O O O O O O O O O (E O O O O O O O O O O O O O N 00 l— M In V O M N M M M O *+ C 00 a0 N 00 O all�iy\�r' ?. m O, �o 00 O l� �D [� Vl N O l� 00 M _N rq 00 M o0 00 N M ftS, M t` to N O Wi 00 O_ N 'D 00 N- C- _ (-_ .-• v� N a0 t` O V O l� N M N �Y M M V' 7 I I I I I O C, C> O NN NN N O OIN Ii--' 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M I O O O O � l0 t I 1 l M i�N A I M I [- I N I M I S 101 1 N 1 h I cn I cn I-zt M 10 00 N M Vl l— 00 O\ C" O N N O O O O O O O O O O (E O O O O O O O O O O O O O 01 O = 00 a0 N 00 O m ur ❑ C C Q Q Q G C C C Q q O O O O O O O O O O O O y U U V U U U U U U U U U i0r i0ir.. a U U U U U U U U U U U U bq by by by by b0 W bA by by by b0 lu c C c C c O O O O O O O O O O O O O by to d0 b0 b0 by b0 bap w b0 bb0 W to O O O O O O O O O O O O O 0 D 0 0 0 C 0 rror. v v v a > a0 v v 0000 a 0 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 mwwwwwwwwwww❑ N m ci U N O LL N P O W c E L V/ r 0 i 4-J (C tf O Q N to F- 4- O N E E O w L V� O CZ 000 O Q o J r Q 0 Lo 0- E U N 0O LL O Q I W W Cl) � N N C U V .O L IL M Q I■ Ln _O to C N O C N (5 N N .Y U N L U 20 c O U N U) m C Q U N Q U b U L L 72 CZ o 0 "> 0 j N as `° Pa on o F� o 0 C6 5U Y U co L on N � � 0 th Q . ?L cc .0 cC U C O m 4) U V a a� ca -0 cB r ca 4) > V5 � w w y U cn c O U N J N w w L6 W U a C'- s Q � W O U_ 07 J 0 .y 0 .Y N oc kr U C M U L Y. 3 M Ci CQ f�i uo C4 V] V] (= O O O O oo o0 V} O c O O O M N O O 01 M M L— O M r- oo m -T N � 'i M N N V') O U N N m Y L Q °0 N`lt.l Ua L) Q m E C n O z U U U O o0 CD N � T N 00 00 00 00 00 w - r � 00 U U E U O ca Y o U o z c U m C Q U N as C6 Q L N � � 0 u) m o a -0 cB r ca J � U c N Q � W O 07 J N oc kr O C M [� 3 06Q0' v) oo M [_� M O N � 'i M Vl V') U Y L Q °0 Ua L) m C O U U T � T U U E U O ca Y o U o z c U U O C bA Y "I bq O U O U C O U C C to a U O U U E A. c, U U � Q Q �c L z U Q M oo q' kn �--� O o0 oo L 04 00 00 00 00 l� 00 C Q J Z N M V1 I'D r- 1-v O O. C E L L , 0 0 0. C 0 = N E C O t V O Q O J Lo Q� o Q 0 � O — O �=- E 0 LL0< G d d o O .La- ca o C (D L o C CL N c0 W L L L � Cl) Y � U N NNO U LL �n Mm O v co co z z J U 4� on on bn an on an an on en on en o0 0o an an on on an on cn an on an O c c c c c c c O c cz J v v v v v v v v v v v v v v v v v v v v v v v c6 z z z z z z z z z z z z z z z z z z z z z z z 0 a. WN0Fm on- RR M O\ O a1 N d' OO O O O O O O M 7 kn M � w w O O V7 \O M 00 O O O O O O O M �n N n '--� 00 M 00 00 �n O O O 00 M M vn kn v� kn kn W) .- M •--� N v) N kn N 00 to M N O O O O O O O m M •--� M O M M --� M N d N U U NO .•-� O O C _O O _O O O O O_ � O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N N N N N N I N I M N in N I N N N N I. N N I N In � N M I N I N N I N N I OM N N O O bq a+ Cq Cq Gq bA bA �+ O � O N O•, Fu 7� . N 7. 7�, W M M M Vl V] O V O O � r N Y O bA 3� s ��. �� �0 �° M s> A U on 0 O pa o a a°4n 0 x -0 a e A r; IT, o CL 3 3 3 3 3 3 3 3 u 3 3 3 cn on o C7 C7 C7 C7 C7 C7 C7 A C7 b C7 C7 C7 Cc °° ., O F- o 0 0 0 0 0 0 0 0 0 0 0 0 0 ❑ o o 0 0 O o o O H o o 0 " -0 N O O O O O O O ° F y O 'b N U U NO .•-� O O C _O O _O O O O O_ � O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N N N N N N I N I M N in N I N N N N I. N N I N In � N M I N I N N I N N I OM N N Mlw O Q O ca C C E L N A C O t O 1- O 4-j N N_ E EN S. V U) o Ia r U O CD Q O 0 Lo r Lo 0 Q (Q U N 0O LLOQ �1 I N N N N N 0 N N N 0 N 0 N 0 0 N N N N N N N N N 0 c CC c CC CC cz % Cd c m 0.i c CIS c Cd c CC CC m CC Cd m (C Cd (a m Cd Cd m Cd c CC Cd c c (G c Cd c Cd = a = U U U U U U U U U U U U U U U U U U U U U U U U U U z z z z z z z z C/5 z z z z z Z. Z Z Z Z Z z Z Z z z z U (D O d 0 } 7C) l_ L) CJ 0 O O O O O O O O O O O O O O O O O O O O O O O O O O N ;vz z z z z z z z z z z z z z z z z z z z z z z z z z 9 O O 1,s= 0 m c� 01 t` ul N M M O_ N N O N CD vi [� O O O N 00 O O O O O O r- Q\ O Ln N N N m to O O N l- O 00 N vi 'cY M O k 00 m 00 M 00 N M C> N 'T \0 a, kn 00 v) L` N vi 00 O O O m N O m (CS Z; O v a U o 0 °° 0 o 0 0 0 0 CD 0 o W o z QQ � 00 Ln U � In t� o 0 Q kll 0 u u u u fs. id w `r o Q M O ono U C7 C7 C7 C7 W EM a wo V a _ Q _ Q kn Cj Y Lo u U 00 o U U U U W, Cd N U M n L1 L] �� O CA yV to bA bA x C� i�1 ^' N LZ CQ E E �� U i+ w E o Q (� Y U N U ,..� H� H /E ci m Ca //E 2 fl.. \ U rx c 0 rx �; rx v a� 0 0 o as a� 0 O 0 O 0 O 3 rz r4 0x r� cz o 3 3 3 3 o� m i o L L N 3 3 3 3 N oa U f1. $Z. 0. = > > > > .� 0 0 0 0 0 E E E � C7 C7 C7 C7 p. 0. 0 H 0 o o � H o 0 0 0 0 0 0 si 0 ,� 0 'o 0 -0 o b W 0 U O U O U a� U Cl o 0 6 0 0 o 0 ti cq o C o 0 o a o = CZ o 0 0 0 0 0 0 0 c i U M m W U W W cn W) Q Q Q c �O 110 Zt kn Vn kn In M O N O M O M O M O� M O� 00 O� O L� � O M O M O M O M O O O O 00 O� Cl O O O O O O O O 01 O O O Cl D1 Q\ O1 01 O O O O O O O O �} N N N N N N N N N N N N N N N N N N N N N � > I I U � It PN O 0 O Q\ O Vl kn 00 O M M M M "o m L� m N m �O O w 00 O Q1 .-. D1 N a1 �' N 1.0 m N N N N N N N N N N N N N N N N N N N N M m V I.0 a� O N _ d � C C iL d L CO Al N �n cv t O Q. V) O to L 4- O 4-J N N E (D O N N >, y L u) O V M n U o Q O J Lo ca E0(v 0O O LL Q n P O CL " EvIll CL r N O r- tq _ c O c o th ;gyp _ wLL W U u � X N LU C 0 t 0 CoQ N 0 N E E O y L `r N O C V CZ O . O J uo N r D ,n oQ LLOQ jg-f EvIll a; r N O N vi N "wH c o th ;gyp U u t� tt N r.i r— � 69 4, Q o � FI Y N M CC L r; O O s U 3 N w ;a o N N N O O 'UU N N L^ L MC', h H O �n U M 0 d M 0 Q. N (7N cz 00 L V 4- 0 N C C N C CN L VU) O (0 I C,a Q O 0 Lf) r w Q oo 69 0 Lo O — ;z (Q U N o0 69 a O O _ E U 69 69 � w p R it to 69 O 'Mmm!-f U .a O m �n U M It t vi 0 Q. N (7N cz L 4- 0 N C C N C CN L VU) O (0 C,a Q O 0 Lf) r w Q oo 69 0 Lo O — o0 69 (Q U N o0 69 0o °0< O O _ E U 69 69 � w p R � O 69 't It N vi I-- (7N r- 69 oo 69 O o0 69 a1 69 o0 69 00 00 69 O O _ 00 o0 69 69 69 O w p R 69 69 L a N � � O t3 �, H v N 00 'n � 1.0 r-- N 00 O V) 1�0 M M O_ O N Vl � N V') � �--� N CO Cl M N 00 N C\ O V1 00 M 00 (� DO O � M N l— N M I-- 01 '40 kn 00 C� Ln O C\ C� O — \C N O O M fp W Ln 69 l0 69 �c 69 'd' 69 In 69 �T 69 V'1 69 V1 69 \C 69 V) 64 Wn 64 rn 69 'fit E a �p x w x w x w rn w ti Q 0 w ti � N W Con 0 O l� Marian Karr From: LiveCycle @dot.iowa.gov Sent: Thursday, September 06, 2012 2:59 PM To: Marian Karr Subject: [IOWA CITY] Your SFR report has been submitted Your SFR has been successfully submitted and is under review. Marian Karr From: LiveCycle@dot.iowa.gov Sent: Tuesday, September 11, 2012 1:41 PM To: Marian Karr Subject: [IOWA CITY] Your SFR report has been approved Attachments: SFR -IOWA CITY- 2012.pdf Your SFR has been approved. Please find in attachment a copy of the SFR you submitted O CL 4) I.f. C LL m 4) L. N V C O L O O. N C tC C N E N E o y N ), tLo Cn O L N Cl O J Lo 0 � O Q (Q E V N O LLOQ �1 N a i O O U N d C.� U N N O bq O .0 ct 3 Qccd a� W N O O 0 � v Q m 0 E W E W O f6 O C � � M O m ^ E a a\ �2 z N O IT N E z 0 0 O L �o Y C (0 ca Y N U U N 7 ca c m m O J+ Y Co N G f6 N = L C� Cc G U) N N � o O U � d N N t N i 00 M — v� Mn c c M O Q Ln Z O ^ f6 C,3 c ^ N� ca ° T � N C N C (0 U co N o C Q U O� C U 75 � 3 M N y 00 0 O _ 00 O ++ fD Y O O CL ca C cn a °W N �' U) 0 O >+ W I ��+ Q cd a :1 t a :3 co c o a > 4 own on b, p N `m Q, O O CS v N f6o C� C� CD V U T M Q ¢ U C,3 0 ^ ate. >' W E d W z U N .G U O r. 0 C O W r. R a C C4 O L O C N E U V L O r O al m O V1 Z¢ c N E L¢ o °- ct Z, z z v) U = oo a. N a i O O U N d C.� U N N O bq O .0 ct 3 Qccd a� W N O O 0 � v Q m 0 E W E W O f6 O C � � M O m ^ E a a\ �2 z N O IT N E z 0 0 O L �o Y C (0 ca Y N U U N 7 ca c m m O J+ Y Co N G f6 N = L C� Cc G U) @ a) U N N O LL N O c 0 a M C N •� U i LL �F+ L U Ql Q Z � O O Q.. to C cv O }J N N � E O N L aoJ° N � p Lo oQ cv E °L' a 0 iiOQ U @ Q `1 T3 U � V CC N G y O O O F- U M .Q C � _7 y O i U }' U) N @ E 3 O U w O r d a N D O _7 LL O O R U � F- d s C E cn C to -200 O E U Cl M + C p _7 y O d U CO r N W E cn ? `m o U O T y a D 7 3 LL O O t6 U � F- O O a) Z 0 U7 N 2) LL c O ti O 0 @ a) z O N Ol LL -o c 0 O to M M V(1 N C1 N I-- DD �O O l� C, 00 l� cP Oro l� M �O C, Cl) ono m N c10 O vNi �O M N _M O M oc DD 00 O O 41 O 00 �' oa 00 CA O M 00 M 00 M O 00 7t N N N 0n0 It fl) 0 C1 O -zt r- O "o v) �_ 00 kn O [� l� — N oo N O �O V'n a; Vi vi N M N 0 O 'n N � oc M 01 00 AO O N N DD 00 c oc D N 0 0 00 00 CD cIt In 't Occ er V' vi Vii O G 000 0000 N ooc M M rn 00 oc M O v M V O 't _ — O d W Z Q Q) -O C _ � fl m co C C al ' O U) m� U m Q m o °- c x u, E O a a) (D O i >a) Q= U @ C m m to ~ � X @ a) @ 0 N a) U ? cm (D Q @ N i Q a c0 W c @ ° E O U E w t U ? p ai L) N F— co a� -� a> m 0 Cl) 7 O Wa N a L a v En cn w @ a a� N a> W N = L N o ui a U Q co d v Q O J H .. � O J 0 0' m a d o d o@ _. d cc m U cn CU N M a`) LO m U) N a) N Q °' z z x m u W i N ° U E p N .a N N W- aJ . LL J Z= ca O N 6) N EF L U a) i C N J M w � m = w in F- a a s m� m= a O a� = a) O U Q W ., cn ~= w= ~ X W p N W N M � LL C9 2 N O F— Y J J J O LL. C, Oro oro ono m N c10 vNi O a1 O oo M O 00 7t N N N 0n0 It fl) 0 C1 O -zt M V) v) CA [� l� — N oo N O V'n O 0 N O c oc D N 0 0 00 00 cIt In 't er V' vi ON o 0000 o00 ooc M 00 oc v M V O 't — d W Z Q Q) -O C _ � fl m co C al O U) m� in m Q m o °- c x u, E O a a) (D O i >a) Q= U @ C m m to ~ � X @ al c 0 O d ate+ U) J ? cm (D Q � •o i Q a c0 W = Z CO E w a m ? p ai L) � F— co a� � a> m 0 Cl) Wa N a � v �a m w :3 0 a�'i a> W L O Q a a Q� w o L -� L a Q co O a z c — O J H .. � O J 0 _. N Z cM N M LO CO Il- 00 Q a) } tD N N O LL N O C C p N a C LL d d L N U a� E Z C _T r- O U c� O a c O N N O N N ], LJ V O L CU Q O J O LO 0 p E LL O Q E U a) _T U 3 � d d t N N CL x W N d d 0 C v N m M M c 0 O � U � N Q) O E a) oo co a) O ui N ai 6 o N 2 N � c c z N •— Q N O m U Q) E a) E m .N c c E o -^ O _ c m .o � C U 7 i N c m cn a) Q O1CO W E v u) •3 O Q) 0 -0 m N 00 — c O N N O 000 o E 3 � c o a) � � � � � 0 00 � a) m 00 •�i n 'ct C c CL T 00 V'� M a) O Q C th M i L z (a cz m � = o (u U U a) C/) in c o O 0 M N O m 0 m LO a) m � J a) E a) ''a^) vJ L, a) E E a) c 0 LO m m C aa)) 0 C U a) � � a) � a) d) c a3 a) U V) ^ O c -o O ¢ N ¢ rz E a ^ E c lu 0 tj bq U 'U N V y > � O Q cz 7 y E y p . U_ NC U E z U U 'C7 +ttS+ C t G U L G a) a4 p c7 .E o V) pr o c rG w ¢ 2 -0 F o w04 lot o cC v cC o C7 H O N M N O N M 'It O N 'cY v) L` 00 0o O� C, M c 0 O � U � N Q) O N a) oo co a) O ui N ai 6 o N 2 N � c c z N •— Q a) L O m U E a) E m .N c c E o -^ _ c m .o � C U 7 i c m cn a) Q O1CO W E v u) •3 O Q) 0 -0 m N — c N N O o E c o a) W N a) m C c CL T a) O Q C th M i L z (a cz � = o (u U U a) C/) in c o O 0 M N e� a as _ _ A� W L N V c O 4-J Q fA 4J N = N E E O N VU) c U C. O J C � O V 0 LL O 01) N E Q N i co - � o C O oN U �O Ql Q Z � U M U m Q Z 3 U � W co ca O J _ N d) O Z N _ MO W o v o 0 o L� oo m o o rn O\ o7 Cl 00 'V U n o0 M N M M L- 10 C, N M C\ 7 O L- N 00 M 3 a`cz m t` [� O 7 O� W 00 r a\ O a1 t` O O •-- M o0 �o N N N GD M M L (6 O O 00 M N �o N 00 t` W 00 D C d' al N 00 N O O 00 O �O 00 kn N l- r N O M N DD 4\ O V' V U (B o0 O O O W) C O 00 �o 4 O1 N Cam+ 00 L\ L` 00 M v1 O C, M N 7 M M M O -O vl 7 � -• M [� � `O V M M �c t` O 7 0 0 C1 O � 0- L- L- O O 00 o0 M I LO ON, N 00 C4 C� 4 O 00 M h N 00 t` oc N N C N 00 N_ O O 00 O N o r- �o o0 �o N h N O r r- N O M N o0 O 7 U p � o0 � o\ N 00 00 L` [- 00 M 't O M m N M Q1 �c 00 O L- �o l- vl O [� C\ o0 N �O N .N. N oe @N -- --� M r W) N O_ DD O N 'o 00 N CL N DO <t L- O, L- N N �c U O N 00 l- �o 7 O l� N M N 7 N N M M CO O N O O O O O O O O O O ( O O N N N N N N N N N N N N N � N a o 0 0 0 0 o O o 0 o O O M O O O O O O O O O O O O O o v 0 M O O O 00 V o0 O O O O r- D\ O O L� 00 M �o O O O 00 M O �c 00 00 O N E M M O 00 M �o V1 �o llc L- lO ,o lO N In M L- N L- N Q M n N M 'ch C, N 7 M M 7 7 M �0 00 N M Vn L� 00 O O O O O O O Cl O O O O O O O O O O O O O O O O N N N N N N N N N N N N N U) O N M O O O M 00 O 00 O O 00 O CD N 'O \O DB C O O o O O O O O O O O O O m O N �` N M d' �o l� DD N Ul C O O Cl O O O M M M M M M M M M M M M C O' C O' C Q Q C ❑ C C C � O O O O O O O O O O O O N �. U u u U U U u L) U u U U _�yy 'S1 _�yy `O N y bA oA on bA bA aD oA bA by oll c0 00 O O O O O O O O O O O O O p_ bU bU 0f1 0D bD bD bD bU b^4 CO bU bq bq � cd ai � cC cC c3 cC c<S iC iC cC cC a3 O N O N N N N N v N N N N C � Q 0 C O C CJ G N G N C N N Q N N N N N C7 C7 C7 U C7 C7 C7 C7 C7 C7 C7 C7 C7 zm� ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Q c0 O } U N T O LL. N It O O (B W M O N d � � � h c L E Z C h 0 U M O Q 4-J cn N J}am... r N E (U E N N ], �1 NCO M (0 Cl. O J V) Q 0 Lo — (Q E L) N F 0 LLOQ U co Q U � AW W N .F� O U v .O L CL CO () T CO U to () O c E C N C U) crs U N c v 0 N .r- d) 0 ❑ O L (� T C N N � L � O m N N O C O N O N C O O N f0 U N O N U ate.+ 3:a) rn � U � � Y U O_ a) aci U E O CL a C C O U 7 c 0 m c O U 7 N C O U O LL. c U N Ts C U N N L [� 00 00 �O h V1 M U O M U 00 �n � C 00 O 7 O O M h N O > a1 N � cu IV. a (d o M o N (6 U C Q U N .0 O 'U N O Rai i CCC t o Lm m J r un O N U o O O U U _ C L6 J c C�- a> rn E C N J U O LU o O U U O J � y C o N � o a kn ~ N ca (O, 00 N U � y t�.. o 3 Z7 4U C C Cys 0' ^ M 0 CZ ., L ri'a w O x un V] V. ] O O O O O O O O O O O \O 00 (p O O O O O M N V O O O\ K1 M h O N m 00 Q E CA 0 M M N W CT h M .CQ h O N a, C W) W) W) 7 Z Y L (, O C O 'U L L c: Q... 00 00 M 00 00 M M �o U CO J Z C Ts C U N a\ [� 00 00 �O h V1 M M \O 00 �n 00 00 00 7 O M h N O h a1 � � N (d M o (6 N .0 O N > �O o Lm m J r U c a> E Q O LU O J O N � N kn N Cl (O, 00 N a1 cn � C N 00 vi O O ^ M [-: O O 00 Q 0 M M 7 CT h M vi h O N a, M W) W) W) Y L (, O C O 'U L r�Ud U CO C O U U A CIS L C�l (d ��., � O yam•, U U O Z U c U c U U O +- y A, •0 U E y C� c 00q c Q �C C 7 z U •) O M o0 00 W 7 N vn N 00 M 00 M 00 M o0 M 00 M h M o0 M c p J Z N } m N w r" LL o .2 75 a �� a> CL 0 •� U �O _ _ L U N Z C � {( U M O a C N N C N N G T L N CX 0 N r On0Q 0 EQ44) H ci0¢ E U m Q A) U 4) s ❑ N E O .Q > = co �+ n C d) (D EO C a� c6 Cr W 4) O L � N Y .0 Li N on N on N an N cn N cn N on N on N on N on N on N o0 N on N on N an N on N on N on N on N on N nn U on N o4 N on a a a a a a a a a a a a a a a a a a a a a a a v U U U U U U U U U U U U U U U U U U U U U U o6 O z O z O Z14 O O z O z O z O z O z O z O 4.4 O O z O 417-171 O O O z O 71.71 O O z O z O z O z U CU O d C N. O } -0 LL W co z z z z z z z z z z z z z z z z z z z z z z z m .- c ui ch (U O co w U .E D m � J U O O CT CT CT N O 1�0 O It r- 00 O O Cl O O O Cl O O O O O CT M It CY 1.0 V1 M M M \0 N 00 It V' �7 M 'n M 00 CT O O vi \O M 00 O C O O C O O M N 00 M o0 ',I 00 n N Cl t O N O o0 00 v) M M M N V1 O V) O W1 O W! O W) O W) O O [� M �--� M M �--� M N O V1 M N M kn l� M 00 N to (0 L 7 O �0U w 0 0 0 0 0 0 0o X w o U O a a N a N a N a N a C O un O M ^ M cC M Q bA bA bA bq bq bq M `� o O O N un M M � M C/] cc •U O O a� U' y G' o ,� a y C M cd '� pa O E E E E E m E 03 O N -C ° x x x x x x x x� x x x o �_ 3 3 3 3 3 3 3 3 3 u 3 3 3 °p 4C� ° 0 0 0 0 0 0 0 ., a 0 0 0 0 ° o o N o o p p o 0 0 H y X M D V] U Cn > 00 M 00 M 00 M 00 M 00 M 00 M O t +-+ V] i+ � M W M M N rA (U L N O •-- -- O •-- O -- C, O O -- O --� O --� O --� O --� O -- O �--� CT O 00 O l- O \O O 00 O l0 Cl 00 O 00 O [- O � O O -0 Co 0 0 O N O N O N O N O N O N O N O N O N Cl N o N O N O N O N O N O N O N o N O N O N O N O N O N CV } m U V 00 N N CT �' ^� O o0 d' M CT \O DD CT CT h M 00 N N O D J- N N N O M N N N N N N N O N O N O N O N N ,O N o M CT N M N N N N NN .--i O M N M N R O a 1.6 C E L CA A A c O a c Qy� L tC C. N N E N T �w r m O U O O � J 10 o V LL O 0 O S a N N E Q U bq U bq U bq U bq U bq U bq O bA U bq U bA U bA U bA U bq U bq U bA U bA U bq U bq 0 bA U to U to U bA N bq U b4 U bb U by c c c c c c c c c c c c c c c c c c c c c c c c c U U U U U U U U U U U v U U U U U � 06 z z z z z z z z on z z z z z z z z z z z z z z z z z U O O CL m N c C.. O } U .N- N ii CD ti p + z z z z z z z z z z z z z z z z z z z z z z z z z z 75 c w 0 co U c o 'E '6 D 0 N N U N N O O ui 'T C1 n N N M N M O N �o N O O In N_ O � oo v'� ao r O O O O O O N 00 Cl O O O O O O O V- �o C1 N O O v� �O �O �O �O M l� a n \O N N N M n O O N [, O 00 N V1 -+ It M O kn 00 � M 00 M 00 N M O N z C1 W) 00 kn l� vi 00 O O O M U) tU t U 7 O v d U o� 0 0 0 0 0 0 o W o s v, k Q Q U U U U Itt o cz U o 3 3 3 U U U U 2 G p- U U U U U p Q .'� :s•� fti U U M O Q M O 00 00 00 U O cx� U 0 ,n 0 `a Z 2.1 ,�.,� .� o [[xxO. ` 'C ¢ > E F E F- O O x N W Q U o U r M U � Ci. a' On L1. 01 --� U N n� y0, �$.' c �-. c0 U bq c bq c bA c X U O b�-0 Q. E O. E Q1 E 0. E � OU � c U C u w c c � v c c c a c cc — n c� c� c� c� v x pa 0 0 0 3 C4 CC c4 c� 3 to 3 3 3 3 3 3 110 Q a > U > > > m > > > > x c C7 0 C7 C7 C7 �, E E C7 C7 C7 C7 � o F" p CD U P" o 0 0 o U U o o 0 0 0 o 0 0 o ti `n c M D U V] M M W O U W cn O Q Q Q U M M M M Q C� N i O O O V'� O kn O W) O kn O N O M O \O M O N O M O M O M O\ M ON a0 a1 O n d' O M O M Cl M Cl M O O O o w ow O N O N O N O N O N O N O N O N O N — N N N N — N N N N N N N N � } H N E U co U Z 3 �4t CC1N ,+ U • O D O O M v1 N o0 cl' O M M M M �O M l� M N V M V l� o0 00 01 Q1 Q1 N N N N N N N N N N N N N N N N N N N N M M v Q C13 m U U 3 m 06 zzz U Q O d O C' U N •N O O O m �c N Q (6 0 0 .6 '_ a D as ZI 0 V 00 Co +� C U 00 ao, N o N o M v .F.� N cu s 3 O CL L) (� N o 0 `m � N � z Z 3 L vi r O 4 U M Cd O A, o cl 7 En O X ai cn N O i-i w M 0 ti C N E N OO O O O N U O 'O Q Q N N O N N 0 0 0 N i ao00 DLooa V N H Cl) cn 0 °o¢ E U co � d U N Jci N N U '--a m a� m N U ti LL N I O CL 7 i m aD L ++ V` V O E 7 Z U M p O a 15 c N E a) EN V U) O r U O a a 0 Ui r Q 0 Lo O - 0 Ri `o E LL OQ E U l6 Q `1 o U � s N O CL x W V N O N b9 4-. O N v� rn i. � C w H o .o c .°q W � �O U E ED -o �o c � � N � N -0 6R 69 �N w o V H � U M O—0 p, U U � O � O � N � w E U y ^c3 TS U U .G L y y O O 0 0 N O O G I E N N E��_ U � � 1� O CL E 4.0 O Cl) L. A WA c 0 CL N C C N_ E N O y N T LO � M i] O 00 Q) ~ w Q LO O E v 0 LL O �1 y N E Q m aD (6 N U .-r �? O LL N CL 0 C o U � Y v M � U m z 3 U d d t U) E a s C O 2 (q It M It 7 N O Wn L— N � M \o N M N N `. C1 0 .--. Ll kl � +' 4C% V1 M 00 l0 00 �-- M V1 C) L- 01 w 00 N M G V 69 DD 1- O DD 64 01 69 DD w 69 DD 00 69 O O 00 - 00 - V1 69 N �. O 64 69 69 s9 ma n c c H v a 0) 00 �O O� C� O O o0 C1 O N N �t O kn -o M M O O N V'1 = O M N 00 N O W� 00 M DD _r- a0 O tv M r- 't r- w Lz N 00 L— N M L— O\ "O V) 00 C1 W� O O� C1 O 7 \c N O N O \z M N fA kn 69 64 64 d' u9 W) 69 �t 69 kn 6's kn 6R \O 69 'n 59 v� 69 M "s 7 E � a � a �° x H F w x w w >,� 0 H 2�d 2) Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5053 RESOLUTION NO. 12 -403 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR AUDIT SERVICES FOR THE FISCAL YEAR 2012 CITY OF IOWA CITY FINANCIAL STATEMENTS. WHEREAS, City policy requires City Council approval for contracts over $50,000, and WHEREAS, the FY12 audit fees for Eide Bailly are approximately $56,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is hereby authorized to sign and the City Clerk to attest the contract for auditing services, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 4th day of September , 20 12'. 6A�L n e MAYOR Approved by / ATTEST: CITY ERK City Attorney's Office It was moved by Champion and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: NAYS: X X X_ X X _ X X ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton 'U9 2d(3) Prepared by: Tom Hansen, Equipment Superintendent, 1200 S. Riverside Drive, Iowa City, IA 52240 (319) 356 -5197 RESOLUTION NO. 12 -404 RESOLUTION AUTHORIZING THE PROCUREMENT OF A 2013 PIERCE IMPEL PUC PUMPER FIRE ENGINE. WHEREAS, A fire engine is scheduled for and budgeted by ICFD for replacement; and WHEREAS, a Request for Proposal (RFP) was put out to solicit proposals for the replacement of said fire engine; and WHEREAS, one proposal was received in response to our RFP; and WHEREAS, the proposals were scored by ICFD and Equipment Division staff members with expertise, resulting in an award to Pierce Manufacturing for their 2013 Pierce Impel PUC Pumper, which met City needs and specifications; and WHEREAS, the purchase price of the pumper fire engine, including equipment, is $606,208.25, which exceeds the City manager's spending authority of $150,000, thus requiring City Council approval; and WHEREAS, funds for this purchase are available in account # 4406 - 422800 - 474230; and WHEREAS, approval of this procurement is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The proposed procurement as described is approved. 2. The City Manager is authorized to take whatever steps are necessary to effectuate the purchase. Passed and approved this 4th day of Sevtember , 201. A , =k MAYOR Approved by ATTEST: . �( / CITY'CLERK City Attorney's Office Resolution No. 12 -404 Page 2 It was moved by Champion and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ASSENT: X Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton Ma9 2a(a) Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 12 -405 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SIX -MONTH EXTENSION OF THE AGREEMENT WITH PUBLIC ACCESS TELEVISION, INC. WHEREAS, the City of Iowa City and Public Access Television, Inc. ( "PATV ") have a contract for the provision of public access and community programming on cable television, which expired on September 1, 2012; WHEREAS, the term has been extended twice previously; and WHEREAS, because the parties are still negotiating a new agreement, it is in the best interest of the City to extend the term for six additional months to March 1, 2013 to allow sufficient time to complete the negotiations. 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 to the Third Amendment to Agreement, a copy of which is attached. Passed and approved this 4th day of September , 2012. ATTEST: CITY-CLERK Approved b City Attorney's Office Resolution No. 12,;-4m Page 2 It was moved by (;hampion and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton THIRD AMENDMENT TO AGREEMENT This Third Amendment to Agreement between the City of Iowa City, a municipal corporation ( "Iowa City "), and Public Access Television, Inc. ( "PATV "), is being entered into in Iowa City, Iowa. WHEREAS, Iowa City and PATV entered into a contract entitled Agreement on September 29, 2009 for the provision of public access and community programming on cable television; WHEREAS, said Agreement was previously amended to extend the term to September 1, 2012; WHEREAS, the parties are negotiating a new contract but did not conclude the negotiations prior to September 1, 2012; and WHEREAS, the parties wish to amend said agreement by extending the term to March 1, 2013 to allow them sufficient time to negotiate a new contract. IT IS THEREFORE AGREED that: — Section 17 is amended by deleting it in its entirety and substituting in lieu thereof the following new Section 17: Section 17: This Agreement shall commence on October 1, 2009 and end on March 1, 2013, unless terminated earlier, as provided in the Agreement. This Agreement may be extended, by mutual written agreement of the Parties, for an additional three year period as set forth below. — All other terms and provisions of said Agreement remain in full force and effect. PUBLIC ACCESS TELEVISION, INC. '6 STATE OF IOWA ) DATE: v MENT ) ss: JOHNSON COUNTY) ^ This instrument was acknowledged before me on Gt S`7� �4& 12 by Joshua Goding, Executive Director of Public Access T ision, Inc. x-/ ,9A1 KELLIE K. TUTTLE Notary Public in and for the State of Iowa � � Commission Number 221819 My Com Ex fires • ow My Commission expires: q S / CITY OF IOWA CITY By:- k& JA I 4 Matthew J. Hayek, Mayoi Attest: ,i . Maria . Karr, City Clerk STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Date CITY ACKNOWLEDGMENT September 4. 2012 Sap tamber 4, 2019 Date On this ' day of S e 9- ,ry,.,1 *- r , 2012, 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, 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 municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. SONDRAE AE FORT AN Commission Number 159791 My Commission Expires 7 poi Notary Public in and for the State of Iowa Approved by: City Attorney's Office J —0"- 4-12 2d(5) Prepared by: Kumi Morris, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5044 RESOLUTION NO. 12 -406 RESOLUTION ACCEPTING THE WORK FOR THE COURT HILL PARK PUBLIC RESTROOM BUILDING PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Court Hill Park Public Restroom Building Project, as included in a contract between the City of Iowa City and North Construction, LLC, of Muscatine, Iowa dated March 27, 2012, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the Court Hill Park account, under account number 4170. WHEREAS, the final contract price is $56,908.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 4th day of September , 20 12 MAYOR Approved by ATTEST: CITY t_ERK City Attorney's Office It was moved by Champion and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x NAYS: Pweng /masters /acptwork- FY2011 Elevator Modemization Project.doc 8/12 ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton August 23, 2012 Honorable Mayor and City Council Iowa City, Iowa Re: Court Hill Park Public Restroom Building Project Dear Honorable Mayor and Councilpersons: 0z ( ) I r j CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX www.icgov.org I hereby certify that North Construction, LLC of Muscatine, Iowa has completed the construction of the Court Hill Park Public Restroom Building Project in substantial accordance with the plans and specifications prepared by Morning Star Studio PC of Cedar Rapids, Iowa. The required performance and payment bond is on file in the City Clerk's office. The final contract price is $56,908.00 I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald Knoche, P.E. City Engineer SAENMARCHITECTURE FILE \Projects \Parks Division Restroom Building Standard Plans and Specification \Close out documents \EngRpt Court Hill Park Public Restroom Project accepted on consent calendar competitive quotation on 09 04 12.doc Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 12 -407 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO AN AGREEMENT WITH FILMSCENE THAT ALLOWS THE SALE OF WINE AND BEER UNDER LIMITED CIRCUMSTANCES IN CITY PARK ON FIVE DAYS IN SEPTEMBER AND OCTOBER. WHEREAS, section 4 -5 -3D of the City Code allows private entities to sell wine and beer and persons to consume wine and beer in a city park, on public right -of -way or on a city ground excluding public buildings under limited circumstances; WHEREAS, FilmScene plans to show movies on four Friday evenings (a fifth day is provided in case of weather related cancellations) in City Park at the festival stage and would like to be able to sell wine and beer during those evenings; and WHEREAS, it is in the City of Iowa City's interest to execute the attached agreement. 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 to the attached agreement. Passed and approved this 4th day of September , 2012. MAYOR ATTEST: q CITY CtERK Approved City Attorney's Office C�,J, ( 6 ) Resolution No. 12 -407 Page 2 It was moved by Champion and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: F4Vd *I x x x x x I�W&I ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton AGREEMENT BETWEEN THE CITY OF IOWA CITY AND FILMSCENE TO ALLOW THE TEMPORARY AND LIMITED SALE, CONSUMPTION, AND POSSESSION OF BEER AND WINE IN CITY PARK This Agreement is made between FilmScene, an Iowa nonprofit corporation, and the City of Iowa City, a municipal corporation (hereinafter "City "), in Iowa City, Iowa. WHEREAS, the parties wish to enter into an agreement to allow FilmScene to sell beer and wine and to allow persons to possess and consume beer and wine under limited circumstances in City Park. THE PARTIES THEREFORE AGREE AS FOLLOWS: 1. Authorized Site. In consideration for FilmScene's promises herein, the City agrees to allow FilmScene control over the area shown on Exhibit A, which is attached and incorporated herein ( "authorized site "), for the days listed in Paragraph 2 below. Except for the days listed in Paragraph 2 below, FilmScene shall remove all fencing. FilmScene may store fencing in the box office area shown on Exhibit A. 2. Term. This agreement shall be in effect on the following days: September 14, 2012 to 2:00 a.m. on September 15, 2012; September 21, 2012 to 2:00 a.m. on September 22, 2012; September 28, 2012 to 2:00 a.m. on September 29, 2012; October 19, 2012 to 2:00 a.m. on October 20, 2012; and October 26, 2012 to 2:00 a.m. on October 27, 2012. 3. Access. FilmScene shall take all reasonable steps to ensure that every person on the authorized site has a ticket or invitation to that day's event or is an employee of, an independent contractor of, or volunteer for FilmScene and shall exclude any person who is not. 4. License. This agreement is void if FilmScene does not have a license to sell beer or wine on the authorized site at any time during the dates listed in Paragraph 2. 5. Sale and Possession of Beer/Wine. FilmScene shall only sell beer or wine to a person who is over twenty -one (21) years of age and who has a ticket or invitation to that day's event or is an employee of, an independent contractor of, or a volunteer for Riverside. FilmScene acknowledges that the authorized sites are subject to all applicable alcohol restrictions in the City Code including Ordinance No. 10 -4388 that restricts entry to those over twenty -one (21) years of age after 10:00 p.m. with limited exception. 6. Seatinq Area. Alcohol, and as well as food and other beverages, may be brought into the "seating area" shown on Exhibit A. FilmScene shall be solely responsible for cleaning up and repairing any resulting damage to the seats or any other part of the seating area. If FilmScene fails to do so and if City staff has to clean up and /or repair resulting damage, FilmScene shall be responsible for the cost incurred by the City, including staff time, and shall pay the costs in full within thirty (30) days of receiving an invoice. 7. No Smoking. Smoking is prohibited in the authorized sites, and FilmScene shall post a no- smoking a sign at the front entrance to the authorized sites and two signs inside the authorized sites. The .signs shall comply with Iowa Code Section 142D.6 (2011). 8. Advertisement. With the exception of event sponsorship as specifically approved by the City, FilmScene shall not, nor shall it allow anyone to, erect or place any sign or other matter advertising any brand of alcoholic liquor, beer, or wine upon the authorized site. 9. Inspection. City staff, including the Iowa City Police Department, may periodically inspect the authorized site without any prior notice to determine compliance with the terms of this agreement. 10. Debris and Trash. FilmScene shall be solely responsible for collecting all debris and trash from the authorized site, and the City shall then remove the debris and trash. If FilmScene fails to do so and if City staff has to collect the debris and trash from the authorized site, FilmScene may be responsible for the cost incurred by the City, including staff time, and shall pay the costs in full within thirty (30) days of receiving'an invoice. 11. Insurance. a) Premises Insurance. On the dates listed in Paragraph 2, FilmScene shall carry comprehensive general liability insurance for bodily injury and property damage on the authorized site in the amount of $1,000,000 (one million dollars) for each occurrence and $2,000,000 (two million dollars) in the aggregate and shall name the City as an additional insured. FilmScene shall furnish a copy of a certificate of insurance for same, satisfactory to the City at the time of execution of this agreement. FilmScene shall provide thirty (30) days notice to the City before cancellation of said insurance, and said cancellation shall automatically terminate this Agreement. b) Dram Shop Insurance. On the dates listed in Paragraph 2, FilmScene shall carry "dram shop" insurance in compliance with Iowa Code section 123.92 (2011) in the amount of $500,000 (five hundred thousand dollars). FilmScene shall provide thirty (30) days notice to the City before cancellation of said insurance, and said cancellation shall automatically terminate this Agreement. c) Governmental Immunities Endorsement. FilmScene shall obtain a governmental immunities endorsement that meets the requirements set forth on Exhibit B, which is attached and incorporated herein. 11. Indemnification. FilmScene shall pay on behalf of the City all sums which the City shall be obligated to pay by reason of any liability imposed upon the City for damages of any kind resulting from the use of the authorized sight or sale, consumption, or possession of beer or wine on the authorized site, whether sustained by any person or person, caused by accident or otherwise and shall defend at its own expense and on behalf of the City any claim against the City arising out of the use of the authorized site or sale, consumption, or possession of beer or wine on the authorized site. 12. Non - Discrimination. FilmScene shall not discriminate against any person in 2 employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status or age. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, promoting, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. 13. Termination. The City may terminate this agreement upon written notice for violation of any provision of this agreement. 14. Assignment and Subletting. FilmScene shall not assign or sublet this agreement without prior written approval of the City. 15. Entire Agreement. This constitutes the whole agreement between the parties, and may be modified in writing only, duly signed by the parties. FILMSCENE Aveg� ?4-6��� By: Andrew Sherburne THE CITY OF IOWA CITY By: Manan K. Karr, City Clerk By: Mathew J. Hayek, Mayor FILMSCENE ACKNOWLEDGMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) This instrument was acknowledged bme one . r\ 451 2012 by Andrew Sherburne as C��" (type of authority, e.g, officer, trustee, etc.) of FilmScene. Co ber 7640 otary P ublic in and for the State of Iowa Cisin Expires y Commission expires: %-- \� CITY ACKNOWLEDGMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this . -V day of SF- Q -r4Msp g— , 2012, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Mathew J. 3 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 municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary c rte ?of midm ration, by it and by them voluntarily executed. o SONDRAE FORT Commission Number p c r My Commission Expires , -11d� Notary Public in and for the State of Iowa Approved: City Attorney's Office My Commission expires: 3171aor5 4 00 fl Lit- ON 1 s �e c t • r p �n f► 1 . �W Q lb' EXHIBIT B City of Iowa City, Iowa Governmental Immunities Endorsement 1. Non - waiver of Government Immunity. The insurance carrier expressly agrees and states that the purchase of this policy and the including of the City of Iowa City, Iowa as Additional Insured does not waive any of the defenses of governmental immunity available to the City of Iowa City, Iowa, under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 2. Claims Coverage. The insurance carrier further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Iowa City, Iowa, shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurance carrier. Nothing contained in this endorsement shall prevent the carrier from asserting the defense of governmental immunity on behalf of the City of Iowa City. 4. Non - Denial of Coveraize. The insurance carrier shall not deny coverage under this policy and the insurance carrier shall not deny any of the rights and benefits accruing to the City of Iowa City, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Iowa City, Iowa. 5. No Other Change in Policy. The insurance carrier, the City of Iowa City, Iowa agree that the above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. CITY OF IOWA CITY 2 Its MEMORANDUM Date: August 28, 2012 To: Tom Markus, City Manager From: Michael Moran, Director of Parks and Recreation Re: FilmScene contract for Riverside Theater Introduction: Establishing a contract between the City of Iowa City and Filmscene an Iowa nonprofit corporation to sell beer and wine at the Riverside Festival Stage in Lower City Park History /Background: Filmscene is wishing to establish an outdoor movie night this fall at the Riverside Festival Stage. It is the first attempt at something like this and they would like to include a contract to let them offer beer and wine service for their four dates, similar to the contract that Riverside Theater group has during the Shakespeare festival Discussion of Solutions: The contract for these five events at Riverside Festival Stage with Filmscene would help assist them to help make this a successful event and hopefully entice them to continue on with additional movies this Spring and again next Fall. If there are problems with the application, enforcement or staging the contract would not be approved for next session. This is only permission for these four events this Fall. Financial Impact: Positive financial impact could be realized from this contract. Filmscene is responsible for the clean -up and payment of any damages to the theater to the city as well as a small rental fee. Recommendation: Approve the contract as written 41� "1MY7 2d(7) Prepared by: Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5139 RESOLUTION NO. 12 -408 RESOLUTION ACCEPTING THE WORK FOR THE CDBG DEMOLITIONS PROJECT - CONTRACT #6 WHEREAS, the Engineering Division has recommended that the work for construction of the CDBG Demolitions Project - Contract #6, as included in a contract between the City of Iowa City and Kelly Demolition LLC of Mount Vernon, Iowa, dated January 17, 2012, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and WHEREAS, funds for this project are available in the CDBG account # 813 -2300; and WHEREAS, the final contract price is $42,100.01. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 4th day of September , 20 12 ATTEST: �C • `�� CITY ttERK MAYOR Approved by City Attorney's Office It was moved by Champion and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims Payne x Throgmorton Pweng /masters /acptwork.doc 8/12 '�, c'A ( 7 ) I mowt_ 4 Ali � CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX ENGINEER'S REPORT www.icgov.org August 28, 2012 City Council City of Iowa City, Iowa Re: CDBG Demolitions Project - Contract #6 Dear City Council: I hereby certify that the CDBG Demolitions Project - Contract #6 has been completed by Kelly Demolition LLC of Mount Vernon, IA, in substantial accordance with the plans and specifications prepared by the City of Iowa City. The final contract price is $42,100.01. I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, To-"f X---- Ronald Knoche, P.E. City Engineer 0 2aum � Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356 -5030 RESOLUTION NO. 12 -409 RESOLUTION ACCEPTING THE DEDICATION OF AND AUTHORIZING THE MAYOR TO ENTER INTO STORM WATER DETENTION FACILITY EASEMENT AGREEMENT PERTAINING TO LOT 39, SCOTT SIX INDUSTRIAL PARK AND AUDITOR'S PARCEL 2009029, IOWA CITY, IOWA. WHEREAS, Superior Welding and Fabrication is proposing to add an additional building to their site and to expand their existing parking lot; and WHEREAS, it is necessary to increase the capacity of the existing detention basin to accommodate the additional runoff generated by the additional impervious area; 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 Owners. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Acceptance of the above - referenced easements 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 storm sewer detention facility easement agreement, and to record the same at Owner's expense. Passed and approved this 4th day of September , 2012. An MAYOR Approved by ATTEST: 2L. �-�- CITY Ct-ERK City Attorney's Office / Resolution No. 12 -409 Page 2 It was moved by Champion and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ASSENT: x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton M+q nmm"" Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5053 RESOLUTION NO. 12 -4io RESOLUTION SETTING PUBLIC HEARING ON AMENDING THE FY2013 OPERATING BUDGET. BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a public hearing will be held in Harvat Hall, City Hall, 410 East Washington Street, at 7:00 p.m., September 18, 2012, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, to permit any citizen to be heard for or against the proposed amendment to the FY2013 Operating Budget. The City Clerk is hereby directed to give notice of said public hearing and time and place thereof by publication in the Iowa City Press - Citizen, a newspaper of general circulation in Iowa City, not less than ten (10) days and not more than twenty (20) days before the time set for such hearing. Passed and approved this 4th day of September -12012 . Al ISA^ MAYOR Approved by ATTEST: %e c��J�1'� CITY WFERK City Attorney's Office It was moved by Champion and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: x X x X x X finadmVeMDperbdg8- 12.doc NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton 5 Prepared by: Melissa Clow, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5413 RESOLUTION NO. 12 -411 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY PUBLIC WORKS FUEL FACILITY 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 Public Works Facility Site Work account # 3956 and the Public Works Fuel Facility account # 3958. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 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 3:00 p.m. on the 27th day of September, 2012. 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 2nd day of October, 2012, or at a special meeting called for that purpose. Passed and approved this 4th day of September _120 12 '� - _19_ A MAYORa Approved by ATTEST: ,i - yr�ycf!a Ew, CI ERK City Attorney's Office �'ay 1 Pmt pwengUnasterslres appp &s.doc 8/12 Resolution No. Page 2 12 -411 It was moved by Mims and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x 1► /V6I IN ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton J 09 -04 -12 6 Prepared by: Daniel Scott, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5144 RESOLUTION NO. 12_4­I2 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF COW TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE LANDFILL GROUNDWATER UNDERDRAIN LIFT STATION 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 Landfill FY09 Cell Reconstruction account # 3321 - 550900. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 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 10 :30 a.m. on the 25th day of September, 2012. 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 2nd day of October, 2012, or at a special meeting called for that purpose. Passed and approved this 4th day of September —120 12 MAYOR Approved by ATTEST: ' D m ' t4 w CITY RK City Attorney's Office pwenglmasterslresappp &s.doc 8/12 8-1:2,y /(a Resolution No. Page _ 2 12 -412 It was moved by Dobyns and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: x x x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton M�9 Prepared by: Michael Moran, Parks and Recreation, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5100 RESOLUTION NO. 12 -413 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE NORMANDY DRIVE RESTORATION 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 CIP account # 393411. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 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 pm. on the 27th day of September, 2012. 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 9th day of October, 2012, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, or at a special meeting called for that purpose. Passed and approved this 4th day of September 120 12 MAYOR prove . ATTEST: 2, a,.L � e. AaAa) CITY �tERK pweng\rnastersVes appp &s.doc 8/12 Resolution No. 12 -413 Page 2 It was moved by Dobyns and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: x - x x x x x x NAYS: ASSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton ... NCO CITY OF IOWA CITY !. - M,'��a# 7 �. 7 MEMORANDUM -"MM Date: August 30, 2012 To: Tom Markus, City Manager From: Michael Moran, Director of Parks and Recreation Re: Plans, specifications, form of contract, and estimate of cost for the construction of the Normandy Drive Restoration Project Introduction: Public Hearing and approval of plans and specifications for the Normandy Drive Restoration Project. History/Background: The 2008 flood destroyed this area and the City actively acquired approximately 90 homes with state and federal funds. Staff has been working with the neighborhood to establish a landscaping plan as the land has now become an extension of City Park, managed through the Parks and Recreation Department. This project will be constructed in two phases and will include landscaping, trail, reconstruction, and adaptive reuse of the Ashton House. Discussion of Solutions: The Parks & Recreation Department has met with the neighborhood on at least three different occasions to develop the landscaping plan. Due to the expanse of the acreage to be re- developed the project was split into two phases; with phase one this fall and phase two late next summer. In addition the neighborhood will benefit from the preservation of the Ashton House, a building on the National Registry of Historic Places. The Ashton House will serve as a showcase of the neighborhood, and will be available for citizens to be able to use as rentals for a variety of events, weddings, receptions, conferences and family reunions. Financial Impact: Positive impact to the cities CIP budget by developing this neighborhood into a vital place for the public to enjoy the Iowa River, walking and bike trails and the expansion of City Park. This positive neighborhood and city impact will result in increased operational demands, which will spread the existing resources of the Parks Maintenance staff. We will have additional revenue sources through the Ashton House but will also have some costs with the maintenance of that property. We will be able to recover most of those through contractual arrangements. This project contains two CIP phases budgeted at $409,000 each year. Recommendation: Approve the plans, specifications and contract as outlined Prepared by Susan Dulek, Ass't. City Attorney, 410 E. Washington St., Iowa City, IA (319)356 -5030 RESOLUTION NO. 12 -414 RESOLUTION ADOPTING A POLICY FOR USE OF PUBLIC RIGHT - OF -WAY FOR SIDEWALK CAFES AND RESCINDING RESOLUTION NO. 07 -227. WHEREAS, sidewalk cafes are a use of the public right of way in the CB2, CBS, and CB10 zones; WHEREAS, the City recently amended Section 10 -3 -3 of the City Code to regulate sidewalk cafes primarily by means of Council adopted policy; WHEREAS, in Resolution No. 07 -227, City Council adopted a fee schedule and deposit requirements for sidewalk cafes; and WHEREAS, the City should adopt one policy for sidewalk cafes that includes the regulations and fees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. The attached "Sidewalk Cafe Policy" is adopted. If, prior to September 12, 2012, two or more businesses notify the City that they wish to utilize the same planter, the City shall conduct a lottery. 2. Resolution No. 07 -227 is rescinded in its entirety. Passed and approved this 4th day of September , 2012. ATTEST: `''e. 72� CIT RK 4. , MAYOR Approved by: City Attorney's Office Resolution No. 12-414 Page 2_ It was moved by Payne and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: x x x x x x —x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton SIDEWALK CAFE POLICY (adopted Res. No. 12- 414 ) 9/12/12 In addition to the policy set forth below, sidewalk cafes are governed by Section 10 -3 -3 of the City Code, which is set forth below at the end of the policy. Location 1. Sidewalk cafes may be located in the public right of way only in the CB -2, CB -5 and CB- 10 zones (the downtown and the commercial areas directly north and south of the downtown). 2. In City Plaza (a /k/a, the ped mall), cafes may be located in either zone 1 or zone 2 if in conjunction with zone 1. Zone 1 is the area within ten feet (10') of the buildings. Zone 3 is the emergency /service lane through the middle of City Plaza. Zone 2 is the remaining area. For the specific definitions of the zones in City Plaza, see Section 10 -5 -1 of the City Code. Usable Sidewalk Cafe Area 1. In the CB -10 zone with the exception of City Plaza, a sidewalk cafe area may not extend onto the sidewalk in a manner that will not allow a minimum of eight feet (8') of unobstructed walkway on the side of the cafe that is parallel to the building. 2. In City Plaza, there must be a minimum of eight feet (8') of unobstructed walkway between the side of the cafe that is parallel to the building and any public elevated planter. If a sidewalk cafe extends into zone 2, there must be a straight, unobstructed walkway, which is at least five feet (6) wide, through the cafe in zone 1. Said walkway shall be included within the sidewalk cafe area and as such, shall be under the control of the establishment and subject to the annual fee. The walkway must be delineated in such a manner that the entire cafe abuts the building. In the event that an adjacent establishment seeks to locate an abutting sidewalk cafe entirely in zone 1 such that said walkway would end at the abutting cafe, the cafe owner must relocate the cafe to zone 1 within thirty (30) days of written notice from the City. 3. In the CB -2 and CB -5 zones, the minimum of eight feet (8') of unobstructed sidewalk is not required if the existing sidewalk is less than eight feet (8') in width. If the sidewalk is less than eight feet (8') in width, a sidewalk cafe may not extend into or encompass in any manner the existing sidewalk and may not impede pedestrian traffic. 4. A sidewalk cafe area may not be located in street corner areas defined by building lines extended to the street and no closer than ten feet (10') from an alley. However, a cafe may be located between two feet (2') and ten feet (10') from an alley if the fencing located within ten feet (10') is a type that is less than twenty percent (20 %) solid. 5. A sidewalk cafe may not extend beyond the building line extended, except for those in a planter. 6. A sidewalk cafe serving alcohol shall be contiguous with a side of the building wherein the establishment is located. For cafes in planters, the contiguous requirement may be satisfied by an overhead canopy at least five feet (5') wide connecting the building to the cafe. The design of the canopy shall be approved by the City. The area underneath the canopy shall be under the control of the establishment and is subject to the annual fee. 7. A cafe on the sidewalk that does not abut the building must be located a maximum of three feet (3') from the curb as determined by the City. Operation of Sidewalk Cafes 1. Advertising shall not be permitted in the sidewalk cafe area except for the name of the establishment on chairs, tables, umbrellas or other amenities, as approved by the City. 2. No blockage of building entrances or exits is permitted in a sidewalk cafe area. 3. Additional restroom capacity may be required to comply with local building and housing codes. 4. Occupancy limits are determined as set forth in the City building code. 5. No additional parking is required for the operation of a sidewalk cafe. 6. Sidewalk cafes are subject to annual inspections and may be inspected at any other time at the City's discretion. 7. The sidewalk cafe owner is responsible for trash removal and shall maintain the area and surrounding five feet (6) in a clean and litter free manner during all hours of operation. 8. All sidewalk cafes must meet the accessibility standards of City, State, and federal law. Easement Agreement 1. The agreement shall be between the City and the cafe owner with the approval of the building owner, if different than the cafe owner. 2. The agreement shall provide that no property right is conferred and that it may be terminated if the City determines that the right of way is needed. 3. The agreement shall include provisions for insurance, indemnification, fencing, maintenance, including vegetation and the subsurface if applicable, and any other reasonable provision as determined by the City Manager, or designee. 4. The agreement shall include a schematic diagram that shows that the cafe and platform, if applicable, comply with this policy and the City Code. Except for cafes on City Plaza, the design shall include all existing streetscape amenities and utility features (such as valves and manholes) within eight feet (8') of the proposed cafe. 5. The agreement shall be issued from February 1 through January 31. The initial agreement may be less than the one year, but shall expire on January 31. 6. The agreement shall be recorded at the cafe owner's expense. Fencing 1. Except during the term of the initial easement agreement and from December 1 to February 28 thereafter, and with the exception of the entrances to the walkway required when a cafe extends into zone 2, the area for a sidewalk cafe shall be delineated by anchored fencing. During the initial easement agreement and from December 1 to February 28, said area may be delineated by ropes or some other suitable method which shall be detectable by pedestrians who are visually impaired. 2. Fencing shall be constructed of a durable material, such as steel, aluminum, or wrought iron. Wood fencing shall not be allowed. The City shall approve the design. 3. If stored outdoors, tables, chairs, and other items shall be secured within the anchored fencing at the end of each day's operation so that they are unusable and shall not block or obstruct emergency exits. If anchored fencing is not used, tables, chairs and other items shall be removed at the end of the day's operation, and the sidewalk cafe area shall be restored to its normal condition as a pedestrianway. 4. The cafe owner shall be responsible for any damages to the public right of way caused by the placement of any anchored fencing. 5. Planters with flowers and /or other vegetation are allowed as an alternative to temporary and anchored fencing to delineate the sidewalk cafe. The design of the planters shall be approved by the City Manager, or designee, subject to the following limitations: a. The planters shall, at the cafe owner's option, be either fastened to each other or removed from the sidewalk or City Plaza at the end of the day's operation along with the tables, chairs, and other items. b. The planters shall not be less than twenty seven inches (27 ") or more than thirty six inches (36 ") in height excluding plantings. c. The planters shall be either metal or have a metal frame. 6. Anchored fencing on a concrete platform may remain year round. Public Amenities and Utilities 1. Except as provided herein, a sidewalk cafe shall not utilize or encompass any public amenities, including, but not limited to, benches, seats, tables, trash receptacles, public art, bike racks, water spigots, kiosks, posting pillars, and pergolas. The City Manager or designee may approve the utilization, encompassing, or relocation of a public amenity on the condition that the cafe owner pay all associated costs. 2. A sidewalk cafe may encompass trees, tree rings, light poles, water valves, manholes, and stormwater intakes but shall not interfere with their care, maintenance or operation. Access shall be available to the City for their care and maintenance. 3. Amenities, including trees, tree rings and light poles, shall be considered obstructions for purposes of the requirements of the eight foot (8) unobstructed walkway. 4. The amenities used in the sidewalk cafe area shall be maintained in good condition. 5. Upon payment of the electricity fee, the cafe owner may use the City's electrical outlet but only for lights. Planters 1. A sidewalk cafe may encompass or utilize an elevated planter if the proposed cafe meets the following criteria, as determined solely by the City: a. It does not interfere with pedestrian movement. b. It does not adversely affect drainage. c. It does not adversely affect public or city utilities. d. It does not adversely affect trees, shrubs or other plantings. e. It enhances the appearance of the surrounding area, and if in City Plaza, it enhances the use of City Plaza. f. It does not interfere with the functionality of any other existing sidewalk cafe. g. It is not otherwise contrary to public interest. 2. If utilizing two planters, the area between the planters shall be included in the sidewalk cafe area but need not be delineated as such unless tables and chairs are present. 3. With the consent of the adjacent property owner and first floor tenants, if any, the cafe may extend beyond the building line extended if the distance between the planter and the building line extended is less than ten feet (10'). The cafe may extend beyond additional building lines extended with the consent of those property owners and first floor tenants, if any. 4. The cafe owner shall pay all costs associated with the cafe including, but not limited to, the cost to move water mains and water service lines, to remove and plant vegetation, to move electrical outlets, and to cut and restore the limestone. 5. The City may require the cafe owner to add plantings within the cafe area at the cafe owner's cost. 6. This provision is to address the following two competing concerns: There are a limited number of planters and cafes in planters will entail a substantial financial investment. If a cafe owner enters into an easement agreement with the City, said cafe owner will have priority over subsequent applicants for a cafe in the planter for the following two cafe seasons assuming that the City continues to authorize cafes in planters. The priority is to the individual business owner of said cafe owner and cannot be assigned or sold to another cafe owner. After three (3) seasons, there will be a lottery for the cafe spaces in the planter. In order to be eligible for the lottery, a cafe owner will need to submit a written application by February 1 following the third cafe season. If no applications are received by February 1, the City will consider applications filed after February 1 on a first come, first serve basis. The City will provide information on the lottery on its website. Platforms 1. Sidewalk cafes may be located on a platform on top of a public sidewalk if the City Manager or designee determines there is excessive slope in the sidewalk and approves the design and if suitable access is provided for persons with disabilities. 4 2. Sidewalk cafes may be located on a concrete platform in the right of way that is not a public sidewalk if the City Manager or designee approves the concrete design and if suitable access is provided for persons with disabilities. Fencing shall not be more than three feet (T) in height, measured from the plane on which the chair sits to the top of the railing, excluding finials. City Manager 1. The City Manager is authorized to approve any other provision or require any other restriction regarding the use of the public right of way by a sidewalk cafe that is not inconsistent with this policy or the City Code. Fees 1. Annual fee for sidewalk cafes located directly on the public right -of -way: $5.00 per square foot. 2. Annual fee for sidewalk cafes located on a structure /platform (including cement platform) placed on the public right -of -way: $10.00 per square foot. 3. Annual fee for the area of the sidewalk cafe utilizing an elevated planter on the public right -of -way: $10.00 per square foot. The annual fee for the portion of a "planter" sidewalk cafe that is not located on the elevated planter: $5.00 per square foot. 4. Deposit for sidewalk cafes which place anchored fencing in the public right -of -way: $200.00. This deposit shall be refunded if the right -of -way, and planter if applicable, is restored to its prior condition by the sidewalk cafe owner to the satisfaction of the City. 5. Deposit for sidewalk cafes which place a structure /platform (including cement platform) on the public right -of -way, regardless of whether anchored fencing is used: $500.00. This deposit shall be refunded if the structure /platform is removed, and the right -of way is restored to its prior condition by the sidewalk cafe owner to the satisfaction of the City. 6. Deposit for sidewalk cafes which utilize an elevated planter in the public right -of -way: $1,000.00. This deposit shall be refunded if the platform is removed, and the right -of -way is restored to its prior condition by the sidewalk cafe owner to the satisfaction of the City. 7. If the initial easement agreement is for less than one season, the fees listed in Paragraphs 1 -4 above shall be prorated on a quarterly basis. 8. Electricity fee for using electrical outlet for lights for cafes in planters: $45 per year. 9. Recording fee for the easement agreement: Actual fee charged by County Recorder. 5 Section 10 -3 -3 of the City Code A. Sidewalk cafes are permitted in the public right of way only in the CB -2, CB -5 and CB -10 zones (the downtown and the commercial areas directly north and south of the downtown). B. No person shall operate a sidewalk cafe without executing an easement agreement. C. Each sidewalk cafe applicant shall file an application for an easement agreement with the Public Works Department, on forms provided by the City. D. The City Manager, or designee, shall either grant or deny the application within thirty (30) days of the application being filed. If the application is granted, the City Manager, or designee, is authorized to enter into a public right of way easement agreement. If the application is denied, the applicant may appeal to the City Council by filing a written appeal with the City Council, and the appeals process shall be the same as provided for mobile vendors in this chapter. The City retains the right to limit the number of sidewalk cafes. E. After execution of an easement agreement, the City Manager, or designee, shall retain the right to terminate the easement agreement but only after written notice of violation has been given and the time to cure the violation has expired. Grounds for termination of the easement agreement shall include, but not be limited to, repeated violations of the state and liquor control laws, violations of the easement agreement, and creating a safety hazard, health hazard and /or public nuisance under state or local law. Additionally, the City Manager, or designee, retains the right to terminate the easement agreement and direct removal of sidewalk cafe operations if there is a substantial and reasonable need for use of the public right of way for a valid public purpose. The cafe owner has the right to appeal a decision to terminate the agreement to the City Council. The appeals process shall be the same as provided for mobile vendors in this chapter. F. The easement agreement, at a minimum, shall require the cafe operator to provide a certificate of insurance satisfactory to the City, and shall agree to hold the City harmless against any and all liability arising from or relating to the operation of the sidewalk cafe or the location of the cafe on the public right of way including, but not limited to, all claims arising from occurrences or accidents within the sidewalk cafe area, including the walkway through a cafe. G. Sidewalk cafes shall operate only between the hours of seven o'clock (7:00) A.M. and twelve o'clock (12:00) midnight. H. Food and beverages must be available for service to patrons in a sidewalk cafe during all hours of operation. Sidewalk cafes shall not operate when the restaurant kitchen is closed. I. A sidewalk cafe serving alcoholic beverages shall have an employee monitoring the area at all times during the hours alcohol is consumed and shall dispense any alcoholic beverage under state and local law. J. Amplified sound equipment shall not be permitted. K. The operation of any sidewalk cafe shall be in conformity with all applicable federal, state, and local laws and regulations. L. All fees for the operation of a sidewalk cafe shall be set by resolution. M. The City Manager is authorized to establish administrative rules not inconsistent with any ordinance or policy adopted by the City Council. A copy of the policy and rules shall be on file with the City Clerk and available of the City website. [.1 Prepared by Susan Dulek, Ass't. City Attorney, 410 E. Washington St., Iowa City, IA (319)356 -5030 RESOLUTION NO. RESOLU ON ADOPTING A POLICY FOR USE F PUBLIC RIGHT - OF -WAY R SIDEWALK CAFES AND RESCI DING RESOLUTION NO. 07 -227. WHEREAS, sidewalk fes are a use of the public ri ht of way in the CB2, CB5, and CB 10 zones; WHEREAS, the City rece tly amended Section 10 -3 -3 of the City Code to regulate sidewalk cafes primarily by ans of Council ado ted policy; WHEREAS, in Resolution No. 7 -227, City uncil adopted a fee schedule and deposit requirements for sidewalk cafes; nd WHEREAS, the City should ado t on policy for sidewalk cafes that includes the regulations and fees. NOW, THEREFORE, BE IT RES D BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. The attached "Side alk Cafe Pol y" is adopted. 2. Resolution No. 0 -227 is rescinded its entirety. Passed and approved this day of \ , 2012. ATTEST: CITY LERK MA by: 9-q.-(x City Attornek's Office SIDEWALK CAFE POLICY (adopted Res. No. 12 -414 ) 8/29/12 In addition to the policy set forth below, sidewalk cafes are governed by Section 10 -3 -3 of the City Code, which is set forth below at the end of the policy. Location. 1. Sidewalk cafes may be located i� the public right of way only in the CB -2, CB -5 and CB- 10 zones (the downtown and the comm rcial areas directly north and south of he downtown). 2. In City Plaza (a /k/a, the ped mall), afes may be located in either zo e 1 or zone 2 if in conjunction with zone 1. Zone 1 is the are within ten feet (10') of the buil ings. Zone 3 is the emergency /service lane through the middle of City Plaza. Zone 2 is the maining area. For the specific definitions of the zones in City see Section 10 -5 -1 o he City Code. Usable Sidewalk Cafe Area 1. In the CB -10 zone with the exception of ity Plaza, a si walk cafe area may not extend onto the sidewalk in a manner that will not allow minimum o eight feet (8') of unobstructed walkway on the side of the cafe that is parallel to he buildin The eight -foot (8') unobstructed walkway does not apply to cafes located on the s eet. 2. In City Plaza, there must be a minimum of e h eet (8') of unobstructed walkway between the side of the cafe that is parallel to the b ng and any public elevated planter. If a sidewalk cafe extends into zone 2, there must be Araight, unobstructed walkway, which is at least five feet (6) wide, through the cafe /zone . S id walkway shall be included within the sidewalk cafe area and as such, shall be c trot of the establishment and subject to the annual fee. The walkway must be de su h a manner that the entire cafe abuts the building. In the event that an adjacent ent s ks to locate an abutting sidewalk cafe entirely in zone 1 such that said walkwad at t e abutting cafe, the cafe owner must relocate the cafe to zone 1 within thirty ( f writt n notice from the City. 3. In the CB -2 and CB -5 zones, pie minimum of eight eet (8') of unobstructed sidewalk is not required if the existing sidewalks less than eight feet ') in width. If the sidewalk is less than eight feet (8') in width, a side alk cafe may not exten into or encompass in any manner the existing sidewalk and may n9ft impede pedestrian traffic. 4. A sidewalk cafe area ay not be located in street corn r areas defined by building lines extended to the street and closer than ten feet (10') from a alley. However, a cafe may be located between two feet ') and ten feet (10') from an alley it fencing fencing located within ten feet (10') is a type that is lei s han twenty percent (20 %) solid. 5. A sidewalk caf' may not extend beyond the building line eAended, except for those on the street or in a pla er. 6. A sidewadIcafe serving alcohol shall be contiguous with a side of the building wherein the establishment is located. For cafes in the street and in planters, the contiguous requirement may be satisfied by an overhead canopy at least five feet (6) wide connecting the building to the cafe. The design of the canopy shall be approved by the City. The area underneath the canopy shall be under the control of the establishment and is subject to the annual fee. 7. A cafe on the sidewalk that does not abut the building must be located a maximum of three feet (3') from the curb as determined by the City. Operation of Sidewalk Cafes 1. Advertising shall not be permitted in t e sidewalk cafe area except for the name of the establishment on chairs, tables, umbrellas or ther amenities, as approved by the City. 2. No blockage of building entrances or 3. Additional restroom capacity may be codes. is is permitted in a sidewalk cafe area. uired to comply with local building and housing 4. Occupancy limits are determined as set f rth in the Cityilding code. 5. No additional parking is required for the op ration of sidewalk cafe. 6. Sidewalk cafes are subject to annual inspe ions 7d may be inspected at any other time at the City's discretion. 7. The sidewalk cafe owner is responsible for surrounding five feet (6) in a clean and litter free i 8. All sidewalk cafes must meet the accessibility Easement Agreement 1. The agreement shall be between building owner, if different than the cafe 2. The agreement shall provide terminated if the City determines that City and the removal and shall maintain the area and r during all hours of operation. no property right is right of way is nee( of City, State, and federal law. owner with the approval of the and that it may be 3. The agreement shall includ provisions for insurance, 'ndemnifcation, fencing, maintenance, including vegetati0 and the subsurface if appli ble, and any other reasonable provision as determined by the ty Manager, or designee. 4. The agreement shall in lude a schematic diagram that sh ws that the cafe and platform, if applicable, comply with this Policy and the City Code. Except fk cafes on City Plaza, the design shall include all existirig streetscape amenities and utility fe tures (such as valves and manholes) within eight feet (8') of the proposed cafe. 5. Except for cafes located on the street, the agreement shall be issued from February 1 through January 31. The initial agreement may be less than the one year, but shall expire on January 31. 6. The agreement shall be recorded at the cafe owner's expense. 2 Fencing (For Cafes Not on the Street) 1. Except during the term of the i February 28 thereafter, and with the e cafe extends into zone 2, the area for During the initial easement agreemen delineated by ropes or some other su who are visually impaired. 7i i I easement agreement and from December 1 to beption of the entrances to the walkway required when a i sidewalk cafe shall be delineated Py anchored fencing. and from December 1 to February 28, said area may be able method which shall be dete able by pedestrians 2. Fencing shall be constructed of durable material, such as teel, aluminum, or wrought iron. Wood fencing shall not be allowed. The City shall approve t e design. 3. If stored outdoors, tables, chairs, Nd ther items sha ll a secured within the anchored fencing at the end of each day's operatiohat they are u usable and shall not block or obstruct emergency exits. If anchored fe is not used ables, chairs and other items shall be removed at the end of the day's operaand the si walk cafe area shall be restored to its normal condition as a pedestrianway. 4. The cafe owner shall be responsible fo by the placement of any anchored fencing. 5. Planters with flowers and /or other veg and anchored fencing to delineate the sidevyd Ik approved by the City Manager, or designe , su' amages to the public right of way caused are allowed as an alternative to temporary The design of the planters shall be to the following limitations: a. The planters shall, /note owner's op on, be either fastened to each other or removed from the sidey Plaza at th end of the day's operation along with the tables, chairs, and othe b. The planters shall s than twenty ven inches (27 ") or more than thirty six inches (36 ") in height elantings. c. The planters shall metal or have a etal frame. 6. Anchored fencing ova concrete platform may reml in year round. 1. Except as pro ided herein, a sidewalk cafe shall not tilize or encompass any public amenities, includin but not limited to, benches, seats, table ,trash receptacles, public art, bike racks, water spigo , kiosks, posting pillars, and pergolas. T e City Manager or designee may approve the utili tion, encompassing, or relocation of a publi amenity on the condition that the cafe owner pay II associated costs. 2. A sidewalk cafe may encompass trees, tree rings, light p Yes, water valves, manholes, and stormwater intakes but shall not interfere with their care, mai tenance or operation. Access shall be available to the City for their care and maintenance. 3. Amenities, including trees, tree rings and light poles, shall be considered obstructions for purposes of the requirements of the eight foot (8) unobstructed walkway. 4. The amenities used in the sidewalk cafe area shall be maintained in good condition. 5. Upon payment of the electriciyylfee, the cafe owner may use the Ci 's electrical outlet but only for lights. Planters 1. A sidewalk cafe may encomp s or utilize an elevated meets the following criteria, as determ ed solely by the City: a. It does not interfere wit pedestrian movement. b. It does not adversely aff ct drainage. c. It does not adversely affe t public or city utilitie, d. It does not adversely affec trees, shrubs or oj!i e. It enhances the appearanc of the surround' a enhances the use of City Plaza. f. It does not interfere with the 1 g. It is not otherwise contrary to 2. If utilizing two planters, the area between \he cafe area but need not be delineated as such unl s! 3. With the consent of the adjacent property o0 may extend beyond the building line extended f the building line extended is less than ten feet (1 '). Tt building lines extended with the consent of ose pry if the proposed cafe Dr plantings. area, and if in City Plaza, it lity 9(f any other existing sidewalk cafe. ;lanters shall be included in the sidewalk tables and chairs are present. and first floor tenants, if any, the cafe stance between the planter and the cafe may extend beyond additional ,Brty owners and first floor tenants, if any. 4. The cafe owner shall pay all cost associated w h the cafe including, but not limited to, the cost to move water mains and wate service lines, t remove and plant vegetation, to move electrical outlets, and to cut and re stor the limestone. 5. The City may require the ca " owner to add plantin s within the cafe area at the cafe owner's cost. 6. This provision i/ize ss the following two competi g concerns: There are a limited number of planters and cafes' planters will entail a substanti I financial investment. If a cafe owner enters into an e agreement with the City, said c fe owner will have priority over subsequent applicants e in the planter for the following o cafe seasons assuming that the City continues to acafes in planters. The priority is t the individual business owner of said cafe owner and be assigned or sold to another caf owner. After three (3) seasons, there will be for the cafe spaces in the planter. order to be eligible for the lottery, a cafe owner wo submit a written application by Fe ruary 1 following the third cafe season. If no applications are received by February 1, the City will consider applications filed after February 1 on a first come, first serve basis. The City will rovide information on the lottery on its website. 4 Platforms (For Cafes Not on the Street) 1. Sidewalk cafes may be located on a platform on top of a public sidewalk if the City Manager or designee determines there is excessive slope in the sidewalk and approves the design and if suitable access is provided for persons with disabilities. 2. Sidewalk cafes may be located on a concrete platform in the right of ay that is not a public sidewalk if the City Manager or designee approves the concrete desi n and if suitable access is provided for persons with d' abilities. Fencing shall not be more an three feet (3') in height, measured from the plane on hich the chair sits to the top of the r iling, excluding finials. Cafes on the Street 1. An establishment cannot operate a cafe in the street if ere is sufficient room on the sidewalk for a cafe with an area of at least ne- hundred twenty quare feet (120 sq. ft.). 2. There shall be a minimum four fo t (4') buffer o either end of the cafe for safety reasons. These buffers shall be establishe and maintai d by the City and may be used for moped parking and /or bicycle parking. The b ffer is sub' ct to the annual fee. As used in this policy, the term sidewalk cafe area does not in lude the -foot buffer. 3. The sidewalk cafe area may include the orti of the parking space beyond the building line extended if the cafe owner has obtained the sent of the adjacent property owner and first -floor tenant, if any. The 4 -foot bAthat Gated beyond the building line extended without consent. If a portion of the panot within the building line extended, the sidewalk cafe area cannot utilize that ven with consent. Parking spaces will not be restriped to align with building line 4. Cafes, including the 4 -foot b bl k face cannot utilize more than thirty percent (30 %) of the total parking spa ck fa e. 5. Cafes cannot be located i0oading zones. 6. Cafes cannot be set before April 1 and shall be r moved no later than the Tuesday following the last Liniversit of Iowa home football game. afes may have to be removed temporarily at the cafe ow is sole expense to accommodate n event on the street permitted by the City (e.g., criteriu 7. The portion of he cafe located on the street shall be on a p tform. The design features of the platform shall a submitted with the application. The platfor shall not impede drainage in the street gutter. 8. The area Or a sidewalk cafe shall be delineated by anchored fending. Fencing shall be constructed of a durable material, such as steel, aluminum, or wrought iron. Wood fencing shall not be allowed. The City shall approve the design. 5 9. If stored outdoors, tables, chairs, and other items shall be secured within the anchored fencing at the end of each day's operation so that they are unusable. 10. Planters with flowers and /or other vegetation are allowed as an alternative to anchored fencing to delineate the side Walk cafe. The design of the planters shall be approved by the City Manager, or designee, subjVct to the following limitations: a. The planters tall be fastened to the platform. b. The planters shpil not be less than twenty seven inch (27 ") or more than thirty - six inches (36 ") in heig excluding plantings. C. The planters sha be either metal or have a metal f me. 11. The fee shall be a comb' ati footage "right of way" fee for the o square footage "platform" fee for p each parking space regardless of th bollard fee. If any portion of the cafe area will be the annual square footage on of the following four 4) fees: a) The annual square rtion of the cafe locat d on the sidewalk; b) the annual ion of the cafe local d on the street; c) the daily fee for amount of the park' g space that the cafe utilizes; and d) ocated on the si¢6walk is on a platform, the fee for that latform" fee. 12. There is no guarantee that the Cit will conti a to authorize cafes in the street. The cafe agreement will include a paragraph in ubstaqtial compliance with the following: Cafe owner further acknowledges an rees that no property right is conferred by this agreement for the-use of portions of th public right -of -way, that the City is not empowered to grant permanent or perpetual use f 'ts right -of -way for private purposes, that the City may order said locations and /or use wit 'n the right -of -way to cease and desist if, for any reason, the City determines that sa' right f- ay is needed for a public use and should be cleared of any and all obstruct , and t t the cafe owner shall not be entitled to any compensation should the City el to do so. 13. This provision is to address t e following two competing concerns: The "30% limitation" limits the number of establishments,/hat will be allowe to operate a cafe in the street and cafes on the street will entail a substanti financial investme . If a cafe owner enters into an easement agreement with the Ci ,said cafe owner will ave priority over subsequent applicants for a cafe within the ame block face for the fo owing two calendar years assuming that the City continues to auth rite cafes in the street (se the immediately preceding paragraph). The priority is t the individual business owne of said cafe and cannot be assigned or sold to another cafe own r. After three (3) years, there wi be a lottery for the cafe spaces within the block face. In o der to be eligible for the lottery, a fe owner will need to submit a written application by Fe ruary 1 following the third calendar y ar. If no applications are received by February 1 the City will consider applications filed fter February 1 on a first come, first serve basis. The ity will provide information on the lottery nits website. City Manager 1. The City Manager is authorized to approve any other provision or require any other restriction regarding the use of the public right of way by a sidewalk cafe that is not inconsistent with this policy or the City Code. 6 Fees 1. Annual fee for sidewalk cafes located directly on the public right -of -way: $5.00 per square foot. / 2. Annual fee for sidew4 cafes located on a structure /platform (yf�cluding cement platform) placed on the public right -of- y: $10.00 per square foot. / 3. Annual fee for the area Y the sidewalk cafe utilizing an Oevated planter on the public right -of -way: $10.00 per squar foot. The annual fee for the portion of a "planter" sidewalk cafe that is not located on the ele ated planter: $5.00 per squ a foot. 4. Annual fee for a sidewalk catf located on the stree $5.00 per square foot for the area located on the sidewalk plus $10.0 square foot for th . area located on the platform on the street plus daily fee for each parking ace as set forth n the City Code (presently, $12.00 per day) for every day the platform is on th street plus bol rd fee. 5. Deposit for sidewalk cafes whic place a chored fencing in the public right -of -way: $200.00. This deposit shall be refunded the rig -of -way, and planter if applicable, is restored to its prior condition by the sidewalk cafe o ner t the satisfaction of the City. 6. Deposit for sidewalk cafes which on the public right -of -way, regardless of deposit shall be refunded if the structure /K its prior condition by the sidewalk cafe owj a structure /platform (including cement platform) ier anchored fencing is used: $500.00. This n is removed, and the right -of way is restored to the satisfaction of the City. 7. Deposit for sidewalk cafes wh' h utilize n elevated planter in the public right -of -way: $1,000.00. This deposit shall be ref nded if th platform is removed, and the right -of -way is restored to its prior condition by the idewalk cafe kwner to the satisfaction of the City. 8. If the initial easement reement is for ss than one season, the fees listed in Paragraphs 1-4 above shall be rotated on a quarter basis. 9. Electricity fee for usin electrical outlet for lights for cafes in planters: $45 per year. 10. Bollard Fee: ActLffil cost of the bollards based on \a five (5) year life cycle plus one (1) hour labor at the MWY pay grade to install, maintain, a \dremove the 4 -foot buffer. If the platform is removed mporan y during the year, the lab ee is assessed again when the platform is reinstall A minimum of two (2) bollards be required, and the City shall determine if additio I bollards are needed. 11. Recording fee for the easement agreement: Actual fee chkged by County Recorder. 7 Section 10 -3 -3 of the Citv Code A. Sidewalk cafes are permitted in the public right of way only in the CB -2, CB -5 and CB -10 zones (the downtown and the commercial areas directly north and south of the downtown). B. No person shall operate a sidewalk cafe without executing an easement agreement. C. Each sidewalk cafe applicant shall file an applic tion for an easement agreement with the Public Works Department, on forms provided by the ity. D. The City Manager, or designee, shall either rant or deny the application within thirty (30) days of the appli ti being filed. If the applic ion is granted, the City Manager, or designee, is authorized to a er into a public right of way asement agreement. If the application is denied, the applicant may ppeal to the City Counc' by filing a written appeal with the City Council, and the appeals pro ess shall be the sam as provided for mobile vendors in this chapter. The City retains the ri t to limit the number of sidewalk cafes. E. After execution o n easement agre ment, the City Manager, or designee, shall retain the right to terminate the ea ement agreem t but only after written notice of violation has been given and the time to cur violation as expired. Grounds for termination of the easement agreement shall include, ut not be imited to, repeated violations of the state and liquor control laws, violations of the sement greement, and creating a safety hazard, health hazard and /or public nuisance unde state or local law. Additionally, the City Manager, or designee, retains the right to terminate a sement agreement and direct removal of sidewalk cafe operations if there is a substantial n reasonable need for use of the public right of way for a valid public purpose. The cafe own r has the right to appeal a decision to terminate the agreement to the City Council. The app s process shall be the same as provided for mobile vendors in this chapter. F. The easement agree nt, t a minimum, shall require the cafe operator to provide a certificate of insurance s tisfacto to the City, and shall agree to hold the City harmless against any and all liability arising fr or relating to the operation of the sidewalk cafe or the location of the cafe on the public righ of way including, but not limited to, all claims arising from occurrences or acc' ents within a sidewalk cafe area, including the walkway through a cafe. G. Sidewalk cafes all operate only tween the hours of seven o'clock (7:00) A.M. and twelve o'clock (12:00) mid ight. H. Food and bev rages must be availa le for service to patrons in a sidewalk cafe during all hours of operatio . Sidewalk cafes shall of operate when the restaurant kitchen is closed. I. A sidewalk cafe serving alcoholic bever ges shall have an employee monitoring the area at all times duri g the hours alcohol is consum d and shall dispense any alcoholic beverage under state d local law. J. Amplifi d sound equipment shall not be pe itted. K. The eration of any sidewalk cafe shall be i conformity with all applicable federal, state, and ocal laws and regulations. L. All fees for the operation of a sidewalk cafe shalloe set by resolution. M. The City Manager is authorized to establish adminVi rative rules not inconsistent with any ordinance or policy adopted by the City Council. A copy of the policy and rules shall be on file with the City Clerk and available of the City website. 8 Date: August 29, 2012 CITY OF IOWA CITY MEMORANDUM To: Tom Markus, City Manager From: Rick Fosse, Public Works Director PLP�-' RE: Sidewalk Cafe Code Revisions Introduction The September 4, 2012 Council agenda contains two items related to Sidewalk Cafes. The first item is the third reading to pass and adopt an ordinance that will provide that cafes will be regulated primarily by a policy adopted by City Council. The second item is a resolution that adopts the policy. Approval of the resolution is contingent upon adoption of the ordinance. History /Background These items have been the subject of considerable comment at the first two readings of the ordinance. There appears to be little objection to the ordinance converting much of the regulation to policy. Rather the comments have been focused on the content of that policy and more specifically, the two new opportunities proposed in the policy for use of parking spaces and planters for cafe area. Discussion of Solution To seek broader public input on the changes, staff has provided the Iowa City Downtown District (ICDD) with a summary of the proposed policy for distribution to their members for review and comment. The ICDD is compiling comments and will share them with the City, but they are not yet available at the time of this memo. The policy in the packet has two changes from the policy that appeared in the August 21St packet. Both changes are related to the use of planters. The first change requires the consent of the adjacent property owner and first floor tenant if use of the planter area extends in front of an adjacent property. The second change specifies that to use a planter, it must be within 10' (formerly 8') of the building line extended. Financial Impact The financial impact of this change will be revenue neutral. There are no proposed fee increases at this time, but two new fees are being established for the use of electricity and for cafes on the street. However, we expect that increased fees will be proposed during the budget process and the fees charged for use of parking spaces will be subject to future changes in parking rates. Recommendation Staff recommends that the ordinance be passed and adopted. Staff also recommends that the resolution establishing policy be passed upon review and consideration of public comment. If the Council desires more time to consider planter and /or parking, staff recommends that a scaled back version be adopted that excludes one or both of these opportunities. 11 SIDEWALK CAFE POLICY (adopted Res. No. 12 -_) 8/21/12 In addition to the policy set forth below, sidewalk cafes are governed by Section 10 -3 -3 of the City Code, which is set forth below at the end of the policy. Location 1. Sidewalk cafes may be loc ted in the public right of way only in th CB -2, CB -5 and CB- 10 zones (the downtown and the co mercial areas directly north and sozh of the downtown). 2. In City Plaza (a /k/a, the ped m I), cafes may be located in eit r zone 1 or zone 2 if in conjunction with zone 1. Zone 1 is the ea within ten feet (10') oft buildings. Zone 3 is the emergency /service lane through the mid le of City Plaza. Zone 2 ' the remaining area. For the specific definitions of the zones in Cit Plaza, see Section 10 -1 of the City Code. Usable Sidewalk Cafe Area 1. In the CB -10 zone with the exception f onto the sidewalk in a manner that will not alto walkway on the side of the cafe that is parallel walkway does not apply to cafes located on the 2. In City Plaza, there must be a minimum between the side of the cafe that is parallel to i sidewalk cafe extends into zone 2, there must least five feet (6) wide, through the cafe in zo sidewalk cafe area and as such, shall be un the annual fee. The walkway must be delin ato City Plaz a sidewalk cafe area may not extend a miniripm of eight feet (8') of unobstructed p the b (ding. The eight -foot (8') unobstructed A ght feet (8') of unobstructed walkway i uilding and any public elevated planter. If a a straight, unobstructed walkway, which is at 1. aid walkway shall be included within the the ntrol of the establishment and subject to 1 in s ch a manner that the entire cafe abuts the building. In the event that an adjacent e7YO)Odsays lihment s eks to locate an abutting sidewalk cafe entirely in zone 1 such that said walkwauld end at he abutting cafe, the cafe owner must relocate the cafe to zone 1 within thirty of writ n notice from the City. 3. In the CB -2 and CB -5 zones, t e minimum of eight eet (8') of unobstructed sidewalk is not required if the existing sidewalk A less than eight feet ') in width. If the sidewalk is less than eight feet (8') in width, a side Ik cafe may not extend 'nto or encompass in any manner the existing sidewalk and may no impede pedestrian traffic. 4. A sidewalk cafe area ma not be located in street corne areas defined by building lines extended to the street and no oser than ten feet (10') from an Iley. However, a cafe may be located between two feet (2') nd ten feet (10') from an alley if th fencing located within ten feet (10') is a type that is less tha twenty percent (20 %) solid. 5. A sidewalk cafe magi not extend beyond the building line exter%ied, except for those on the street or in a planter. 6. A sidewalk caf6 serving alcohol shall be contiguous with aside of Me building wherein the establishment is located. For cafes in the street and in planters, the contiguous requirement may be satisfied by an overhead canopy at least five feet (6) wide connecting the building to the cafe. The design of the canopy shall be approved by the City. The area underneath the canopy shall be under the control of the establishment and is subject to the annual fee. Operation of Sidewalk Cafes 1. Advertising shall not be permitted in the sidewalk cafe area ex pt for the name of the establishment on chairs, tables, umbrellas or other amenities, as appr7ved by the City. 2. No blockage of building entrances or exit, permitted in a §Idewalk cafe area. 3. Additional restroom capacity may be r quired to /oa th local building and housing codes. 4. Occupancy limits are determined as s t forth in ilding code. 5. No additional parking is required for the operatiwalk cafe. 6. Sidewalk cafes are subject to annual ins ctionbe inspected at any other time at the City's discretion. 7. The sidewalk cafe owner is responsible for i<rqth removal and shall maintain the area and surrounding five feet (6) in a clean and litter free m nner during all hours of operation. 8. All sidewalk cafes must meet the accessib Easement Agreement 1. The agreement shall be between the Pity and building owner, if different than the cafe ow per. ndards of City, State, and federal law. cafe owner with the approval of the 2. The agreement shall provide thatVo property righs conferred and that it may be terminated if the City determines that the fight of way is nelpded. 3. The agreement shall include p visions for insuran e, indemnification, fencing, maintenance, including vegetation a Ya the subsurface if a ridicable, and any other reasonable provision as determined by the City panager, or designee. 4. The agreement shall inclu a schematic diagram tha shows that the cafe and platform, if applicable, comply with this pYrteetscape y and the City Code. Exce t for cafes on City Plaza, the design shall include all existing amenities and utilit features (such as valves and manholes) within eight feet (8') he proposed cafe. 5. Except for cafes loca d on the street, the agreement shall a issued from February 1 through January 31. The initi t I agreement may be less than the on year, but shall expire on January 31. 6. The agreement shall be recorded at the cafe owner's expense. 2 Fencing (For Cafes Not on the Street) 1. Except during the term of the initial easement agreement and from December 1 to February 28 thereafter, and with the exception of the entrances to the walkway required when a cafe extends into zone 2, the area for a sidewalk cafe shall be delineated by anchored fencing. During the initial easement agreement from December 11 to February 28, said area may be delineated by ropes or some other sui ble method which s II be detectable by pedestrians who are visually impaired. 2. Fencing shall be constructed of durable material, such as steel, aluminum, or wrought iron. Wood fencing shall not be allowed. The City shall a prove the design. 3. If stored outdoors, tables, chairs, a d other item shall be secured within the anchored fencing at the end of each day's operation that they re unusable and shall not block or obstruct emergency exits. If anchored fenci g is not ed, tables, chairs and other items shall be removed at the end of the day's operation and th sidewalk cafe area shall be restored to its normal condition as a pedestrianway. 4. The cafe owner shall be responsible by the placement of any anchored fencing. 5. Planters with flowers and /or other veg, and anchored fencing to delineate the sidewa approved by the City Manager, or designee, any damages to the public right of way caused a. The planters shall, at the cafe o ner's I removed from the sidewalk or City Iaza at tables, chairs, and other items. b. The planters shall not be les than twe inches (36 ") in height excluding lantings. c. The planters shall be eithe metal or h, 6. Anchored fencing on a Public Amenities and Utilities are allowed as an alternative to temporary The design of the planters shall be to the following limitations: ion, be either fastened to each other or e end of the day's operation along with the seven inches (27 ") or more than thirty six metal frame. platform may rdCnain year round. 1. Except as provided herei , a sidewalk cafe shall no utilize or encompass any public amenities, including, but not limi d to, benches, seats, tab' s, trash receptacles, public art, bike racks, water spigots, kiosks, po ting pillars, and pergolas. a City Manager or designee may approve the utilization, encom assing, or relocation of a publi amenity on the condition that the cafe owner pay all associated osts. 2. A sidewalk cafe may ncompass trees, tree rings, light po es, water valves, manholes, and stormwater intakes but Ahall not interfere with their care, main nance or operation. Access shall be available to the Citk for their care and maintenance. 3. Amenities, includin�4rees, tree rings and light poles, shall be c nsidered obstructions for purposes of the requirements of the eight foot (8') unobstructed walkwa . 4. The amenities used in the sidewalk cafe area shall be maintained in ood condition. 3 5. Upon payment of the electricity fee, the but only for lights. , Planters 1. A sidewalk cafe may encompass c meets the following criteria, as determine a. It does not interfere with b. It does not adversely affe c. It does not adversely affe d. It does not adversely affe e. It enhances the appearan enhances the use of City Plaz f. It does not interfere with th g. It is not otherwise contrary 2. If utilizing two planters, the area be cafe area but need not be delineated as s r may use the City's electrical outlet utilize an ele ated planter if the proposed cafe solely by the ity: destrian mov ment. drainage. public or cit utilities. trees, shru s or other plantings. of the sur our area, and if in City Plaza, it function ity of any other existing sidewalk cafe. > public i terest. m tho planters shall be included in the sidewalk unl ss tables and chairs are present. 3. The cafe may extend beyond the buildi ine extended, but the distance between the planter and the building line extended shall not a greater than eight feet (8'). 4. The cafe owner shall pay all costs as ci ted with the cafe including, but not limited to, the cost to move water mains and water se ce I es, to remove and plant vegetation, to move electrical outlets, and to cut and restore the imes ne. 5. The City may require the cafe ow r to add lantings within the cafe area at the cafe owner's cost. 6. This provision is to address the following two dympeting concerns: There are a limited number of planters and cafe/submit nt rs will entail a s stantial financial investment. If a cafe owner enters into an easem ment with the City, said cafe owner will have priority over subsequent applicants for a he planter for the fol wing two cafe seasons assuming that the City continues to authori ca sin planters. The prio ty is to the individual business owner of said cafe owner and cannssigned or sold to anoth r cafe owner. After three (3) seasons, there will be a lottee cafe spaces in the pla ter. In order to be eligible for the lottery, a cafe owner will neebmit a written application February 1 following the third cafe season. If no applicatioreceived by February 1, the ity will consider applications filed after February 1 on a fir, first serve basis. The City ill provide information on the lottery on its website. Platforms For Cafes Not oO the Street 1. Sidewalk cafes m be located on a platform on top of a public si ewalk if the City Manager or designee det rmines there is excessive slope in the sidewalk d approves the design and if suitable acce ' provided for persons with disabilities. 4 2. Sidewalk cafes may be located on a concrete platform in the right of way that is not a public sidewalk if the City Manager or designee approves the concrete design and if suitable access is provided for persons with disabilities. Fencing shall not be more than three feet (3') in height, measured from the plane on which the chair sits to the top of the railing, excluding finials. Cafes on the Street 1. An establishment cannot operate a cafe in the street if there X sufficient room on the sidewalk for a cafe with an area of at lea4t one - hundred twenty square /feet (120 sq. ft.). 2. There shall be a minimum four Yoot (4) buffer on either end of the cafe for safety reasons. These buffers shall be establis ed and maintained by t e City and may be used for moped parking and /or bicycle parking. Th buffer is subject to t46 annual fee. As used in this policy, the term sidewalk cafe area does not include the 4 -foot b ffer. 3. The sidewalk cafe area may include the portion of the arking space beyond the building line extended if the cafe owner has obtaine the consent of a adjacent property owner and first -floor tenant, if any. The 4 -foot buffer m y be located yond the building line extended without consent. If a portion of the parking s ace is not w' hin the building line extended, the sidewalk cafe area cannot utilize that parking pace eve with consent. Parking spaces will not be restriped to align with building lines. 4. Cafes, including the 4 -foot buffer, in c block face cannot utilize more than thirty percent (30 %) of the total parking spaces in that ck face. 5. Cafes cannot be located in loading 6. Cafes cannot be set up before Apr i 1 and s all be removed no later than the Tuesday following the last University of Iowa hole football ame. Cafes may have to be removed temporarily at the cafe owner's sole ex p se to acco modate an event on the street permitted by the City (e.g., criterium). 7. The portion of the cafe loca on the street shall b on a platform. The design features of the platform shall be submitted ith the application. The latform shall not impede drainage in the street gutter. 8. The area for a sidewalk afe shall be delineated by ancho ed fencing. Fencing shall be constructed of a durable mate I, such as steel, aluminum, or wro ht iron. Wood fencing shall not be allowed. The City sh I approve the design. 9. If stored outdoors, Obles, chairs, and other items shall be secured within the anchored fencing at the end of eac ay's operation so that they are unusable. 5 10. Planters with flowers and /or other vegetation are allowed as an alternative to anchored fencing to delineate the sidewalk cafe. The design of the planters shall be approved by the City Manager, or designee, subject to the following limitations: a. The planters shall be fastened to the platform. b. The planters shall not be less than twenty seven inches (27 ") or more than thirty - six inches (36 ") in height excluding plantings. C. The planters shall be either metal or have a metal frame. % 11. The fee shall be a combination footage "right of way" fee for the po is square footage "platform" fee for porti r each parking space regardless of the a bollard fee. If any portion of the cafe to area will be the annual square footage "p of the following four (4) i of the cafe located on of the cafe located on t Dunt of the parking spac( ated on the sidewalk is�C atform" fee. / ee : a) The annual square we sidewalk; b) the annual street; c) the daily fee for that the cafe utilizes; and d) i a platform, the fee for that 12. There is no guarantee that the City ill continue to aut orize cafes in the street. The cafe agreement will include a paragraph in Aibstantial comp ance with the following: Cafe owner further acknowledges an agrees thaf no property right is conferred by this agreement for the use of portions of the ublic rig -of -way, that the City is not empowered to grant permanent or perpetual use of s right- f -way for private purposes, that the City may order said locations and /or uses wit 'n th right -of -way to cease and desist if, for any ht- reason, the City determines that said rig f- ay is needed for a public use and should be cleared of any and all obstructions, and t the cafe owner shall not be entitled to any compensation should the City elect to do so 13. This provision is to address the followin tw competing concerns: The "30% limitation" limits the number of establishments that will be allow to operate a cafe in the street and cafes on the street will entail a substantial financial ' vestme t. If a cafe owner enters into an easement agreement with the City, said caf" owner will ave priority over subsequent applicants for a cafe within the same block ace for the f Ilowing two calendar years assuming that the City continues to authorize cafes ' the street (se the immediately preceding paragraph). The priority is to the individ I business owne of said cafe and cannot be assigned or sold to another cafe owner. After thr (3) years, there I be a lottery for the cafe spaces within the block face. In order to be eli ible for the lottery, a afe owner will need to submit a written application by February 1 folio ing the third calendar ear. If no applications are received by February 1, the City will onsider applications filed fter February 1 on a first come, first serve basis. The City will provi a information on the lottery n its website. City Manager 1. The City Manager is au orized to approve any other provision r require any other restriction regarding the use o the public right of way by a sidewalk caf that is not inconsistent with this policy or the City Co e,- 0 Fees 1. Annual fee for sidewalk cafes located directly on the public right -of -way: $5.00 per square foot. 2. Annual fee for sidewalk cafes located fh a structure /platform (i cluding cement platform) placed on the public right -of -way: $10.00 per quare foot. 3. Annual fee for the area of the sidewalk cafe utilizing an evated planter on the public right -of -way: $10.00 per square foot. The a nual fee for the ortion of a "planter" sidewalk cafe that is not located on the elevated planter: 5.00 per squar foot. 4. Annual fee for a sidewalk cafe located on te street $5.00 per square foot for the area located on the sidewalk and within the 4 -foot buffe plus $ .00 square foot for the area located on the platform on the street plus daily fee for each parki g space as set forth in the City Code (presently, $12.00 per day) for every day the platfor is the street plus bollard fee. 5. Deposit for sidewalk cafes which place an ored fencing in the public right -of -way: $200.00. This deposit shall be refunded if the right- way, and planter if applicable, is restored to its prior condition by the sidewalk cafe owner tot atisfaction of the City. 6. Deposit for sidewalk cafes which place a truc re /platform (including cement platform) on the public right -of -way, regardless of wl r anc ored fencing is used: $500.00. This deposit shall be refunded if the structure /platfor is rem ved, and the right -of way is restored to its prior condition by the sidewalk cafe owner t ( the satis ction of the City. 7. Deposit for sidewalk cafes which /kcaf6 e an eleva ed planter in the public right -of -way: $1,000.00. This deposit shall be refundthe platfor is removed, and the right -of -way is restored to its prior condition by the sidew owner to he satisfaction of the City. 8. If the initial easement agreem nt is for less tha one season, the fees listed in Paragraphs 1 -4 above shall be prorate on a quarterly basis. 9. Electricity fee for using electrical outlet for lights for cafes in planters: $45 per year. 10. Bollard Fee: Actual cost of he bollards based on a five 5) year life cycle plus one (1) hour labor at the MWII pay gra to install, maintain, and re ve the 4 -foot buffer. If the platform is removed temporarily during the year, the labor fee i assessed again when the platform is reinstalled. A mini um of two (2) bollards will be r quired, and the City shall determine if additional bollards re needed. 11. Recording fee for the Basement agreement: Actual fee charged b�\County Recorder. 7 Section 10 -3 -3 of the City Code A. Sidewalk cafes are permitted in the public right of way only in the CB -2, CB -5 and CB -10 zones (the downtown and the commercial areas directly north and south of the downtown). B. No person shall operate a sidewalk cafe without executing an easement agreement. C. Each sidewalk cafe applicant shall file an application f r an easement agreement with the Public Works Department, on forms p vided by the City. D. The City Manager, or design , shall either grant o deny the application within thirty (30) days of the application being filed. If the application is ranted, the City Manager, or designee, is authorized to enter into a public r ht of way easeme t agreement. If the application is denied, the applicant may appeal to the Ci Council by filin a written appeal with the City Council, and the appeals process shall be th same as pro ided for mobile vendors in this chapter. The City retains the right to limit the nu ber of side Ik cafes. E. After execution of an easement a reement, t e City Manager, or designee, shall retain the right to terminate the easement agreem nt but o y after written notice of violation has been given and the time to cure the violation as ex red. Grounds for termination of the easement agreement shall include, but not be li Red , repeated violations of the state and liquor control laws, violations of the easement agre m nt, and creating a safety hazard, health hazard and /or public nuisance under state or loc law. Additionally, the City Manager, or designee, retains the right to terminate the easeme agreement and direct removal of sidewalk cafe operations if there is a substantial and reaso a e need for use of the public right of way for a valid public purpose. The cafe owner has a ri ht to appeal a decision to terminate the agreement to the City Council. The appeals pr cess s all be the same as provided for mobile vendors in this chapter. F. The easement agreement, a a minimu , shall require the cafe operator to provide a certificate of insurance satisfac ry to the C y, and shall agree to hold the City harmless against any and all liability arisin from or relatin to the operation of the sidewalk cafe or the location of the cafe on the publi right of way inc ding, but not limited to, all claims arising from occurrences or accidents ithin the sidewal cafe area, including the walkway through a cafe. G. Sidewalk cafes shall o erate only between the ours of seven o'clock (7:00) A.M. and twelve o'clock (12:00) midnight. H. Food and beverage must be available for sery ce to patrons in a sidewalk cafe during all hours of operation. Sid walk cafes shall not operat when the restaurant kitchen is closed. I. A sidewalk cafes ruing alcoholic beverages shall ave an employee monitoring the area at all times during the ours alcohol is consumed and sh I dispense any alcoholic beverage under state and loca law. J. Amplified soun equipment shall not be permitted. K. The operatiorf of any sidewalk cafe shall be in conformit with all applicable federal, state, and local law and regulations. L. All fees for the operation of a sidewalk cafe shall be set by\resolution. M. The City nager is authorized to establish administrative les not inconsistent with any ordinance or polic adopted by the City Council. A copy of the poli and rules shall be on file with the City Clerk and available of the City website. E: Marian Karr From: Anthony Browne <anthony.browne @live.com> Sent: Tuesday, August 28, 2012 6:38 AM To: Council Subject: FW: Proposed amendments to city code Attachments: ProposalAnthonyBrowne.zip From: Anthony Browne [ mailto:anthony.browne @ live.com] Sent: Monday, August 27, 2012 9:56 PM To: Council Cc: matt-hayek @iowa- city.org; susan -mims @iowa- city.org; 'terry- dickens @iowa - city.org'; 'rick- dobyns @iowa - city.org'; 'michelle -payne @iowa - city.org'; 'jim- throgmorton @iowa- city.org'; Tom Markus Subject: Proposed amendments to city code Hello City Council, I am Anthony Browne and I would like to submit proposed amendments to the Iowa City Code. This is in regards to both the proposed sidewalk cafe ordinance and the existing mobile vendor ordinance. I have attached a zip file named 'Pro posalAnthonyBrowne.zip' that contains three PDFs: Proposed Amendments.pdf, Policy.pdf, and Proposed Ordinance.pdf. I will explain the contents of these PDFs below. ProposedAmendments. pdf I have highlighted the portions of the proposed sidewalk cafe ordinance that I think should be changed. The portions that aren't highlighted are verbatim from the original. Regarding section C, the blue highlighted text is copied verbatim from the Policy, section Easement Agreement, items 1 -6. 1 believe this section from the Policy belongs in the Ordinance itself. This verbiage describes the parameters of the easement agreement previously defined in both section B and the first sentence of section C. I believe this language belongs here. The green highlighted text in section C is text that I actually added. This text more accurately describes and defines the terms of any easement agreement under this Ordinance and, more importantly, can resolve the dispute about the "lottery" that has arisen. If the lottery is removed and all applicants must submit their applications for an easement agreement on or before January 31St of the calendar year the easement agreement will cover, the City Manager can efficiently react to applications, as well as efficiently resolve any disputing applications. This would be wiser than creating a burdensome lottery. This also will make the process uniform with the way mobile vendor applications are handled. This would also provide sufficient due process to all parties, as any applicant denied an easement agreement due to competition could re -apply the following year. I feel this is a clean and elegant solution, satisfying the best interests of the City and any applicant for an easement agreement. The only problem this causes is that January 31, 2013 would be the first opportunity to do a first run. Some language would have to be added to the Policy to allow a trial run in 2012. The yellow highlighted text in sections G -J are items that I believe should be moved verbatim to the Policy. These items can all be changed by resolution and should therefore be in the Policy. The blue highlighted text in section N is text that as copied verbatim from the Policy, section Cafes on the Street, item 12. This appears to be language that would never change and therefore should be in the Ordinance, in my opinion. Policy. pdf I propose four changes to the Policy and they all have been described above. The first change is to move sections G -J from the Ordinance to items 9 -12 of section Operation of Sidewalk Cafes of the Policy. I also propose all of the section Easement Agreement, items 1 -6, should be moved to section C of the Ordinance. Additionally, I propose that item 12 of the section entitled Cafes on the Street be moved in its entirety to section N of the Ordinance. Finally, I believe that item 13 should be stricken in its entirety. Proposed Ordinance. pdf I propose that a new Ordinance be enacted that increases the number of mobile vendors from six (6) to eight (8). It is evident by the enactment of the new sidewalk cafe ordinance that it would not be against the public interest to increase the number of mobile vendors. Therefore, I would urge the Council to submit this proposed ordinance and increase the number of mobile vendors from six (6) to eight (8). Thank You For Your Time, Anthony Browne On behalf of Hillery's BBQ Prepared by: Anthony Browne, anth o ny. brown e(a)-1 ive. com New language added by aabrowne = Language proposed by aabrowne to be moved from Policy to Ordinance = Language proposed by aabrowne to be moved to Policy from Ordinance = _ RESOLUTION NO. RESOLUTION ADOPTING A POLICY FOR USE OF PUBLIC RIGHT- OF- WAY FOR SIDEWALK CAFES AND RESCINDING RESOLUTION NO. 07 -227. WHEREAS, sidewalk cafes are a use of the public right of way in the CB2, CB5, and CB10 zones; WHEREAS, the City recently amended Section 10 -3 -3 of the City Code to regulate sidewalk cafes primarily by means of Council adopted policy; WHEREAS, in Resolution No. 07 -227, City Council adopted a fee schedule and deposit requirements for sidewalk cafes; and WHEREAS, the City should adopt one policy for sidewalk cafes that includes the regulations and fees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. The attached "Sidewalk Cafe Policy" is adopted. 2. Resolution No. 07 -227 is rescinded in its entirety. Passed and approved this day of 2012. ATTEST: CITY CLERK MAYOR City Attorney's Office SIDEWALK CAFE POLICY (adopted Res. No. 12- ) In addition to the policy set forth below, sidewalk cafes are governed by Section 10 -3 -3 of the City Code, which is set forth below at the end of the policy. Location 1. Sidewalk cafes may be located in the public right of way only in the CB -2, CB -5 and CB- 10 zones (the downtown and the commercial areas directly north and south of the downtown). 2. In City Plaza (a/k /a, the ped mall), cafes may be located in either zone 1 or zone 2 if in conjunction with zone 1. Zone 1 is the area within ten feet (10') of the buildings. Zone 3 is the emergency /service lane through the middle of City Plaza. Zone 2 is the remaining area. For the specific definitions of the zones in City Plaza, see Section 10 -5 -1 of the City Code. Usable Sidewalk Cafe Area 1. In the CB -10 zone with the exception of City Plaza, a sidewalk cafe area may not extend onto the sidewalk in a manner that will not allow a minimum of eight feet (8') of unobstructed walkway on the side of the cafe that is parallel to the building. The eight -foot (8') unobstructed walkway does not apply to cafes located on the street. 2. In City Plaza, there must be a minimum of eight feet (8') of unobstructed walkway between the side of the cafe that is parallel to the building and any public elevated planter. If a sidewalk cafe extends into zone 2, there must be a straight, unobstructed walkway, which is at least five feet (6) wide, through the cafe in zone 1. Said walkway shall be included within the sidewalk cafe area and as such, shall be under the control of the establishment and subject to the annual fee. The walkway must be delineated in such a manner that the entire cafe abuts the building. In the event that an adjacent establishment seeks to locate an abutting sidewalk cafe entirely in zone 1 such that said walkway would end at the abutting cafe, the cafe owner must relocate the cafe to zone 1 within thirty (30) days of written notice from the City. 3. In the CB -2 and CB -5 zones, the minimum of eight feet (8') of unobstructed sidewalk is not required if the existing sidewalk is less than eight feet (8') in width. If the sidewalk is less than eight feet (8') in width, a sidewalk cafe may not extend into or encompass in any manner the existing sidewalk and may not impede pedestrian traffic. 4. A sidewalk cafe area may not be located in street corner areas defined by building lines extended to the street and no closer than ten feet (10') from an alley. However, a cafe may be located between two feet (2') and ten feet (10') from an alley if the fencing located within ten feet (10') is a type that is less than twenty percent (20 %) solid. 5. A sidewalk cafe may not extend beyond the building line extended, except for those on the street or in a planter. 6. A sidewalk cafe serving alcohol shall be contiguous with a side of the building wherein the establishment is located. For cafes in the street and in planters, the contiguous requirement may be satisfied by an overhead canopy at least five feet (6) wide connecting the building to the cafe. The design of the canopy shall be approved by the City. The area underneath the canopy shall be under the control of the establishment and is subject to the annual fee. Operation of Sidewalk Cafes 1. Advertising shall not be permitted in the sidewalk cafe area except for the name of the establishment on chairs, tables, umbrellas or other amenities, as approved by the City. 2. No blockage of building entrances or exits is permitted in a sidewalk cafe area. 3. Additional restroom capacity may be required to comply with local building and housing codes. 4. Occupancy limits are determined as set forth in the City building code. 5. No additional parking is required for the operation of a sidewalk cafe. 6. Sidewalk cafes are subject to annual inspections and may be inspected at any other time at the City's discretion. 7. The sidewalk cafe owner is responsible for trash removal and shall maintain the area and surrounding five feet (6) in a clean and litter free manner during all hours of operation. 8. All sidewalk cafes must meet the accessibility standards of City, State, and federal law. 9. Sidewalk cafes shall operate only between the hours of seven o'clock (7:00) A.M. and twelve o'clock (12:00) midnight. 10. Food and beverages must be available for service to patrons in a sidewalk cafe during all hours of operation. Sidewalk cafes shall not operate when the restaurant kitchen is closed. 11. A sidewalk cafe serving alcoholic beverages shall have an employee monitoring the area at all times during the hours alcohol is consumed and dispense any alcoholic beverage must do so under state and local law. 12. Amplified sound equipment shall not be permitted ffasemenLAamement 1. the agreement shall be between the City andRttie cafe owner with the approval of the building owner, if different than the cafe owner. 2. The agreement shall provide that no property right is conferred and that it may b terminated if the City determines that the right of way is needed. 3. The agreement shall include provisions for insurance, indemnification, fencing, 5. Except for cafes loc , .gin the`, 6t, the agi through January 31. The initial agreement may be les' ia"?M January 31. 6. The agreement shall be recorded at the cafe owner's expense. Fencina (For Cafes Not on the Street 1. Except during the term of the initial easement agreement and from December 1 to February 28 thereafter, and with the exception of the entrances to the walkway required when a cafe extends into zone 2, the area for a sidewalk cafe shall be delineated by anchored fencing. During the initial easement agreement and from December 1 to February 28, said area may be delineated by ropes or some other suitable method which shall be detectable by pedestrians who are visually impaired. 2. Fencing shall be constructed of a durable material, such as steel, aluminum, or wrought iron. Wood fencing shall not be allowed. The City shall approve the design. 3. If stored outdoors, tables, chairs, and other items shall be secured within the anchored fencing at the end of each day's operation so that they are unusable and shall not block or obstruct emergency exits. If anchored fencing is not used, tables, chairs and other items shall be removed at the end of the day's operation, and the sidewalk cafe area shall be restored to its normal condition as a pedestrian way. 4. The cafe owner shall be responsible for any damages to the public right of way caused by the placement of any anchored fencing. 5. Planters with flowers and /or other vegetation are allowed as an alternative to temporary and anchored fencing to delineate the sidewalk cafe. The design of the planters shall be approved by the City Manager, or designee, subject to the following limitations: a. The planters shall, at the cafe owner's option, be either fastened to each other or removed from the sidewalk or City Plaza at the end of the day's operation along with the tables, chairs, and other items. b. The planters shall not be less than twenty seven inches (27 ") or more than thirty six inches (36 ") in height excluding plantings. C. The planters shall be either metal or have a metal frame. 6. Anchored fencing on a concrete platform may remain year round. Public Amenities and Utilities 1. Except as provided herein, a sidewalk cafe shall not utilize or encompass any public amenities, including, but not limited to, benches, seats, tables, trash receptacles, public art, bike racks, water spigots, kiosks, posting pillars, and pergolas. The City Manager or designee may approve the utilization, encompassing, or relocation of a public amenity on the condition that the cafe owner pay all associated costs. 2. A sidewalk cafe may encompass trees, tree rings, light poles, water valves, manholes, and storm water intakes but shall not interfere with their care, maintenance or operation. Access shall be available to the City for their care and maintenance. 3. Amenities, including trees, tree rings and light poles, shall be considered obstructions for purposes of the requirements of the eight foot (8') unobstructed walkway. 4. The amenities used in the sidewalk cafe area shall be maintained in good condition. 5. Upon payment of the electricity fee, the cafe owner may use the City's electrical outlet but only for lights. Planters 1. A sidewalk cafe may encompass or utilize an elevated planter if the proposed cafe meets the following criteria, as determined solely by the City: a. It does not interfere with pedestrian movement. b. It does not adversely affect drainage. c. It does not adversely affect public or city utilities. d. It does not adversely affect trees, shrubs or other plantings. e. It enhances the appearance of the surrounding area, and if in City Plaza, it enhances the use of City Plaza. f. It does not interfere with the functionality of any other existing sidewalk cafe. g. It is,not otherwise contrary to public interest. 2. If utilizing two planters, the area between the planters shall be included in the sidewalk cafe area but need not be delineated as such unless tables and chairs are present. 3. The cafe may extend beyond the building line extended, but the distance between the planter and the building line extended shall not be greater than eight feet (8'). 4. The cafe owner shall pay all costs associated with the cafe including, but not limited to, the cost to move water mains and water service lines, to remove and plant vegetation, to move electrical outlets, and to cut and restore the limestone. 5. The City may require the cafe owner to add plantings within the cafe area at the cafe owner's cost. Platforms (For Cafes Not on the Street) 1. Sidewalk cafes may be located on a platform on top of a public sidewalk if the City Manager or designee determines there is excessive slope in the sidewalk and approves the design and if suitable access is provided for persons with disabilities. 2. Sidewalk cafes may be located on a concrete platform in the right of way that is not a public sidewalk if the City Manager or designee approves the concrete design and if suitable access is provided for persons with disabilities. Fencing shall not be more than three feet (3') in height, measured from the plane on which the chair sits to the top of the railing, excluding finials. 4 Cafes on the Street 1. An establishment cannot operate a cafe in the street if there is sufficient room on the sidewalk for a cafe with an area of at least one - hundred twenty square feet (120 sq. ft.). 2. There shall be a minimum four foot (4') buffer on either end of the cafe for safety reasons. These buffers shall be established and maintained by the City and may be used for moped parking and /or bicycle parking. The buffer is subject to the annual fee. As used in this policy, the term sidewalk cafe area does not include the 4 -foot buffer. 3. The sidewalk cafe area may include the portion of the parking space beyond the building line extended if the cafe owner has obtained the consent of the adjacent property owner and first -floor tenant, if any. The 4 -foot buffer maybe located beyond the building line extended without consent. If a portion of the parking space is not within the building line extended, the sidewalk cafe area cannot utilize that parking space even with consent. Parking spaces will not be restriped to align with building lines. 4. Cafes, including the 4 -foot buffer, in each block face cannot utilize more than thirty percent (30 %) of the total parking spaces in that block face. 5. Cafes cannot be located in loading zones. 6. Cafes cannot be set up before April 1 and shall be removed no later than the Tuesday following the last University of Iowa home football game. Cafes may have to be removed temporarily at the cafe owner's sole expense to accommodate an event on the street permitted by the City (e.g., criterion). 7. The portion of the cafe located on the street shall be on a platform. The design features of the platform shall be submitted with the application. The platform shall not impede drainage in the street gutter. 8. The area for a sidewalk cafe shall be delineated by anchored fencing. Fencing shall be constructed of a durable material, such as steel, aluminum, or wrought iron. Wood fencing shall not be allowed. The City shall approve the design. 9. If stored outdoors, tables, chairs, and other items shall be secured within the anchored fencing at the end of each day's operation so that they are unusable. 10. Planters with flowers and /or other vegetation are allowed as an alternative to anchored fencing to delineate the sidewalk cafe. The design of the planters shall be approved by the City Manager, or designee, subject to the following limitations: a. The planters shall be either fastened to the platform. b. The planters shall not be less than twenty seven inches (27 ") or more than thirty- six inches (36 ") in height excluding plantings. C. The planters shall be either metal or have a metal frame. 11. The fee shall be a combination of the following four (4) fees: a) The annual square footage "right of way" fee for the portion of the cafe located on the sidewalk; b) the annual square footage "platform" fee for portion of the cafe located on the street; c) the daily fee for each parking space regardless of the amount of the parking space that the cafe utilizes; and d) bollard fee. If any portion of the cafe located on the sidewalk is on a platform, the fee for that area will be the annual square footage "platform" fee. 2. There is,,D",parAfoi that the rwdWti6j uthoriz agreement willy a paragraph in substantial co with Cafe owner further acknowledges and agrees that no proONRIMt is conferred by this bgreement for the use of portions of the public right -of -way, that tAWIty is not empowered to grant permanent or perpetual use of its right -of -way for private purposes, that the City may order said locations and /or uses within the right -of -way to cease and desist if, for any reason, the City determines that said right -of -way is needed for a public use and should be cleared of any nd all obstructions, an. , hat the cafe owner shall not be entitled to any compensation hould the City electrto City Manager 1. The City Manager is authorized to approve any other provision or require any other restriction regarding the use of the public right of way by a sidewalk cafe that is not inconsistent with this policy or the City Code. Fees 1. Annual fee for sidewalk cafes located directly on the public right -of -way: $5.00 per square foot. 2. Annual fee for sidewalk cafes located on a structure /platform (including cement platform) placed on the public right -of -way: $10.00 per square foot. designee is authorized to enter into a public right of way easement agreement. If the application right -of -way: $10.00 per square foot. The annual fee for the portion of a "planter' sidewalk cafe that is not located on the elevated planter: $5.00 per square foot. 4. Annual fee for a sidewalk cafe located on the street: $5.00 per square foot for the area located on the sidewalk and within the 4 -foot buffer plus $10.00 square foot for the area located on the platform on the street plus daily fee for each parking space as set forth in the City Code (presently, $12.00 per day) for every day the platform is on the street plus bollard fee. 5. Deposit for sidewalk cafes which place anchored fencing in the public right -of -way: $200.00. This deposit shall be refunded if the right -of -way, and planter if applicable, is restored to its prior condition by the sidewalk cafe owner to the satisfaction of the City. 6. Deposit for sidewalk cafes which place a structure /platform (including cement platform) on the public right -of -way, regardless of whether anchored fencing is used: $500.00. This deposit shall be refunded if the structure /platform is removed, and the right -of way is restored to its prior condition by the sidewalk cafe owner to the satisfaction of the City. 7. Deposit for sidewalk cafes which utilize an elevated planter in the public right -of -way: $1,000.00. This deposit shall be refunded if the platform is removed, and the right -of -way is restored to its prior condition by the sidewalk cafe owner to the satisfaction of the City. 8. If the initial easement agreement is for less than one season, the fees listed in Paragraphs 14 above shall be prorated on a quarterly basis. 9. Electricity fee for using electrical outlet for lights for cafes in planters: $45 per year. 10. Bollard Fee: Actual cost of the bollards based on a five (5) year life cycle plus one (1) hour labor at the MWII pay grade to install, maintain, and remove the 4 -foot buffer. If the platform is removed temporarily during the year, the labor fee is assessed again when the platform is reinstalled. A minimum of two (2) bollards will be required, and the City shall determine if additional bollards are needed. 11. Recording fee for the easement agreement: Actual fee charged by County Recorder. Section 10 -3 -3 of the City Code A. Sidewalk cafes are permitted in the public right of way only in the CB -2, CB -5 and CB- 10 zones (the downtown and the commercial areas directly north and south of the downtown). B. No person shall operate a sidewalk cafe without executing an easement agreement. C. Each sidewalk cafe applicant shall file an application for an easement agreement with the Public Works Department, on forms provided by the City. D. The City Manager, or designee, shall either grant or deny the application within thirty (30) days of the application being filed. If the application is granted, the City Manager, or is denied, the applicant may appeal to the City Council by filing a written appeal with the City Council and the appeals process shall be the same as provided for mobile vendors in this chapter. The City retains the right to limit the number of sidewalk cafes. E. After execution of an easement agreement, the City Manager, or designee, shall retain the right to terminate the easement agreement but only after written notice of violation has been given and the time to cure the violation has expired. Grounds for termination of the easement agreement shall include, but not be limited to, repeated violations of the state and 8 liquor control laws, violations of the easement agreement, and creating a safety hazard, health hazard and /or public nuisance under state or local law. Additionally, the City Manager, or designee, retains the right to terminate the easement agreement and direct removal of sidewalk cafe operations if there is a substantial and reasonable need for use of the public right of way for a valid public purpose. The cafe owner has the right to appeal a decision to terminate the agreement to the City Council. The appeals process shall be the same as provided for mobile vendors in this chapter. F. The easement agreement, at a minimum, shall require the cafe operator to provide a certificate of insurance satisfactory to the City, and shall agree to hold the City harmless against any and all liability arising from or relating to the operation of the sidewalk cafe or the location of the cafe on the public right of way including, but not limited to, all claims arising from occurrences or accidents within the sidewalk cafe area, including the walkway through a cafe. G. Sidewalk cafes shall operate only between the hours of seven o'clock (7:00) A.M. and twelve o'clock (12:00) midnight. H. Food and beverages must be available for service to patrons in a sidewalk cafe during all hours of operation. Sidewalk cafes shall not operate when the restaurant kitchen is closed. 1. A sidewalk cafe serving alcoholic beverages shall have an employee monitoring the area at all times during the hours alcohol is consumed and dispense any alcoholic beverage must do so under state and local law. J. Amplified sound equipment shall not be permitted. K. The operation of any sidewalk cafe shall be in conformity with all applicable federal, state, and local laws and regulations. L. All fees for the operation for of a sidewalk cafe shall be set by resolution. M. All fees for the operation of a sidewalk cafe shall be set by resolution. N. The City Manager is authorized to establish administrative rules not inconsistent with any ordinance or policy adopted by the City Council. A copy of the policy and rules shall be on file with the City Clerk and available of the City website. Marian Karr From: Tom Markus Sent: Tuesday, August 28, 2012 3:16 PM To: Marian Karr Cc: Geoff Fruin; Rick Fosse; Kim Sandberg Subject: FW: Street Cafes I think we should include this with Rick's report. From: Geoff Fruin Sent: Tuesday, August 28, 2012 3:13 PM To: Tom Markus Cc: Rick Fosse; Kim Sandberg Subject: FW: Street Cafes FYI. I spoke with Lisa this afternoon about this issue. RmsA From: Lisa Barnes [ mailto :lisa @summerofthearts.org] Sent: Tuesday, August 28, 2012 3:04 PM To: bnssmid @gmail.com Cc: Nick Arnold; Shane Schemmel; Geoff Fruin; Dennis Green Subject: Street Cafes Hi Bill, I wanted to send you a brief note regarding the potential for street cafes and how this might impact Summer of the Arts. Overall, we think this is a very interesting idea and the design that Jim has proposed looks beautiful. We are willing to work with the City and downtown businesses if this does occur. From our standpoint, we do have concerns about how this would affect our festivals and most specifically the Iowa Arts Festival since Dubuque Street is a prime location for artists and in close proximity for viewing the main stage. If there are street cafes on Dubuque Street, we would need to try to change the overall layout and flow of the festival in order to accommodate our attendees and vendors. Rest assured that we are willing to do this if necessary, but hope to have as much lead time as possible since this could impact so many different areas of the festival. We think that anything that encourages people to come downtown to shop and dine is a benefit and are willing to work with the Downtown District as they make improvements and changes downtown. Thanks for listening and feel free to contact me if you have any questions about this information. Lisa Lisa J. Barnes Executive Director City of Iowa City's Summer of the Arts PO Box 3128 Iowa City, IA 52244 -3128 319/337 -7944 Cell: 319/930 -7944 -- powered by That Cellular Place FAX: 319/358 -9094 www.summerofthearts.org Marian Karr From: Rodney Anderson <rodneya @pancheros.com> Sent: Wednesday, August 29, 2012 2:56 PM To: Council Subject: letter for city council packet Attachments: Aug29CityCouncil. pdf Please accept the attached letter for council's packet. Thank You This correspondence will become a public record. Rodney L. Anderson Panchero's Mexican Grill 2475 Coral Ct, Suite B Coralville, IA 52241 319- 545 -6565 rod neya Pancheros.corn This email and attachments (if any) is intended only for the addressee(s) and may not be reproduced or forwarded to any other recipients. This email contains information which may be confidential or privileged. If you are not the intended recipient please advise the sender by return email, do not use or disclose the contents and delete the message and any attachments from your system. August 29, 2012 Iowa City City Council: The undersigned businesses believe if street cafes were to happen, one item must be included in the regulations that govern their implementation. Cafes must be limited to their business' "Property Lines Extended ". The benefits of matching these cafes to each business' property lines include the following: 1) The simplicity of using property lines is easily implemented and provides a logical basis of explanation to nearby businesses. 2) The regulations would be consistent with the current ordinance for sidewalk cafes, which cannot exceed property lines. Every cafe would operate by the same, equal rules. 3) The seating capacity of street cafes would better match the capacity of sidewalk cafes (instead of becoming significantly larger), providing for a more level playing field. 4) Each street cafe approved would be more consistent and thus more equal, making the approval process appear fair. This is especially important as there is a limited number available. 5) The street cafes would better match up physically with their interior facilities (kitchens, restrooms, and staff area) and be able to service the additional seating properly. 6) A connection would exist between the size of the cafe and size of the building; i.e. the less rented or owned building space, the smaller the cafe. 7) By matching the size of the cafe to the physical interior property, the dollar investment for the cafe would be justified by the business' original dollar investment inside. 8) Confining the cafes to property lines extended minimizes the impact on the visibility of nearby storefronts. 9) The impact on loss of parking would be minimized by keeping cafes within property lines, and the loss of parking that occurs would occur immediately in front of the business with the cafe 10)The use of less parking for these cafes would provide opportunities for more businesses to do these cafes. This model of "Property Lines Extended" was adopted successfully in Birmingham, MI. We hope you give it strong consideration. We feel using this rule is the only way to implement street cafes in a consistent, fair manner. Sincerely, Dave and Ellie Allen: ZMariks John and Beth Hanna, Which Wich Rodney Anderson, Panchero's Brian Flynn, Joe's Place and Donnelly's Pub Travis Overhue, Orange Leaf Bill Bryce and Todd Barnes, Sports Column Prepared by Eric R. Goers, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52241, (319) 356 -5030 RESOLUTION NO. 12 -415 RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO TYLER TECHNOLOGIES, INC., FOR FINANCIAL, HUMAN RESOURCES, PAYROLL AND UTILITY CUSTOMER INFORMATION SOFTWARE. WHEREAS, the City of Iowa City put out a Request for Proposal (RFP) for Enterprise Resource Planning software, through RFP #11 -78; and WHEREAS, five proposals were received; and WHEREAS, four of the proposers were brought in for presentations lasting three days each, after which the field was winnowed to two finalists; and WHEREAS, each of the two finalists were invited to Iowa City to perform lab sessions, allowing City staff to explore first -hand how the proposed software would function in the City's environment; and WHEREAS, the evaluation committee then asked for best and final offers from each finalist, which resulted in lower prices; and WHEREAS, the City Attorney's Office then performed additional due diligence by performing lien and judgment searches, as well as reviewing the SEC filings of Tyler Technologies, Inc. (hereinafter "TYLER "), the publicly traded company; and WHEREAS, in the end, TYLER had the lowest five -year cost, and best RFP score, and stronger financial strength and transparency that comes with being a publicly- traded company; and WHEREAS, prior to award of the contract the City Attorney's Office negotiated contract terms with TYLER, with an emphasis on paying for all services in arrears, and putting forth as little money up front as possible, focusing on payment upon realization of beneficial use; and WHEREAS, the contract, with all attachments, is several hundred pages in length, and will be available for inspection in the Clerk's Office until after the Council meeting, after which it will be filed with staff; and WHEREAS, the capital costs for the ERP software, hardware, training, and consulting services are $832,165, thereby requiring City Council approval; and WHEREAS, funds for this purchase are available in account # 3295 Utility Billing Software and #4712 ERP Software- Finance & HR /Payroll; and WHEREAS, it is in the best interests of the City to approve this contract. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY THAT the City Manager is authorized to award the aforementioned software contract to Tyler Technologies, Inc. Passed and approved this 4th day of September , 2012. !�� 'All Approved by: MAYOR J ?/ /3 4 ATTEST: �t.4.r�� �C,�ii.t_� City Attorney's Office CITY CtERK /—R Resolution No. 12 -415 Page 2 It was moved by Mims upon roll call there were: AYES: X X and seconded by Dobyns that the Resolution be adopted, and NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton 12 CITY OF IOWA CITY . all _, we T% �- MFMORANDUM DATE: August 24, 2012 TO: City Council Tom Markus, City Manager FROM: Kevin O'Malley, Director of Finance RE: Enterprise Resource Planning Software Contract Introduction: The intent of this memo is to describe the Enterprise Resource Planning (ERP) software Request for Proposal (RFP) process, the subsequent evaluation of the submitted proposals and the recommendation of a proposer for consideration. History/Background: In 2008 the City of Iowa City issued an RFP for an ERP software package. After evaluation of the submitted proposals, Innoprise Software Inc. was selected and contracted to install and customize their ERP software per the City's requirements. The project plan also included conversion of the City's data from the legacy systems and training of City's employees on the new software. The project began in January, 2009 with planned implementation dates of the major modules spread out over an eighteen month schedule. Innoprise failed to meet the milestone dates included in the contract and ultimately it was discovered that the software was inadequate for the City's needs. In December, 2009 the City decided to break the contract and began actions to receive a refund from Innoprise of the money already invested. Despite the failure of that project, the City is able to utilize the process documentation created for the requirements definition phase of the project. During the subsequent months City employees continued to refine this documentation and in March, 2011 the ERP Steering Committee used the documentation to begin development of a new RFP. That RFP was completed and issued in September 2011. Discussion of Solutions: Five companies responded with proposals to the RFP; Advanced Utility Systems, Kronos, New World Systems, Tyler Technologies and Yardi Systems Inc. After initial evaluation and scoring of the proposals by the ERP Evaluation Committee using evaluation criteria outlined in the RFP, Yardi was eliminated. The other four proposers were brought in for three days each of presentations. Following the presentations the proposals were once again scored using a second set of evaluation criteria defined in the RFP. Advanced Technologies and Kronos were eliminated due to both of their software solutions being focused in particular functional areas as opposed to an overall ERP solution. Both the New World Systems Logos.net application and Tyler Technologies MUNIS software are fully integrated ERP solutions. Members of the ERP Evaluation Committee conducted current - client site visits for both New World Systems and Tyler Technologies, receiving mostly positive feedback. Both New World Systems and Tyler Technologies were invited to return to Iowa City to conduct separate lab sessions. Prior to the sessions the City provided identical scripts to both proposers of the type of transactions and operations that should be included. During the lab sessions both proposers provided more presentations of functionality combined with the opportunity for City staff members to actually enter transactions into each system. These hands -on sessions allowed City staff members to judge the look and feel of both systems. Following these evaluation steps the ERP Evaluation Committee determined that both proposers' software offered advantages for the City but both also contained some disadvantages. Certain City Departments preferred New World Systems while other areas were in favor of Tyler Technologies. The Committee decided to request a Best and Final Offer from both proposers and requested the Legal Department to conduct a background check on both as well. The background checks discovered nothing of significance and the Legal Department also reviewed both proposers' recent financial filings with the SEC that also indicated nothing of concern. Tyler Technologies is the lower of the two price proposals when compared over a five year period. Tyler Technologies also offered a 'not to exceed' price for the implementation of the project. Tyler Technologies was notified of the City's desire to enter into contract negotiations for the ERP project. At the same time City staff members contacted three other Tyler Technology clients utilizing the MUNIS software to request a copy of their contract with Tyler Technologies. This was for the purpose of comparing the price proposal the City was given to the prices these other cities are paying and to look at how Tyler structured the payment terms for these other cities. Financial Impact: The capital costs for the ERP software, hardware, training, and consulting services are $832,165. The current budget for the ERP project is split between two capital improvement projects, #3295 Utility Billing Software and #4712 ERP Software- Finance & HR /Payroll, we have budgeted authority remaining of $398,631 and $112,630 respectively. There is a funding shortfall of $320,904 for this contract and there will be additional estimated in house labor expenses of $71,000 this fiscal year. I am recommending funding the total estimated shortfall of $391,904 from interest income earned on the FY07 general obligation construction funds. The interest income from the FY07 general obligation construction funds was generated by delays in other capital improvement projects due to the flood of 2008 and thereby created an opportunity to earn interest income for several years. The annual costs associated with this project are the software maintenance. This software contract waived the fee for software maintenance in year one and froze the cost for year two at $55,284. Software maintenance increases for years 3, 4, and 5 are capped at 3 %, 3 %, and 5 %. Recommendation: Based on the proposal evaluation scoring, the functionality presentations, reference checks, current - client site visits, the hands -on lab session and the price proposal it is recommended that the City of Iowa City contract with Tyler Technologies for the purchase, installation and configuration of Tyler's MUNIS software followed by the conversion of selected existing data from the City's legacy systems and the training of the City's staff members on the MUNIS application. Marian Karr From: Holden, Palmer J <pholden @iastate.edu> Sent: Monday, September 03, 2012 4:31 PM To: Council Subject: Software snafu I'm shocked to read the Council blew $200,000 on payroll, etc., software that did not wor and now wants to blow another $800,000 plus $55,000 a year in maintenance costs. It's easy to spend other people's money and a bunch is mine. Certainly after 40 plus years of software development there must be off the shelf software available that has been debugged over many years. Why haven't you considered this instead of a million dollar option? Dr. Palmer Holden ISU Emeritus Prof. 15 Mary Court Iowa City, IA 52245 515 - 231 -5543 Marian Karr From: Kevin O'Malley Sent: Tuesday, September 04, 2012 2:04 PM To: 'pholden @iastate.edu' Cc: *City Council; Tom Markus; Geoff Fruin Subject: FW: City Council award of software contract to Tyler Technologies Attachments: TylerTech Pricing. pdf Dear Dr. Holden, Thank you for your recent communication to the Iowa City Council in regard to the resolution to award the software upgrade contract to Tyler Technologies. I have been asked to respond to your email. Your question is a good question. The software industry has been evolving to off -the -shelf software. As you may know, the software industry has niches and because of the size of the individual consumer market being so large that it continually drives software applications to lower prices. Also, when I purchase off the shelf software, I can usually insert the disk and hit enter or download directly from a website. That type of easy installation is not found in the municipal market due to varying state reporting mandates (e.g. sales tax, state income taxes, etc.). Unfortunately, the municipal software market has not the volume to sell software to that scale. The data requirements of cities, especially cities that provide utility services are significant along with payroll requirements to comply with 3 different bargaining units. In addition software implementation is more difficult due to the various needs of each city. I have attached our prospective invoice for your review. You are correct that this purchase will cost over $800,000, see page 4. If you look closely you will notice that implementation services represent about 62% of this project with the remaining percentage 37% attributable to the municipal off the shelf software. The implementation percentage being significantly higher than the actual software costs gets at the uniqueness of each city's installation. If you need further information please do not hesitate to contact me. Sincerely, Kevin Kevin O'Malley Director of Finance City of Iowa City 410 East Washington Street Iowa City, IA 52240 kevin- omalleyftiowa- citv.om 319.356.5053 fax 319.341.4008 Please consider the environment and do not print this email unless absolutely necessary. " o o v o 0 0 0 0 0 ro o 0 0 0 o cn o o ro o 0 o cd o O m d1 00 OO m �O w O t" � O M O M O "o O M O o7 O O et On ON %D � O ON ON O 00 v� O N O ob N *0 t- O O p C� e--� 69 6s N . N .-•< V' '. N M N - M wi 69 69 69 69 69. Vs. 69, 69 69 Nj 69: 69 69 69 69 69 69 69 bb Cd V) O O O to O O O t!7 to kn O V7 0 V) 0 0 0 to to to 0 0 to 'Ode N ! l Cam, � r I O , O a -n C O O NO M %D et h tv N h to h et O %C 00 O M M %D O� k6 M 69 N ti M rt N �-•� - �C M M N N FIi N M FH 69 N .•••� 69 69 .: ' 69 6e 69 69 69 6R . 6R 69 69 -. Ge 69 69 69 69 .: fiR 69 69 O Cd cd ro ro ro O Cl O ro ro tH ro of O O O ro ro ca cd cd cd cd cG QS 69 64: 6M9 a a o Ln ro o o ro kn o ro ro?d ro k o 0 o V) ro a ro ro ro ed Vi N N N N N C. 69. 69 69 69 69 69 69 69 69. 69 69 69 69 to V'1 V7 V) Cd V7 V7 ro te) Vs cd 'cd ro ro to h to to . cd v7 ro ro cd ro N- C � : N NNN �: N E N - . r 69 6�9l �69l 69 6�9l 69 -: 69 Is 69 6�9\ 69 6�9\ 69 69 et N N N. N M N N N L. .9 O 'n O O W) V7 O O O O h 0 to ro 0 0 0 0 0 V3 W) a W cd V1 h V1 Vl t� h O 0 0 0 N N h 0 0 N O V) N N O N •�'" a ro O 3 N O M .-� .--� t w � h h N �D en t w O et M uw wl N ct - 00 h - -. M h 01 N O •O 69 69 69 69 - C'9 49 6FS 69 �-•� G9 ' N fs3. 69 b? FFY 4H : 69 69 6ri 0 0 U 69 69 69 O d o °o U v °o o kn V) W1 V) to V) V9 h . Vt Ln h td W) ro W) sn kn W) W) to 'n V) ro cd h C W) kn h h t- r-- h h h t� h h h h h h h h h h [� u �. �+ C1 cn •' (9 69 69 69 69 {y9 69 EPs: 69 69 69 69 69 JA 69 69 69 69 69 69 69 w 7 r aU U aU C? Ua @) m �o N .-� •-• er �t �•. v h h '•• o v. � oo N rn. M y m 0 0 0 0 o ca c o ro o 0 0 0 o as c> o 0 0 0 O O vlr 000 O C N VOID O h O h a N O O� O O O C 6 > O N to M N CN '�t N o .•� Vi �D m oo •er t� IlD (� N O� cn o L 00 N C+�i Cf3 N 69 N ^� N N +-� M Cs 69 N 69 6R fA- 69 69 '.. ft5 69 64 64. 69 fA 69 64 v/ o U. o c co c iQ o 0 3 Cm7 G M v o O .•� W1N ' a •a) U •N ¢, A bA ° y `' Q ❑ bA ww O ro,N O O y m o a_ U �, b�4 P4 H `:' o o C1 tW �- o 08. is O ro ro Q v v y ,rr Oa b� ro V. O o o �' A v y m v H 3 a3 v• Q cd o o o ed s us O w U c°� °° a '" � a > > o •�� .... ° W v v , ro � Rf X03 � ¢Q¢aa:UW't�t7C7�c7 ��aaw.a,F4�tnHH.HE -�.H U • V1U�-0" V L 3 0 L a� °mot ° I-t N V L 3 0 L a� .r) rn O H'' I y o t— co = <D O. 4D = O O c, O� c) 'o O O CD O C> c) C> O O CD C> O O Q O. C> O O O C> O O C> Cl = <D = CI = C) !k = C, = C, O C) 40 Iq V) q %,o et NO 'o W) in q w wl N -:, C4 . : -z C-T —4, — et (-i tn %r C� r� C� w C> O c, Q ;; N -; — C-4 cq m '.1 cl; I-In rl� CIF 6e 69. 69 6's. 60) fe 69 filo te 69 vs, 64.. Gm, 6q 64 69 CD C> O C> O C) Q O C> O (D O C> 64 69 O -0 C) C) 69 V Wy 69. Gq CD C> tz C> O C. O. C, C> O C> O C> 69: 69 69: 69 Ge V) C, 6'-/ 69 69 49. 69 69 N 69 64 6s oq C> c, CD 4c) c) O: .0 c., O O' C> O. C> = = O. C) C) C) C� C, C> (D� CD c. c:, co 4=, C> C� C) c. Q O. C> 'C� 4= 4� O. 4= C> m C> Q Iq lc:�* WL n Iq IA Wi C� n� kq .-t C-j %n Rr �r C=� cL: oc�- C� Q :N 69 69 69.. 6e 69 64 ofl C,4 cn fiq 60 os 69 64)%. 49 69 49 64. 69 69 69 69. C.) cli .19 VV 0 ca F-0 o .0 U) sz it cd V to C/) Ch M "t: V) ko C14 rn tn O 0 .4 Cd .4) 4) 'P 0 'R 10 o :0 "0 A 0 0. 0 0. 0 0 0 R > I R Q 4 O. 0 0:0 0 0 C.. Cn .9 .9 41 76 —p 0 -6 7K 2 2 �t 2 5, 0. 0 pq A. pq ):,Wt k aw. u 04 OW: A. Al $:W a4 0. al, a 04 A4 P. C rO v/ L V O 4 V1 N 6R O G9 O O d' y�9 O O OD O O lr N d H O E•� "o ,el, 9 O � C o M_ V1 f!i H3 -C� .o x w a� �+ F. a a, M � � O ® C14 tti d' N bA c�3 N O �A 00 H � FA 69 N 64 N .-r 69 N O O O O - ul rus U Cffr tPr kn kf) L ^ a � Ua Ua m C M M O r-t Ln tD •a .. LL m 00 r-i r� d NN ' E Ol .-I " '� C 0 N ut 4A- co c os 0 c c UJ W v � •� U7 N Vf a m � e a - U) L � 10 y2� u � E F ~ _ 41 � u E ¢co U 0 0 0 0 0 �z 0 0 0 al 0 0 w %c c 8 in Cc � C p h �t N O o0 (- Cl v O\ b (V h .-• N d kn O (St O to 64 bA. 6R 6R. N Vl l N 61) 69 69 69, 69 69 Cfi 6 Cl k- 69 69 vi N p Op O O N d A O O C O 1A VO'i N N O kn p � �D � e4 VD M M cp Vl M r•+ .-+ 69 (7 w 6F! 69 N M RF N 69: Vi G9 69.. 619 : 69. 619 69 Gl9 69 69 69 69 69 wq cd a! cd O O cd LV cd ai O 0 td td O ed 'a3 cc Cd o O C> CD 60� Go� O ld to at ai O 0 of N ca 0 0 >n O id OO O O N cfi W) -n n vN, In C4 C-T w — N (`r f-F C4 rz ON y� yg K. :69 69 69 69 69 ta'i 69. 66 dM9 llq v1 cd N a! ed in t ! aS N ed en to In Uj at to vs vl cn .' if! 6A 6R 69 69 6R H9 64 l 6,9 6�9l %.D �.. + N' N: N N: \D O v) cn R7 td to cd vi cd td O O In O O vi tO vNi^ oho^ a o vi i^ I Co v Q ate^ r. t� ri ° t4 GO% 6R. 69: 69 : 69 b9 64 �n �n cn ai cd sn a1 kn cd 'cd V) ln'. ' %n v� kn cn •n in W) cam r: 69 b9 69 69 619 '.:: ' 69 69 69 61i 69 69. 69 69 69 0 0 0 at co O Cd O w' 0 0 0 C 0 0 0 O O O © O kn oo �o" oo o o Ca Cl It , r fis m en ON H9 69 64 69 FR: 69 69 Ge 69 6R 69 en 69 a U 4i H SO 4D q h1 U � G w S� o o w rn ca y H Q �d oQ�Q m�3 �rnaa,a0 mcauwt7a�..Ow.aq,a.i[- 4-, O N CA cd r� V ti O U F! Cj a O .y Q U i� C D 0 O O r+ GO,) 0 0 i O cd �ect � W 'l0 n %n O v7 a% O\ O 00 00 m M M 00 N d E9 69. 6Fi �: V1 V1 O �A' 01 Q� O 00 00 .-• M Mb9. 00 w: � y a a�i Oc v a Q cn n: aar�Ax., �a15q,a kn O O kn 69 t-;, tn 69 VS E• H E� F 3 � M M C7 a� 0 C; c� -rs 0 z a 0 2 i y 9 R 0 w vi U O N s.. N C Q` O O • � cUd s, � O vU C .Yrw Vi4-� a? O Y �W N 0 Q Ll. m 0 Q Q. Q (iJ L E E z 4 o c U a M Q u 7 O' 9 E r- 0 CIS bn 0.. U T U to kn to co to kn ad cd tn tn V) tn to 'W tn C,$ C* co cd V� to as Cd t- - R t- (�i t- 'P� t- 'a cli CIL R Ci cl c! 7 Ci 69 6e 69 69 V* 6's 450S. 64 60 6m, te 64 64 ' C,4 C-4 C-4 C-4 C-4 vi 11) kri 411 tn kn to In %n tn. kn in 4n In to In to to to fis 6e 60 6e V) 609, 69 Ge 69) 4n 60 4609) 60 601) Ge. ioq t^ 460� 4JI4. fil-, 69). GO'� 4A te fie: I'D N tn %0 00.: C-4 in cl) et: tt) cn m m 6e Co. 0 to 'ea C> C;, cd C> 'ed 0 w It C> C� C� CD C� 0 C> C> 0 10 00 -3 -a. 8 c7s co 00 &D. %0 00 CD. en —, a% (7, c) 00 W') (Z cq 00 00 C7% � � C7% 0 e4 cl� cn N lbs 64 64 Vj- 49. 6e w C> O O C, C> CD tn Do: Do Go co ko 00 c> h en O en o ND C). to 00 tn (q 00 00 tn GO t- 64) GO') 6e v) V) eq 69 69 b9 64 6,9 O p C) 4= 4M 03 CZ 4= CD* C) of 4z 4= Cl , -a IF W) 00 eq cz 00 eq eo� (A to -4 01) fie -4 V) V--4 V--q 46 w (A (6. O` C> C> c� CS 4a:* c) 4� C> 6e 4= C=l -,a C14 co CNI — 46S FA,. 6-j: 6-4 Va� fA V) 1101, 6R.' c) C> Q °a C> (z C) C> CD C) . do 49 I C) CD CD in > s 4C� C>. 4� Cq Cl 1= CD Rn W) 8 Cli n C� WL $=� . (14 4C7% v Cq O kn \0 C17 o0 -tr t-: eq CN w 60y W) � : eq 61B, Os 403, 6M, te. lu tE r- v 44 > CA cri c :0 od .... U , 5 C t): I .0 C3 w t! J� Z 1 0 t .4U ' 'a 4� 'E 0 w = 0 In 'n 4� It P. L- a) -- < < . 2 V 0 T A.4 CL .- -�$ , a, I>% 609 et 00 ri tn tn Gn It oc Vy O ao O rF EP) t-- 4-4 GA lz Ira , Marian Karr From: Holden, Palmer J <pholden @iastate.edu> Sent: Monday, September 03, 2012 4:31 PM To: Council Subject: Software snafu I'm shocked to read the Council blew $200,000 on payroll, etc., software that did not wor and now wants to blow another $800,000 plus $55,000 a year in maintenance costs. It's easy to spend other people's money and a bunch is mine. Certainly after 40 plus years of software development there must be off the shelf software available that has been debugged over many years. Why haven't you considered this instead of a million dollar option? Dr. Palmer Holden ISU Emeritus Prof. 15 Mary Court Iowa City, IA 52245 515 - 231 -5543 /C, Marian Karr From: Sent: To: Subject: Attachments Dear Esteemed Council: Qianqian Huang %huang49 @g mail. com> Tuesday, September 04, 2012 3:27 PM Council ERP Software Award - 9/4/12 Council meeting 112111 ERP Selection Update. pdf I am writing to you concerning an item on your agenda that is also related to my coursework. I have a few questions, the answers for which would provide information for my case studies. I understand the Council will consider award to a U.S. vendor for its enterprise software needs. I am somewhat familiar with the history of this acquisition, and would like a bit more detail as follows: I notice that other recent purchasers of this software, Des Moines specifically, have obtained a guarantee of maximum percentage software maintenance increases beyond Year 5 into Year 10. Des Moines obtained a maximum annual increase of 5% from Year 5 - 10. According to the Finance Manager's memo, I see figures only for Year 1 -5. Were Years 5 -10 bargained for? If so, what was the guaranteed rate? Thank you very much. Was there a site license obtained, rather than license based on number of users? At a glance, I see very little detail which depicts what services the new software will provide for the staff and the citizens of Iowa City. The primary justification stated was the advanced age of the prior system and the support staff retiring, but is there more detail on what was to be gained by the new system? Perhaps council received this information at a prior time or meeting. In this regard, on the Des Moines document attached, you will see 1. a summary of the "Objectives" for the project, some of which include budget forecasting; e -Gov applications; employee self - service; recruitment/applicant tracking; dashboards; citizen transparency, HR streamling; online disbursements for citizen transparency; etc. Could any document which lists these objectives for the Iowa City project be provided to me? 2. a tabulated summary of the "point" evaluation by the staff committee - for non - price; demo; and price point evaluations. The manager refers to a point summary existing I believe. Could the comparable point tabulation for Iowa City be provided to me? He also refers to a difference among staff as to which system they preferred. Did this difference reach a final consensus as either unanimous or majority preference among staff members? Thank you very much. 3. Lastly, the Des Moines city council received a narrative summary of the specific Tyler system benefits provided to their city. Some included (detail on the attached): user - friendly chart of accounts; dashboard; interactive analytical tool; enhancements to annual audit process; ease of federal reporting; project cost accounting; CAFR enhancements; seamless integration with present hardware and software, employee self service; and fully auditable system, among others. Could the council's staff provide to me a similar listing of specific functions which point to Tyler being the best product for Iowa City? The Des Moines document tells me that Tyler is "the largest software company solely dedicated to the public sector and has more than 30 years of experience." It appears from the Des Moines report to their Council that the Tyler product is very strong, suits their needs very well, and will be of great benefit for both staff and the citizens. Any information from prior documents which supplies comparable information on how the finance; utility billing; and HR modules will provide the best service for Iowa City would be greatly appreciated. Thank you very much for your public service. Thank you very much. Q. Huang Financial Management Services General Ledger Accounting and Reporting ✓ Cash Receipts and Accounts Receivable Accounts Payable ✓ Procurement ✓ Grant Management and Reporting Budget Prep and Administration ✓ Project Cost Accounting ✓ Banking and Investment Management ✓ Special Assessments ✓ Cost Recovery Accounting Human Resources /Payroll Management Personnel Administration and Work Flow ✓ Benefits Administration ✓ Recruitment /Applicant Tracking Position Management ✓ Time & Labor Payroll CDM ERP Objectives 1. Integrate systems, processes, and information across City depts 2. Automate and streamline business processes across City depts (eliminate duplicate manual processes) 3. Improve business efficiency with progressive ERP functions such as budget forecasting, employee self- service, and dashboard reporting 4. Provide quick, easy, and accurate access to information 5. Support current and future City business needs 6. Maintain a modern and updated system that does not become obsolete 7. Ability to readily access, modify, and request information and services o. Leverage e -Gov applications to improve business with constituents By UNANIMOUS decision, the 9 member CDM evaluation team scored TYLER #1 in all 4 non -price point categories during all 3 evaluation tiers! (A 1St for Premis) Scoring Summary - WRITTEN Evaluation (Alphabetical Order) Evaluation Criteria: Points Available: Ciber (Lawson) LSI ASAP) New World Systems SunGard Tyler Tech. Ranking - Non -price Point Categories: 2nd 3rd 2nd 5th 4th 1st Ranking Overall: 2nd 4th 5th 1st 2nd 3rd Scoring Summary - DEMO Evaluation (Alphabetical Order) Evaluation Criteria: Points Available: Ciber lLawson) New World Systems SunGard Tyler Tech. Ranking - Non -price Point Categories: 200 2nd 3rd 4th 1st Ranking Overall: 3rd 2nd 4th 1st Scoring Summary - BAFO Evaluation (Alphabetical Order Evaluation Criteria: Points Available: New World Tyler Tech. Systems Total Functional, Technical, Impl & Qual Points: 800 544.33 731.33 Total Price Points: 200 200.00 153.28 Total OVERALL SCORE: 1000 744.33 884.61 Ranking - Non -price Point Categories: 2nd JW 1st Ranking Overall: 2nd Ist Non -price point categories (800 pts) 1. Functional Requirements 2. Technical Design /Approach 3. Implementation Approach 4.Vendor Qualifications Vendor /Product Demo Evaluations: Vendors were required to demonstrate system functionality using a 20 page DETAILED script encompassing ALL in -scope areas. A few highlights of the Tyler system are... * Consistent and User - friendly Chart of Accounts Structure: Resulting in reduced change mgmt, staff training, rework of interfaces, reports and other city application systems (including Housing Services). * Largest software company solely dedicated to Public sector with more than 30 years of experience. ✓ Role Tailored Dashboard - More effective and efficient use of the system. ✓ The Tyler -Pulse interactive analytical tool will result in more effective research and reporting. ✓ Readily and easily import /export data to /from the system. ✓ AP Invoice Bar coding will drastically reduce manual filing and facilitate the yearend audit process. * Federal Reporting for multiple entities can be accommodated with no customizations. ✓ Project Cost Accounting: up to 10 levels of reporting. ✓ Most efficient approach to creation of the Comprehensive Annual Financial Report (CAFR). * Seamless integration of industry & City tech standards (e.g. MS Office, Share Point, SQL, etc) ✓ Most in line with City IT technical standards (less hardware to buy) * Site license - not based upon the number of users. (allows for future growth without additional $'s) ✓ Proven track record of successful conversions and implementations ✓ Robust Employee Self- Service functionality (creates more transparency to /for the City) * Fully Auditable System (everything is tracked and reportable) ERP Software RFP Process o Introduction o History/Background o Discussion of Solutions o Financial Impact o Recommendation o Additional Questions ERP Software RFP Process Introduction What is ERP software? The Request for Proposal The Proposal evaluation plan and timeline ERP Software RFP Process History /Background o New software needed o Outdated systems o No HR system o Current programmers at or Haptlq near retirement ME ERP Software RFP Process History /Background _ Prior ERP experience • In 2008 signed with Innoprise • The project began January 2009 • Innoprise was unable to meet obligations • In December 2009 Innoprise was notified of contract cancelation and refund request ERP Software RFP Process History /Background The Request for Proposal Using documentation created for Innoprise an RFP was developed and issued in September, 2011 ERP Software RFP Process History /Background 16-11 The Request for Proposal Issued September 19, 201 1 o Pre - submission conference held on October 11, 2011 Proposals due November 8, 2011 ERP Software RFP Process History /Background The Request for Proposal Five proposals received o Advanced Utility Systems o Kronos • o New World Systems 0 • Tyler Technologies • Yardi Systems ERP Software RFP Process Discussion of Solutions VOW,� ve►. Phase I evaluation criteria * Meeting requirements o Proposed implementation plan o Cost - both project and 5 year maintenance • Compatibility with contract terms and conditions • References ERP Software RFP Process Discussion of Solutions Phase I evaluation o Yardi Systems dropped o The remaining four proposers invited for 3 day presentations and functional demos o Presentations /demos were conducted in January and February 2012 ERP Software RFP Process Discussion of Solutions D Phase II evaluation criteria o Meeting requirements o Proposed implementation plan Q ` o Cost - both project and 5 O year maintenance o On -site demos and interviews • Compatibility with contract terms and conditions • References and current customer site visits ERP Software RFP Process Discussion of Solutions Phase II evaluation Advanced Utilities and Kronos dropped Current customer site visits were conducted for New World Systems and Tyler Technologies ERP Software RFP Process Discussion of Solutions Phase II evaluation _ On -site lab sessions conducted by both remaining proposers ERP Software RFP Process Discussion of Solutions Phase II evaluation > Tyler Technologies ranked higher in evaluation criteria • Some areas preferred New World Systems • Requested Best and Final Offer from both proposers ERP Software RFP Process Best and Final Offer New World Systems o Software License - $300,000 o Implementation - $473,000 o 5 year maintenance cost - $337,400 o Total - $1,110,400 Tyler Technologies o Software License - $295,800 o Implementation - $536,365 o 5 year maintenance cost - $246,061 o Total - $1,078,226 ERP Software RFP Process Proposal Evaluation Timeline Sep -11 Nov -11 Feb -12 Presentations and functional demos by four Five proposals proposers are RFP Issued are received completed Apr -12 Client site visits to New World Systems and Tyler Technologies customers are completed Jun -12 Individual lab sessions by both remaining proposers are completed Jul -12 Best and Final Offers are requested and received Aug -12 Tyler Technologies contract negotiations are conducted ERP Software RFP Process Financial Impact o ERP software, hardware, training and consulting services - $832,165 Budget - $511,261 The project, including estimated internal expenses, is $391,904 more than budget o Recommend using interest earned from FY07 general obligation construction funds to cover the shortfall ERP Software RFP Process Recommendation The Evaluation Committee recommendation is to contract with Tyler Technologies for the purchase of the Tyler MUNIS ERP software ERP Software RFP Process Recommendation Tyler Technologies services will include installing and configuring the software, converting the legacy data from current systems and the training of City staff on the MUNIS software ERP Software Anticipated Project Milestones IMonthl IMonth2 IMnth3 IMonth4 IMonth5 IMonth6 IMonthJ Month8 IMonth9 I Month 10l Month lllMonth J Month 13l Month M4 M.Mh 15l Month ljMonth l Jl Month 18 Project Launch Financial Systems - 8 to 10 months CIS /Utility Billing - 8 to 10 months HR /Payroll 6 to 8 months ERP Software RFP Process Additional Questions o Any other questions? ERP Software RFP Process Conclusion o Thank you Current - client Site Visits: New World Systems: • Village of Rosemont, IL • Village of Palatine, IL • Des Plaines, IL • Village of Mount Prospect, IL Tyler Technologies: • Beloit, WI • Schaumburg, IL • St Louis County, MO Matt Schultz Secretary of State 9 of State of Iowa z FILED 28E H LU Agreement LL M505465 U- 9/11/2012 8:18:31 AM IL 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: -tnrer vrner it not in Iowa Item 2. The type of Public Service included in this agreement is: 0 Unknown Service Type (Enter only one Service Code and Description) Code Number Service Description Item 3. The purpose of this agreement is: (please be specific) Agreement between the City of Iowa City and the County of Johnson County for the provisions of Animal Care Services (Res #12 -416) Item 4. The duration of this agreement is: (check one) El Agreement Expires — 01ndefinite Duration [mm /dd /yyyy] Item 5. Does this agreement amend or renew an existing agreement? (check one) m 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.ia.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 Assistant Department Administrative Assistant Email kellie -tuttle aniowa- city.org Phone 319 - 356 -5043 Full Legal Name Organization Type *County Party 1 City of Iowa City City Johnson Party 2 County of Johnson County County Johnson Party 3 Party 4 Party 5 -tnrer vrner it not in Iowa Item 2. The type of Public Service included in this agreement is: 0 Unknown Service Type (Enter only one Service Code and Description) Code Number Service Description Item 3. The purpose of this agreement is: (please be specific) Agreement between the City of Iowa City and the County of Johnson County for the provisions of Animal Care Services (Res #12 -416) Item 4. The duration of this agreement is: (check one) El Agreement Expires — 01ndefinite Duration [mm /dd /yyyy] Item 5. Does this agreement amend or renew an existing agreement? (check one) m 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.ia.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 Assistant Department Administrative Assistant Email kellie -tuttle aniowa- city.org Phone 319 - 356 -5043 Prepared by: Susan Dulek, Ass't. City Atty., 410 E. Washington St., Iowa City, IA 319- 356 -5030 RESOLUTION NO. 12 -416 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY FOR THE PROVISION OF ANIMAL CARE SERVICES. WHEREAS, Iowa City provides animal care services and operates a facility for the provision of said services; WHEREAS, Iowa Code Chapter 28E (2011) permits state and local governments to make efficient use of their resources and powers in order to provide joint services; WHEREAS, the City of Iowa City and Johnson County have negotiated the terms of a 28E Agreement for the Provision of Animal Care Services, a copy of said Agreement is attached; and WHEREAS, it is in the interest of the City of Iowa City to enter into said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is hereby authorized to sign and the City Clerk to attest two (2) originals of the Chapter 28E Agreement between the City of Iowa City, Iowa and Johnson County, Iowa for the Provision of Animal Care Services, a copy of which is attached. 2. The City Clerk is directed to file said Agreement in the office of the Secretary of Sate as provided in Iowa Code section 28E.8 (2011). Passed and approved this 4th day of September , 2012. 6�� 4 MAYOR Approved City Attorney's Office 13 Resolution No. 12 -416 Page 2 It was moved by Payne and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND JOHNSON COUNTY, IOWA FOR THE PROVISION OF ANIMAL CARE SERVICES This Agreement is entered into between the City of Iowa City, Iowa, a municipal corporation, ( "Iowa City ") and Johnson County, Iowa, ( "Neighboring Jurisdiction "). WHEREAS, Iowa City provides animal care and sheltering services and operates a facility for the provision of said services ( "animal center "); WHEREAS, Iowa City is willing to provide animal care services to Neighboring Jurisdiction; and WHEREAS, Iowa Code Chapter 28E (2011) permits local governments to enter into agreements for joint services and facilities. THEREFORE, Iowa City and Neighboring Jurisdiction agree as follows: 1. Term/Duration. This Agreement shall be effective July 1, 2013, and upon execution, Iowa City will promptly file it with the Iowa Secretary of State as provided in Section 28E.8 of the Iowa Code (2011). The duration of this Agreement shall be perpetual, unless terminated in the manner provided below. 2. Purpose. The purpose of this agreement is for Iowa City to provide animal care services to Neighboring Jurisdiction pursuant to Chapter 28E of the Iowa Code (2011). 3. Sheltering Service Fee. The "sheltering service fee" is the total operational budget for the animal center for the following fiscal year multiplied by the average percentage of Neighboring Jurisdiction animals in the shelter in the previous three (3) completed fiscal years. The formula for determining the shelter service fee and the definitions of the variables are as follows: total operational budget for animal center for following FY multiplied by ave. % of Neighboring Jurisdiction animals in previous 3 completed FYs equals Neighboring Jurisdiction current FY sheltering service fee ave. number Neighboring Jurisdiction animals previous 3 completed FYs divided by average number of animals in animal center in previous 3 completed FYs equals ave. % of Neighboring Jurisdiction animals in previous 3 completed FYs total number of animals in animal center in previous 3 completed FYs divided by 3 equals average number of animals in animal center in previous 3 completed FYs total number Neighboring Jurisdiction animals in previous 3 completed FYs divided by 3 equals ave. number Neighboring Jurisdiction animals previous 3 completed FYs "Animal sheltering services" means housing and medical care, as determined by Iowa City, including but not limited to spay, neuter, microchip, adoption, reunification and euthanasia as needed. Iowa City will provide no field services to Neighboring Jurisdiction, except as provided below in the paragraph entitled "Additional Services." "Neighboring Jurisdiction animal" means any animal that is brought to the animal center from the unincorporated area of Johnson County. "Total number of animals" means all animals brought to the animal center from within a jurisdiction with a Chapter 28E agreement with Iowa City. "Total operational budget" means the total cost of operating the animal center, excluding field services, a/k/a animal control patrolling, which can be found in the cost center entitled "Shelter Operations and Administration" under the Division entitled "Animal Care and Adoption" in the Iowa City budget. Annual revenue from reclaim fees (see paragraph 7 below) will be deducted from the total operational budget. For the term of this Agreement, "Shelter Operations and Administration" cost center shall provide budgeted items only related to animal sheltering services. The parties acknowledge that a portion of the Animal Control Supervisor personnel cost is attributed to field services and that the City estimates said portion presently to be ten percent (10 %). The City will review the percentage annually and deduct said cost from the total operational budget accordingly. The parties acknowledge that this percentage is a good faith estimate to be determined solely by the City. The amount of the sheltering service fee will change automatically each fiscal year beginning July 1, 2014. Beginning January 1, 2014, and from year -to -year thereafter, Iowa City will provide Neighboring Jurisdiction with the amount of the sheltering service fee that will be effective the following July 1. Iowa City will invoice Neighboring Jurisdiction monthly for the animal sheltering service fee, and Neighboring Jurisdiction will pay the fee within thirty (30) days of receipt of the invoice. There is no limit to or cap on the number of days that an animal will remain in the animal center. Neighboring Jurisdiction may inquire at any time into the status of any animal, including the basis for the duration of the stay. 4. Acceptance of Animals 2 A. In General. Iowa City will accept any animal from Neighboring Jurisdiction, except as noted below. B. Sick/Injured. Iowa City will not accept a severely sick or injured animal after regular business hours. "Severely sick or injured" means in need of immediate medical attention as determined by Iowa City. A severely sick or injured animal subsequently determined to be stable by a veterinarian will be accepted during regular business hours. C. Prohibited. Iowa City may accept animals that are prohibited by Iowa City Ordinance (e.g., monkeys and alligators) on a case by case basis depending on species and needs. Neighboring Jurisdiction will be charged a specific fee for each animal accepted. Iowa City shall inform Neighboring Jurisdiction of said fee prior to acceptance, except in emergencies where the safety /welfare of the animal(s) or public health and safety is at risk or where expense information is not immediately available. Said animal will not be included in the "total number of Neighboring Jurisdiction animals in animal center" in that fiscal year. Neighboring Jurisdiction will pay said fee within thirty (30) days of receipt of an invoice. For public safety and appropriate confinement, these animals may need to be housed off site at an appropriate facility. D. Housing Offsite. Animals will be housed onsite based generally on when they are brought into the facility and City staff's discretion with respect to the needs of the individual animals. If an animal needs to be housed offsite due to, for example, the impoundment of a large number of animals, the type of species, or the specific needs of the animal, acceptance of that animal will be determined by Iowa City at its sole discretion. If the animal is accepted and housed offsite, Iowa City will promptly notify Neighboring Jurisdiction of the offsite housing, and Neighboring Jurisdiction will pay Iowa City administrative expenses and the actual costs of housing within thirty (30) days of being provided written documentation, including but not limited to the veterinarian bill. Neighboring Jurisdiction shall have the option of providing for the housing of the animal, but as provided below in Paragraph 4E, Neighboring Jurisdiction will claim no ownership interest in said animal. Said animal will not be included in the "total number of Neighboring Jurisdiction animals in animal center" in that fiscal year. E. Ownership. Neighboring Jurisdiction will claim no ownership interest in any animal and will not retrieve or pick -up any animal from the animal center without Iowa City's authorization. 5. Quarantine. A. Known Owner. In cases of animal bites, where no current rabies vaccination is on file and quarantine is required by law, the parties agree that it is the owner's, if known, responsibility to quarantine the animal at a certified veterinary clinic and pay all costs 3 incurred. If the owner refuses, Neighboring Jurisdiction may quarantine the animal at the animal center. If Neighboring Jurisdiction chooses to have Iowa City quarantine the animal, Iowa City may do so at the animal center or at a veterinary clinic, and said animal will be not be included in the "total number of Neighboring Jurisdiction animals in animal center" in that fiscal year if quarantined offsite. If the animal is accepted and quarantined offsite, Iowa City will promptly notify Neighboring Jurisdiction of the offsite housing, and Neighboring Jurisdiction will pay Iowa City administrative expenses and the actual costs of housing within thirty (30) days of being provided written documentation, including but not limited to the veterinarian bill. Owned animals with current rabies vaccination status that do not pose a threat to the general public should be quarantined at the owner's home for a period of 10 days from the start of quarantine. B. Stray Animals. All stray biting animals with unknown rabies status will be quarantined at the animal center or an offsite facility. All stray animals will be included in the "total number of Neighboring Jurisdiction animals in animal center" in that fiscal year if housed at the animal center. If the animal is accepted and quarantined offsite, Iowa City will promptly notify Neighboring Jurisdiction of the offsite housing, and Neighboring Jurisdiction will pay Iowa City administrative expenses and the actual costs of housing within thirty (30) days of being provided written documentation, including but not limited to the veterinarian bill. Fractious or feral animals with no traceable identification will be evaluated by Iowa City for adoption, rescue transfer, TNR, or euthanasia as allowed under state and local law. 6. Policies. All animals will be subject to the policies of Iowa City, including but not limited to Quarantine Procedure, Holding and Impound Procedure, Adoption Procedure, Foster Procedure, Euthanasia Procedure, and Emergency Medical Procedure, which Neighboring Jurisdiction may request to review annually as provided in Paragraph 9 below. 7. Reclaim. If a Neighboring Jurisdiction animal is reclaimed by the owner, said owner will be required to pay the Iowa City "reclaim fee." All animals reclaimed that do not have microchip identification will be implanted by Iowa City with a microchip, at the cost to the owner prior to being released from the animal center. If an owner cannot afford the cost of reclaim, Neighboring Jurisdiction will be notified by the animal center staff and will have the option to pick up the uncovered cost and bill the owner privately. 8. Additional Services. A. At Neighboring Jurisdiction's option, it may request that Iowa City prepare and transport to Oakdale a dead animal that needs be tested for rabies for a flat fee of $75.00 per animal. B. At Neighboring Jurisdiction's option, it may request that Iowa City provide field services for cases of animal hoarding, commercial breeding inspections, animal neglect, animal cruelty, injured, sick, and aggressive or biting animals. C. At Neighboring Jurisdiction's option, Iowa City will assist in investigating cases, including writing reports, interviewing witnesses, collecting evidence, and testifying. D. Iowa City reserves the right to decline to perform said services based on staffing, animal center constraints, or the need to perform services within Iowa City. E. Iowa City will invoice Neighboring Jurisdiction on a monthly basis for said services, and Neighboring Jurisdiction shall pay the amount within thirty (30) days of receipt of the invoice. With the exception of the flat fee in Paragraph 8A, the amount invoiced will be based on the time spent by staff member(s) to respond to the call beginning when the staff member leaves the animal center and ending when the staff member returns to the animal center. Costs will be based on the over -time rate of pay for Iowa City personnel under the ASFME contract agreement and under administrative rates of pay for supervisors. In addition, Iowa City will bill Neighboring Jurisdiction for mileage costs at the standard mileage rate used by the IRS to calculate the deductible costs to operate a vehicle for business purposes, which is $.55 per mile in 2012. Administrative costs associated with the incident, including but not limited to tracking and invoice preparation will also be included in said invoice. F. When a field service request is made by Neighboring Jurisdiction, it will have a representative present on site who has the legal authority to enforce relevant local and state laws. 9. Annual Review. At Neighboring Jurisdiction's request, Iowa City staff will meet annually with staff from Neighboring Jurisdiction, along with staff from any other jurisdiction that has entered into a 28E agreement for animal care services, to review animal center policies, as described in Paragraph 6, and operations. The parties will engage in a good -faith discussion to reach a consensus on the policies and operations, but Iowa City is under no obligation to amend its policies or operations. Iowa City acknowledges that Neighboring Jurisdiction has an interest in how policies and operations impact the animal center's capacity. 10. License. Iowa City will provide no licensing services to Neighboring Jurisdiction unless requested. If requested, the 28E agreement will be amended. 11. Animal Center. Neighboring Jurisdiction will have no right to use or occupy the animal center, and operation and management of the animal center is the sole responsibility of Iowa City. Iowa City will provide Neighboring Jurisdiction with access to the animal center after regular business hours to allow Neighboring Jurisdiction personnel to house an animal that is "acceptable" as provided in Paragraph 4 above. Upon partial or complete termination of this agreement, all the property within the animal center remains the property of Iowa City. 12. Termination. Neither party may terminate this Agreement before June 30, 2019. Beginning June 30, 2019, either party may terminate this Agreement effective June 30 by providing written notice to the other party by July 1 of the previous year. 5 13. Administrator. The Iowa City Police Chief will administer this Agreement and the services provided under this Agreement. 14. Notice. Notice by Iowa City to Neighboring Jurisdiction must be in writing and addressed to: Executive Assistant, Johnson County Board of Supervisors, 913 S. Dubuque St., Iowa City, IA 52240. Notice by Neighboring Jurisdiction to Iowa City must be in writing and addressed to: City Clerk, City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240. Notice is sufficient if delivered by ordinary mail. 15. Reports. At Neighboring Jurisdiction's request, Iowa City will provide at no charge a monthly report listing the "Neighboring Jurisdiction animals" that were impounded for that period and their dispositions. At Neighboring Jurisdiction's request, Iowa City will provide an annual report of the animal center operations thirty (30) days prior to the annual review described in Paragraph 9 above. If Neighboring Jurisdiction requests additional reports, Iowa City will provide them at its cost to prepare them. 16. Indemnification/Hold Harmless. Each party agrees to release, indemnify and hold the other party, its officers and employees harmless from and against any and all liabilities, damages, business interruptions, delays, losses, claims, judgments, of any kind whatsoever, including all costs, attorneys' fees, and expenses incidental thereto, which may be suffered by, or charged to, the other party by reason of any loss or damage to any property or injury to or death of any the person arising out of or by reason of any breach, violation or non - performance by the party or its servants, employees or agents of any covenant or condition of this Agreement or by any act or failure to act of those persons. Iowa City shall not be liable for its failure to perform this Agreement or for any loss, injury, damage or delay of any nature whatsoever resulting therefrom caused by any act of God, fire, flood, accident, strike, labor dispute, riot, insurrection, war or any other cause beyond Iowa City's control. 17. Waiver. The waiver by either party of any covenant or condition of this Agreement shall not thereafter preclude such party from demanding performance in accordance with the terms of this Agreement. 18. Severability. If a provision shall be finally declared void or illegal by any court or administrative agency having jurisdiction over the parties to this Agreement, the entire Agreement shall not be void, but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. 19. Current 28E Agreement. The parties' current 28E agreement entered on October 8, 2002 is terminated effective June 30, 2013. Upon termination, Iowa City will promptly invoice Neighboring Jurisdiction for the final bill under the previous agreement and Neighboring Jurisdiction shall pay said invoice within thirty (30) days of receipt. 20. Entire Agreement. This Agreement sets forth all of the covenants, promises, agreements, and conditions between Iowa City and Neighboring Jurisdiction concerning animal care services, and there are no other covenants, promises, agreements or conditions, either oral or written, between them. This Agreement may not be modified or amended in any manner except by an instrument in writing executed by the parties. CITY OF IOWA CITY Dated this day of SEE ,4 !3-t n , 2012. By �V -(X�l A Mayor Attest: I'C c1�L�tJ City Cler CITY OF IOWA CITY ACKNOWLEDGMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 1�'4 day of SEPr &M3£.2 , 2012, 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, 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 municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ^� SONDRAE FORT Commission Number 159791 My commission Expires Notary Public in and for the State of Iowa 7 aoi5 My Commission Expires: 3 ? 2 do !�_ NEIGHBORING JURISDICTION- JOHNSON COUNTY Dated this day ofJ�V -�— , 2012. By: Cep Rod uS Ilivan, Chairperson Johnson County Board of Supervisors Attest: ( sr�•� County Auditor/Designee JOHNSON COUNTY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY) On this 3 c ra day of Ao 6 u 5 r- , 2012, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Rod Sullivan, Board Chairperson and -rib wI S L-0 G KE't' T , Auditor/Designee, to me personally known, and, who, being by me duly sworn, did say that they are the Board Chairperson and Auditor/Designee, respectively, of Johnson County, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of Johnson County, and that the instrument was signed and sealed on behalf of Johnson County, by authority of its Board of Supervisors, and that Rod Sullivan and --r- vs•, acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of Johnson County, by it voluntarily executed. n q'au"O CHRIS R. EDWARDS Notary Public in and for the State of Iowa Commission Number 163499 My Commission Expires �- i My commission expires: 0 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND JOHNSON CO NTY, IOWA FOR THE PROVISION OF ANIMAL CARE SERVIC S This Agreement is entered into bet een the City of Iowa City/a, nicipal corporation, ( "Iowa City ") and Johnson County, wa, ( "Neighboring Juris WHEREAS, Iowa City provides ani*1 care and shelterin services and operates a facility for the provision of said services ("ani4 center "); WHEREAS, Iowa City is willing to prt ide animal dare services to Neighboring Jurisdiction; and � WHEREAS, Iowa Code Chapter 28E (2 11) p rmits local governments to enter into agreements for joint services and facilities. THEREFORE, Iowa City and Neighbori Jurisdiction agree as follows: 1. Term/Duration. This Agree ent s all be effective July 1, 2013, and upon execution, Iowa City will promptly file it with e IowA Secretary of State as provided in Section 28E.8 of the Iowa Code (2011). The durati of this greement shall be perpetual, unless terminated in the manner provided below. 2. Purpose. The purpos of this agreeme is for Iowa City to provide animal care services to Neighboring Jurisdiction ursuant to Chapter 8E of the Iowa Code (2011). 3. Shelterin Servi Fee. The "sheltering ervice fee" is the total operational budget for the animal center for the f lowing fiscal year multip 'ed by the average percentage of Neighboring Jurisdiction animals in/the shelter in the previous thre ',(3) completed fiscal years. The formulq/for determining the shelter service f and the definitions of the variables are as follows: / \ total operational budget for animal cent for following FY multipl' d by ave. % of Neighboring Jurisdiction anima s in previous 3 completed FYs equals Neighboring Jurisdiction current FY sheltie ing service fee ave. number Neighboring Jurisdiction animals p vious 3 completed FYs divided by average number of animals in animal center in previous 3 completed FYs equals ave. % of Neighboring Jurisdiction animals in previous 3 completed FYs total number of animals in animal center in previous 3 completed FYs divided by 3 equals average number of animals in animal center in previous 3 completed FYs total number Neigh oring Jurisdiction animals in pr vious 3 completed FYs divided by 3 equals ave. number Neighb ing Jurisdiction animals pr ious 3 completed FYs "Animal sheltering services" means housin \,edica' care, as determined by Iowa City, including but not limited to spay, neuter, m adoption, reunification and euthanasia as needed. Iowa City will provide no field serveighbori Jurisdiction, except as provided below in the paragraph entitled "Additional S" "Neighboring Jurisdiction animal" means anl tha is brought to the animal center from the unincorporated area of Johnson County. "Total number of animals" means all ani ght to the animal center from within a jurisdiction with a Chapter 28E agreement wiCity. "Total operational budget" means the total cost f o erating the animal center, excluding field services, aWa animal control patrolling, which an b found in the cost center entitled "Shelter Operations and Administration" under the Div'sion en 'tied "Animal Care and Adoption" in the Iowa City budget. Annual revenue from rec im fees ee paragraph 7 below) will be deducted from the total operational budget. For th term of th s Agreement, "Shelter Operations and Administration" cost center shall provid budgeted it s only related to animal sheltering services. The parties acknowledge that portion of the nimal Control Supervisor personnel cost is attributed to field services and at the City esti tes said portion presently to be ten percent (10 %). The City will review t percentage annual and deduct said cost from the total operational budget accordingly. The parties acknowledge hat this percentage is a good faith estimate to be determined solely by t e City. The amount of the sheltering sere ce fee will change automa cally each fiscal year beginning July 1, 2014. Beginning Janua 1, 2014, and from year -to ' ear thereafter, Iowa City will provide Neighboring Jurisdicti with the amount of the she \imal vice fee that will be effective the following July 1. Iowa City will invoice Neig oring Jurisdiction monthly for thsheltering service fee, and Neighboring J urisdictio will pay the fee within thirty (30eceipt of the invoice. There is no limit to or cap o the number of days that an animal n in the animal center. Neighboring Jurisdiction m y inquire at any time into the statanimal, including the basis for the duration of the s y. 4. Acceptance of Animals 2 A. In General. Iowa City will accept any animal from Neighboring Jurisdiction, except as noted below. B. Sick/Injured. Iowa City will not accept a severely si or injured animal after regular business hours. "Severely sick or injured" m ans in need of immediate medical attention as dete fined by Iowa City. A sev rely sick or injured animal subsequently determined be stable by a veterin ian will be accepted during regular business hours. C. Prohibited. Iowa City m accept animals t tare prohibited by Iowa City Ordinance (e.g., monkeys a d alligators) on a case by case basis depending on species and needs. Neighbori g Jurisdiction ' I be charged a specific fee for each animal accepted. Iowa City sha inform Neig oring Jurisdiction of said fee prior to acceptance, except in emergen ies where e safety /welfare of the animal(s) or public health and safety is at ris or w available. Said animal will not a in Jurisdiction animals in animal cen r" will pay said fee within thirty (30) a) and appropriate confinement, these appropriate facility. ;re expense information is not immediately a ed in the "total number of Neighboring that fiscal year. Neighboring Jurisdiction of receipt of an invoice. For public safety ials may need to be housed off site at an D. Housing Offsite. Animals will be o ed onsite based generally on when they are brought into the facility and City taff discretion with respect to the needs of the individual animals. If an animal eeds t be housed offsite due to, for example, the impoundment of a large number of anima , the type of species, or the specific needs of the animal, acceptance of t at animal ill be determined by Iowa City at its sole discretion. If the animal is ccepted and oused offsite, Iowa City will promptly notify Neighboring Jurisdict' n of the off housing, and Neighboring Jurisdiction will pay Iowa City admini rative expenses Nnd the actual costs of housing within thirty (30) days of being ovided written doc mentation, including but not limited to the veterinarian bill. eighboring Jurisdicti shall have the option of providing for the housing of the a imal, but as provided b low in Paragraph 4E, Neighboring Jurisdiction will claim o ownership interest in said animal. Said animal will not be included in the "total mber of Neighboring Juris iction animals in animal center" in that fiscal year. E. Ownership. Neighb ring Jurisdiction will claim no ow ership interest in any animal and will not retrie e or pick -up any animal from the imal center without Iowa City's authorizatio . 5. Quarantine. A. Known Owne . In cases of animal bites, where no current rabies vaccination is on file and quarantink is required by law, the parties agree that it is the owner's, if known, responsibility to quarantine the animal at a certified veterinary clinic and pay all costs 3 incurred. If the owner refuses, Neighboring Jurisdiction may quaran 'ne the animal at the animal center. If Neighboring Jurisdiction chooses to have Io a City quarantine the animal, Iowa City may do so at the animal center or at a veteri ary clinic, and said animal will be not be included in the "total number of Nei boring Jurisdiction animals in animal center" in that fiscal year if quarantined o site. If the animal is accepted and quarantined offsite, Iowa City will promp y notify Neighboring Jurisdiction of the offsite ho ing, and Neighboring Jurisdi ion will pay Iowa City administrative expenses and the actual costs of housing ithin thirty (30) days of being provided written doc entation, including but n limited to the veterinarian bill. Owned animals with cu rent rabies vaccination st s that do not pose a threat to the general public should be uarantined at the owner's home for a period of 10 days from the start of quarantine. B. Stray Animals. All stray biting imals with unkn wn rabies status will be quarantined at the animal center or an offsi facility. All tray animals will be included in the "total number of Neighboring Jur diction ani is in animal center" in that fiscal year if housed at the animal center. If the animal i accepted and quarantined offsite, Iowa City will promptly notify Neigh Neighboring Jurisdiction will pay I costs of housing within thirty (30) including but not limited to the vetc traceable identification will be evalL TNR, or euthanasia as allowed under 6. Policies. All animals will be subje to tl limited to Quarantine Procedure, Holding a d Imps Procedure, Euthanasia Procedure, and E ergenc Jurisdiction may request to review annuall as provi J risdiction of the offsite housing, and ty administrative expenses and the actual of being provided written documentation, an bill. Fractious or feral animals with no by Iowa City for adoption, rescue transfer, and local law. policies of Iowa City, including but not id Procedure, Adoption Procedure, Foster ,vedical Procedure, which Neighboring in Paragraph 9 below. 7. Reclaim. If a Neighboring Juri diction animal 's reclaimed by the owner, said owner will be required to pay the Iowa City "reclaim fee." A animals reclaimed that do not have microchip identification will be imp l nted by Iowa City with a microchip, at the cost to the owner prior to being released from a animal center. I \aimal owner cannot afford the cost of reclaim, Neighboring Jurisdiction w ll be notified by the center staff and will have the option to pick up the uncovered cos and bill the owner privly. 8. Additional Services. A. At Neighboring Juris iction's option, it may reques\for a City prepare and transport to Oakdale dead animal that needs be tesbies for a flat fee of $75.00 per anima l. B. At Neighboring Ju sdiction's option, it may request a City provide field services for cases f animal hoarding, commercial bspections, animal neglect, animal cruelty, injured, sick, and aggressive animals. 4 C. At Neighboring Jurisdiction's option, Iowa City will assist in investigating cases, including writing reports, interviewing witnesses, collecting evidence, and testifying. D. Iowa City reserves the righ to decline to perform said service based on staffing, animal center constraints, or the need to perform services wit in Iowa City. E. Iowa City will invoice Neigh ri and Neighboring Jurisdiction a of the invoice. With the except o invoiced will be based on the ti beginning when the staff memb member returns to the animal ce for Iowa City personnel under th administrative rates of pay for su Neighboring Jurisdiction for mil( IRS to calculate the deductible cc is $.55 per mile in 2012. Admini but not limited to tracking and in invoice. i,l Jurisdiction on a mont y basis for said services, Ill, the amount within irty (30) days of receipt i of the flat fee in Parag aph 8A, the amount e spent by staff membe (s) to respond to the call leaves the animal ce er and ending when the staff ter. Costs will be ba ed on the over -time rate of pay ASFME contract reement and under ervisors. In addit' n, Iowa City will bill Age costs at the s ndard mileage rate used by the s to operate a ehicle for business purposes, which �t tive costs as ociated with the incident, including vo ce orenarat' n will also be included in said F. When a field service request is made Nei hboring Jurisdiction, it will have a representative present on site who has \e /gal authority to enforce relevant local and state laws. 9. Annual Review. At Neighboring Jur' dict or annually with staff from Neighboring Jurisdiction, al that has entered into a 28E agreement for ani al care Is as described in Paragraph 6, and operations. he partie to reach a consensus on the policies and erations, b amend its policies or operations. Iowa Ci acknowled€ interest in how policies and operations im act the animal is request, Iowa City staff will meet g with staff from any other jurisdiction rvices, to review animal center policies, will engage in a good -faith discussion u Iowa City is under no obligation to ;e that Neighboring Jurisdiction has an ce ter's capacity. 10. License. Iowa City will provide/no licensing services Neighboring Jurisdiction unless requested. If requested, the 28E agree ent will be amended. to 11. Animal Center. Neighbi center, and operation and manaE City. Iowa City will provide N regular business hours to allow "acceptable" as provided in Par agreement, all the property withi� ri Jurisdiction will have no ight to use or occupy the animal ent of the animal center is, he sole responsibility of Iowa hboring Jurisdiction with ac ess to the animal center after eighboring Jurisdiction person I to house an animal that is ;raph 4 above. Upon partial or omplete termination of this the animal center remains the pro rty of Iowa City. 12. Termination. Neithei party may terminate this Agreeme t before June 30, 2019. Beginning June 30, 2019, ei er party may terminate this Agreem nt effective June 30 by providing written notice to the other party by July l of the previous year. 5 13. Administrator. The Iowa City Police Chief will administer this Agreement and the services provided under this Agreement. 14. Notice. Notice by Iowa City to Neighboring Jurisdiction must be in riting and addressed to: Executive Assistant, Johnson County Board of Supervisors, 9 V1 S. Dubuque St., Iowa City, IA 52240. Notice by Neighboring Jurisdiction to Iowa City must be in writ and addressed to: City Clerk, City of Iowa City, 410 E. Washington treet, Iowa City, IA 5 40. Notice is sufficient if delivered by ordinary 15. Reports. At Neighboring Jurisdiction' request, Iowa !y will provide at no charge a monthly report listing the "Neighboring Juris icti nim on aal that were impounded for that period and their dispositions. At Neighboring Ju isdiction's r quest, Iowa City will provide an annual report of the animal center operations irty (30) days prior to the annual review described in Paragraph 9 above. If Neighboring urisdict' n requests additional reports, Iowa City will provide them at its cost to prepare them. 16. Indemnii <cation/Hold Harmless. Each part other party, its officers and employees harmless from business interruptions, delays, losses, claims, judgm costs, attorneys' fees, and expenses incidental theret the other party by reason of any loss or damage to a person arising out of or by reason of any breach, v oli servants, employees or agents of any covenant r cc -ees to release, indemnify and hold the against any and all liabilities, damages, of any kind whatsoever, including all ich may be suffered by, or charged to, roperty or injury to or death of any the or non - performance by the party or its n of this Agreement or by any act or failure to act of those persons. Iowa /ee 11 not be liable for its failure to perform this Agreement or for any loss, injury, damay of any ature whatsoever resulting therefrom caused by any act of God, fire, flood, arike, labor ispute, riot, insurrection, w ar or any other cause beyond Iowa City's control17. Waiver. The waiver by either y covenant o condition of this Agreement shall not thereafter preclude such party from ng performan in accordance with the terms of this Agreement. 18. Severability. If a provisio shall be finally declared id or illegal by any court or administrative agency having ju sdiction over the parties to this Agreement, the entire Agreement shall not be void, but he remaining provisions shall c ntinue in effect as nearly as possible in accordance with the o iginal intent of the parties. 19. Current 28E Agreem nt. The parties' current 28E agreem t entered on October 8, 2002 is terminated effective J ne 30, 2013. Upon termination, Iowa C ty will promptly invoice Neighboring Jurisdiction f64 the final bill under the previous agree ent and Neighboring Jurisdiction shall pay said invoice within thirty (30) days of receipt. 20. Entire Agreement. This Agreement sets forth all of the covenants, promises, agreements, and conditions between Iowa City and Neighboring Jurisdiction concerning animal care services, and there are no other covenants, promises, agreements or conditions, either oral or written, between them. This Agreement may not be modified or amended in any manner except by an instrument in writing executed by the parties. CITY OF IOWA CITY Dated this By: Mayor Attest: City Clerk STATE OF IOWA JOHNSON COUNTY day of CITY OF IOWA CITY AC ss: On this day of notary public in and for the State of I Karr, to me personally known, who b City Clerk, respectively, of said instrument; that the seal affixed th instrument was signed and sealed o Council; and that the said Mayor a d of said instrument to be the vo unt voluntarily executed. LEDGMENT owa personally appeared ei by me duly sworn, di m icipal corporation exec reto is the seal of said behalf of said municipal c City Clerk as such officers ary act and deed of said 2, before me, the undersigned, a a t" J. Hayek and Marian K. d ay that they are the Mayor and ut g the within and foregoing mu icipal corporation; that said co 2012. Approved By City Attomey's Office ation by authority of its City ac wledged that the execution Corp ation, by it and by them Notary Public in and My Commission the State of Iowa 7 NEIGHBORING JURISDICTION- JOHNSON COUNTY Dated this Attest: day of Rod Sullivan, Chairperson Johnson County Board of Supervisors County Auditor /Designee JOHNSON COUNTY STATE OF IOWA ) ) ss: JOHNSON COUNTY) 2012. On this day of , 2012, before me, the undersigned, a Notary Public in and for the State f Iowa, pers nally appeared Rod Sullivan, Board Chairperson and Auditor /Designee, to me personally known, and, who, being by me duly orn, did say tha they are the Board Chairperson and Auditor /Designee, respectively, of Jo nson County, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of ohnson County, and that the instrument was signed and sealed on behalf of Johnson Cou y, by authority of its oard of Supervisors, and that Rod Sullivan and acknowle ged the execution of the instrument to be their voluntary act and de d and the voluntary act a d deed of Johnson County, by it voluntarily executed. Public in and for the State of Iowa My commission exp 8 14 Prepared by: Susan Dulek, Ass't. City Atty., 410 E. Washington St., Iowa City, IA 319 - 356 -5030 RESOLUTION NO. 12 -417 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN ANIMAL SHELTER FACILITY CAPITAL CONTRIBUTION AGREEMENT BETWEEN THE CITY OF IOWA CITYAND JOHNSON COUNTY WHEREAS, as set forth in Resolution No. 12 -155, the City has agreed to build a new animal shelter facility that exceeds the needs of its citizens and addresses the needs of a neighboring jurisdiction on the condition that the jurisdiction contribute its proportional share of the construction costs; WHEREAS, Johnson County has agreed to pay its proportional share of the construction costs of the new shelter; and WHEREAS, it is in the interest of the City of Iowa City to enter into said agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is hereby authorized to sign and the City Clerk to attest to two (2) originals of the attached shelter facility capital contribution agreement with Johnson County. Passed and approved this 4th day of September , 2012. -d-t MAYOR ATTEST: 12 CIT ERK Approved b City Attorney's Office Resolution No. 12 -417 Page 2 It was moved by Thro¢morton and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _x_ Champion x Dickens _ x Dobyns _x_ Hayek x Mims X Payne g Throgmorton ANIMAL SHELTER FACILITY CAPITAL CONTRIBUTION AGREEMENT This Agreement is entered into between the City of Iowa City, Iowa, a municipal corporation, ( "Iowa City ") and the Johnson County, Iowa, a municipal corporation, ( "Neighboring Jurisdiction "). WHEREAS, Iowa City is planning to construct a new facility for the provision of animal care and sheltering services; WHERAS, because the previous facility was destroyed in the June 2008 flood, FEMA and the State of Iowa have approved funding for the replacement of the flooded facility; WHEREAS, the Friends of the Animal Center Foundation is undertaking a campaign to raise funds for construction of the facility; WHEREAS, Iowa City is willing to construct a facility that exceeds the needs of its citizens if Neighboring Jurisdiction is willing to contribute to the costs of the facility; and WHEREAS, Neighboring Jurisdiction is willing to contribute to the costs of the facility. THEREFORE, Iowa City and Neighboring Jurisdiction agree as follows: 1. Neighboring Jurisdiction agrees to pay Iowa City a Capital Contribution. 2. Capital Contribution is defined as "Net Project Cost" multiplied by "Neighboring Jurisdiction Animals Percentage." a. Net Project Cost. When determining Capital Contribution, Net Project Cost is defined as "Total Project Cost" less "FEMA. Funds" less "State Funds" less "Foundation Funds." b. Neighboring Jurisdiction Animals Percentage. When determining Capital Contribution, Neighboring Jurisdiction Animals Percentage is defined as "Neighboring Jurisdiction Animals in FY09 -FYI I" divided by "Total Number of Animals in Shelter from Contributing Jurisdictions FY09 -FYI I" and rounded to two (2) decimal points. c. Total Proieect Cost. When determining Capital Contribution, Total Project Cost is defined as all construction costs of the facility incurred by Iowa City after January 25, 2012 including, but not limited to, parking, lighting, change orders, architectural design services, soft costs, furniture, fixtures, and equipment. Iowa City estimates the Total Project Cost at $3 million. The parties acknowledge that said figure is a good - faith, non - binding estimate based on estimates provided by Jackson & Ryan Architects and that the Total Project Cost will not be determined until on or about July 2015 (see Paragraph 3 below). Supporting documentation for said costs is available on request. d. FEMA Funds. The parties acknowledge that FEMA has "obligated" $1,416,152.64 for the replacement of the flooded facility, of which the federal share is ninety percent (90 %) or $1,274,537.38. The parties further acknowledge that said amount is based on an application submitted to FEMA and that the actual FEMA assistance provided may be greater or less than this amount. The parties further acknowledge that the FEMA assistance is provided to Iowa City after an expense is incurred and a claim submitted for reimbursement. The parties further acknowledge that Iowa City has requested reimbursement of expenses incurred prior to January 25, 2012 for architectural fees and demolition of the flooded facility. FEMA Funds is defined as the FEMA assistance provided to Iowa City for reimbursable expenses incurred after January 25, 2012. e. State Funds. The parties acknowledge that the State of Iowa has agreed to provide the ten percent (10 %) local share of the FEMA obligated amount, which is $141,615.26. The parties further acknowledge that the State of Iowa assistance is provided to Iowa City after an expense is incurred and a claim submitted for reimbursement. The parties further acknowledge that Iowa City has requested reimbursement of expenses incurred prior to January 25, 2012 for architectural fees and demolition of the flooded facility. State Funds is defined as the State of Iowa assistance provided to Iowa City for reimbursable expenses incurred after January 25, 2012. f. Foundation Funds. Foundation Funds is defined as the amount of capital funds raised by the Friends of the Animal Center Foundation and provided to Iowa City. Iowa City estimates the Foundation Funds to be $1 million. Iowa City reserves the right to decrease the size of the facility and/or eliminate components of the facility if $1 million is not raised. The parties acknowledge that the Friends of the Animal Center Foundation intend to provide the Foundation Funds to Iowa City in annual payments over a five (5) year period with the first payment being made on or about June 1, 2013. g. Formula. The formula for determining the Capital Contribution is as follows: Net Project Cost Multiplied by Neighboring Jurisdiction Animals Percentage Capital Contribution Total Project Cost Less FEMA Funds Less State Funds Less Foundation Funds Net Project Cost Neighboring Jurisdiction Animals in FY09 -FY11 (1,431) Divided by Total No. Animals in Shelter from Contributing Jurisdictions FY09 -FY 11 Neighboring Jurisdiction Animals Percentage (rounded to 2 decimal pts.) 3. A preliminary Capital Contribution is due and payable within thirty (30) days of receipt of an invoice. Iowa City shall determine the Neighboring Jurisdiction's preliminary Capital Contribution and will invoice the Neighboring Jurisdiction after the Iowa City City Council accepts the project, which Iowa City anticipates to be July 2015. Because the Friends of the Animal Center Foundation intend to provide the Foundation Funds to Iowa City in annual payments over a five (5) year period, the parties acknowledge that Iowa City will not have received all the Foundation Funds by the time the Iowa City City Council accepts the project and therefore cannot determine the final Capital Contribution at such time. In calculating the amount of the preliminary Capital Contribution, the amount of Foundation Funds available to Iowa City when Iowa City City Council accepts the project shall be the number used in said calculation.. Iowa City shall make a reconciliation between the Capital Contribution and the preliminary Capital Contribution annually based upon the amount of Foundation Funds available to the City, with the final reconciliation to be made upon receipt of the last payment from the Friends of the Animal Center Foundation's fundraising efforts in 2017. Iowa City shall determine the Capital Contribution, and if any amount of the preliminary Capital Contribution is due back. to Neighboring Jurisdiction, Iowa City shall provide such refund in a timely manner after receipt of additional Foundation Funds. 4. Neighboring Jurisdiction will execute a separate 28E Agreement with Iowa City in which it will share proportionally with all contributing jurisdictions in the operating expenses of the facility. Except as provided in the separate 28E Agreement, Neighboring Jurisdiction will have no right to use or occupy the facility, and operation and management of the facility will be the sole responsibility of Iowa City. 5. The parties acknowledge that Iowa City, although not required by either FEMA or the State of Iowa, is applying the FEMA Funds and State Funds toward the Total Project Cost, rather than its proportional contribution, resulting in a lower Capital Contribution for Neighboring Jurisdiction. The parties further acknowledge that the Total Project Cost does not include the value of the land because Iowa City is providing the land for the facility at no cost to Neighboring Jurisdiction. 3 6. The Capital Contribution is non - refundable. CITY OF IOWA CITY +k Dated this `t day of SEPri`nnBErg— , 2012. By: Mayor Attest: City Cler CITY OF IOWA CITY ACKNOWLEDGMENT STATE OF IOWA JOHNSON COUNTY On this Lf A day of '�F-PTkt^BFP-- , 2012, 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, 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 municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. om SONDRAE FORT Commission Number 159791 My Commission Expires Notary public in and for the State of Iowa My Commission expires: 4 NEIGHBORING JURISDICTION- JOHNSON COUNTY Dated this day of _ 2012. By: nd Rod Sullivan, Chairperson Johnson ount Bo Su ervisors Attest: all'? County Auditor/Designee JOHNSON COUNTY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY) On this 3v-r-P� day of A v C- & -�' 2012, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Rod Sullivan, Board Chairperson and -ra ;" Sc-b & 1--4----r T , Auditor/Designee, to me personally known, and, who, being by me duly sworn, did say that they are the Board Chairperson and Auditor/Designee, respectively, of Johnson County, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of Johnson County, and that the instrument was signed and sealed on behalf of Johnson County, by authority of its Board of Supervisors, and that Rod Sullivan and ro n1 5L--G WF- -rT- acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of Johnson County, by it voluntarily executed. .tom CHRi3 R. EDy1d�Rpg Notary Public in and for the State of Iowa i � Commission Numb t My Commission E Ise My commission expires: l - 13 - 11, ANIMAL SHELTER FACILITY CAPITAL CONTRIBUTION AGREEMENT This Agreement is entered into between the City of Iowa City, Iowa, a m nicipal corporation, ( "Iowa City ") and the Jo son County, Iowa, a municipal corporation, (" eighboring Jurisdiction "). WHEREAS, Iowa City is p ing to construct a new facility for the rovision of animal care and sheltering services; WHERAS, because the previoufacility was destroyed in the dine 2008 flood, FEMA and the State of Iowa have approved fun 'ng for the replacement of e flooded facility; WHEREAS, the Friends of the A. funds for construction of the facil WHEREAS, Iowa City is willing to c Neighboring Jurisdiction is willing to Center F WHEREAS, Neighboring Jurisdiction is THEREFORE, Iowa City and 1. Neighboring Jurisdiction 2. Capital Contri Jurisdiction Animals J to a iqh is undertaking a campaign to raise nity that exceeds the needs of its citizens if the costs of the facility; and to contribute to the costs of the facility. urisdiction agree as follows: Iowa City a Capital Contribution. is defined \s "Net Project Cost" multiplied by "Neighboring 11L1 a. Net Project Cost. When termining Capital ontribution, Net Project Cost is defined as "Total Project Cost" les "FEMA Funds" less State Funds" less "Foundation Funds." b. Nei hborin Jurisdi ion Animals Percentage. en determining Capital Contribution, Neighboring Juris ction Animals Percentage is d fined as "Neighboring Jurisdiction Animals in FY09 FYI I" divided by "Total Numbe of Animals in Shelter from Contributing Jurisdictions F 09 -FY11" and rounded to two (2) d imal points. c. Total Proie9t Cost. When determining Capital Contrib tion, Total Project Cost is defined as all /notmited tion costs of the facility incurred by Iowa Ci after January 25, 2012 including, bu to, parking, lighting, change orders, archi ctural design services, soft costs, furxtures, and equipment. Iowa City estimates the otal Project Cost at $3 million. Th acknowledge that said figure is a good - faith, n n- binding estimate based on estovided by Jackson & Ryan Architects and that the Total Project Cost will not be 1 determined until on or about July 2015 (see Paragraph 3 below). Supporting documentation for said costs is available on request. d. FEMA Funds. The parties acknowledge th replacement of the flooded facility, of whic $1,274,537.38. The parties further acknow submitted to FEMA and that the actual FE than this amount. The parties further ackn Iowa City after an expense is incurred and parties further acknowledge that Iowa City incurred prior to January 25, 2012 for archi facility. FEMA Funds is defined as the FE reimbursable expenses incurred after Janua MA has "obligated' the federal share is nine sdge that said amount is A assistance provided n vledge that the FEMA a claim submitted for rein as requested reimburs ent of expenses ;ctural fees and dem ition of the flooded to Iowa City for 1,416,152.64 for the percent (90 %) or L ed on an application be greater or less .stance is provided to ursement. The e. State Funds. The parties acknowledge that th percent (10 %) local share of the FEMA oblig,, parties further acknowledge that the State of I an expense is incurred and a claim submitted acknowledge that Iowa City has requested rei. January 25, 2012 for architectural fees and de defined as the State of Iowa assistance provid incurred after January 25, 2012. / k assistance 25, 2012. State of Io a has agreed to provide the ten zd amou t, which is $141,615.26. The Vaass ' tance is provid ed to Iowa City after ursement. The parties further ent of expenses incurred prior to of the flooded facility. State Funds is a City for reimbursable expenses f. Foundation Funds. Foundation Funds is fined as) Friends of the Animal Center Foundati and provi the Foundation Funds to be $1 millio . Iowa City i the facility and /or eliminate compo nts of the faci parties acknowledge that the Frien s of the Animal Foundation Funds to Iowa City i annual payments payment being made on or abo June 1, 2013. g. Formula. The formula Net Multiplied by Nei. determining the Capital Cost Contribution T al Project Cost Less ttate MA Funds Less Funds amount of capital funds raised by the . to Iowa City. Iowa City estimates rves the right to decrease the size of if $1 million is not raised. The rater Foundation intend to provide the ,-r a five (5) year period with the first bution is as follows: 2 Less Foundation Funds Net Project Cost Neighboring Jurisdiction Divided by Total No. Animals in Shf Neighboring Jurisdiction 3. A preliminary Capital Contribution s receipt of an invoice. Iowa City shall deter i preliminary Capital Contribution and will in Iowa City City Council accepts the project, Because the Friends of the Animal Center Fo Funds to Iowa City in annual payments over a acknowledge that Iowa City will not have rec the Iowa City City Council accepts the project Capital Contribution at such time. In calculating the amount of the preliminary Capital C Funds available to Iowa City when Iowa City City C number used in said calculation.. Iowa City shall ak Contribution and the preliminary Capital Contri tion s in FY09 -FY 11 (1,43 Percentage ( to 2 decimal pts.) due and payable w thin thirty (30) days of ne the Neighbori g Jurisdiction's oice the Neigh ring Jurisdiction after the rich Iowa Ci anticipates to be July 2015. ndation in nd to provide the Foundation five (5) ear period, the parties e ved a the Foundation Funds by the time d erefore cannot determine the final a ) ution, the amount of Foundation accepts the project shall be the :conciliation between the Capital .ally based upon the amount of Foundation Funds available to the City, with t final reco ciliation to be made upon receipt of the last payment from the Friends of the Ani al Center Fo dation's fundraising efforts in 2017. Iowa City shall determine the Capital Cont cation, and if a amount of the preliminary Capital Contribution is due back to Neighboring risdiction, Iowa C ty shall provide such refund in a timely manner after receipt of additiona oundation Funds. 4. Neighboring Ju. in which it will share expenses of the facility Jurisdiction will have management of the faci .ct n will execute a separate 28E Agreement with Iowa City tionally with all contributin jurisdictions in the operating cept as provided in the separat 28E Agreement, Neighboring right to use or occupy the acility, and operation and will be the sole responsibility of I a City. 5. The parties ac owledge that Iowa City, although not re it the State of Iowa, is pPlying the FEMA Funds and State Funds t Cost, rather than i proportional contribution, resulting in a Lowe for Neighboring J risdiction. The parties further acknowledge that does not include he value of the land because Iowa City is proN facility at no cos to Neighboring Jurisdiction. d by either FEMA or and the Total Project Capital Contribution Total Project Cost ii the land for the 3 6. The Capital Contribution is non - refundable. CITY OF IOWA CITY Dated this By: Mayor Attest: City Clerk STATE OF IOWA day of CITY OF IOWA CITY 2012. JOHNSON COUNTY ) On this day of 012, before me, the undersigned, a notary public in and for the State of Iowa, personally a pear Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, 'd say that they are the Mayor and City Clerk, respectively, of said municipal corpo ation exe uting the within and foregoing instrument; that the seal affixed thereto is the s 1 of said unicipal corporation; that said instrument was signed and sealed on behalf of sai in co ration by authority of its City Council; and that the said Mayor and City Clerk such officers a owledged that the execution of said instrument to be the voluntary act an deed of said coi oration, by it and by them voluntarily executed. Notary FUD11c In ana Tor iRe eta ;e or Iowa A BY My Commission expires: CClty Attorney's t}fiHC9 4 NEIGHBORING JURISDICTION- JOHNSON COUNTY Dated this By: Attest: day of Rod. Sullivan, Chairperson Johnson County Board of Supervisors County Auditor /Designee JOHNSON COUNTY STATE OF IOWA ) ) ss: JOHNSON COUNTY) On this day of a Notary Public in and for the Chairperson and known, and, who, being by me di Auditor/Designee, respectively, of instrument is the corporate seal o sealed on behalf of Johnson Cou Sullivan and to be their voluntary act and d ec voluntarily executed. 2012. 2 12, before me, the undersigned, Itat of Iowa, personally ppeared Rod Sullivan, Board Audit r/Designee, to me personally y sworn, did say that they e the Board Chairperson and son County, Iowa; that t e seal affixed to the foregoing Johnson County, and that t e instrument was signed and y, by authority of its Board of Supervisors, and that Rod acknowledged e execution of the instrument and the voluntary act and d ed of Johnson County, by it Notarv/Public in and for the State of Iowa My commission expires: 5